Food And Drugs Act (Gibraltar)

Food And Drugs Act

Published: 1964-08-21

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Food and Drugs

1964-07

FOOD AND DRUGS ACT

Principal Act

Act. No. 1964-07 Commencement 21.8.1964

Assent 15.5.1964

Amending

enactments

Relevant current

provisions

Commencement

date

Order of 25.11.1969 ss.6(1) and (2), 8(1), 13(1),

15(4) 23(1) and (3), 27 and 58

Regs of 28.5.1970 ss.2(1), 10(1), 12(1), 13(3),

14(1) and (2), 15(1), 16(2) and

4, 17, 20(2), 21, 24,(1), 30, 31,

32(1), (3) and (4), 33, 34(1),

35(3), 36(4), 39, 40, 41(1),

42(1), 50(3), 53, 55, 56(1), 59-

63 and Sch.2

Acts.1972-05 ss.16(4), 43(1) and (3)

1976-22 ss.2(1), 15(1) and Sch. 6

1978-16 ss.18 and 18A

1984-07 ss. 2(1), 6(1), 16(4), 18(1),

18A(1) & (3), 21(1), 23(1) &

(2), 24(1), 25(4), 26(2), (5) &

(8), 27, 29, 41, 43(1) & (3), 44,,

44A, 46, 58, 58A and Sch. 2

1.7.1984

1987-34 ss. 2, 15, 16, 17, 18A, 20, 21 and

31(2)

1.2.1988

1997-25 ss. 2, 18A and 20 21.8.1997

2007-17 ss. 6(1) & (2), 8(1), 13(1), 15(4),

18(2), 18A(2), 23(1) & (3),

58(h), 58A(1) & (2)

14.6.2007

English Source:

Food and Drugs Act 1955 (4 & 5 Eliz. 2 c.16)

Food and Drugs

1964-07

ARRANGEMENT OF SECTIONS.

Section

1. Short title.

2. Interpretation.

PART I.

GENERAL PROVISIONS AS TO FOOD AND DRUGS.

Composition and labelling of food and drugs.

3. Offences in connection with preparation and sale of injurious foods and

adulterated drugs.

4. General protection for purchasers of food and drugs.

5. Defences available in proceedings under section 4.

6. Regulations as to composition of food, etc.

7. False labelling or advertisement of food or drug.

8. Regulations as to labelling and description of food.

food unfit for human consumption.

9. Punishment for sale, etc., of food unfit for human consumption.

l0. Examination and seizure of suspected food.

11. Food offered as prizes, etc.

12. Power to examine food in course of transit.

Hygiene in connection with sale, etc., of food to the public.

13. Regulations as to food hygiene.

14. Power of court to disqualify caterer.

Registration of premises in connection with sale of food.

15. Registration of certain premises.

16. Applications for registration.

17. Refusal or cancellation of registration.

Special provisions as to sale, etc., of particular foods.

18. Sale of ice-cream from stalls, etc.

18A. Prevention of spread of disease by ice-cream.

19. Sale of horseflesh.

Food poisoning.

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1964-07

20. Cases of food poisoning to be notified.

21. Inspection and control of infected food.

PART II.

MILK, DAIRIES AND CREAM SUBSTITUTES.

Milk and Dairies.

22. Meaning of “dairy”, “dairy farm”, etc.

23. Milk and Dairies Regulations.

24. Registration of dairymen and dairies and licensing of dairy farms and

dairy farmers.

25. Prohibition of sale of milk from diseased cows and goats.

26. Adulteration, etc., of milk.

27. Presumptive evidence of adulteration of milk.

Cream substitutes.

28. Misuse of designation “cream” in relation to cream substitutes.

29. Extension to reconstituted cream of provisions relating to cream.

PART III.

ADMINISTRATION, ENFORCEMENT AND

LEGAL PROCEEDINGS.

Administration.

30. Authorities responsible for enforcement.

31. Meaning of “authorized officer”.

Sampling and analysis.

32. Public analyst.

33. Facilities for examination of food and drugs.

34. Powers of sampling.

35. Right to have samples analyzed.

36. Provisions as to sample taken for analysis.

37. Special defence in proceedings relating to milk.

38. Provision as to case in which division of sample into parts is

impracticable.

39. Examination of food not for sale.

40. Reports by public analyst.

Enforcement.

41. Power to enter premises.

42. Power to enter ships, aircraft, vehicles, etc.

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1964-07

43. Persons obstructing execution of Act.

Legal proceedings.

44. Punishment of offences.

45. Offences by corporations.

46. Prosecutions.

47. Evidence of analysis.

48. Presumptions.

49. Power of court to require analysis by Government Chemist in United

Kingdom.

50. Contravention due to default of some other person.

51. Conditions under which warranty may be pleaded as defence.

52. Offences in relation to warranties and certificate of analysis.

Appeals.

53. Appeals to the magistrates’ court.

54. Further appeal to Supreme Court.

55. Effect of court’s decision.

56. Right to carry on business pending appeal.

Compensation.

57. Disputes as to compensation under Part I.

PART IV.

MISCELLANEOUS AND GENERAL.

58. Regulations, orders, etc.

59. Expenses.

60. Application of fines.

61. Protection for officers acting in good faith.

62. Incorporation of certain provisions of Public Health Act.

63. Temporary continuance of licence or registration on death.

SCHEDULE 1.

Diseases to which section 18(3) applies.

SCHEDULE 2.

Refusal and cancellation of registration of dairymen and dairies.

SCHEDULE 3.

Diseases of cows or goats to which section 25 applies.

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1964-07

SCHEDULE 4.

Form of certificate to be given by the public analyst in

pursuance of section 35.

SCHEDULE 5.

Sampling.

SCHEDULE 6.

Food not to be regarded as open food.

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AN ACT TO CONSOLIDATE THE LAW RELATING TO FOOD AND

DRUGS AND FOR PURPOSES CONNECTED THEREWITH.

Short title.

1. This Act may be cited as the Food and Drugs Act.

Interpretation.

2. (1) In this Act, unless the context otherwise requires,–

“advertisement” includes any notice, circular, label, wrapper, invoice or

other document, and any public announcement made orally or by

any means of producing or transmitting light or sound;

“analysis” includes micro-biological assay but no other form of biological

assay;

“animal” does not include bird or fish;

“article” does not include a live animal or bird;

“authorized officer” has the meaning assigned to it by section 31;

“business” includes the undertaking of a canteen, club, school, hospital or

institution, whether carried on for profit or not;

“catering premises” means premises where, in the course of a business,

food is prepared and supplied for immediate consumption;

“cheese” means the substance usually known as cheese, containing no fat

other than fat derived from milk;

“Community” means the European Economic Community”;

“container” includes any basket, pail, tray, package or receptacle of any

kind, whether open or closed;

“cream” means that part of milk rich in fat which has been separated by

skimming or otherwise;

“dairy”, “dairy farm”, “dairy farmer” and “dairyman” have the meanings

assigned to them by section 22;

“drug” includes medicine for internal or external use;

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“food” includes drink, chewing gum and other products of a like nature

and use, and articles and substances used as ingredients in the

preparation of food or drink or of such products, but does not

include–

(a) water, live animals or birds,

(b) fodder or feeding stuffs for animals, birds or fish, or

“functions” includes powers and duties;

“human consumption” includes use in the preparation of food for human

consumption;

“ice-cream” includes any similar commodity;

“importer”, in relation to an imported article, includes any person who,

whether as owner, consignor, consignee, agent or broker, is in

possession of an article or in any way entitled to the custody or

control of it;

“milk” means the mammary secretion obtained from cows or goats and

includes cream and separated milk, but does not include dried milk

or condensed milk;

“officer” includes servant;

“open food” means food which is not in a container of such materials and

so closed as to exclude the risk of contamination but does not

include any food mentioned in column 1 of Schedule 6 which has

been wrapped in the manner described in column 2 thereof;

“premises” means a building or part of a building, and any forecourt, yard

or place of storage used in connection with a building or part of a

building, and includes, in relation to dairies and dairy farms, and the

trade of dairyman or dairy farmer, any land other than buildings;

“preparation”, in relation to food, includes manufacture and any form of

treatment, and “preparation for sale” includes packaging;

“public analyst” has the meaning assigned to it by section 32;

“Public Health Director” means the registered medical practitioner

appointed as such by the Gibraltar Health Authority;

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“purveyor”, in relation to milk, includes any person who sells milk,

whether wholesale or by retail;

“sampling officer” has the meaning assigned to it by section 34;

“sanitary convenience” means a water closet, urinal, earth or chemical

closet or similar convenience;

“separated”, in relation to milk, includes skimmed;

“ship” includes any boat or craft;

“shop” includes any premises where any retail trade or business is carried

on;

“substance” includes a liquid;

“transit” includes all stages of transit from the dairy, place of manufacture

or other source of origin, to the consumer;

“vessel” includes a receptacle of any kind, whether open or closed.

(2) For the purposes of this Act–

(a) the supply of food, otherwise than by sale, at, in or from any place

where food is supplied in the course of a business shall be deemed

to be a sale of that food, and references to purchasing and

purchasers shall be construed accordingly; and .

(b) where in connection with any business in the course of which food

is supplied the place where food is served to the customer is

different from the place where the food is consumed, both those

places shall be deemed to be places in which food is sold.

PART I.

GENERAL PROVISIONS AS TO FOOD AND DRUGS.

Composition and labelling of food and drugs.

Offences in connection with preparation and sale of injurious foods and

adulterated drugs.

3. (1) No person shall add any substance to food, use any substance as an

ingredient in the preparation of food, abstract any constituent from food, or

subject food to any other process or treatment, so as (in any such case) to

render the food injurious to health, with intent that the food shall be sold for

human consumption in that state.

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1964-07

(2) No person shall add any substance to, or abstract any constituent

from, a drug so as to affect injuriously the quality, constitution or potency of

the drug, with intent that the drug shall be sold in that state.

(3) Subject to the provisions of this section, no person shall–

(a) sell for human consumption, offer, expose or advertise for sale for

human consumption, or have in his possession for the purpose of

such sale, any food rendered injurious to health by means of any

operation described in subsection (1); or

(b) sell, offer, expose or advertise for sale, or have in his possession for

the purpose of sale, any drug injuriously affected in its quality,

constitution or potency by means of any operation described in

subsection (2).

