STOCK FOODS AND MEDICINES ACT.

Act No. 19, 1940. An Act to regulate in certain respects the sale of

foods and medicines for animals and birds; to provide for the constitution of a Stock Medicines Board and to define its powers, authorities, duties and functions; and for purposes connected therewith. [Assented to, 30th May, 1940.]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis-

lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

P A R T I.

PRELIMINARY, 1 . (1) This Act may be cited as the "Stock Foods

and Medicines Act, 1940." (2) This Act shall commence on a day to be

appointed by the Governor and notified by proclamation published in the Gazette.

2 . This Act is divided into Par ts as follows:—

PART I.—PRELIMINARY.

PART II.—STOCK FOODS.

PART III.—STOCK MEDICINES.

PART IV.—GENERAL PROVISIONS.

3 . In this Act, unless the context otherwise indicates or requires—

"Ana lys t " means analyst appointed under this Act. "Bacteriologist" means bacteriologist appointed

under this Act. "Biological

"Biological product" includes any vaccine serum or virus, whether living or dead, aggressins, gland extracts and diagnostic agents or any other product of bacterial growth.

" B o a r d " means the Stock Medicines Board con­stituted under this Act.

"By-products" includes husks, bran, pollard, brewer's grains and materials produced from any kind of grain in any process of treatment or manufacture not being the primary object of such process and also includes any other commodity, substance, material or matter which may be declared by the regulations to be a by-product for the purposes of this Act.

"Chaff" means hay or straw cut into short lengths. "Foreign ingredient" includes any substance,

plant, part of a plant, or the seeds of any plant which may be declared by the regulations to be a foreign ingredient.

" H a y " means any cereal, legume or grass cut before complete ripeness and dried and from which the grain or seed has not been removed.

" H a y chaff" means chaff consisting only of hay. " Inspec tor" means inspector appointed under this

Act. "Manufactured stock food" includes—

(a) all kinds of meals and foods for stock prepared whether in whole or in part from one or more kinds of grain, nut, or oils or juices or meats or other substances of a like nature; and

(b) any condimental, patented or proprie­tary stock foods claimed to possess nutritive properties or nutritive as well as medicinal properties; and

(c) stock licks. "Package" includes anything in or by which any

stock food or stock medicine is cased, covered, enclosed, contained or packed.

' ' Prescribed" means prescribed by this Act or by the regulations.

"Regulat ions"

"Regulat ions" means regulations made under this Act.

" S e l l " includes barter or exchange and also includes agreeing to sell or offering or exposing for sale or having in possession for sale or sending, forwarding or delivering for or on sale or causing, suffering or attempting any of such acts or things; and derivatives from " s e l l " have a corresponding meaning.

"S tock" means any animal or bird of the follow­ing kinds or species, namely:—Horse, cow. sheep, goat, pig, dog, domestic fowl, duck, goose, turkey or pigeon.

"Stock food" includes hay, straw, chaff, grain, manufactured stock food and by-products and also includes any other substance declared by the regulations to be a stock food.

"Stock lick" means any preparation consisting of or containing any mineral, inorganic substance, bone or mineral salt or salts and claimed to supply or primarily intended for supplying mineral matter to stock; and includes any prescribed preparation consisting of or con­taining any mineral salt or salts.

"Stock medicine" means any substance, or mixture or compound of substances, or biological product which is intended to be administered or applied to stock by any means for the purpose of—

(a) curing or alleviating any injury to stock;

(b) diagnosing, curing, alleviating or pre­venting any disease of any stock;

(c) destroying any parasite or pest affect­ing stock; or

(d) improving the condition of any stock or increasing the capacity of any stock for work or for production or for repro­duction of progeny,

but does not include— (i) any such substance, mixture, compound

or product bona fide prescribed by a veterinary

ve te r ina ry surgeon in the course of the pract ice of his profession as such or supplied by him for any stock for the t ime being under his professional care or cha rge ; or

(ii) any such substance, mix ture or com­pound bona fide extemporaneously p r epa red for a specific case by a pharmaceut ica l chemist in the o rd ina ry course of his business.

' ' S t r a w " means any dr ied cereal, legume or g r a s s from which the seed or g ra in has been removed in any way.

