Powers of sampling

(1) A sampling officer may exercise such powers of procuring samples of food and drugs for analysis, or for bacteriological or other examination, as are conferred upon him by this section. (2) Subject to sub-section (3), a sampling officer may purchase samples of any food or drug. CAP. 103. (3) Nothing in sub-section (2) shall be construed as authorising any purchase or sale of drugs in contravention of the Misuse of Drugs Act or regulations made thereunder. (4) A sampling officer may take samples of– (a) any butter or cheese, or substances resembling butter or cheese, exposed for sale and not marked in the manner in which margarine, milk-blended butter or margarine-cheese is required to be marked under this Act; (b) any food, or substance capable of being used in the preparation of food, found on premises which he has entered in the execution of his duties under this Act. (5) A sampling officer may take samples of milk at any dairy, or at any time while it is in transit, or at the place of delivery to the purchaser, consignee or consumer. (6) Where milk sold or exposed for sale within the area of any local authority is obtained from a dairy situate outside that area, the medical officer of health or any other authorised officer may by notice in writing to the medical officer of health or other authorised officer within whose area the dairy is situate, or through whose area the milk passes in transit, request him to procure samples of the milk at that dairy, or while it is in transit, and it shall be the duty of the medical officer of health or other authorised officer who receives such a notice to procure, as soon as is practicable, samples of the milk in question and to forward those samples to the officer who gave the notice, or to such person as the first-mentioned medical officer of health or other authorised officer may direct and, for the purposes of this Act, samples so procured shall be deemed to have been procured within the area for which the first-mentioned officer acts. (7) Any power of an authorised officer in respect of procuring samples of milk may be exercised at a place outside the area of the local authority whose officer he is, if the local authority of that area within which that place is situate has consented to samples of milk being procured within its area by authorised officers of the first-mentioned local authority and, for the purposes of this Act, any samples so procured shall be deemed to have been procured within the area for which the authorised officer in question acts. (8) A local authority shall not unreasonably withhold consent for the purposes of sub-section (7), and any question whether or not consent is unreasonably withheld shall be referred to and determined by the Minister. (9) Subject to sub-section (10), a sampling officer may, at the request or with the consent of the purchaser, consignee or consumer, take at the place of delivery samples of any food delivered, or about to be delivered, to the purchaser, consignee or consumer in pursuance of a contract for the sale thereof to him. (10) Sub-section (9) shall not apply in relation to milk. 51 (11) If a sampling officer has reason to believe that any container forwarded by a public conveyance contains margarine, margarine-cheese or milk-blended butter which is not consigned in accordance with this Act, he may examine and take samples of the contents of that container.