(4) A person who contravenes any of the foregoing provisions of this

section is guilty of an offence.

(5) In determining for the purposes of this Act whether an article of food

is injurious to health, regard shall be had not only to the probable effect of

that article on the health of a person consuming it, but also to the probable

cumulative effect of articles of substantially the same composition on the

health of a person consuming such articles in ordinary quantities.

(6) In proceedings under this section for an offence consisting of the

advertisement for sale of any food or drug, it shall be a defence for the

person charged to prove that, being a person whose business it is to publish,

or arrange for the publication of, advertisements, he received the

advertisement for publication in the ordinary course of business.

General protection for purchasers of food and drugs.

4. (1) A person who sells to the prejudice of the purchaser any food or drug

which is not of the nature, or not of the substance, or not of the quality, of

the food or drug demanded by the purchaser, is, subject to the provisions of

section 5, guilty of an offence.

(2) In proceedings under this section it shall not be a defence to allege

that the purchaser bought for analysis or examination and therefore was not

prejudiced.

(3) In this section, except so far as it relates to drugs, the reference to

sale shall be construed as a reference to sale for human consumption.

Defences available in proceedings under section 4.

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1964-07

5. (1) In proceedings under section 4 for an offence consisting of the sale of

food to which any substance has been added, or in the preparation of which

any substance has been used as an ingredient, or from which any constituent

has been abstracted, or which has been subjected to any other process or

treatment, other than food thereby rendered injurious to health, it shall be a

defence for the person charged to prove that the operation in question was

not carried out fraudulently, and that the article was sold having attached

thereto a notice of adequate size, distinctly and legibly printed and

conspicuously visible, stating explicitly the nature of the operation, or was

sold in a wrapper or container displaying such a notice.

(2) The provisions of subsection (1) shall apply in relation to proceedings

for an offence consisting of the sale of a drug to which any substance has

been added, or from which any constituent has been abstracted, other than a

drug thereby injuriously affected in its quality, constitution or potency, as

they apply in relation to any such offence as is therein mentioned.

(3) In proceedings under section 4 in respect of any food or drug

containing some extraneous matter, it shall be a defence for the defendant to

prove that the presence of that matter was an unavoidable consequence of

the process of collection or preparation.

(4) In proceedings under section 4 in respect of diluted whisky, brandy,

rum or gin, it shall be a defence for the defendant to prove that the spirit in

question had been diluted with water only and that its strength was still not

lower than thirty-five degrees under proof.

Regulations as to composition of food, etc.

6. (1) The Government may, so far as appears to him to be necessary or

expedient in the interests of the public health, or to be called for by any

Community obligation or otherwise for the protection of the public, make

regulations for any of the following purposes:–

(a) for requiring, prohibiting or regulating the addition of any specified

substance, or any substance of any specified class, to food intended

for sale for human consumption or any class of such food, or the

use of any such substance as an ingredient in the preparation of such

food, and generally for regulating the composition of such food;

(b) for requiring, prohibiting or regulating the use of any process or

treatment in the preparation of any food intended for sale for human

consumption, or any class of such food:

exposure for sale, consignment, or delivery, of food which does not

comply with any of the regulations, or in relation to which an

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1964-07

offence against the regulations has been committed or would have

been committed if any relevant act or omission had taken place in

Gibraltar, or for prohibiting or regulating the importation of any

such food;

(d) for prohibiting or regulating the sale, possession for sale, or offer,

exposure or advertisement for sale, of any specified substance, or of

any substance of any specified class, with a view to its use in the

preparation of food for human consumption, and the possession of

any such substance for use in the preparation of food intended for

sale for human consumption.

(2) in the exercise of his functions under this section the Government

shall have regard to the desirability of restricting, so far as practicable, the

use of substances of no nutritional value as foods or as ingredients of foods.

(3) Regulations made under this section may apply to cream, and to any

food containing milk; but except as aforesaid such regulations shall not apply

to milk.

(4) Regulations so made may provide, in relation to such cases as may be

specified and subject to such exceptions as may be allowed by or under the

regulations, that, where any food is certified by the public analyst as being

food to which the regulations apply so far as they are made under paragraph

(under which food may be seized and destroyed on the order of a justice of

the peace) as being unfit for human consumption:

Provided that nothing in any such regulations shall be taken as prejudicing

the generality of the powers conferred by section 10.

False labelling or advertisement of food or drug.

7. (1) A person who gives with any food or drug sold by him, or displays

with any food or drug exposed by him for sale, a label, whether attached to

or printed on the wrapper or container or not, which–

(a) falsely describes the food or drug; or

(b) is calculated to mislead as to its nature, substance or quality,

is guilty of an offence, unless he proves that he did not know,

and could not with reasonable diligence have ascertained, that

the label was of such a character.

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(2) Subject to subsection (3), a person who publishes, or is a party to the

publication of, an advertisement (not being such a label so given or displayed

by him as aforesaid) which–

(a) falsely describes any food or drug; or

(b) is calculated to mislead as to the nature, substance or quality of

any food or drug, is guilty of an offence; and in any

proceedings under this subsection against the manufacturer,

producer or importer of the food or drug, it shall rest on the

defendant to prove that he did not publish, and was not a party

to the publication of, the advertisement.

(3) In proceedings under subsection (2) it shall be a defence for the

defendant to prove either–

(a) that he did not know, and could not with reasonable diligence

have ascertained, that the advertisement was of such a character

as is described in that subsection; or

(b) that, being a person whose business it is to publish, or arrange

for the publication of, advertisements, he received the

advertisement for publication in the ordinary course of business.

(4) It is hereby declared that, for the purposes of this section, a label or

advertisement which is calculated to mislead as to the nutritional or dietary

value of any food is calculated to mislead as to the quality of the food.

(5) In proceedings for an offence under this section the fact that a label

or advertisement in respect of which the offence is alleged to have been

committed contained an accurate statement of the composition of the food or

drug shall not preclude the court from finding that the offence was

committed.

(6) In this section, except so far as it relates to drugs, references to sale

shall be construed as references to sale for human consumption.

Regulations as to labelling and description of food.

8. (1) Without prejudice to the provisions of section 7 the Government may

make regulations for imposing requirements as to, and otherwise regulating,

the labelling, marking or advertising of food intended for sale for human

consumption, and the descriptions which may be applied to such food.

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(2) Regulations made under this section may make provision for any

purpose authorized by section 6(1)(c) in the case of regulations under that

section.

(3) Regulations made under this section may apply to cream, and to any

food containing milk; but except as aforesaid such regulations shall not apply

to milk.

Food unfit for human consumption.

Punishment for sale, etc., of food unfit for human consumption.

9. (1) Subject to the provisions of this section, a person who–

(a) sells, or offers or exposes for sale, or has in his possession for

the purpose of sale or of preparation for sale; or

(b) deposits with, or consigns to, any person for the purpose of sale

or preparation for sale, any food intended for, but unfit for,

human consumption is guilty of an offence.

(2) Subject as aforesaid, where food in respect of which an offence under

subsection (1)(a) has been committed was sold to the offender by some other

person, that person also is guilty of an offence.

(3) Where a person is charged with an offence under subsection (1)(b),

or under subsection (2), it shall be a defence for him to prove either:–

(a) that he gave notice to the person with whom he deposited or to

whom he consigned or sold, the food in question that it was not

intended for human consumption; or

(b) that, at the time when he delivered or dispatched it to that

person, either it was fit for human consumption or he did not

know, and could not with reasonable diligence have ascertained,

that it was unfit for human consumption.

(4) The justice of the peace before whom any food is brought under

section 10 may, but need not, be a member of the court before which a

person is charged with an offence under this section in relation to that food.

Examination and seizure of suspected food.

10. (1) An authorized officer of the Government may at all reasonable times

examine any food intended for human consumption which has been sold, or

is offered or exposed for sale, or is in the possession of, or has been

deposited with or consigned to, any person for the purpose of sale or of

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preparation for sale, and, if it appears to him to be unfit for human

consumption, may seize it and remove it in order to have it dealt with by a

justice of the peace.

(2) An officer who seizes any food under subsection (1) shall inform the

person in whose possession the food was found of his intention to have it

dealt with by a justice of the peace, and any person who under section 9

might be liable to a prosecution in respect of the food shall, if he attends

before the justice upon the application for its condemnation, be entitled to be

heard and to call witnesses.

(3) If it appears to a justice of the peace that any food brought before

him, whether seized under the provisions of this section or not, is unfit for

human consumption, he shall condemn it and order it to be destroyed or to

be so disposed of as to prevent it from being used for human consumption.

(4) If a justice of the peace refuses to condemn any food seized under

this Part by an authorized officer of the Government, the Government shall

compensate the owner of the food for any depreciation in its value resulting

from its seizure and removal.

Food offered as prizes, etc.

11. (1) Sections 9 and 10 shall apply–

(a) in relation to any food which is intended for human

consumption and is offered as a prize or reward in connection

with any entertainment to which the public are admitted,

whether on payment of money or not, as if the food were, or

had been, exposed for sale by each person concerned in the

organization of the entertainment;

(b) in relation to any food which is intended for human

consumption and is offered as a prize or reward or given away

for the purpose of advertisement, or in furtherance of any trade

or business, as if the food were, or had been, exposed for sale

by the person offering or giving away the food; and

consumption and is exposed or deposited in any premises for

the purpose of being so offered or given away as aforesaid, as

if the food were, or had been exposed for sale by the occupier

of the premises.

(2) In this section the expression “entertainment” includes any social

gathering, amusement, exhibition, performance, game, sport or trial of skill.

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Power to examine food in course of transit.

12. (1) Subject to the provisions of this section, if an authorized officer of

the Government has reason to suspect that any vehicle or container contains

any food which is intended for sale for human consumption, or is in the

course of delivery after sale for human consumption, he may examine the

contents of the vehicle or container, and for that purpose may, if necessary,

detain the vehicle or container; and if the officer finds any food which

appears to him to be intended for, but unfit for, human consumption, he may

deal with it as food falling within subsection (1) of section l0 and subsections

(2) to (4) of that section shall apply accordingly.