" V e t e r i n a r y s u r g e o n " means a ve te r ina ry surgeon reg is te red under the provis ions of the Veter in­a r y Surgeons Act, 1923.

" W h o l e s a l e d e a l e r " in respect of any stock food or stock medicine means the manufac ture r , im­po r t e r or other person p r imar i ly responsible for placing such stock food or stock medicine on the marke t in New South Wales .

P A R T I I .

STOCK FOODS.

4 . (1) I n any sale, contract or agreement for the sale or delivery of chaff such chaff in the absence of a wr i t ten agreement to the con t r a ry shall be p resumed to be hay chaff.

(2) A n y person who sells or contracts or agrees to sell or deliver chaff shall, in the absence of such a wr i t t en agreement to the cont ra ry , be guil ty of an offence aga ins t this Act if the chaff so sold or contracted o r agreed for is not hay chaff.

5. (1) E v e r y wholesale dealer in any manufac tured stock food or in any by-product shall within th i r ty days af ter the commencement of this Act or within th i r ty days af te r the da te of his commencing in business or t r ade as a wholesale dealer in such stock food or by-product (whichever is the la ter da te) and thereaf ter in each year

G on

on or before the th i r t ie th day of J u n e make to the Unde r Secre ta ry of the Depa r tmen t of Agr icu l ture an applica­tion for reg is t ra t ion of such stock food or by-product in wr i t ing in or to, the effect of the prescr ibed form set t ing out 1 he following pa r t i cu l a r s :—

(a) his name and place of bus iness ; (b) all marks , figures, words or le t ters (in this Act

re fe r red to as " t h e dis t inguishing n a m e " ) used or intended to be used in connection with every such stock food or by-product which he then sells or which he then proposes to sell dur ing the per iod ending on the next following th i r t ie th day of J u n e ;

(c) the place of manufac ture thereof;

(d) the names of the gra ins , sal ts or other mater ia l s from which such stock food or by-product is or is to be p r e p a r e d ;

(e) a chemical analysis of such stock food or by­product s ta t ing—

(i) in the case of a stock food (other than a stock lick) or a by-product—

the minimum percentage of crude p ro t e in ;

the minimum percentage of crude f a t ;

the maximum percentage of crude fibre,

contained in such stock food or by­product , and

(ii) in the case of a stock lick— the maximum percentage of salt

(sodium ch lo r ide ) ; the minimum percentage of phos­

phor ic acid (P2O5), lime, mag­nesia, iron, su lphur and iodine and of any other prescr ibed con­st i tuent ,

contained in such stock lick;

(f) such fur ther pa r t i cu la r s as m a y be prescribed. ( 2 )

(2) Every such applicat ion shall be accompanied b y -

(a) a s t a tu to ry declarat ion by such wholesale dealer ver ifying the s ta tements and pa r t i cu la r s con­ta ined in such appl ica t ion; and

(b) the prescr ibed fee.

(3) If af ter the th i r t ie th day of J u n e in any y e a r any wholesale dealer in any manufac tured stock food or in any by-product proposes to sell any manufac tured stock food or by-product in addi t ion to those a l ready regis tered p u r s u a n t to this P a r t such wholesale dealer shall before commencing to sell such addi t ional stock food or by­produc t make with respect to the same a like appl icat ion for reg i s t ra t ion as hereinbefore prescr ibed.

(4) The reg is t ra t ion of any manufac tured stock food or by-product shall subject to this Act continue in force unt i l the th i r t ie th day of J u n e next following the da t e of reg is t ra t ion .

6 . (1) E v e r y vendor of any manufac tu red stock food or of any by-product shall securely and conspicuously affix a label in accordance with this section to every package containing the stock food or by-product.

(2) On every such label there shall be set out— (a) the name and place of business of t he wholesale

dealer who manufac tured or impor ted the stock food or by-product or who was p r imar i ly responsible for placing the same on the marke t in New South W a l e s ;

(b) the dis t inguishing name of the stock food or by-product ;

(c) the net weight of the contents of the package ; (d) the chemical analysis required by this Act to be

set out in the applicat ion for reg i s t ra t ion of such stock food or by-product, and

(e) such fur ther pa r t i cu la r s as may be prescribed.

