Section 4

enter any premises which he believes to be food premises and examine any food found therein and take samples of such food, and examine anything that he believes is used or capable of being used for the preparation, preservation, packaging, storage, conveyance, distribution or sale of the food;

stop, search or detain any aircraft, ship or vehicle in which he believes on reasonable grounds that any food to which this Act applies is being conveyed and examine any such food and take samples thereof for the purposes of this Act, except an aircraft, ship or vehicle making an international voyage in respect of which the International Health

Regulations apply;

open and examine any package which he believes contains any food to which this Act applies;

examine any books, documents or other records found in any food premises that he believes contain any information relevant to the enforcement of this Act with respect to any food to which this Act applies and make copies thereof or take extracts therefrom;

demand the production of the National Registration

Identity Card, the Business Registration Certificate or any other relevant document which the authorized officer may require;

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seize and detain for such time as may be necessary any food or appliance by means of or in relation to which he believes any provision of this Act has been contravened;

or

mark, seal or otherwise secure, weigh, count or measure any food or appliance, the preparation, preservation, packaging, storage, conveyance, distribution or sale of which is or appears to be contrary to this Act.

In the course of the exercise of his powers under subsection (1) an authorized officer may examine orally the owner, occupier or person in charge of the food premises, or any person found in the food premises, whom he believes to be acquainted with the facts and circumstances of any matter under this Act.

A person examined under subsection (1A) shall be legally bound to answer truthfully all questions put to him:

Provided that a person examined under this subsection may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

An authorized officer examining a person under subsection (1A) shall first inform that person of the provisions of subsection (1B).

A statement made by a person under subsections (1A)

and (1B) shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any correction he may wish.

Any statement made and recorded under this section shall be admissible as evidence in any proceedings in Court.

An authorized officer acting under this section shall, if so required, produce his Certificate of Authorization.

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Any owner, occupier or person in charge of any food premises entered by any authorized officer pursuant to paragraph (1)(a), or any person found therein, who does not give to the authorized officer all reasonable assistance in his power or furnish him with all the information as he may reasonably require, commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.

Any person who obstructs or impedes any authorized officer in the course of his duty or prevents or attempts to prevent the execution by the authorized officer of his duty commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.

An authorized officer may arrest without warrant any person whom he has reason to believe to have committed an offence under this Act or any regulation made thereunder if the person fails to furnish his name and address or there are reasonable grounds for believing that he has furnished a false name or address or that he is likely to abscond:

Provided that when any person has been arrested as aforesaid he shall thereafter be dealt with as provided by the Criminal

Procedure Code [Act 593].

Any person who knowingly makes any false or misleading statement either verbally or in writing to any authorized officer engaged in carrying out his duty commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.

An authorized officer shall release any food seized by him when he is satisfied that all the provisions of the Act with respect to it have been complied.

Where an authorized officer has seized any food and the owner or the person in whose possession the food was at the time of seizure consents in writing to its destruction, the food may be destroyed or otherwise disposed of as the authorized officer may direct and if the owner or the person does not consent to the destruction of the food,

Food 15

the authorized officer may apply to a court for the destruction or disposal of the food or any appliance and the court may make an order as it may deem fit, notwithstanding that the owner or the person has not been convicted of any offence in connection with the food.

Where an authorized officer has seized any food which is perishable in nature and the owner or the person in whose possession the food was at the time of seizure does not consent in writing to its destruction, the responsibility for proper storage of such food so as to prevent it from deterioration, spoilage, damage or theft, pending judgment by the court, lies with the owner or such person.

Where any food or appliance has been seized and detained under paragraph (1)(f) and the owner thereof has been convicted of an offence the food or appliance may be destroyed or otherwise disposed of as the court may direct.

Notwithstanding any other provisions of this section an authorized officer may destroy any food wherever found which is decayed, putrefied or injurious to health or food the importation of which is prohibited or food which is surrendered by the owner for destruction on payment by him of reasonable charges.

Any person who removes, alters or interferes in any way with any food seized or sealed under this Act without the authority of an authorized officer commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.

Any food seized may at the option of an authorized officer be kept or stored in the premises where it was seized or may at the direction of an authorized officer be removed to any other proper place.

An authorized officer may submit any food seized by him or any sample from it or any other sample taken by him to any approved laboratory for analysis or examination.

(Deleted by Act A1117).

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Power to take sample