(2) Where the duties of a revenue officer with respect to any goods have

not been wholly discharged, nothing in this section shall authorize the

examination of those goods without his consent.

Hygiene in connection with sale, etc., of food to the public.

Regulations as to food hygiene.

13. (1) The Government may make regulations for securing the observance

of sanitary and cleanly conditions and practices in connection with–

(a) the sale of food for human consumption; or

(b) the importation, preparation, transport, storage, handling,

packing, wrapping, exposure for sale, service or delivery of

food intended for sale or sold for human consumption,

or otherwise for the protection of the public health in connection with the

matters aforesaid.

(2) Without prejudice to the generality of subsection (1), regulations

made under this section may make provision–

(a) for imposing requirements as to the construction, layout,

drainage, equipment, maintenance, cleanliness, ventilation,

lighting, water supply and use, of premises in, at or from which

food is sold for human consumption, or offered, exposed,

stored or prepared for sale, for human consumption (including

any parts of such premises in which apparatus and utensils are

cleansed, or in which refuse is disposed of or stored);

(b) for imposing requirements as to the provision, maintenance and

cleanliness of sanitary and washing facilities in connection with

such premises, the disposal of refuse and the maintenance and

cleanliness of apparatus, equipment, furnishings and utensils

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used in such premises and in particular for imposing

requirements that every sanitary convenience situated in such

premises shall be supplied with water through a suitable flushing

appliance;

or of materials of any specified class, in the manufacture of

apparatus or utensils designed for use in the preparation of food

for human consumption, and the sale or importation for sale of

apparatus or utensils designed for such use and containing any

specified materials, or materials of any specified class;

(d) for prohibiting spitting on premises where food is sold for

human consumption, or offered, exposed, stored or prepared

for sale for human consumption (including any parts of such

premises where apparatus and utensils are cleansed);

(e) for imposing requirements as to the clothing worn by persons in

such premises;

(f) for requiring the staining or sterilization in accordance with the

regulations of meat which is unfit for human consumption, or

which is derived from animals slaughtered in knackers’ yards or

from carcasses brought into knackers’ yards, or which, though

not unfit for human consumption, is not intended therefor;

(g) for regulating generally the treatment and disposal of any food

unfit for human consumption.

(3) Regulations under this section may make different provisions in

relation to different classes of business, and, without prejudice to the

foregoing provisions of this section or of section 58, any such regulations

imposing requirements in respect of premises may–

(a) impose on the occupier of the premises and, in the case of

requirements of a structural character, on any owner of the

premises who either lets them for use for a purpose to which

the regulations apply or permits them to be so used after notice

from the Government, responsibility for compliance with those

requirements;

(b) provide, subject to such limitations and safeguards as may be

specified, for conferring, in relation to particular premises,

exemptions from the operation of specified provisions contained

in regulations made for the purposes of paragraph (a) or

paragraph (b) of subsection (2) while there is in force a

certificate of the Government to the effect that compliance with

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those provisions cannot reasonably be required with respect to

the premises or any activities carried on therein.

(4) If any person who has incurred, or is about to incur, expenditure in

securing that the requirements of regulations made under this section, being

requirements of a structural character, are complied with in respect of any

premises owned or occupied by him claims that the whole or any part of the

expenditure ought to be borne by any other person having an interest in the

premises, he may apply to the Court of First Instance 1 , and the court may

make such order concerning the expenditure or its apportionment as appears

to the court, having regard to all the circumstances of the case, including the

terms of any contract between the parties, to be just and equitable; and any

order made under this subsection may direct that any such contract shall

cease to have effect in so far as it is inconsistent with the terms of the order.

(5) Regulations made under this section may impose in respect of

vehicles, stalls and places other than premises, any such requirements as may

be imposed thereunder in respect of premises.

(6) Subject as hereinafter provided, references in this section to food

shall be construed as references to food other than milk:

Provided that–

(a) regulations under this section relating to importation may apply

to milk; and

(b) any regulations under this section may apply to any food

containing milk.

Power of court to disqualify caterer.

14. (1) Where a person is proceeded against by the Government for an

offence against regulations made under section 13 in respect of any premises

used as catering premises or of any business carried on at such premises, the

following provisions of this section shall have effect.

(2) If the person is convicted of the offence and the court thinks it

expedient to do so having regard to the gravity of the offence or (in the case

of an offence committed in respect of premises) to the unsatisfactory nature

of the premises, or having regard to any offences against regulations made

under section 13 of which the person has previously been convicted, the

court may, on the application of the Government, make an order

1 Any reference to the Court of First Instance in any other Act shall be read as if it were a

reference to the Supreme Court. (see Act. 2004-11 s.6.)

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disqualifying that person from using those premises as catering premises for

such period not exceeding two years as may be specified in the order:

Provided that an order under this section shall not be made against any

person unless the Government have, not less than fourteen days before the

date of the hearing, given that person written notice of their intention to

apply for an order to be made against him.

(3) A person subject to an order under this section is guilty of an offence

if, while the order is in force,–

(a) he uses the premises to which the order relates as catering

premises; or

(b) he participates in the management of any business in the course

of which the premises are so used by another arson.

(4) A person so subject may, at any time after the expiration of six

months from the date on which the order came into force and from time to

time thereafter, apply to the court before which he was convicted, or by

which the order was made, to revoke the order, and on any such application

the court may, if it thinks proper having regard to all the circumstances of

the case, including in particular the person’s conduct subsequent to the

conviction and any improvement in the state of the premises to which the

order relates, grant the application.

(5) If an application under subsection (4) is refused by the court to which

it is made, a further application thereunder shall not be entertained if made

within three months after the date of the refusal.

(6) The court to which an application under that subsection is made shall

have power to order the applicant to pay the whole or any part of the costs

of the application. Registration of premises in connection with sale of food.

Registration of certain premises.

15. (1) Subject to the provisions of this section, no premises shall be used–

(a) as catering premises; or

(b) for the sale of meat or fish; or

sale, of bread, confectionery or cakes; or

(d) for the sale, or the manufacture for the purpose of sale, of ice-

cream, or the storage of ice-cream intended for sale; or

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(e) for the preparation or manufacture of sausages or potted,

pressed, pickled or preserved food intended for sale; or

(d) for the sale of any other open food,

unless they are registered under this section for that purpose by the Chief

Environmental Health Officer.

For the purposes of this subsection–

(i) “sale” means sale for human consumption; and

(ii) the preparation of meat or fish by any process of cooking shall

be deemed to be the preservation thereof.

(2) A person who uses any premises in contravention of the provisions of

subsection (1) is guilty of an offence.

(3) Nothing in this Part shall apply so as to require the registration under

this section of premises used wholly or mainly as a school or club and

subsection (1)(d) shall not apply in relation to the sale or storage of ice-

cream at any premises used as a theatre, cinematographic theatre, music hall

or concert hall.

(4) The Government may make regulations extending the application of

this section to premises used for the manufacture, preparation, storage or

sale of such other articles of food as may be specified in such regulations.

Applications for registration.

16. (1) An application for the registration of any premises under section 15

shall specify–

(a) the purpose or purposes for which registration is applied for;

and

(b) all rooms or accommodation in the premises proposed to be

used for those purposes.

(2) The Chief Environmental Health Officer may register the same

premises for more than one purpose for which registration under section 15

is required and may register different parts of the same premises for different

purposes.

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(3) The premises registered under section 15 in pursuance of such an

application as aforesaid shall not include any room or accommodation not

specified in the application.

(4) Upon any change in the occupation of premises registered under

section 15, the incoming occupier shall, if he intends to use them for the

purpose for which they are registered, forthwith give notice of the change to

the Director who shall thereupon make any necessary alteration in the

A person required to give a notice under this subsection who fails to do so, is

guilty of an offence and is liable to a fine of £25.

Refusal or cancellation of registration.

17. (1) If in the case of any premises in respect of which an application is

made for registration under section 15 or which are registered thereunder, it

appears to the Chief Environmental Health Officer –

(a) that the requirements of regulations in force under section 13

are not complied with in connection with the premises or the

business carried on at the premises; or

(b) that the premises or any part of the premises are otherwise

unsuitable (having regard to considerations of hygiene and in

particular to the situation, construction or condition of the

premises, or to any activities carried on therein) for use for the

purpose or purposes specified in the application, or for which

they are used, as the case may be,

the Director may refuse the application or, as the case may be, cancel the

registration of the premises, and shall forthwith give notice to the applicant

or to the occupier of the premises, as the case may be, of his decision in the

matter, giving the reasons for his decision.

(2) A person aggrieved by the decision of the Director under this section

to refuse to register any premises, or to cancel the registration of any

premises, may appeal to the magistrates’ court.

Special provisions as to sale, etc., of particular foods.

Sale of ice-cream from stalls, etc.

18. (1) Every dealer in ice-cream who in a street or other place of public

resort sells or offers or exposes for sale, ice-cream from a stall or vehicle, or

from a container used without a stall or vehicle, shall have his name and

address legibly and conspicuously displayed on the stall, vehicle or container,

as the case may be, and, if he fails to comply with the requirements of this

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section is guilty of an offence and is liable on summary conviction to a fine of

£25 .

(2) The Government may, by notice, direct that, as from such date, not

being less than four weeks from the date of the notice as may be specified

therein and until the notice is revoked, this section shall apply in relation to

all kinds of food, or to any kinds of food specified in the notice as it applies

in relation to ice-cream, and while any such notice is in force this section

shall apply accordingly:

Provided that nothing in this section shall have effect in relation to milk.

Prevention of spread of disease by ice-cream.

18A.(1) Every manufacturer of, or dealer in, ice-cream shall, upon the

occurrence of any disease to which this subsection applies among the persons

living or working in or about the premises on which the ice-cream is

manufactured, stored or sold, forthwith give notice thereof to the Public

Health Director and, if he fails to do so, is guilty of an offence and is liable

on summary conviction to a fine of £25.

(2) Subsection (1) applies to the diseases specified in Schedule 1 and any

other disease which the Government may, by order, declare to be a disease

to which that subsection applies.