(3) The par t i cu la r s requi red by this section to be set out on such label shall, notwi ths tanding any agreement to the cont rary , have effect as a w a r r a n t y by the vendor of the accuracy of such par t i cu la rs .

(4)

(4) The provis ions of subsections one and two of this section shall not apply in any case where a re ta i le r breaks a package labelled as herein provided of any such stock food or any by-product in order to sell por t ion of the stock food or by-product contained in the package without a l te r ing or adding to the stock food or by-product.

(5) This section shall extend so as to apply to any block, cake or slab of manufac tured stock food or by­product which is not contained in a package ; and for the purposes of such applicat ion a reference to the package containing the stock food shall be construed as a refer­ence to the surface of the block, cake or slab.

7. The p ropor t ion or amount of foreign ingredients which may be contained in any kind of stock food and the charac te r of such foreign ingredients may be prescr ibed by regulat ion.

8 . (1) E v e r y invoice, agreement , circular or adver­t isement re la t ing to stock food shall s tate specifically the mater ia l s of which such stock food consists.

I n this subsection the expression " a d v e r t i s e m e n t " does not include an adver t i sement displayed on a hoarding , poster , sign-board, sign-plate or i l luminated sign.

(2) Such s ta tement in any invoice, agreement , circular or adver t i sement as aforesaid shall, notwith­s tanding any agreement to the cont ra ry , const i tute a w a r r a n t y by the vendor t ha t such stock food consists solely of the mater ia l s so specified and contains no g rea t e r p ropor t ion or amount of foreign ingredien ts than is prescribed.

9 . E v e r y invoice, agreement , circular , or adver t i se-ment re la t ing to any manufac tured stock food or to by-products—

(a) shall s ta te specifically the original g ra in or mate r ia l s from which such food or by-products were p r e p a r e d ; and

(b) shall consti tute a w a r r a n t y by the vendor t ha t such food or by-products a r e p r e p a r e d only from the specified original g ra in or ma te r i a l s and also tha t such food or by-products a re suit­able as food for stock and in the case of any

agreement ,

agreement , circular or adver t i sement for the pa r t i cu la r kind of stock (if any) specified therein.

I n th is section the expression " a d v e r t i s e m e n t " does not include an adver t i sement displayed on a hoarding , poster , sign-board, sign-plate or i l luminated sign.

1 0 . Except in such cases or in such circumstances as may be prescribed, the vendor, upon the sale of any stock food (whether paid for a t the t ime of sale or not) shall at the time of sale or within seven days after delivery of the stock food or any p a r t thereof give to the purchase r an invoice containing the s ta tements required by this Act.

11. Any person who— (a) sells any stock food which contains a g rea te r

p ropor t ion or amount of foreign ingredients t han is p rescr ibed ;

(b) sells any stock food which does not consist solely of the mater ia l s or has not been p r e p a r e d solely from the or iginal g ra in or mate r ia l s specified in any invoice, agreement , circular or adver t i sement re la t ing t he r e to ;

(c.) sells any manufac tured stock food or by-product which—

(i) does not consist solely of the mater ia l s set out in the applicat ion for reg is t ra ­tion of such stock food or by-product ; or

(ii) is not regis tered in accordance with the provisions of this Act and the regula­t ions t he reunde r ; or

(iii) is not in accordance with the chemical analysis set out on the label ; or

(iv) is not in accordance with the s tandard prescr ibed there for ; or

(d) contravenes or fails to comply wi th any pro­vision of this P a r t of this Act,

shall be guil ty of an offence agains t this Act.

P A R T

P A R T I I I .

STOCK MEDICINES.

1 2 . (1) F o r the purposes of this P a r t there shall be const i tuted a B o a r d to be called the " S t o c k Medicines B o a r d . "

(2) The Board shall consist of—

(a) the persons holding for the t ime being under the Public Service Act, 1902, the office of the Chief Ve te r ina ry Surgeon of the Depa r tmen t of Agr icu l ture who shall be Cha i rman of the Board , the office of the Chief Chemist of the Depar t ­ment of Agr icul ture , and the office of the Director of Ve te r ina ry Research of the Depar t ­ment of Agr icul ture respect ively;

(b) a ve te r ina ry surgeon appointed by the Minister . (3) Subject to this Act the appoin ted member of

the Board shall hold office for a period of not more than two years , but shall be eligible for re-appointment if then qualified.

