Health Act 1947

Giving and taking of samples, etc.

58

58.(1) Regulations under this Part of this Act may—

(a) provide for the giving and the taking (without payment) of samples of food or materials or articles used or intended for use in the preparation or manufacture of food or of articles which are bye-products of the manufacture of food,

(b) provide for the carrying out of tests, examinations and analyses of such samples,

(c) prescribe the classes of persons to be responsible for the carrying out of such tests, examinations and analyses of such samples,

(d) prescribe the means by and the manner in which the test, examination or analysis is to be made,

(e) prescribe the certificate or other evidence to be given of the result of any test, examination or analysis and the classes of persons by and to whom such certificate or evidence is to be given,

(f) provide that any certificate or other evidence prescribed under paragraph (e) of this subsection and given in respect of the test, examination or analysis of a sample shall as respects that sample be evidence for all purposes of the result of such test.

(2) Whenever regulations made under subsection (1) of this section provide that any particular certificate or other evidence shall be evidence for all purposes of the result of a test, examination or analysis of a sample, such certificate or other evidence shall, as respects those samples, be accepted by all Courts of Justice as evidence of the result of such test and shall also be accepted by all Courts of Justice as evidence that such test was carried out under and in accordance with the regulations.

Annotations

Editorial Notes:

E1057

Power pursuant to section exercised (1.05.1989) by Food Hygiene (Amendment) Regulations 1989 (S.I. No. 62 of 1989), in effect as per reg. 1(2).

E1058

Power pursuant to section exercised (6.12.1971) by Food Hygiene (Amendment) Regulations 1971 (S.I. No. 322 of 1971), in effect as per reg. 3.

E1059

Previous affecting provision: power pursuant to section exercised (1.07.1974) by Health (Preservatives in Food) Regulations 1973 (S.I. No. 147 of 1973), in effect as per reg. 2; revoked (1.10.1981) by Health (Preservatives in Food) Regulations 1981 (S.I. No. 337 of 1981), reg. 3, in effect as per reg. 2.

E1060

Previous affecting provision: power pursuant to section exercised (1.09.1972) by Health (Preservatives in Food) Regulations 1972 (S.I. No. 43 of 1972), in effect as per reg. 2; revoked (1.07.1974) by Health (Preservatives in Food) Regulations 1973 (S.I. No. 147 of 1973), reg. 3, in effect as per reg. 2.

E1061

Previous affecting provision: power pursuant to section exercised (23.03.1970) by Health (Sampling of Food) Regulations 1970 (S.I. No. 50 of 1970), in effect as per reg. 2; revoked (31.12.1991) by Health (Official Control of Food) Regulations 1991 (S.I. No. 332 of 1991), reg. 22, in effect as per reg. 2.