(3) If the Public Health Director has reasonable ground for suspecting

that any ice-cream or substance intended for use in the manufacture of ice-

cream, is likely to cause any disease communicable to human beings, he may

give notice to the person in charge thereof that, until further notice, the ice-

cream or substance in question, or any specified portion thereof, is not to be

used for human consumption and either is not to be removed, or is not to be

removed except to some place specified in the notice. A person who uses or

removes any ice-cream or substance in contravention of the requirements of

a notice given under this subsection is guilty of an offence and is liable on

summary conviction to a fine of £1000 .

(4) If on further investigation the Public Health Director is satisfied that

the ice-cream or substance in question may safely be used for human

consumption, he shall forthwith withdraw his notice; but, if he is not so

satisfied, he shall cause, the ice-cream or other substance to be destroyed,

and he shall also cause to be destroyed any other ice- cream or such

substance as aforesaid then on the premises as to which he is not so satisfied.

(5) Where a notice given under subsection (3) is withdrawn by the Public

Health Director or the Public Health Director acting under subsection (4)

causes any ice-cream or other substance to be destroyed, the owner of the

ice-cream or other substance in question shall be compensated for any

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depreciation in its value resulting from the action taken by Public Health

Director, or, as the case may be, for the loss of its value:

Provided that–

(a) no compensation shall be payable in respect of the destruction

of any ice-cream or substance if it is proved that it was likely to

cause any disease communicable to human beings;

(b) no compensation shall in any case be payable–

(i) in respect of any ice-cream or substance manufactured

on, or brought within, any premises while a notice given

under subsection (3) with respect to anything on those

premises was operative, or

(ii) in any case where the owner of the ice-cream or

substance in question has failed to give a notice which he

was required by subsection (1) to give.

For the purposes of this subsection, the value of any ice-cream or other

substance shall not be assessed at a sum exceeding the cost incurred by the

owner in making or purchasing it.

(6) Any person aggrieved by the amount of compensation assessed as

payable under the provisions of subsection (5) may appeal to the Supreme

Court.

Sale of horseflesh.

19. (1) No person shall sell, or offer or expose for sale, or have in his

possession for the purpose of sale, any horseflesh for human consumption

elsewhere than in premises, or in a stall, vehicle or place, over or on which a

notice in legible letters stating that horseflesh is sold there is displayed in a

conspicuous position so as to be visible whenever horseflesh is being sold or

offered or exposed for sale.

(2) No person shall supply horseflesh for human consumption to a

purchaser who has not asked to be supplied with horseflesh, or who has

asked to be supplied with some compound article of food not ordinarily

made of horseflesh.

(3) A person who contravenes any of the provisions of this section is

guilty of an offence.

(4) If any horseflesh is exposed for sale elsewhere than in premises, or in

a stall, vehicle or place, distinguished as aforesaid without anything to show

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that it was not intended for sale for human consumption, the onus of proving

that it was not so intended shall rest upon the person exposing it for sale.

(5) In this section the expression “horseflesh” means the flesh of horses,

asses and mules, and includes any such flesh whether cooked or uncooked

and whether alone, or accompanied by, or mixed with, any other substance,

and the expression “flesh” includes any part of any such animal.

Food poisoning

Cases of food poisoning to be notified.

20. (1) If a registered medical practitioner becomes aware, or suspects, that

a patient whom he is attending is suffering from food poisoning, he shall

forthwith send to the Public Health Director a certificate stating–

(a) the name, age and sex of the patient, and the address of the

premises where the patient is; and

(b) particulars of the food poisoning from which he is, or is

suspected to be, suffering.

(2) The Government shall pay to a registered medical practitioner for

each certificate duly sent by him under the foregoing provisions of this

section a fee of thirteen pence.

Inspection and control of infested food.

21. (1) If the Chief Environmental Health Officer has reasonable ground for

suspecting that any food of which he, or any other officer of the Government

has procured a sample under the provisions of this Act is likely to cause food

poisoning, he may give notice to the person in charge of the food that, until

his investigations are completed, the food, or any specified portion thereof, is

not to be used for human consumption and either is not to be removed, or is

not to be removed except to some place specified in the notice.

A person who uses or removes any food in contravention of the requirements

of a notice given under this subsection is guilty of an offence and is liable to

a fine of £1000.

(2) If, as a result of his investigation, the Director is satisfied that the

food in question, or any portion thereof, is likely to cause food poisoning, he

may deal with it as food falling within subsection (1) of section 10 and

subsections (2) and (3) of that section shall apply accordingly; but, if he is

satisfied that it may safely be used for human consumption, he shall forthwith

withdraw his notice.

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(3) If a notice given under subsection (1) of this section is withdrawn by

the Director or if the justice of the peace before whom any food is brought

under this section refuses to condemn it, the Government shall compensate

the owner of the food to which the notice related for any depreciation in its

value resulting from the action taken by the Director.

PART II.

MILK, DAIRIES AND CREAM SUBSTITUTES.

Milk and Dairies.

Meaning of “dairy”, “dairy farm”, etc.

22. In the following provisions of this Act–

(a) the expression “dairy”–

(i) includes any farm, cowshed, goatshed, milking house,

milk store, milk shop or other premises from which milk

is supplied on or for sale, or in which milk is kept or used

for purposes of sale or for the purposes of manufacture

into butter, cheese, dried milk or condensed milk for sale,

or in which vessels used for the sale of milk are kept; but

(ii) does not include a shop from which milk is supplied only

in the properly closed and unopened vessels in which it is

delivered to the shop, or a shop or other place in which

milk is sold for consumption on the premises only;

(b) the expression “dairy farm”–

(i) means any premises (being a dairy) on which milk is

produced from cows or goats; and

(ii) does not include any part of any such premises on which

milk is manufactured into other products unless the milk

produced on the premises forms a substantial part of the

milk so manufactured;

milk from cows and goats; and

(d) the expression “dairyman” includes an occupier of a dairy, a

cowkeeper, goatkeeper and a purveyor of milk.

Milk and Dairies Regulations.

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23. (1) The Government may make regulations, making provision–

(a) for prohibiting or regulating the importation of cows and goats,

whether for the production of milk for the purposes of sale or

otherwise, and for the inspection of cows and goats on dairy

farms;

(b) for the inspection of dairies, and of persons in or about dairies

who have access to the milk, or to the churns or other milk

vessels;

water supply of dairies;

(d) for securing the cleanliness of churns and other milk vessels and

appliances and for prohibiting, subject to prescribed exceptions,

the use of churns (whether by the persons to whom they belong

or other persons) otherwise than as containers for milk, where

the churns are in use for the purposes of the business of a

dairyman;

(e) for prescribing the precautions to be taken for protecting milk

against infection or contamination;

(f) for preventing danger to health from the sale of infected,

contaminated or dirty milk, and in particular for prohibiting the

supply or sale of milk suspected of being infected;

(g) for imposing obligations on dairymen and their employees in

regard to cases of infectious illness;

(h) for regulating the cooling, storage, conveyance and distribution

of milk;

(i) with respect to the labelling, marking or identification, and the

sealing or closing, of churns and other vessels used for the

conveyance of milk, the labelling of vessels in which milk is sold

or offered or exposed for sale or delivered, and the display of

the vendor’s name and address on any stall, or any cart, barrow

or other vehicle, from which milk is sold or delivered;

(j) in cases where no express provision is made by this Act, for

prohibiting or restricting–

(i) the addition of any substance to milk, or the abstracticm

from milk of fat or any other constituent;

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(ii) the sale of milk to which any such addition, or from

which any such abstraction, has been made, or which has

been otherwise artificially treated;

(k) for prohibiting or restricting, subject to prescribed exceptions,

the sale for human consumption as milk of any specified

description of milk containing less than a specified quantity of

any specified normal constituent;

(l) for requiring, subject to prescribed exceptions, milk or cream to

be subjected to a specified treatment before being sold for

human consumption;

(m) for extending the list of diseases of cows and goats contained

in Schedule 3.

(2) In subsection (1)–

(a) “prescribed exceptions” means such exceptions as may be

allowed by or under regulations made under this Act; and

(b) “milk” means milk intended for sale or sold for human

consumption, or intended for manufacture into products for sale

for human consumption.

(3) Paragraph (l) of subsection (1) so far as it relates to cream, shall be

without prejudice to the power of the Government under section 6 to make

regulations applying to cream, but regulations made under paragraph (i),

paragraph (j) or paragraph (k) of subsection (1) shall not apply in relation to

cream in so far as they are made for any purpose for which regulations

relating to cream may be made under section 6.

Registration of dairymen and dairies and licensing of dairy farms and

dairy farmers.

24. (1) Regulations may provide–

(a) for the registration of persons carrying on, or proposing to

carry on, the trade of a dairyman and for the registration of

dairies, and for prohibiting any person from carrying on that

trade unless he and any premises used by him as a dairy are duly

registered; and

(b) for the licensing by the Government of dairy farms and of

persons carrying on, or proposing to carry on, the trade of a

dairy farmer.

(2) Regulations made for the purposes of this section may make special

provision–

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(a) for the registration of premises used temporarily as dairies or

dairy farms, and of the occupiers of such premises;

(b) for the removal from the register of such premises and

occupiers at the expiration of the period for which the

registration is effected.

(3) Part I of Schedule 2 shall have effect with respect to refusing or

cancelling the registration of dairymen.

(4) Part II of Schedule 2 shall have effect with respect to refusing or

cancelling the registration of dairies.

Prohibition of sale of milk from diseased cows and goats.

25. (1) No person shall–

(a) sell, or offer or expose for sale, for human consumption, or and

goats.

(b) use in the manufacture of products for sale for human

consumption,

the milk of any cow or goat which to his knowledge has given tuberculous

milk, or is suffering from emaciation due to tuberculosis, or from

tuberculosis of the udder or any other disease of cows or goats to which this

section applies.

(2) In proceedings under this section, the defendant shall be deemed to

have known that a cow or goat had given tuberculous milk, or was so

suffering as aforesaid, if he could with ordinary care have ascertained the

fact.

