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Division of, and dealings with, samples

Cap. 291, s. 36 · Revised Edition 2020

(1) A person purchasing a sample of any food or drug with the intention of submitting it to be analysed by a public analyst, or taking a sample of food on any premises with the intention of submitting it to be so analysed shall, after the purchase has been completed or the sample has been taken, forthwith inform the seller or his agent who sold the sample or, as the case may be, the occupier of the premises or the person for the time being in charge thereof, of his intention to have the sample analysed by the public analyst, and shall then and there divide it into three parts, each part to be marked, and sealed or fastened up, in such manner as its nature will permit, and shall– (a) deliver one part to the seller or his agent or, as the case may be, to the occupier of the premises or the person for the time being in charge thereof; (b) retain one part for future comparison; and (c) if he thinks fit to have an analysis made, submit one part to the public analyst: Provided that, in relation to samples taken in such circumstances as are mentioned in sub-section (2), the foregoing provisions with respect to the giving of information and the manner of dealing with samples shall have effect as modified by that sub-section. (2) A person taking a sample of any food while it is in transit, or at the place of delivery to the purchaser, consignee or consumer shall, if he intends to submit it to be analysed by a public analyst, deal with it in the manner provided by sub- section (1), except that he shall retain the first-mentioned part of the sample unless the name and address of the consignor appear in the container containing the article sampled, in which case he shall forward that part of the sample to the consignor by registered post or otherwise, together with a notice informing that person that he intends to have part of the sample analysed by the public analyst. Schedule II.
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