Prosecutions

(1) Subject to this Act, all offences under this Act and regulations and by-laws made thereunder may be prosecuted under the Summary Jurisdiction (Offences) Act and Summary Jurisdiction (Procedure) Act. (2) Where a sample has been procured under this Act, no prosecution in respect of the article sampled shall be commenced after the expiration of sixty days from the time when the sample was procured unless the magistrate before whom the information is laid, on being satisfied on oath that having regard to the circumstances of the particular case it was not practicable to lay the information at an earlier date, gives a certificate to that effect, and in no case shall the prosecution be commenced after the expiration of ninety days from the said time. (3) The time within which a prosecution may be commenced under section 46, in respect of the giving of a false warranty shall be twelve months instead of six months. (4) Subject to sub-sections (5) and (6), where a sample has been procured under this Act, any proceedings in respect of the article sampled shall be taken before a court having jurisdiction in the place where the sample was procured. (5) Where a sample procured within one area is for the purposes of this Act deemed to have been procured within another area, proceedings may, at the option of the prosecutor, be taken either before a court having jurisdiction within the area within which the sample was procured, or before a court having jurisdiction within the area within which it is deemed to have been procured. (6) Where the article sampled was sold and actually delivered to the purchaser, proceedings may, if the prosecutor 57 so elects, be taken before a court having jurisdiction at the place of delivery. (7) In any proceedings under this Act in respect of an article sampled, the summons shall not be made returnable less than fourteen days from the day on which it is served, and a copy of any certificate of analysis obtained on behalf of the prosecutor, and of any certificate given by a magistrate under sub-section (2), shall be served with the summons. (8) In any proceedings under this Act, 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.