FOOD STORAGE AND PREVENTION OF INFESTATION ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Appointment of officers

   4   Powers and duties of inspectors

   5   Minister may prescribe articles

   6   Powers of Minister in case of failure to comply with directions

   7   Obligation to give notice of infestation

   8   Power of Minister to make regulations

   9   Offences

   10   Appeals

 

THE FOOD STORAGE AND PREVENTION OF INFESTATION ACT

[Date of Commencement: 13th March, 1958]

Law 22 of 1958.

Act 40 of 1973.

1   Short title

   This Act may be cited as the Food Storage and Prevention of Infestation Act.

2   Interpretation

   In this Act-

[40/1973 s 3.]

   "analyst" means an analyst appointed pursuant to section 3;

   "article to which this Act applies" includes-

   (a)   any food; and

   (b)   anything used for the manufacture, preparation, packing, storing or keeping of any such food;

   "container" includes sacks, boxes, tins and other similar articles;

   "food" includes any substance ordinarily used in the composition or preparation of food, the seeds of any cereal or vegetable, and any feeding stuffs for animals, but does not include growing crops;

   "infestation" means the presence of rodents, insects, mites or fungi in numbers or under conditions which involve an immediate or potential risk of loss of or damage to food;

[40/1973 s 3.]

   "inspector" means an inspector appointed under section 3;

   "manufacture" includes processing;

   "the Minister" means the Minister responsible for trade;

   "place" includes premises;

[40/1973 s 3.]

   "poisoning" includes contamination;

[40/1973 s 3.]

   "prescribed article" means any article declared by the Minister by order made pursuant to section 5 to be a prescribed article for the purposes of this Act;

[40/1973 s 3.]

   "vehicle" includes any vessel or aircraft.

[40/1973 s 3.]

3   Appointment of officers

   (1) The Governor-General may from time to time appoint such officers, including inspectors and analysts as appear to him to be necessary or expedient for the purposes of this Act, and in relation to every inspector, shall in the instrument of appointment specify the powers exercisable by him pursuant to section 4 and 5.

[40/1973 s 3.]

   (2) There shall be defrayed out of sums provided for the purpose in the annual Estimates of Revenue and Expenditure of the Island all expenses properly incurred in the administration of this Act.

4   Powers and duties of inspectors

   (1) An inspector, if so authorised by virtue of section 3, may at any reasonable time-

[40/1973 s 3.]

   (a)   enter any place where he reasonably believes that any article to which this Act applies is kept for sale, stored or manufactured, or any vehicle which he reasonably believes to be used for purpose of transporting any such article, and may examine any such article found therein or thereon, and take samples thereof free of charge, and may examine such place or vehicle or anything which he reasonably believes to be used or capable of being used for the keeping, storing, manufacturing or transporting of such article;

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   (b)   open and examine any container that he reasonably believes contains any article to which this Act applies;

   (c)   inspect or tag in accordance with this Act any article of food kept for sale, stored or manufactured:

[40/1973 s 3.]

   (d)   seize and detain any article to which this Act applies by means of or in relation to which he reasonably believes any provision of this Act or of any regulations made thereunder has been contravened;

[40/1973 s 3.]

   (e)   condemn, destroy or otherwise dispose of any article seized and detained pursuant to paragraph (d);

[40/1973 s 3.]

   (f)   prohibit the sale or transportation of any article of food which appears to him to be infested;

   (g)   give to the owner or person in charge of a place or vehicle entered pursuant to this subsection or to the owner or person in possession of any article to which this Act applies which is infested or liable to infestation, such directions as he considers necessary or expedient for preventing or mitigating infestation;

[40/1973 s 3.]

   (h)   with the consent of and on such terms as may be agreed with the owner or person in possession of any article to which this Act applies which is infested or liable to infestation, take such steps as he considers necessary for preventing or mitigating infestation in relation to such article and in respect of any steps so taken may charge and recover from such owner or person the amount of any expenses reasonably incurred;

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