View report page

191
(2.) The person having the custody of the lands or premises named in the
warrant shall, at any reasonable time, afford all such facilities as the Medical
Officer of Health may reasonably require to enable him, by an assistant
or otherwise, to search for, seize, and carry away the article of food.
(3.) If, as the result of a search, on the authority of a warrant granted
in pursuance of subdivision (1) of this Article, the Medical Officer of Health
finds and examines the article of food, and, on his examination, is of opinion
that the article of food is unsound or unwholesome, or unfit for human consumption,
he may himself or by an assistant seize and carry away the article
of food, or he may, by a notice in writing to the importer, or to the person
having the custody of the lands or premises, require that, until the article of
food has been examined by a Justice, the article of food shall not, without
the permission of the Medical Officer of Health, be removed from the place at
which the Medical Officer of Health has examined it, or from any other place
which he specifies in the notice.
(4.) 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 (3) 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 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.
(5.) On production of the warrant granted in pursuance of subdivision (1)
of this Article, and on the complaint of the Medical Officer of Health that an
article of food which has been seized and carried away in pursuance of the
warrant, or in relation to which a notice has been given in pursuance of subdivision
(3) of this Article 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 th e article of food is not intended for sale for
human consumption, the Justice shall make an order of dismissal of the