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1954 c.33 74.(1) This Act may be cited as the Food and Drugs Act (Northern Ireland), 1958. (2) Commencement. 1.(1) In this Schedule "the Act of 1955" means the Food and Drugs Act, 1955; "the Minister" means the Minister of Agriculture, Fisheries and Food; "order" and "regulations" mean, respectively, an order or regulations made under the Act of 1955 and applying to Northern Ireland; "ship" includes any boat or craft. (2) In any provision of this Act applied for the purpose of the enforcement and execution of any order or regulation the expression "sampling officer" shall include an officer authorised in that behalf by the Minister. 2. It shall be the duty of the Minister to enforce and execute the provisions of any order. 3. For the purpose of ascertaining whether there is or has been any contravention of the provisions of any order or regulations an inspector of the Minister shall have the like powers of entry as are exercisable under section forty-one and section forty-two by an authorised officer of a [district council]; and in relation to any such inspector the reference in sub-section (3) of section forty-one to the [council] shall be construed as a reference to the Minister. 4.(1) Without prejudice to the application of sub-sections (2) and (3) of section twenty of the Interpretation Act (Northern Ireland), 1954 (which relate to offences committed by bodies corporate), in relation to offences under this Act, or any regulations, order or byelaw made thereunder, sub-section (2) of the said section twenty shall, with the omission of the words "subject to sub-section (3)", apply in relation to offences committed by bodies corporate against any provision of any order or regulations. (2) In the application by sub-paragraph (1) of sub-section (2) of section twenty of the said Act of 1954 the expression "director", in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate. 5.(1) The Minister may, where he is of opinion that the general interests of consumers are affected, institute proceedings for an offence against any provision of regulations made under section four or section seven of the Act of 1955, other than any such provision which it is the duty of a [district council] to enforce and execute. (2) A [district council] shall not, except so far as may be otherwise prescribed by regulations made under section seven of the Act of 1955, institute proceedings for an offence against any provision of those regulations unless they have given to the Minister fourteen days' notice of their intention to institute the proceedings, together with a summary of the facts on which the charge is founded. (3) A certificate of the Minister that the requirements of sub-paragraph (2) have been complied with in relation to any proceedings shall be conclusive evidence that they have been complied with in relation thereto; and any document purporting to be such a certificate as aforesaid and to be signed by or on behalf of the Minister shall be deemed to be such a certificate until the contrary is shown. 6.(1) A person against whom proceedings are brought in respect of a contravention of any order or regulation shall upon complaint duly made by him, and on giving not less than three clear days' notice of his intention, be entitled to have brought before the court in the proceedings any person to whose act or default he alleges that the contravention of the provisions in question was due, and the following provisions of this paragraph shall have effect accordingly. (2) Where, in accordance with sub-paragraph (1), another person has been brought before the court and (a)the contravention of the provisions in question has been proved; and (b)the original defendant proves that the contravention was due to the act or default of that other person; (3) Where (a)another person brought before the court in accordance with sub-paragraph (1) has been convicted of the offence in accordance with sub-paragraph (2); and (b)the original defendant proves that he used all due diligence to secure that the provisions in question were complied with; (4) Where a defendant seeks to avail himself of the foregoing provisions of this paragraph (a)the prosecution, as well as the person whom the defendant charges with the offence, shall have the right to cross-examine him, if he gives evidence, and any witness called by him in support of his pleas, and to call rebutting evidence; (b)the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto. (5) Where it appears to the Minister or, as the case may be, a [district council] that an offence against any provision of an order or regulation has been committed in respect of which proceedings might be taken against some person, and the Minister or the [council] are reasonably satisfied that (a)the offence was due to an act or default of some other person; and (b)the first-mentioned person could establish a defence in accordance with the foregoing provisions of this paragraph; 7. The provisions of this Act which are specified in the first column of the following Table shall, subject to the modifications specified in relation thereto in the second column of that Table, apply for the purposes of the enforcement and execution of any order or regulation. "(4A) Without prejudice to sub-section (4) a sampling officer (a)may take a sample of milk while at any dairy, or while deposited for collection, or at any time before it is delivered to a consumer in pursuance of a sale by retail; (b)may, at the request of a person to whom any food or substance is, or is to be, delivered in pursuance of a contract of sale, take a sample of that food or substance in the course of delivery, or at the place of delivery."; "(5) Except as provided by sub-section (4A), or with the consent of the purchaser, a sampling officer shall not take a sample of any food or substance which appears to him to have been sold by retail, either while the food or substance is in the course of delivery to the purchaser, or at any time after such delivery; and nothing in this section shall authorise a sampling officer to take a sample of any food or substance in a ship (not being a home-going ship within the meaning of the Food and Drugs Act, 1955) or in any aircraft, other than food imported as part of the cargo of that ship or aircraft.". (7): "(1A) An authorised officer of a [district council] shall, on producing if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any ship or aircraft for the purpose of ascertaining whether there is in the ship or aircraft any food imported as a part of the cargo in contravention of the provisions of regulations made under Part I of the Food and Drugs Act, 1955, and applying to Northern Ireland, being provisions which the [district council] are required or empowered to enforce.". "(2) Sub-sections (3) to (5) of section forty-one shall apply in relation to any ship, aircraft, vehicle, stall or place which may be entered under the powers conferred by sub-sections (1) and (1A) of this section, and as if any reference to the occupier of premises were a reference to the master, commander or other person in charge of the ship, aircraft, vehicle, stall or place.". Third and Fourth Schedules rep. by SLR 1973 1954 c.33
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