Power to make regulations generally

(1) Without affecting any other regulation making powers under this Act, the Minister may make regulations for giving effect to the purposes and provisions of this Act, and in particular but without prejudice to the generality of the foregoing, may make regulations– (a) respecting– (i) the labelling and packaging and the offering, exposing and advertising for sale of food or drugs; \ (ii) the size, dimensions, fill and other specifications of packages of food or drugs; (iii) the sale or the condition of sale of any food or drugs; and 66 (iv) the use of any substance as an ingredient in any food or drug, to prevent the consumer or purchaser thereof from being deceived or misled as to its quantity, character, value, composition, merit or safety or to prevent injury to the health of the consumer or purchaser; (b) prescribing standards of strength, potency, purity, quality or other property of any article of food or drug; (c) as regards the importation or exportation of food or drugs, in order to ensure compliance with this Act and the regulations; (d) providing for the issue of licences for the sale, marketing, importation or exportation of food (e) as regards the method of preparation, manufacture, preserving, packing, storing and testing of any food or drug, in the interest of or for the prevention of injury to the health of the consumer or purchaser; (f) requiring persons who sell food or drugs to maintain such books and records as may be prescribed or as the Minister considers necessary for the proper enforcement and administration of this Act and regulations made thereunder; (g) as regards the powers and duties of inspectors made thereunder and analysts and the taking of samples and the seizure, detention, forfeiture and disposition of articles; 67 (h) exempting any food or drug from all or any of the provisions of this Act or regulations made thereunder and prescribing the conditions of the exemption; (i) prescribing forms for the purposes of this Act and regulations made thereunder; (j) providing for the analysis of food and drugs at the request of members of the public, and prescribing a tariff of fees to be paid for the analysis and inspection; (k) providing for the making of special Schedules, of drugs and for the listing or describing of drugs therein and for the conditions under which the drugs shall be sold, including the process or condition of manufacture, storage and distribution, the kind and conditions of the premises wherein drugs are manufactured, stored and distributed, the qualification of technical staff engaged therein, and such other matters as are necessary to ensure that any drug so listed and described will not be unsafe for use; (l) providing for the maintaining of a drug registry of approved drugs and prescribing any fees to be charged with respect to each application for approval; (m) adding anything to any of the Schedules under paragraph (1), in the interest of, or for the prevention of injury to, the health of the consumer or purchaser, or deleting anything therefrom; and (n) prescribing anything authorized or required to be prescribed under this Act. 68 (2) Regulations made under this section may prescribe in respect of any contravention thereof a fine not exceeding fifty thousand dollars or imprisonment for a term not exceeding six months or both. 69 SCHEDULE I FOOD AND DRUGS ACT Diseases of Cows and other Animals and Milk-Borne Diseases [sections 24 (4) and 29 (7)] PART I Diseases of Cows and other Animals 1. Acute mastitis. 2. Actinomycosis of the udder. 3. Suppuration of the udder. 4. Any infection of the udder or teats which is likely to convey disease. 5. Any comatose condition. 6. Any septic condition of the uterus. 7. Anthrax. 8. Foot and mouth disease. PART II Milk-Borne Diseases 1. Enteric fever (including typhoid and paratyphoid fevers). 2. Dysentery. 70 Food and Drugs 3. Diphtheria. 4. Scarlet fever. 5. Acute inflammation of the throat. 6. Gastro-enteritis. 7. Undulant fever. Food and Drugs 71 SCHEDULE II FOOD AND DRUGS ACT Sampling of Milk [sections 37 (1), 45 (2) (c)] 1. Where a sample of milk is procured from a purveyor of milk, he shall, if required to do so by the person by whom or on whose behalf the sample was procured, state the name and address of the seller or consignor from whom he received the milk. 2. Within seventy-two hours after the sample was procured from the purveyor, he may serve on the local authority by whose officer it was pro-cured, or, if it was not procured by an officer of any local authority, on the local authority within whose area it was procured, a notice stating the name and address of the seller or consignor from whom he received the milk and the time and place of delivery to himself of milk from a corresponding milking, and requesting the authority to take immediate steps to procure, as soon as practicable, a sample of milk from a corresponding milking in the course of transit or delivery to himself from the seller or consignor: Provided that, (a) if such a sample has been so procured since the sample in question was procured, or had been so procured within twenty-four hours prior to that sample being procured, it shall not be necessary for the local authority to procure another sample in accordance with the notice; and (b) the purveyor shall have no right to require that such a sample be procured if the milk from 72 Food and Drugs which the sample procured from him was taken was a mixture of milk obtained by him from more than one person. 3. If a purveyor has served on the authority such a notice as afore-said and the local authority has, in a case not falling within proviso (a) to proceedings under this Act shall be taken against the purveyor in respect of the sample procured from him. 4. Any sample so procured in the course of transit or delivery shall be submitted for analysis to the analyst to whom the sample procured from the purveyor is or was submitted. 5. If proceedings are taken against the purveyor, a copy of the certificate of the result of the analysis of every sample so procured in the course of transit or delivery shall be furnished to him, and every such certificate and copy shall, subject to the provisions of section 42 of this Act, be admissible as evidence on any question whether the milk sold by the purveyor was sold in the same state as it was in when he purchased it. 6. The local authority by whose officer, or within whose area, the first-mentioned sample was procured may, instead of, or in addition to, taking proceedings against the purveyor, take proceedings against the seller or consignor. 7. If a sample of milk of cows in any dairy is procured in course of transit or delivery from that dairy, the dairyman may, within seventy-two hours after the sample was procured, serve on the local authority by whose officer the sample was procured, a notice requesting them to take immediate steps to procure as soon as practicable a sample of milk from a corresponding milking of the cows and, thereupon, paragraphs 2 to 5 of this Schedule shall, so far as applicable, apply with any necessary modifications. Provided that the person procuring the sample shall be empowered to take any such steps at the dairy as may be Food and Drugs 73 necessary to satisfy him that the sample is a fair sample of the milk of the cows when properly and fully milked.