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(5.) Except where the Medical Officer of Health, at the request, or with the
consent of the importer, allows an article of food, in relation to which a notice
has been given in pursuance of subdivision (4) of this Article, to be removed
for immediate destruction under the supervision of the Medical Officer of
Health, or for the application and completion, under the like supervision, of
any such process as the Medical Officer of Health approves, and as will
effectually prevent the use of the article of food for human consumption, the
importer, the Master of the ship, or another person shall not, without the
permission of the Medical Officer of Health, remove the article of food from
the place at which the Medical Officer of Health has examined it, or from any
other place specified in the notice, until the article of food has been examined
by a Justice.
Powers, &c.,
of Justice in
relation to
unsound food.
Article V.—On the complaint of the Medical Officer of Health that an article
of food seized and carried away in pursuance of subdivision (4) of Article IV.,
or that an article of food in relation to which a notice has been given in
pursuance of that subdivision, is unsound or unwholesome, or unfit for human
consumption, a Justice, if satisfied, on his examination of the article of food,
and on the evidence adduced before him, that the article of food is unsound or
unwholesome, or unfit for human consumption, and that there is an absence
of proof that the article of food is not intended for sale for human consumption,
shall condemn the article of food and order it to be destroyed or disposed
of under the supervision of the Medical Officer of Health by such means and
in such a manner as to prevent its being used for human consumption.
Where, on any such complaint, a Justice, on his examination of the article
of food, and on the evidence adduced before him, is satisfied that the article of
food is unsound or unwholesome or unfit for human consumption, but that it
has been proved that the article of food is not intended for sale for human
consumption, the Justice shall make an order of dismissal of the complaint,
and shall, in that order, set forth the description of, and such other details as
will suffice to identify the article of food ; together with the name, description
and abode of the importer, and the name, description, and abode of the person
to whom the article of food is to be delivered ; and shall forthwith furnish
the Sanitary Authority with a copy of the order.
Powers, &c.,
of Medical
Officer of
Health and
Justice in
relation to
unsound food
in special
cases.
Article VI.—(1.) Where the Medical Officer of Health has reason to believe
that an article of food which has been landed within the District, and has not
been examined by the Medical Officer of Health, is deposited on any lands or
premises within the District, and access to the lands or premises at a reasonable
time, for the examination of the article of food by the Medical Officer of
Health, has been refused by the person having the custody of the lands or
premises, the Medical Officer of Health may make complaint to a
Justice.
The Justice may thereupon by a warrant authorise the Medical Officer of
Health to enter the lands or premises, and to search for, seize, and carry away
the article of food by an assistant or otherwise.