(3) A person who contravenes any of the provisions of this section is

guilty of an offence.

(4) The diseases of cows or goats to which this section applies are those

listed in Schedule 3 and any other disease to which the provisions of this

section are extended by Regulations.

Adulteration, etc., of milk.

26. (1) No person shall add water or colouring matter, or any dried or

condensed milk or liquid reconstituted therefrom, to milk intended for sale

for human consumption.

(2) revoked.

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(3) No person shall sell, or offer or expose for sale, or have in his

possession for the purpose of sale, for human consumption any milk to which

any addition has been made in contravention of the foregoing provisions of

this section.

(4) No person shall sell, or offer or expose for sale, or have in his

possession for the purposes of sale for human consumption any milk which is

a mixture of milk obtained from different species of animals.

(5) No person shall sell, or offer or expose for sale, under the designation

of milk any liquid in the making of which any dried or condensed milk, has

been used.

(6) A person who contravenes any of the provisions of this section is

guilty of an offence.

(7) For the purposes of subsections (3) and (4), a person shall be deemed

to retain the possession of milk which is deposited in any place for collection

until it is actually collected; but nothing in this subsection shall be taken as

prejudicing the defence available under section 37 to a person charged with

an offence in respect of a sample of milk taken after the milk has left his

possession.

(8) The treatment of milk by the application of steam shall not be treated

for the purposes of this section as the making of an addition of water to that

milk in contravention of the foregoing provisions of this section if –

(a) regulations made under this Act are in force prescribing a

special designation in relation to milk submitted to that

treatment; and

(b) that treatment is carried out in accordance with the conditions

prescribed by those regulations; and

the milk consisting of milk fat and the percentage of the milk

consisting of milk solids other than milk fat are the same after

treatment as before it.«

Cream substitutes.

Misuse of designation “cream” in relation to cream substitutes.

28. (1) Subject to the provisions of this section, no person shall sell, or offer

or expose for sale, for human consumption–

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(a) any substance which resembles cream in appearance, but is not

cream; or

(b) any article of food containing such a substance, under a

description or designation which includes the word “cream”

(whether or not as part of a composite word).

(2) Subsection (1) shall not apply to the sale, or offer or exposure for

sale, of any substance being reconstituted or imitation cream as defined by

this section, or of any article containing such a substance, under a description

or designation which identifies the substance as such or to the sale, or offer

or exposure for sale, of any substance under a description or designation

which indicates that the substance is not for use as, or as a substitute for,

cream.

(3) In this section “reconstituted cream” means a substance which, not

being cream, resembles cream in appearance and contains no ingredient not

derived from milk, except–

(a) water; or

(b) ingredients (not added fraudulently to increase bulk, weight or

measure, or conceal inferior quality) which may lawfully be

contained in a substance sold for human consumption as cream,

and “imitation cream” means a substance which, not being cream or

reconstituted cream, resembles cream in appearance and is produced by

emulsifying edible oils or fats with water, either by themselves or with other

substances which are neither prohibited by regulations made for the purposes

of this section under section 6 nor added in quantities so prohibited.

(4) For the purposes of this section, the description or designation under

which a substance or article is sold, or offered or exposed for sale, shall be

deemed to include the word “cream” if it includes any other word (composite

or otherwise) which is calculated to lead a purchaser to suppose that the

substance is or, as the case may be, the article contains either cream or a

substance for use as cream.

(5) A person who contravenes subsection (1) is guilty of an offence.

Extension to reconstituted cream of provisions relating to cream.

29. Save as otherwise expressly provided, such of the following provisions as

apply in relation to cream, that is to say–

(a) any provision of this Part; and

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(b) any provisions of any Regulations made under this Act, other

than provisions relating to the registration of dairymen and

dairies,

shall also apply in relation to reconstituted cream as defined by section 28.

PART III.

ADMINISTRATION, ENFORCEMENT AND LEGAL PROCEEDINGS.

Administration.

Authorities responsible for enforcement.

30. It shall be the duty of the Government to enforce and execute the

provisions of this Act with respect to which the duty is not expressly, or by

necessary implication, imposed on some other authority.

Meaning of “authorized officer”.

31. (1) Subject to the provisions of this section, the expression “authorized

officer”, where used in this Act in relation to the Government means an

officer of the Government authorized by them in writing, either generally or

specially, to act in matters of any specified kind or in any specified matter.

(2) The Chief Environmental Health Officer and Environmental Health

Officers shall by virtue of their appointments be deemed to be authorized

officers for all the purposes of this Act.

Sampling and analysis.

Public analyst.

32. (1) The Government shall appoint a fit and proper person possessing

competent knowledge and skill (in this Act referred to as “the public

analyst”) to be analyst of food and drugs.

(2) No person shall be appointed public analyst who is engaged directly

or indirectly in any trade or business connected with the sale of food or

drugs.

(3) The Government shall pay to the public analyst such remuneration as

they may determine.

(4) The Government may also appoint a deputy to act during any

vacancy in the office of public analyst, or during the absence or incapacity of

the holder of the office, and–

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(a) the foregoing provisions of this section with respect to the

qualifications and remuneration of the public analyst shall apply

also in relation to the deputy public analyst; and

(b) any reference in the following provisions of this Act to the

public analyst shall be construed as including a reference to the

deputy public analyst appointed under this subsection.

Facilities for examination of food and drugs.

33. The Government may provide facilities for bacteriological and other

examinations of samples of food and drugs.

Powers of sampling.

34. (1) An authorized officer of the Government may exercise such powers

of procuring samples for analysis, or for bacteriological or other

examination, as are conferred upon him by this section, and any such officer

is in this Act referred to as a “sampling officer”.

(2) A sampling officer may purchase samples of any food or drug, or of

any substance capable of being used in the preparation of food; but nothing

in this subsection shall be construed as authorizing any purchase or sale of

drugs in contravention of the Drugs (Misuse) Act.

(3) Subject to the provisions of this section, a sampling officer may take

a sample of any food, or of any substance capable of being used in the

preparation of food, which appears to him to be intended for sale, or to have

been sold, for human consumption, or is found by him on or in any premises,

stall, vehicle, ship, aircraft or place which he is authorized to enter for the

purposes of the execution of this Act.

(4) Without prejudice to subsection (3) a sampling officer–

(a) may take a sample of milk while at any dairy, or while deposited

for collection, or at any time before it is delivered to a

consumer in pursuance of a sale by retail;

(b) may, at the request of a person to whom any food or substance

is, or is to be, delivered in pursuance of a contract of sale, take

a sample of that food or substance in the course of delivery, or

at the place of delivery.

(5) A sampling officer who under this section takes a sample of the milk

of any cows or goats at a dairy may take such steps at the dairy as may be

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necessary to satisfy himself that the sample is a fair sample of the milk of the

cows or goats when properly and fully milked.

(6) Except as provided by subsection (4) or with the consent of the

purchaser, a sampling officer shall not take a sample of any food or

substance which appears to him to have been sold by retail, either while the

food or substance is in the course of delivery to the purchaser, or at any time

after such delivery; and nothing in this section shall authorize a sampling

officer to take a sample of any food or substance in a ship or in any aircraft,

other than food imported as part of the cargo of that ship or aircraft.

Right to have samples analysed.

35. (1) If a sampling officer who has procured a sample of any food, drug or

substance considers that it should be analysed, he shall submit it to be

analysed by the public analyst.

(2) A person, other than a sampling officer, who has purchased any food

or drug, or any substance capable of being used in the preparation of food,

may submit a sample of it to be analysed by the public analyst.

(3) The public analyst shall analyse as soon as practicable any sample

submitted to him in pursuance of this section, but may, in the case of a

sample submitted by a person not being an officer of the Government

demand in advance the payment of such fee as may be fixed by the

Government.

(4) The public analyst shall give to the person by whom a sample was

submitted a certificate specifying the result of the analysis; and any such

certificate shall be in the form set out in Schedule 4.

(5) Any certificate of the results of an analysis given by the public analyst

in pursuance of this section shall be signed by him, but the analysis may be

made by any person acting under the direction of the public analyst.

Provisions as to samples taken for analysis.

36. (1) A sampling officer who purchases or takes a sample of any food,

drug or substance for the purpose of analysis by the public analyst shall deal

with the sample in accordance with the provisions of Schedule 5,

(2) Schedule 5 shall apply to the purchase of samples by any person who

is not a sampling officer as it applies in relation to the purchase of samples by

a sampling officer; and references therein to a sampling officer shall be

construed accordingly.

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(3) If it appears to a sampling officer that any food, drug or substance, of

which he has procured a sample for the purpose of analysis by the public

analyst, was manufactured or put into its wrapper or container by a person

(not being a person to whom one part of the sample is required to be given

under Schedule 5) having his name and an address in Gibraltar displayed on

the wrapper or container, the officer shall, unless he decides not to have an

analysis made, within three days of procuring the sample send to that person

a notice informing him that the sample has been procured by the officer and

where the sample was taken or, as the case may be, from whom it was

purchased.

(4) Where a sample taken or purchased by a sampling officer has been

analysed by the public analyst, any person to whom a part of the sample was

given under Schedule 5 shall be entitled, on payment to the Government of a

fee of five pence, to be supplied with a copy of the certificate given by the

public analyst under section 35(4).

Special defence in proceedings relating to milk.

37. It shall be a defence for a person charged with an offence against this

Act, in respect of a sample of milk taken after the milk has left his

possession, to prove that the churn or other vessel in which the milk was

contained was effectively closed and sealed at the time when it left his

possession, but had been opened before the person by whom the sample was

taken had access to it.

Provision as to cases in which division of sample into parts is

impracticable.

38. Where any person procures a sample consisting of a food, drug or

substance contained in unopened containers, and the division into parts of

the food, drug or substance contained in those containers–

(a) is not reasonably practicable; or

(b) might affect the composition, or impede the proper analysis, of

the contents, –-the provisions of Schedule 5 with respect to the

division of samples into parts shall be deemed to be complied

with if the person procuring the sample divides the containers

into the requisite number of lots and deals with each lot as if it

were a part in the manner provided by those provisions; and

references in this Act to a part of a sample shall be construed

accordingly.

Examination of food not for sale.