(4) The Minis ter m a y a t any t ime remove the appoin ted member of the Board .

(5) Any vacancy in the office of the appointed member of the Board shall be filled by the appoin tment of a qualified person there to .

(6) A quorum of the Board shall consist of not less t han two of the members thereof. A t any meet ing of the Board the Cha i rman shall have a del iberat ive vote and if the vot ing is equal shall have a second or cas t ing vote.

(7) Save as is otherwise prescribed, the Board may meet a t such t imes and places and may conduct i ts business in such manner as it th inks fit.

(8) The appointed member of the B o a r d shall be enti t led to be paid a fee of two guineas for each meet ing of the Board which he a t tends .

1 3 . (1) E v e r y wholesale dealer in any stock medi­cine shall within th i r ty days af ter the commencement of this Act or wi thin th i r ty days af ter the da te of his

commencing

commencing in business or t r ade as such (whichever is the l a te r da te) and thereaf ter in each year on or before the th i r t ie th day of J u n e make to the Under Secre ta ry of the Depa r tmen t of Agr icu l tu re an applicat ion for reg i s t ra t ion of such stock medicine in wr i t ing in or to the effect of the prescr ibed form set t ing out—

(a) his name and place of bus iness ; (b) the distinctive name of such stock medicine; (c) the place of manufac ture thereof and the name

of the manufac tu re r ; (d) (i) in the case of a stock medicine other than a

biological product—the prescr ip t ion thereof, tha t is to say, the actual prescr ip t ion to which such stock medicine is made, s ta t ing all the consti tuent p a r t s and their respective p ropor t ions and the const i tuents thereof which a re claimed to be active cons t i tuen ts ; and

(ii) in the case of a stock medicine which is a biological product—the composition thereof, tha t is to say, the specific organism or p ro ­duct or ingredient claimed to be the active pr incipal of such biological product and the concentrat ion of such organism, product or ingred ien t ;

(e) full direct ions for the use and applicat ion of such stock medicine and a s ta tement of the in­jur ies which it is intended or claimed to cure or alleviate or of the disease which it is intended or claimed to diagnose, cure, al leviate or p reven t or of the pa ras i t e or pest affecting stock which i t is intended or claimed to des t roy or of the improvement in condition or increase in capaci ty of stock which it is intended or claimed to effect (as the case may b e ) ; and

(f) such other m a t t e r s as are prescribed. (2) E v e r y such applicat ion shall be accompanied

b y -(a) a s t a tu to ry declarat ion by such wholesale dealer

ver ifying the s ta tements and pa r t i cu la r s con­ta ined in such appl ica t ion; and

(b) the prescr ibed fee. (3)

(3) If after the th i r t ie th day of J u n e in any yea r any wholesale dealer in any stock medicine—

(a) proposes to sell any stock medicine in addit ion to those regis tered under this P a r t , or

(b) a l te rs in any way the prescr ip t ion or composi­tion of any stock medicine regis tered under th is P a r t ,

such wholesale dealer shall before commencing to sell such addi t ional stock medicine or such stock medicine as so a l tered make with respect to the same a like applica­tion for reg is t ra t ion as hereinbefore prescribed.

(4) If af ter reg i s t ra t ion of any stock medicine the wholesale dealer in such stock medicine proposes to v a r y the directions for use and applicat ion of the stock medi­cine as contained in his appl icat ion for reg is t ra t ion he shall before commencing to sell such stock medicine notify in wr i t ing the Under Secre ta ry of the Depa r tmen t of Agr icu l ture of such proposed var ia t ion.

(5) The reg is t ra t ion of any stock medicine shall, subject to this Act, continue in force unti l the th i r t ie th day of J u n e next following the da te of regis t ra t ion .

