194

Auckland Provincial Government Gazette.

Her Majesty’s subjects, and to prevent the selling of or exhibiting for sale adulterated or unwholesome provisions, food or drink of any kind—

BE IT THEREFORE ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows, that is to say—

Short Title.

1. The Short Title of this Act shall be “The Adulteration of Food Act, 1866.”

Governor may appoint Colonial Analyst.

2. The Governor may from time to time, as occasion may require, appoint a person possessing competent knowledge to be the Colonial Analyst under this Act, and may pay to him such money as salary as may be appropriated for such purpose, and shall from time to time give notice in the New Zealand Gazette whenever any such appointment shall be made, and of the residence or place of abode of the person appointed and such analyst shall hold office during the Governor’s pleasure.

Superintendents may appoint and remove local Analysts.

3. It shall be lawful for the Superintendent of any Province from time to time, within his Province, to appoint and remove such skilled persons as local Analysts under this Act as he shall think fit, and from time to time give notice in the Provincial Government Gazette whenever any such appointment shall be made and of the residence or place of abode of any person appointed.

Penalties on persons selling, or exhibiting or offering for sale adulterated or unwholesome articles of food or drink.

4. Every person who shall make, manufacture, sell, or exhibit or offer for sale, any articles of food or drink which are adulterated or not pure, whether such articles of food or drink shall or shall not by reason of such adulteration or such impurity be rendered deleterious to health, and any person who shall make, manufacture, sell or exhibit or offer for sale, any article of food or drink enclosed in or bearing any cover, capsule, wrapper, label, seal, or enclosure, or imprint or mark by which such article is made to represent that which it is not, shall for every such offence, on a summary conviction of the same before two Justices of the Peace, forfeit and pay a penalty not exceeding ten pounds, together with such costs attending such conviction as to the said Justices shall seem reasonable, or be imprisoned for any period not exceeding one month, and every person so convicted shall forfeit the articles of food or drink in respect of which such conviction shall have taken place.

Seizure of Article.

And it shall be lawful for the said Justices to seize or cause to be seized any article of food or drink as to which any such offences shall have been committed. Provided it shall be lawful for any maker or manufacturer of articles of food or drink to mix or compound such articles as are innocuous and wholesome, and to sell or offer for sale such mixed or compounded articles properly marked and labelled as such, but not otherwise. Provided also that the seller of any article of food or drink, not being the maker or manufacturer of such article nor his accredited agent, shall not be liable to any penalty under this Act, if he shall prove to the satisfaction of the said Justices that he had no grounds for believing that such article was adulterated or impure, and if such article had not been previously notified in the New Zealand Gazette, and Gazette of the Province in which such seller shall reside, to be adulterated or impure.

Justices may publish the names of offenders, &c.

5. If any person so convicted shall afterwards commit the like offence, it shall be lawful for the Justices before whom the second conviction shall take place, to cause such offender’s name, place of abode, offence, and the penalty imposed, to be published at the expense of such offender, in some newspaper published or circulating within the Province in which the offence has been committed, and the expenses of such publication shall be recoverable in the same manner as costs are recoverable.

Articles to be forwarded to Analyst through Resident Magistrate.

6. When any Colonial Analyst is appointed under the second section of this Act, it shall be lawful for any purchaser of any article of food or drink to take the same to the office of the Resident Magistrate of the district in which such article was purchased, and on payment of such sum, not exceeding five pounds, as the Resident Magistrate shall direct, he shall be entitled to have such article sent under the seal of the Resident Magistrate’s Court to the Colonial Analyst to be analysed by such officer, and to receive from him a certificate of the result of his analysis, and such certificate duly signed by such officer, or by his authority, shall, in the absence of any evidence to the contrary, be sufficient evidence before the Justices or in any Court of Justice, of the matters therein certified, and the sum so paid for such analysis and certificate, in case of conviction, may be ordered by the Justice to be repaid to the complainant by the party convicted.

Purchaser, on payment to Analyst, may obtain analysis.

7. Any purchaser of any article of food or drink in any part of the Colony of New Zealand shall be entitled, on payment to the local Analyst of a sum not less than ten shillings and six pence, and not more than forty-two shillings, to have any such article analysed by such officer, and to receive from him a certificate of the result of his analysis, and such certificate, duly signed by such officer or by his authority, shall, in the absence of any evidence to the contrary, be sufficient evidence before the Justices or in any Court of Justice, of the matters therein certified, and the sum so paid for such analysis and certificate in case of conviction, may be ordered by the Justices to be repaid to the complainant by the party convicted.

Purchaser to prove that vendor had notice of intention to analyse.

8. On the hearing of the Justices by any complaint under this Act, the purchaser shall prove to the satisfaction of such Justices that the seller of the article of food or drink alleged to be adulterated, or his servants, had such notice of the intention of the purchaser to have such article analysed, and also such opportunity of accompanying the purchaser to the office of the local Analyst as the Justices shall think reasonable, or of knowing that the said article was properly packed and sealed, and committed to safe custody for transmission without delay to the Colonial Analyst, in order to secure such article from being tampered with by the purchaser.