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Section 5: Determination of fitness of food

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.

5. Determination of fitness of food (1) Where an authorised officer exercises any power conferred under section, he shall, as soon as is reasonably practicable, determine or cause to be determined whether the food complies with this Act or any regulations made under this Act and report the matter to the Permanent Secretary. (2) (a) Where the Permanent Secretary is satisfied that the food is fit for human consumption, he shall forthwith issue a withdrawal notice in the form specified in the Third Schedule to the person on whom a notice has been served under section 4 (1) (d) (i). (b) Where the Permanent Secretary is satisfied that the food is unfit for human consumption or likely to be injurious to health or to cause food poisoning or any disease communicable to human beings, he shall— (i) serve on the person on whom a notice under section 4 (1) (d) (i) has been served, a notice in the form specified in the Fourth Schedule; and (ii) apply, in the form specified in the Fifth Schedule, to the District Magistrate for an order to destroy or dispose of the food in such manner as the District Magistrate thinks fit. (3) The production by an authorised officer of a certificate issued and signed by a Government Analyst or food microbiologist shall be sufficient evidence of the facts stated therein for the purpose of this Act.

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