1-4. The informat ion as to the prescr ip t ion or com­posit ion of any stock medicine contained in any applica­t ion for reg i s t ra t ion of such stock medicine shall be deemed confidential and shall not be disclosed by any member of the Boa rd or any officer of the D e p a r t m e n t of Agr icu l tu re to any other person without the au thor i ty in wr i t ing of the wholesale dealer in such stock medicine except in pursuance of this Act or so fa r as is necessary in respect of any proceedings for an offence ins t i tu ted or proposed to be ins t i tu ted under this Act.

1 5 . (1) E v e r y applicat ion for reg is t ra t ion of any stock medicine shall be submit ted by the Under Secre ta ry of the Depa r tmen t of Agr icu l tu re to the Boa r d for i ts r epor t and recommendat ion thereon.

(2) No stock medicine shall be regis tered by the said Under Secre ta ry unless the Board recommends t ha t the reg i s t ra t ion should be made .

(3) W h e r e the B o a rd recommends tha t an applica­t ion for reg is t ra t ion of a stock medicine should be refused

the

the recommendation shall be accompanied by a s ta tement of the grounds upon which such recommendat ion is based.

1 6 . (1) Where an applicat ion for reg is t ra t ion of a stock medicine is refused the Under Secre ta ry of the Depa r tmen t of Agr icul ture shall within seven days af ter the receipt by him of the recommendat ion of the B o a r d send by post to the appl icant a notice in wr i t ing set t ing out tha t the applicat ion has been refused and the g rounds of such refusal .

(2) The appl icant may within the t ime prescr ibed appea l aga ins t such refusal to a Dis t r ic t Court judge hav ing jur isdic t ion in the dis t r ic t within which the app l ican t ' s place of business is s i tuated.

(3) Such judge may summon witnesses, hear evidence and determine the m a t t e r having r ega rd to this P a r t of this Act, the regulat ions , the circumstances of the case and the public in teres t .

(4) The decision of such judge upon any such appeal shall be final, and shall be binding upon the Under Secre ta ry of the Depa r tmen t of Agr icu l ture and the appel lant , and shall be car r ied into effect accordingly.

(5) If in any decision under this section costs a re awarded, such costs may be enforced and recovered in like manne r to costs awarded in a judgment of the Distr ic t Court .

(6) A Dis t r ic t Cour t judge de termining any m a t t e r upon appeal under this section shall be assis ted by two assessors , who may advise such judge , but shall not be entit led to take any other p a r t in de te rmining the ma t t e r .

(7) One of such assessors shall be the Dean of the Facu l ty of Ve te r ina ry Science of the Univers i ty of Sydney or the person for the t ime being act ing in his place or where nei ther of those persons is available or willing to act as assessor a ve te r ina ry surgeon appointed by the Minister , and the other of such assessors shall be a ve te r ina ry surgeon appointed by the Minister .

(8) Each assessor shall for every day or por t ion of a day du r ing which he is engaged as such upon an appeal unde r this section be entit led to be pa id a fee of five guineas.

1 7 .

1 7 . (1) E v e r y package of a regis tered stock medicine shall bear thereon or on a label securely and con­spicuously affixed to the package the words " R e g i s t e r e d under the Stock Foods and Medicines Act, 1940."

(2) No such package or label shall bear thereon and no wr i t ten or p r in ted m a t t e r re la t ing to any regis­te red stock medicine shall contain any reference to this Act other than the words " R e g i s t e r e d under the Stock Foods and Medicines Act, 1940."

(3) A n y person who— (a) sells any package of a regis tered stock medicine

in respect of which any of the provisions of subsection one or subsection two are contra­vened; or

(b) publishes, circulates or d is t r ibutes or causes to be published, circulated or d is t r ibuted any wr i t t en or p r in t ed m a t t e r which contains any reference in contravent ion of subsection two of th is section,

shall be guil ty of an offence aga ins t this Act and shall be liable to a penal ty not exceeding fifty pounds .

