FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958

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FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 46

Prosecutions.

46.(1) Notwithstanding any provision in any enactment prescribing the period
within which summary proceedings may be commenced, where a sample has been
procured under this Act, a prosecution in respect of the article or substance
sampled shall not be begun

(a)where the sample was of milk, after the expiration of the period of
twenty-eight days beginning with the date on which the sample was procured;

(b)where the sample was not of milk, after the expiration of the period of two
months beginning with the date on which the sample was procured;

(2) Where a certificate issued under sub-section (1) relates to a prosecution
in respect of a sample of milk, that prosecution shall not in any case be
begun after the expiration of forty-two days beginning with the date on which
the sample was procured.

(3) Notwithstanding any provision in any enactment prescribing the period
within which summary proceedings may be commenced, a prosecution under section
fifty-three in respect of giving a false warranty may be begun within twelve
months from the date of the commission of the offence.

(4) Where a sample has been procured under this Act, any prosecution in
respect of the article or substance sampled shall, subject to sub-sections (5)
and (6), be brought before a court having jurisdiction in the place where the
sample was procured.

(5) Where a sample procured within one [district] is for the purposes of
this Act deemed to have been procured within another [district], a prosecution
may be brought either before the court having jurisdiction in any part of the
[district] within which the sample was procured, or before a court having
jurisdiction in any part of the [district] within which the sample is deemed
to have been procured.

(6) Where an article or a substance sampled under this Act was sold and
actually delivered to the purchaser, a prosecution may be brought before a
court having jurisdiction at the place of delivery.

(7) Any prosecution under this Act [or any regulations made thereunder] in
respect of an article or substance which has been sampled shall not be heard
or determined earlier than fourteen days after the date of service of the
summons, and in any such proceedings a copy of

(a)any certificate of analysis obtained on behalf of the prosecutor; and

(b)any certificate given by a justice of the peace under sub-section (1);

(8) In any prosecution under this Act [or any regulations made thereunder]
where a sample has been procured in such circumstances that its division into
parts is required by this Act, the part of the sample retained by the person
who procured it shall be produced at the hearing.

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Northern Irish Legislation

FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 46