Section-11 Procedure to be followed by Food Inspectors
Section-11 Procedure to be followed by Food Inspectors. –
(1) When a Food Inspector takes a sample of food for analysis, he shall-
(a) Give notice in writing then and there of his intention to have it so analyzed to the person from whom he has taken the sample and to the person, if any whose name, address and other particulars have been disclosed Sec. 14-A:
(b) Except in special cases provided by rules under this Act, divide the sample then and there into three part and mark and seal or fasten up each part in such a manner as its nature permits and take the signature or thumb impression of the person from whom the sample has been taken in such place and in such manner as maybe prescribed:
Provided that where such person refuses to sign or put his thumb impression the Food Inspector shall call upon one or more witnesses and take his or their signature or thumb impressions, as the case may be, in lieu of the signature or thumb impression of such person;
(C)(i) Send one of the parts for analysis to the public analyst under Intimation to the Local (Health) Authority: and
(ii) Send the remaining two parts to the Local (Health) Authority for the purposes of sub-section (2) of this section of sub-Sections (2-A) and (2-F,) of Sec.13.
(2) Where the part of the sample sent to the public analyst under sub- clause (i) of Cl. (c) of’ sub-section (1) is lost or damaged, the Local (Health) Authority shall, on a requisition made to it by the public analyst or the Food Inspector dispatch one of the parts of the sample sent to it under sub- clause (ii) of the said C1. (C) To the public analyst for analysis.]
(3) When a sample of any article of food 1[or adulterant] is taken under sub- section (1) or sub-section (2) of Sec. 10. 2[the Food Inspector shall, by the immediately succeeding working day, send a sample of the article of food or adulterant or both, as the may be,] in accordance with the rules prescribed for shambling to the public analyst for the local area concerned.
3[(4) An article of food seized under- sub-section (4) of See, 10,’Unless destroyed under sub-section (4-A) of that section, and any adulterant seized under sub-sections (6) of’ the section, shall be produced before a Magistrate as soon as possible and in any case not later than seven days after the receipt of the report of the public analyst].
Provided 4[* * *] that if an application is made to the Magistrate in this behalf by the person from whom any article of food has been seized, the Magistrate shall , by order in writing direct the Food Inspector to produce such article before him within such time as may be specified in
5[(5) If it appears to the Magistrate on taking such evidence as he may deem necessary-
(a) That the article of food produced before him under sub- section (4) is adulterated or misbranded he may order it-
(i) To be forfeited to’ the Central Government, the State Government or the local authority, as the case may be , or
(ii) To be destroyed at the cost of the owner or the person from whom it was seized so as to prevent its being used as human food; or
(iii) (iii) To be so disposed of’ as to prevent its being again exposed for sale or used for food under its deceptive name; or
(iv) To be returned to the owner, on his executing a bond with or without sureties, for being sold under its appropriate name or, where the Magistrate is satisfied that the article of food is capable of being made to conform to prescribed standards for human consumption after reprocessing, for being sold after reprocessing under the supervision of such officer as may be specified in the order;
(b) That the adulterant seized under sub-section (6) of Sec. 10 and produced before him is apparently of a kind which may be employed for purposes of adulteration and for the possession of which the manufacturer, distributor or dealer, as the case may be, is unable to account satisfactorily, he may order it to be forfeited to the Central Government, the State Government or the local authority, as the case may be.]
(6) (6) 6[If it appears Io the Magistrate that- any such-
(a) Article of food is not adulterated: or
(b) Adulterant which is purported to be an adulterant is not an adulterant, The person from whose possession the article of food or adulterant was taken] shall be entitled to have it restored to him and it shall be in the discretion of the Magistrate to award such person from such fund as the State Government may direct in this behalf, such compensation not exceeding the actual loss which he has sustained as the Magistrate may think proper.
STATE AMENDMENT
Maharashtra. – In Sec.11 of the principal Act in sub-section (5), in Cl. (a) for the words “local authority”. the words “State Government” shall be substituted. 7
1. Ins. by Act 34 of 1976, Sec.9 (w.e.f. Ist April 1976).
2. Subs. by ibid., (w.e.f.) Ist April, 1976) .
3. Subs. by ibid., Sec. 9 (w.e.f. Ist April. 1976), for sub –section (4)and first proviso.
4. The word “further’’ omitted by ibid., Act 34 of 1976. Sec 9 (w.e.f. Ist April , 1976).
5. Subs. by ibid., for the sub- section (5).
6. Subs. by Act 34 of 1976. Sec. 9. for certain words.
7. Vide Maharashtra Act, 1975 (L of 1975) ‘ published in the Maharashtra Government Gazette. Pt. IV, dated 16th’October. 1975 (‘W.e.f. 11th April, 1977).
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