1 8 . Any person who af ter the expira t ion of a per iod of six months af ter the commencement of this Act—

(a) sells any stock medicine which is not regis tered under this P a r t ;

(b) sells unde r the name of a regis tered stock medi­cine any stock medicine which does not conform with the regis tered prescr ip t ion or composition of such regis tered stock medicine; or

(c) sells any regis tered stock medicine in respect of which any claim or s ta tement as to i ts efficacy for use for any purpose other t han those s ta ted in the appl icat ion for reg i s t ra t ion of such stock medicine has been made by h im or wi th his consent e i ther verbal ly or in any wr i t t en or p r in t ed m a t t e r re la t ing there to ,

shall be gui l ty of an offence aga ins t this Act and shall be liable to a penal ty not exceeding fifty pounds for a first offence and not exceeding one hundred pounds for any subsequent offence: P rov ided tha t no person other t han

the

the wholesale dealer in any regis tered stock medicine shall be deemed guil ty of any offence aga ins t the p ro ­visions of p a r a g r a p h (b) of this section unless i t is p roved tha t he k n e w tha t the stock medicine sold did not conform with the regis tered prescr ip t ion or composition.

1 9 . (1) Any wholesale dealer in any regis tered stock medicine who—

(a) sells unde r the name of such regis tered stock medicine any stock medicine which does not conform with the regis tered prescr ip t ion or composition of such regis tered stock medicine;

(b) publishes, circulates or d is t r ibutes or causes to be published, circulated or d is t r ibuted any wr i t t en or p r in ted m a t t e r containing any claim or s ta tement as to the efficacy of such reg is te red stock medicine for use for any purpose other t han those s ta ted in the applicat ion for regis­t ra t ion of such stock medicine;

(c) publishes, circulates or d is t r ibutes or causes to be published, circulated or d is t r ibuted any wr i t t en or p r in ted m a t t e r containing any claim or s ta tement with respect to such regis tered stock medicine which is false or misleading in any ma te r i a l par t icu la r ,

shall be guil ty of an offence agains t this Act, and shall be liable to a pena l ty not exceeding fifty pounds for a first offence and not exceeding one hundred pounds for any subsequent offence.

(2) If any wholesale dealer in any regis tered stock medicine is convicted of an offence agains t any of the provisions of subsection one of this section in respect of such stock medicine, the U n d e r Sec re ta ry of the Depar t ­ment of Agr icu l ture may on the recommendat ion of the Stock Medicines Boa rd cancel the reg i s t ra t ion of such stock medicine.

P A R T

P A R T IV.

GENERAL PROVISIONS.

20. (1) The Governor may, subject to the provisions of the Publ ic Service Act, 1902, appoint such inspectors, analys ts , bacteriologists and other persons as may be deemed necessary for the purposes of this Act.

(2) The Minis ter may by wr i t ing under his hand author ise any officer of the Public Service or member of the police force to exercise, ei ther general ly or in any par t i cu la r case or class of cases or for any specified place, all or any of the powers , author i t ies , duties and functions conferred or imposed on an inspector by th is Act .

Any person so author ised shall, when act ing within the scope of his author i ty , be deemed to be an inspector for the purposes of this Act.

21 . (1) Any inspector or any person duly author ised in tha t behalf under subsection two of section twenty of this Act may—

(a) enter and search any land, building, premises or place which he has reasonable grounds for believ­ing is used for the making, manufac ture , sale, s torage , del ivery or p r e p a r a t i o n for sale of any stock food or stock medicine;

(b) enter and search any vehicle, ship, vessel, aero­plane or other means of t r an spo r t which he has reasonable grounds for believing is used for the conveyance of any stock food or stock medicine in the course of t r ade , sale or de l ivery;

(c) examine any stock food or stock medicine found upon such land, building, premises , place, vehicle, ship, vessel, aeroplane or other means of t r a n s p o r t and open any package containing any such stock food or stock medic ine;

(d) take for analysis or examinat ion samples of any such stock food or stock medicine wi thout payment . The quan t i ty and na tu r e of samples and the p ropor t ion of the bulk from which such samples a re to be taken shall be as p resc r ibed ;

(e)

(e) seize any such stock food which is or appea r s to him to be unfit for use as a stock food;

(f) weigh, count, measure , gauge or m a r k any such stock food or any package containing the same so seized, and fasten, secure or seal the same and any door or opening giving access to the same.

