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Section 4: Powers of authorised officers

Food Act

consolidated text (as at 2004, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

4. Powers of authorised officers (1) An authorised officer may, at any time— (a) on production of a certificate of authorisation issued under section 3, enter any premises where he reasonably believes any food is prepared, packaged, stored, conveyed, distributed or sold, examine the food and take samples of the food for analysis or examination, as the case may be, and examine anything that he reasonably believes is used or capable of being used for the preparation, packaging, storing, conveying, distribution or sale; (b) open and examine any food package to which he reasonably believes this Act applies; (c) mark, seal or otherwise secure, weigh, count or measure any appliance, or any food, the preparation, packaging, storing, conveying, distribution or sale of which is or appears to be contrary to this Act or any regulations made under this Act; and [Issue 1] F18 – 4 Revised Laws of Mauritius (d) seize or detain any food which he reasonably believes to be unfit for human consumption or likely to be injurious to health or to cause food poisoning or any disease communicable to human beings and may— (i) give notice in the form specified in the Second Schedule to the person in charge of the food that until the notice is withdrawn, the food or any portion of it shall not be sold or used in any manner and shall not be removed except to a place specified in the notice; or (ii) where the food is of a perishable nature or is a living creature, forthwith destroy it. (2) An authorised officer, in addition to the powers provided for under subsection (1), may conduct an enquiry, and swear an information and conduct prosecution before a Magistrate, in respect of any offence under this Act or any regulations made under it. [S. 4 amended by s. 3 of Act 24 of 2004.]

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