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39. The Chief Environmental Health Officer may, at the request of a person

who has in his possession any food which has not been sold and is not

intended for sale, and on payment by that person of such fee, if any, as may

be fixed by the Government, arrange to have the food examined.

Reports by public analyst.

40. The public analyst shall–

(a) as soon as may be after the last day of December in every year,

report to the Government the number of articles which have

been analysed by him under this Act in his capacity of public

analyst during the preceding year and the result of each analysis;

(b) furnish the Government with such further reports relating to

analyses made by him in his capacity of public analyst as may

from time to time be required by the Government.

Enforcement.

Power to enter premises.

41. (1) Subject to the provisions of this section, an authorized officer of the

Government shall, on producing, if so required, some duly authenticated

document showing his authority, have a right to enter any premises at all

reasonable hours–

(a) for the purpose of ascertaining whether there is or has been on,

or in connection with, the premises any contravention of the

provisions of this Act, being provisions which the Government

are required or empowered to enforce; and

(b) generally for the purpose of the performance by the

Government of their functions under this Act:

Provided that admission to any premises used only as a private dwelling-

house shall not be demanded as of right unless twenty-four hours notice of

the intended entry has been given to the occupier.

(2) If a justice of the peace, on sworn information in writing–

(a) is satisfied that there is reasonable ground for entry into any

premises for any such purpose as aforesaid; and

(b) is also satisfied either–

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(i) that admission to the premises has been refused, or a

refusal is apprehended and that notice of the intention to

apply for a warrant has been given to the occupier; or

(ii) that an application for admission, or the giving of such a

notice, would defeat the object of the entry, or that the

case is one of urgency, or that the premises are

unoccupied or the occupier temporarily absent,

the justice may by warrant under his hand authorize the

Government by any authorized officer to enter the premises, it

need be by force.

(3) An authorized officer entering any premises by virtue of this section,

or of a warrant issued thereunder, may take with him such other persons as

may be necessary, and on leaving any unoccupied premises which he has

entered by virtue of such a warrant shall leave them as effectively secured

against trespassers as he found them.

(4) Every warrant granted under this section shall continue in force for a

period of one month.

(5) If a person who, in compliance with the provisions of this section or

of a warrant issued thereunder is admitted into a factory or workplace,

discloses to any person any information obtained by him in the factory or

workplace with regard to any manufacturing process or trade secret, he is,

unless the disclosure was made in the performance of his duty, guilty of an

offence and liable on conviction to a fine of £200 or to imprisonment for

three months.

Power to enter ships, aircraft, vehicles, etc.

42. (1) An authorized officer of the Government shall, on producing, if so

required, some duly authenticated document showing his authority, have a

right at all reasonable hours–

(a) to enter any ship or aircraft for the purpose of ascertaining

whether there is in the ship or aircraft any food imported as part

of the cargo in contravention of the provisions of regulations

made under Part I, being provisions which the Government are

required or empowered to enforce; and

(b) to enter any vehicle, stall or place other than premises, or any

ship, for any purpose for which he is empowered under section

41 to enter premises.

(2) Subsections (2) to (4) of section 41 shall apply in relation to any ship,

aircraft, vehicle, stall or place which may be entered under the powers

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conferred by subsection (1) of this section as they apply in relation to

premises, and as if any reference to the occupier of premises were a

reference to the master, commander or other person in charge of the ship,

aircraft, vehicle, stall or place.

Persons obstructing execution of Act.

43. (1) A person who wilfully obstructs any person acting in the execution of

this Act is guilty of an offence and is liable on conviction to a fine of £1000:

Provided that, if the court is satisfied that he committed the offence with

intent to prevent the discovery of some other offence under this Act, or if he

has within the twelve months last preceding been convicted of an offence

under this subsection, he is liable to a fine of £1000 .

(2) If–

(a) a sampling officer applies to purchase any food, drug or

substance exposed for sale, or on sale by retail, and tenders the

price for the quantity which he requires as a sample, and the

person exposing the food, drug or substance for sale, or having

it for sale, refuses to sell to the officer such quantity thereof; or

(b) the seller or consignor of any article or substance of which an

officer has power to take a sample, or a person having the

charge for the time of such an article or substance, refuses to

allow the officer to take the quantity which he requires as a

sample,

then, in any of the cases mentioned in the foregoing paragraphs, the person

concerned shall be treated for the purposes of subsection (1) as having

wilfully obstructed the officer:

Provided that, where any food, drug or substance is exposed for sale in an

unopened container duly labelled, no person shall be required to sell it except

in the unopened container in which it is contained.

(3) A person who fails to give to any person acting in the execution of

this Act, any assistance which that person may reasonably request him to

give, or any information which that person is expressly authorized by this Act

to call for or may reasonably require, or who, when required to give any such

information, knowingly makes any misstatement in respect thereof, is guilty

of an offence and is liable on conviction to a fine of £1000:

Provided that nothing in this subsection shall be construed as requiring a

person to answer any question or give any information, if to do so might

incriminate him.

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(4) Subsection (3) of this section shall be without prejudice to so much

of section 58 as enables regulations made under this Act to contain

provisions for imposing penalties on persons offending against the

regulations.

Legal proceedings.

Offences triable either way.

44. (1) A person guilty of an offence to which this section applies shall be

liable–

(a) on summary conviction, to a fine not exceeding £1000; and

(b) on conviction on indictment, to a fine or imprisonment for a

term not exceeding two years or both.

(2) This section applies to any offence under this Act except an offence

under any provision of this Act specified in section 44A (3) of this Act.

Offences triable summarily.

44A.(1) Any offence to which this section applies shall be triable summarily.

(2) The offences to which this section applies are–

(a) an offence under any provision of this Act specified in

subsection (3) of this section;

(b) an offence under regulations made under this Act other than an

offence which by virtue of the regulations is triable either on

indictment or summarily;

(3) The provisions of this Act mentioned in subsection (2) (a) of this

section are–

(a) section 16(4);

(b) section 18(1);

(d) section 18A(3);

(e) section2l(1);

(f) section4l(5);

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(g) section43(1);

(h) section 43(3) .

Offences by corporations.

45. (1) Where an offence against this Act which has been committed by a

body corporate is proved to have been committed with the consent or

connivance of, or to be attributable to any neglect on the part of, any

director, manager, secretary or other similar officer of the body corporate, or

any person who was purporting to act in any such capacity, he as well as the

body corporate is guilty of that offence and shall be liable to be proceeded

against and punished accordingly.

Prosecutions.

46.(1) No prosecution for an offence under this Act or regulations made

under this Act which is triable either on indictment or summarily shall be

begun after the expiration of three years from the commission of the offence

or one year from its discovery by the prosecutor, whichever is the earlier.

(2) Where a sample has been procured under this Act, no prosecution in

respect of the article or substance sampled shall be begun after the expiration

of the following periods, beginning with the date on which the sample was

procured, that is to say–

(i) in the case of a sample of milk, twenty eight days;

(ii) in any other case, two months

unless the justice of the peace before whom the information is laid, on being

satisfied on oath that having regard to the circumstances of the particular

case it was not practicable to lay the information at an earlier date, gives a

certificate to that effect; and, if the prosecution is in respect of a sample of

milk, it shall not in any case be begun after the expiration of forty two days

beginning with the said date;

(3) the time within which proceeding may be commenced under Section

52 in respect of the giving of a false warranty shall be twelve months;

(4) In any proceedings under this Act in respect of an article or substance

sampled, the summons shall not be made returnable less than fourteen days

from the day on which it is served, and a copy of any certificate of analysis

obtained on behalf of the prosecutor, and of any certificate given by justice

under subsection (2) shall be served with the summons;

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(5) In any proceedings under this Act, where a sample has been procured

in such circumstances that its division into parts is required by this Act, the

part of the sample retained by the person who procured it shall be produced

at the hearing.

Evidence of analysis.

47. (1) In any proceedings under this Act, the production by one of the

parties of a document purporting to be a certificate of the public analyst in

the form prescribed under section 35(5), or of a document supplied to him by

the other party as being a copy of such a certificate, shall be sufficient

evidence of the facts stated therein, unless in the first-mentioned case, the

other party requires that the analyst shall be called as a witness.

(2) In any such proceedings, if a defendant intends to produce a

certificate of the public analyst, or under subsection (1) to require that a

public analyst shall be called as a witness, notice of his intention, together, in

the first-mentioned case, with a copy of the certificate, shall be given to the

other party at least three clear days before the day on which the summons is

returnable, and, if this requirement is not complied with, the court may, if it

thinks fit, adjourn the hearing on such terms as it thinks proper.

(3) Regulations made under section 6 or section 8 may prescribe a

method of analysis for the purpose of ascertaining the presence in, or

absence from, any food of any substance specified in the regulations, or the

quantity of any such substance which is present in any food; and in any

proceedings under this Act–

(a) for a contravention of any regulations made under either of the

said sections; or

(b) for an offence against section 4 or section 7, in respect of any

food alleged to contain, or not to contain, any substance

specified as aforesaid or any particular quantity of such a

substance, evidence of an analysis carried out by the prescribed

method shall be preferred to evidence of any other analysis or

test.

Presumptions.

48. For the purposes of this Act–

(a) any article commonly used for human consumption shall, if sold

or offered, exposed or kept for sale, be presumed, until the

contrary is proved, to have been sold or, as the case may be, to

have been or to be intended for sale, for human consumption;

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(b) any article commonly used for human consumption which is

found on premises used for the preparation, storage, or sale of

that article and any article commonly used in the manufacture of

products for human consumption which is found on premises

used for the preparation, storage or sale of those products, shall

be presumed, until the contrary is proved, to be intended for

sale, or for manufacturing products for sale, for human

consumption;

preparation of any article commonly used for human

consumption which is found on premises on which that article is

prepared shall, until the contrary is proved, be presumed to be

intended for such use.

Power of court to require analysis by Government Chemist in United

Kingdom.

49. (1) The court before which any proceedings are taken under this Act

may, if it thinks fit, and upon the request of either party shall, cause the part

of any sample produced before the court under section 46(3) to be sent for

analysis to the Government Chemist in the United Kingdom and the costs of

the analysis shall be paid by the prosecutor or the defendant as the court may

order.