(2) W h e r e any stock food or stock medicine is taken for analysis or examinat ion—

(a) the inspector or person duly author ised shall for thwith divide the sample into approximate ly three equal p a r t s : Prov ided tha t when any such stock food or stock medicine is made up in packages, three of such packages may be taken and dealt with as if they were the three p a r t s obtained by dividing the sample ;

(b) seal or fasten each such p a r t in such manner as i ts na tu re p e r m i t s ;

(c) place or affix to each p a r t a label s ta t ing the name so far as is known to h im of the occupier of or person appa ren t ly in occupation of the place or of the person appa ren t ly having possession, custody or control of the lot from which such sample was taken and the time and place of t ak ing ;

(d ) sign the label on each p a r t and submit it for s igna ture by the person mentioned in p a r a g r a p h (c) of this subsection who may, if he so desires, sign i t ;

(e ) deliver one of such p a r t s to the person mentioned in p a r a g r a p h (c) of this subsection, re ta in one of such p a r t s , and deliver the remain ing p a r t to an analys t for analysis or in the case of a stock medicine which is a biological p roduc t to a bacteriologist for examinat ion. Such delivery to an ana lys t or bacteriologist may be effected ci ther personal ly or in such other manner as may be prescr ibed.

2 2 . (1) W h e r e any stock food has been seized in pur suance of section twenty-one of this Act any just ice may thereupon g r a n t a summons calling upon the owner of the stock food or the person in whose possession

i t

it has been found to appea r before any police or s t ipen­d ia ry magis t r a t e or any two just ices in pe t ty sessions to show cause why the stock food should not be forfeited and destroyed.

(2) Upon the said owner or person so appear ing or, if af ter being so summoned he fails to appear , the said mag i s t r a t e or just ices may af ter inquiry into the mat te r and if satisfied by reasonable proof tha t the stock food is unfit for use as a stock food, adjudge such stock food to be forfeited and the same shall be destroyed.

2 3 . Any person who improper ly t amper s with any sample or p a r t of a sample taken under this Act shall be gui l ty of an offence agains t this Act.

2 4 . (1) Any inspector or other person duly authorised in t h a t behalf under subsection two of section twenty of this Act may a t any t ime requi re the buyer , whether by wholesale or retai l , of any stock food or stock medicine to s ta te the name and address of the person from whom he purchased such stock food or stock medicine and to furnish any other informat ion in connection with the purchase which such inspector or person may require and also to produce for inspection any invoice, agreement , c i rcular or adver t i sement given to him by the vendor.

(2) Any person who withholds any such infor­mat ion or who fails wi thout lawful excuse to produce such invoice, agreement , c ircular or adver t i sement shall be guil ty of an offence aga ins t this Act.

2 5 . (1) A n y analys t who analyses any stock food or stock medicine submit ted to h im in pursuance of th is Act for analysis or any bacteriologist who examines any biological product submit ted to him in pursuance of th i s Act for examinat ion m a y give a certificate in or to the effect of the form prescr ibed as to the resul t of the analysis or examinat ion.

(2) I n any legal proceedings unde r th is Act or the regula t ions the product ion of a certificate p u r p o r t ­ing to be signed by an ana lys t or a bacteriologist shall be p r ima facie evidence of the ident i ty of the stock food or stock medicine analysed or examined and of the resul t of the analysis or examinat ion wi thout proof of the s ignature of the person appea r ing to have signed the same.

2 6 .

2 6 . (1) I n the case of any conviction under this Act for any of the following offences, namely—

(a) an offence agains t the provis ions of p a r a g r a p h (a) of section eleven of this A c t ;

(b) agains t any of the provisions of section eighteen or section nineteen of this Act,

any stock food or stock medicine to which the conviction relates m a y by order of the court become and be forfeited to His Majesty. Such forfei ture may extend to the whole of the stock food or stock medicine as the case may be and to the whole of any similar ar t icle and to all packages containing any s imilar stock food or stock medicine belonging to the defendant or in his possession a t the time of commit t ing the offence.

(2) All stock foods and stock medicines forfeited under th is Act shall be disposed of as the Minis ter may direct.

2 7 . I n the case of any conviction unde r this Act in respect of any stock food or stock medicine which has been analysed by an ana lys t or examined by a bac­teriologist unde r this Act the Cour t may award the reasonable expenses of and a t t end ing such analysis or examinat ion aga ins t the defendant as p a r t of the costs of the prosecution.

2 8 . A n y person who prevents , delays, obstructs or h inders any inspector or pe r son duly author ised under subsection two of section twenty of this Act from or in the execution of his powers and duties under this Act shall be guil ty of an offence aga ins t this Act.

2 9 . If any person, who is not au thor i sed so to do, removes , erases , a l ters , breaks or opens any mark , seal or fastening placed by an inspector or au thor i sed pe r son upon any stock food or stock medicine or upon any door o r opening affording access to the same, he shall be guil ty of an offence agains t this Act.

3 0 . Any person who re takes or a t t empts to re take any art icle seized under this Act or ordered to be forfei ted unde r this Act shall be guil ty of an offence aga ins t this Act.

3 1 .

3 1 . A n y person who is guil ty of an offence against this Act or the regula t ions the reunder shall where 1 0 other penal ty is expressly provided therefor be liable to a penal ty not exceeding fifty pounds .

3 2 . Penal t ies imposed by this Act or the regulations shall be recoverable in a summary m a n n e r before a s t ipendiary or police mag i s t r a t e or any two justices in pe t ty sessions.

3 3 . (1) W h e r e a copy of a certificate given by a n analys t or bacteriologist under this Act has been served upon a defendant who is charged with the commission of an offence agains t the provisions of this Act or the regulat ions it shall not be competent for the defendant upon the hea r ing of the charge to dispute the accuracy of any s ta tement contained in the certificate unless within seven clear days af ter service upon him of the copy of the certificate he has notified the Unde r Secre­t a r y of the Depa r tmen t of Agr icu l ture by letter for­warded by regis tered post tha t the accuracy of the certificate will be disputed at the hea r ing of the charge.

(2) Service of the copy of a certificate may be proved in the same manner as service of the summons.

3 4 . I n any legal proceedings under this Act the p ro ­duction of a certificate p u r p o r t i n g to be signed by the Unde r Sec re ta ry of the Depa r tmen t of Agr icu l ture t h a t any stock food or stock medicine is or is not regis­te red under this Act shall be p r ima facie evidence of the fact so certified wi thout proof of the s ignature of the said Unde r Secre tary .

3 5 . (1) The Governor m a y make regulat ions not in­consistent with this Act prescr ib ing all ma t t e r s which by th is Act a re requi red or pe rmi t t ed to be prescr ibed or which are necessary or convenient to be prescr ibed for ca r ry ing out or giving effect to the provis ions of th is Act.

(2) I n pa r t i cu la r and without prejudice to the genera l i ty of subsection one of this section the Governor m a y make regulat ions in respect of the following m a t t e r s : —

(a) prescr ib ing the weight or size of ba t t ens which may be used on bales of h a y ;

(b)

(b) proscr ibing s t anda rd quali t ies for stock foods specified in the regu la t ions ;

(c) prescr ibing the manne r in which the par t i cu la rs re la t ing to a manufac tured stock food or by-product or a stock medicine shall be wr i t ten on the package containing it or on a label affixed to the package and the manne r in which a label containing the pa r t i cu la r s shall be affixed to a package ;

(d) prescr ib ing the size and type of labels to be affixed to a manufac tured stock food or by­produc t or stock medicine;

(e) prescr ib ing forms for the purposes of this Ac t ; (f) prescr ib ing the fees to be pa id under this Ac t ; (g) prescr ib ing methods of analysis or examinat ion

for any stock food or stock medicine. (3) The regula t ions may prescr ibe a penal ty not

exceeding fifty pounds for any breach thereof. (4) The regula t ions shall—

(a) be published in the Gaze t te ; (b) take effect f rom the date of publication or from

a la te r date to be specified in such regu la t ions ; (c) be laid before both Houses of Pa r l i amen t within

fourteen s i t t ing days af ter publication if Pa r l i a ­ment is in session and, if not, then within fourteen s i t t ing days after the commencement of the next session.

If ei ther House of Pa r l i amen t passes a resolut ion of which notice has been given a t any t ime within fifteen s i t t ing days af ter such regula t ions have been laid before such House, disallowing any such regula t ion or p a r t thereof, such regulat ion or p a r t shall thereupon cease to have effect.

T E C H N I C A L