(2) If, in a case where an appeal is brought, no action has been taken

under subsection (1), the provisions thereof shall apply also in relation to the

court by which the appeal is heard.

(3) Any certificate of the results of an analysis signed by or on behalf of

the Government Chemist shall be evidence of the facts stated therein.

Contravention due to default of some other person.

50. (1) A person against whom proceedings are brought under this Act shall,

upon information duly laid by him and on giving to the prosecution not less

than three clear days’ notice of his intention, be entitled to have any person

to whose act or default he alleges that the contravention of the provisions in

question was due brought before the court in the proceedings; and if, after

the contravention has been proved, the original defendant proves that the

contravention was due to the act or default of that other person, that other

person may be convicted of the offence, and, if the original defendant further

proves that he has used all due diligence to secure that the provisions in

question were complied with, he shall be acquitted of the offence.

(2) Where a defendant seeks to avail himself of the provisions of

subsection (1)–

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(a) the prosecution, as well as the person whom the defendant

charges with the offence, shall have the right to cross-examine

him, if he gives evidence, and any witness called by him in

support of his pleas, and to call rebutting evidence;

(b) the court may make such order as it thinks fit for the payment

of costs by any party to the proceedings to any other party

thereto.

(3) Where it appears to the Government that an offence has been

committed in respect of which proceedings might be taken under this Act

against some person and the Government are reasonably satisfied that the

offence of which complaint is made was due to an act or default of some

other person and that the first-mentioned person could establish a defence

under subsection (1), they may cause proceedings to be taken against that

other person without first causing proceedings to be taken against the first-

mentioned person.

In any such proceedings the defendant may be charged with, and, on proof

that the contravention was due to his act or default, be convicted of, the

offence with which the first-mentioned person might have been charged.

Conditions under which warranty may be pleaded as defence.

51. (1) Subject to the provisions of this section, in any proceedings for an

offence under this Act being an offence consisting of selling, or offering,

exposing or advertising for sale, or having in possession for the purpose of

sale, any article or substance, it shall be a defence for the defendant to

prove–

(a) that he purchased it as being an article or substance which could

lawfully be sold or otherwise dealt with as aforesaid, or, as the

case may be, could lawfully be so sold or dealt with under the

name or description or for the purpose under or for which he

sold or dealt with it, and with a written warranty to that effect;

and

(b) that he had no reason to believe at the time of the commission

of the alleged offence that it was otherwise; and

(2) A warranty shall only be a defence in proceedings under this Act if–

(a) the defendant–

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(i) has, not later than three clear days before the date of the

hearing, sent to the prosecutor a copy of the warranty

with a notice stating that he intends to rely on it and

specifying the name and address of the person from

whom he received it; and

(ii) has also sent a like notice of his intention to that person;

and

(b) in the case of a warranty given by a person resident outside

Gibraltar, the defendant proves that he had taken reasonable

steps to ascertain, and did in fact believe in, the accuracy of the

statement contained therein.

(3) Where the defendant is a servant of the person who purchased the

article or substance under a warranty, he shall be entitled to rely on the

provisions of this section in the same way as his employer would have been

entitled to do if he had been the defendant.

(4) The person by whom the warranty is alleged to have been given shall

be entitled to appear at the hearing and to give evidence, and the court may,

if it thinks fit, adjourn the hearing to enable him to do so.

(5) For the purposes of this section and of section 52 a name or

description entered in an invoice shall be deemed to be a written warranty

that the article or substance to which the entry refers can be sold or

otherwise dealt with under that name or description by any person without

contravening any of the provisions of this Act.

Offences in relation to warranties and certificates of analysis.

52. (1) A defendant who in any proceedings under this Act wilfully applies to

any article or substance a warranty or certificate of analysis given in relation

to any other article or substance is guilty of an offence.

(2) A person who, in respect of any article or substance sold by him,

being an article or substance in respect of which a warranty might be pleaded

under section 51, gives to the purchaser a false warranty in writing, is guilty

of an offence, unless he proves that when he gave the warranty he had reason

to believe that the statements or description contained therein were accurate.

Appeals.

Appeals to the magistrates’ court.

53. (1) Where any enactment in, or regulation made under, this Act provides

for an appeal to the magistrates’ court against a refusal or other decision of

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the Government, the procedure shall be by way of complaint for an order,

and the Magistrates’ Court Act shall apply to the proceedings.

(2) The time within which such an appeal may be brought shall be

twenty-one days from the date on which notice of the Government’s refusal

or other decision was served upon the person desiring to appeal, and for the

purposes of this subsection the making of the complaint shall be deemed to

be the bringing of the appeal.

(3) In any case where such an appeal lies, the document notifying to the

person concerned the decision of the Government in the matter shall state the

right of appeal to the magistrates’ court and the time within which such an

appeal may be brought.

Further appeal to Supreme Court.

54. Where a person aggrieved by an order, determination or other decision

of the magistrates’ court under this Act is not by any other enactment

authorized to appeal to the Supreme Court he may appeal to that court.

Effect of court’s decision.

55. Where on an appeal under this Act a court varies or reverses any decision

of the Government, it shall be the duty of the Government to give effect to

the order of the court, and, in particular, to grant any necessary licence and

to make any necessary entry in any register.

Right to carry on business pending appeal.

56. (1) Where a decision of the Government under this Act refusing,

cancelling, suspending or revoking, registration or a licence or a decision of

the magistrates’ court on appeal against such a decision, makes it unlawful

for a person to carry on any business which he, or his immediate predecessor

in the business, was lawfully carrying on at the date when the decision of the

Government was given, or to use any premises for any purpose for which he,

or his immediate predecessor in the business, was lawfully using them at the

said date, he may carry on that business and use those premises for that

purpose until the time for appealing has expired and, if an appeal is lodged,

until the appeal is finally disposed of or abandoned or has failed for want of

prosecution.

(2) The foregoing provisions with respect to the right to continue to

carry on a business and to use premises shall apply also where the decision of

a court in proceedings in respect of an offence under this Act makes it

unlawful for a person to carry on a business which he was lawfully carrying

on immediately before the decision was given, or to use any premises for any

purpose for which he was then lawfully using them.

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Compensation.

Disputes as to compensation under Part I.

57. Where by any of the provisions in Part I provision is made for the

payment of compensation to any person, all questions as to the fact of

damage or loss, liability to pay compensation and the amount of

compensation may on the application of either party be determined by, and

any compensation awarded may be recovered before, the magistrates’ court.

PART IV.

MISCELLANEOUS AND GENERAL.

58. Regulations made under this Act, without prejudice to the generality of

the provisions under which they are made, may–

(a) modify for the purposes of the regulations any provisions of this

Act relating to the taking, analysis and examination of samples;

(b) apply, as respects matters to be dealt with by the regulations,

any provision in any Act (including this Act) dealing with the

like matters, with the necessary modifications and adaptations;

refusal or other decision of an authority by whom the

regulations are to be enforced and executed;

(d) authorize. the making of charges for the purposes of the

regulations, or for any services performed thereunder, and

provide for the recovery of charges so made;

(e) provide that an offence under the regulations shall be triable

either on indictment or summarily;

(f) include provisions under which a person guilty of an offence

under the regulations which is so triable on summary conviction

to a fine not exceeding £1,000 or such smaller amount as may

be specified in the regulations and on conviction on indictment

to either or both of the following:

(i) to a fine not exceeding an amount specified in the re-

gulation or of an indefinite amount;

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(ii) imprisonment for a term not exceeding two years or such

shorter term as may be specified in the regulations;

(g) include provision under which a person guilty of an offence

under the regulations which is triable only summarily is liable on

conviction to a fine not exceeding £1,000 or such smaller

amount as may be specified in the regulations.

(h) make such ancillary and incidental provisions as appear to the

Government to be necessary or desirable;

and regulations made under Part I may, without prejudice as aforesaid,

require persons carrying on any activity to which the regulations apply to

keep and produce records and furnish returns.

Regulations to conform to Community Requirements.

58A.(1) The Government may, in respect of any directly applicable

Community provision relating to food for which, in his opinion, it is

appropriate to make provision under this Act, by regulations make such

provisions as he considers necessary or expedient for the purpose of securing

that the Community provision is administered, executed and enforced under

this Act, and may apply such of the provisions of this Act as may be specified

in the regulations in relation to the Community provision with such

modifications if any, as may be so specified.

(2) For the purpose of complying with any Community obligation, or for

conformity with any provision made for that purpose, the Government may

by regulations make provisions as to–

(a) the manner of sampling any food specified in the regulations,

and the manner in which samples are to be dealt with; and

(b) the method to be used in analysing, testing or examining

samples of any food so specified;

and regulations made by the Government for that purpose, or for conformity

for any provision so made, may modify or exclude any provision of this Act

relating to the procuring or analysis of, or dealing with, samples or to

evidence of the results of any analysis or test.

Expenses.

59. (1) Expenses incurred by the Government under this Act shall be

defrayed out of the General Rates leviable by them under the Public Health

Act.

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(2) Expenses incurred under this Act by a sampling officer in procuring

samples and causing samples to be analysed shall be defrayed by the

Government.

Application of fines.

60. Any fine recovered under this Act–

(a) in the case of a prosecution by the Government or by an officer

of the Government shall be paid to the Government, to be

accounted for and applied to the expenses of the Government

under this Act; and

(b) in the case of any other prosecution, shall be paid and applied in

accordance with the law regulating the application of fines for

offences punishable summarily.

Protection for officers acting in good faith.

61 (1) An officer of the Government shall not be personally liable in respect

of any act done by him in the execution or purported execution of this Act

and within the scope of his employment, if he did that act in the honest belief

that his duty under this Act required or entitled him to do it:

Provided that nothing in this subsection shall be construed as relieving the

Government from any liability in respect of acts of their officers.

(2) Where an action has been brought against an officer of the

Government in respect of an act done by him in the execution or purported

execution of this Act and the circumstances are such that he is not legally

entitled to require the Government to indemnify him, the Government may,

nevertheless, indemnify him against the whole or a part of any damages and

costs which he may have been ordered to pay or may have incurred, if they

are satisfied that he honestly believed that the act complained of was within

the scope of his employment and that his duty under this Act required or

entitled him to do it.

(3) For the purposes of this section, the public analyst shall he treated as

being an officer of the Government whether or not he is employed whole-

time.

Incorporation of certain provisions of Public Health Act.

62. The following provisions of the Public Health Act shall be deemed to be

incorporated in this Act, that is to say–

Section 325 – (Interpretation of “provide”).

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Section 329 – (Power of Government to require information as to

ownership of premises).

Section 332 – (Notices to be in writing; forms of notices, etc.).

Section 333 – (Authentication of documents).

Section 334 – (Service of notices, etc.).

section 335 – (Proof of resolutions, etc.).

Section 338 – (Power to require occupier to permit works to be

executed by owner).

Section 351 – (Judges and justices not to be disqualified by liability to

rates).

Section 357 – (Powers of Act to be cumulative).

Temporary continuance of licence or registration on death.

63. Where a person who holds a licence or is registered in respect of any

premises under this Act dies, the licence or registration shall, unless

previously revoked or cancelled, ensure for the benefit of his personal

representative, or of his widow or any other member of his family, until the

expiration of two months from his death, or until the expiration of such

longer period as the Government may allow.

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SCHEDULE 1.

Section 18A(2).

DISEASES TO WHICH SECTION 18A(1) APPLIES.

Enteric fever (including typhoid and paratyphoid fevers).

Dysentery.

Diphtheria.

Scarlet fever.

Acute inflammation of the throat.

Gastro-enteritis.

Undulant fever.

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SCHEDULE 2.

Section 24.

REFUSAL AND CANCELLATION OF

REGISTRATION OF DAIRYMEN AND DAIRIES.

PART I.

DAIRYMEN.

1. If it appears to the Government that the public health is, or is likely to be,

endangered by any act or default of a person who has applied to be, or, is so

registered by the Government, being an act or default, committed in relation

to the quality, storage or distribution of milk, they may serve on him a

notice–

(a) stating the place and time, not being less than twenty-one days

after the date of the service of the notice, at which they propose

to take the matter into consideration; and

(b) informing him that he may attend before them, with any

witnesses whom he desires to call, at the place and time

mentioned to show cause why they should not, for reasons

specified in the notice, refuse to register him or cancel his

registration, as the case may be, either generally or in respect of

any specified premises.

2. A person entitled under paragraph I of this Schedule to appear before the

Government may appear in person or by barrister or a solicitor or any other

representative, or may be accompanied by any person whom he may wish to

assist him in the proceedings.

3. If a person on whom a notice is served under paragraph I of this Schedule

fails to show cause to the satisfaction of the Government, they may refuse to

forthwith give notice to him of their decision in the matter, and shall, if so

required by him within fourteen days from the date of their decision give to

him, not less than forty-eight hours after receiving the requirement, a

statement of the grounds on which it was based.

4. A person aggrieved by the decision of the Government under this Part of

this Schedule to refuse to register him, or to cancel his registration, may

appeal to the magistrates’ court.

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5. The court before whom a person registered as a dairyman is convicted of

an offence under any of the provisions relating to milk in this Act, or under

any regulations made under this Act, may, in addition to any other

punishment, cancel his registration as such.

6. Where under this Part of this Schedule a person’s application for

registration is refused, or his registration is cancelled, he shall not be liable

for any breach of contract for the purchase of further supplies of milk from

any person, if the refusal or cancellation was due to the quality of the milk

supplied by that person.

PART II.

DAIRIES.

7. If in the case of any premises in respect of which an application is made

for registration as a dairy, or which are registered as such, it appears to the

Government–

(a) that any requirement of any regulations made under this Act

cannot be or are not being complied with, as the case may be, in

connection with the premises or the business proposed to be

carried on or carried on at the premises; or

(b) that the premises or any part of the premises are otherwise

unsuitable (having regard to considerations of hygiene and in

particular to the situation, construction or condition of the

premises, or to the activities proposed to be carried on or

carried on thereat) for use for the purpose or purposes specified

in the application or for which they are used, as the case maybe,

the Government may refuse the application or, as the case may be, cancel the

registration of the premises, and shall forthwith give notice to the applicant

or to the occupier of the premises, as the case may be, of their decision on

the matter, and shall, if so required by such applicant or occupier within

fourteen days from the date of their decision, give to him, not less than forty-

eight hours after receiving the requirement a statement of the ground on

which it was based.

8. A person aggrieved by the decision of the Government to refuse to

magistrates’ court.

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SCHEDULE 3.

Section 25.

DISEASES OF COWS OR GOATS

TO WHICH SECTION 25 APPLIES.

Acute mastitis.

Actinomycosis of the udder.

Suppuration of the udder.

Any infection of the udder or teats which is likely to convey disease.

Any comatose condition.

Any septic condition of the uterus.

Anthrax.

Foot-and-mouth disease.

Food and Drugs

1964-07

SCHEDULE 4.

Section 35.

FORM OF CERTIFICATE TO BE GIVEN BY THE

PUBLIC ANALYST IN PURSUANCE OF SECTION 35.

_______________

FOOD AND DRUGS ACT.

To (1)

I the undersigned, public analyst for Gibraltar, hereby certify that on the

day of ,20 a sample marked (2) and measuring (or

weighing)(3) was submitted by you to me as a sample of

for analysis.

I further certify that the sample has been analysed by me, or under my

direction, and as a result of the analysis I am of the opinion that:–(4)

Observations (5)

I certify that the sample had undergone no change which would affect the

opinion expressed above.

As witness my hand the day of ,20 .

Notes.

(1) Insert the name and address of the persons submitting the sample for

analysis.

(2) Insert particulars of marking, e. g., date, number, etc.

(3) This may be left unanswered if the sample cannot conveniently be

weighed or measured or the weight or measurement is not material to the

result of the analysis.

(4) Here the analyst should specify the result of the analysis in the light

of the provisions of the Food and Drugs Act.

(5) Here the analyst may insert at his discretion his opinion whether the

analysis indicates any addition, abstraction, or deficiency or the presence of

foreign matter or other defect and whether the nature, substance or qualify

is thereby affected; any physical, chemical or other properties bearing on

the nature, substance or qualify of the article; whether the article is

Food and Drugs

1964-07

injurious to health or unfit for human consumption; whether and in what

respect a label or description or any advertisement relating to the sample is

incorrect or misleading; and he may add any other observations he may

consider relevant.

(These notes are for guidance only and do not form part of the Certificate).

_____________

SCHEDULE 5.

Sections 36 and 38.

SAMPLING.

PROVISIONS AS TO MANNER IN WHICH SAMPLES TAKEN

OR PURCHASED FOR ANALYSIS ARE TO BE DEALT WITH.

1. The sampling officer shall forthwith divide the sample into three parts,

each part to be marked and sealed or fastened up in such manner as its nature

will permit, and shall–

(a) with respect to one part of the sample comply with paragraphs

2 to 7 of this Schedule, and

(b) deal with the remaining parts in accordance with paragraph 8 of

this Schedule.

2. (1) If the sample was purchased by the sampling officer, he shall give the

part of the sample to the vendor.

(2) In relation to a sample purchased from an automatic machine, this

paragraph shall apply as if for the reference to the vendor there were

substituted a reference-

(a) if the name and address (being an address in Gibraltar) of a

person stated to be the proprietor of the machine appears on the

machine, to that person;

(b) in any other case, to the occupier of the premises on which the

machine stands or to which it is affixed.

3. If the sample is of goods consigned from outside Gibraltar and was taken

by the sampling officer before delivery to the consignee, the officer shall give

the part of the sample to the consignee.

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1964-07

4. (1) This paragraph applies in relation to any sample of milk taken by the

sampling officer, except to–

(a) one in relation to which paragraph 3 of this Schedule applies; or

(b) any sample of cream.

(2) If the sample was taken from a container appearing to the officer to

show the name and address (being an address in Gibraltar) of any person as

purveyor of the milk, or as the person who put the milk into the container,

the officer shall give the part of the sample to that person.

(3) If the sample was taken at a dairy the officer shall give the part of the

sample to the occupier of the dairy.

5. If the sample was taken by the sampling officer at the request of a

purchaser, or taken with the consent of a purchaser by retail, the officer shall

give the part of the sample to the vendor.

6. If none of the foregoing paragraphs of this Schedule apply, the sampling

officer shall give the part of the sample to the person appearing to be the

owner of the food, drug or substance of which the sample was taken.

7. In every case to which paragraphs 2 to 6 of this Schedule apply the

sampling officer shall inform the person to whom the part of the sample is

given that the sample was purchased or taken for the purpose of analysis by

the public analyst.

8. Of the remaining parts of the sample, the sampling officer shall, unless he

decides not to have an analysis made, submit one for analysis in accordance

with section 35 and retain the other for future comparison.

9. Any part of a sample which under this Schedule is to be given to any

person may be given either by delivering it to him or to his agent or by

sending it to him by post in a registered packet; but where after reasonable

inquiry the sampling officer is unable to ascertain the name and address of

the person to whom the part of the sample is to be given, he may, in lieu of

giving the part to that person, retain it.

Food and Drugs

1964-07

SCHEDULE 6.

Section 2.

FOOD NOT TO BE REGARDED AS OPEN FOOD.

(1)

Food

(2)

Mode of wrapping or enclosure

Butter, margarine and

cooking fat

Any total enclosure of greaseproof paper or

foil

Meat, except meat which

has been cooked or

otherwise prepared for sale

by any similar process

Any total wrapping of mutton cloth, hessian,

jute, paper or film

Fish Any total enclosure of greaseproof paper or

film

Vegetables Any box, bag, sack, string container or

pliable film pack

Flour, confectionery and

bakery goods

Any total enclosure

Ice-cream Any total greaseproof enclosure of paper,

foil, film, cardboard, carton, cup or similar

wrapping

Ice-lollies Any total greaseproof enclosure of paper,

foil, film or similar wrapping; or any bag

made of such materials to contain the ice

lolly and which may or may not be sealed at

the end from which the stick or holder

protrudes.