106 THE ANALYST. THE ADULTERATION PREVENTION ACT, (lSSO), AMENDMENT BILL. BE it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:- 1. The short title of this Act is “ The Adulteration Prevention Act, 1880, Amendment Act, 1883.” 2. This Act shall come into operation on th first day of December, one thousand eight hundred and 3. I n this Act, if not inconsistent with the context,- eighty- three. ‘‘ The said Act,” means “ The Adulteration Preventim Act, 1880 :” “ Inspector,” in addition to any inspector acting under the said Act, includes any other person appointed by a local authority to do or perform any act or duty which, under the said Act or this Act, may be done by or imposed upon an Inspector : ‘‘ Local authority ” means and includes any Borough Council, County Council, or Town Board, respectively constituted under any Act of the general assembly.4. After the passing of this Act no baker or seller of bread shall make, sell. or offer for sale any bread not made up into French loaves or batch loaves of two, four, six, or eight pounds in weight res- pectively. 5. If any baker or seller of bread shall sell or offer for sale any bread in any other manner than in French loaves or batch loaves of two, four, six, or eight pounds in weight he shall be liable to a penalty not exceeding five pounds. Nothing in this Act shall extend or apply to bread of the class known as fancy bread, 6. Every French loaf and batch loaf shall be stamped with the initials of the Christian name or names and surname of the baker by whom the same was baked, and also with a figuro or figures and letters indicating the weight of such loaf, as prescribed by this Act.Such initials shall be stamped in Roman letters at least one inch in length at the time of stamping, and such figure or figures shall be in Arabic numerals of like length at the time of stamping ; and every person baking or permitting to be baked any suchloaf without having stamped or caused to be stamped thereon such initials and weight as aforesaid shall be liable to a penalty not exceeding five pounds. 7. Any person who shall sell or offer for aale in any shop, store, or building, or in any street or open place of public resort, any French loaf or batch loaf whioh is not stamped in accordance with this Act shall be liable to a penalty for every such offence not exceedling five pounds.8. Any inspector may, and he is hereby required from time to time, to inspect all bread offered for a& or in course of delivery to customers within the limits of the districts for whicth such inspector hag been appointed or acts, and, if he shdl think fit, to weigh the same with fit and proper males and weights, or reciuire the same to be weighed by any baker or seller of bread who offers such bread for sale, or who is in the course of delivering the same to customers. 9. If any bread so sold or offered for sale Hhall be found deficient in weight, any such baker or seller of bread who shall so offend shall be liable to a penalty not exceeding five pounds. (1 .) But no baker or seller of bread shall be liable to the aforesaid penalty in respect of any stale bread.THE ANALYST.107 (2.) And if any baker or seller of bread shall sell any loaf or loaves of stale bread which may be found deficient in weight be shall make up such deficiency by adding thereto other bread ; and if any baker or seller of bread sell any stale bread de&ient in weight without making up sucih de- ficiency as aforesaid, he shall be liable to a penalty not exceeding five pounds. (3.) Stale bread ” means all bread that may haxe been manufactured for a period of twenty-four hours and upward8. 10. Every person who shall wilfully resist, impede, or obstruot any inspeotor appointed or acting under the provisions of this Act in the lawful execution of his duty, shall he liable to a penalty not exceeding ten pounds nor less than two pounds.11. Every local authority may appoint one or more officers of police, or any other person or persons to be an inspector or inspectors for the purposes of this Act, and every such inspector shall, within the district in or over whioh such local authority has jurisdiction, have and may exercise all the powers and authorities by the said Aat or this Act vested in an inspector. 12. In any oounty where the law for the time being in force constituting counties is not in opera- tion, or has been suspended in accurdance with such law, the power of appointing an inspector ahall vest in any authority or body having under such law the funotions or duties of the original County Council in any road district or town district constituted under any Act of the General Assembly.13. Notwithstanding anything oontained in the mid Act, any purchaaer of an artiole of food or of a, drug in any plaoe shall be entitled, on payment to an analyst appointed under the said Act of the fee prescribedfor analysis, to have such article analysed by suoh analyst, and to receive from him a certificate of the result of his analysis in the mode presoribed by the said Act. And, after suoh analysis has been made and a Certificate given as aforesaid, if it appear to such person that an offence has been committed against any provision of the said Act or this Act, he may take all proceedings necessary for the prosecution of the offender. 14. Any inspector may prooure any sample of food: or druga, and, if he suspect the same to have been sold to him contrary to any provision of the said Act or this Act, shall submit the same to be analysed by an analyst appointed under the said Act ; and suoh analyst shall, with all oonvenient speed, analyse the same and give a oertificafe to such inspector, wherein he shall specify the remlt of the analysis in the mode prescribed by the said Act.15. If any inspeotor shall apply to purahase any article of food or any drug exposed to sale or on aale by retail on any premises, or in any shop, store, factory, or place, or in any street or open plaoe of publio resort, and shall tender the price for the quantity which he shall require for the purpose of analysis, not being more than shall be reasonably requisite, and the person exposing the same for sale shall refuse to sell the same to suoh inspector, such person shall be liable to a penalty not exceed- ing ten pounds.16. It shall not be necessary, in any prosecution against the owner of any food or drug so exposed for sale as aforesaid for an offence under the last preceding section, to prove that an applioation to pur- chase as aforesaid, was made to such owner ; but it shall be sufficient to show that such applicction was made to any servant or person employed by such owner in any shop, store, factory, or place as aforesaid, or in oharge of such food or drug in any street or open place of publio resort. 17. Any person or inspector purchasing m y article with the intention of submitting the same to analysis shall, after the purchase has been completed, forthwith notify to,the seller or his &gent selling the article, his intention to have the same analysed by an analyst appointed under the said Act, and shall offer to divide the article into three parts, to be then and there separated, and each part to be marked and sealed, or fastened up in such manner as its nature will permit, and shall, if required to do so, proceed accordingly, and shall deliver one of the parts to the seller or his agent.He shall afterwards retain one of the said parts for future comparison, and submit the third pa&, if he deems it right to have the article andysed, to the adTst. 18. If the seller or his agent do not accept the offer of the purchaser to divide the article purchased in his presence, the analyst receiving the article for analysis shall divide the same into two parts, shall seal or fasten up one of those parts, and shall (tause it to be delivered, either upon receipt of the sample or when he supplies his certificate, to the purchaser, who shall retain the same for production in case proceedings shall afterwards be taken in the matter. 19.An article of food or a drug shall be deemed to be adulterated within the meaning of the said Act and this Act in the several cases mentioned and set forth in the first schedule hereto. 20. When any wines or spirits in bulk shall be imported into New Zedand any hspector may, without any payment, procure and take a sample or samples of such wines or spirits for the purposes of analysis._-__-_i- -s 108 THE ANSLYST.Such sample shall be taken before or at the time when such wines or spuits arc gauged by or under the direction of any officer of Customs ; and the inspector may for such purposes, and without any other authority than this Act, enter, by fume il! necessary, any warehouse, shed, building, or premises where such wines or spirits may be stored or kept. All proceedings may be had and taken, in respect of any such sample or samples as aforesaid, in like manner as if the =me had been purchased from the owner thereof, for the purpose of submitting the same to analysis, and the importer of such wines or spirits shall, for the purposes of this-Act, bc deemed the seller of such sample or samples. If upon analysis it shall be found that auch wineor Rpirits is adulterated within the meaning of the said Act or this Act, proceedings may be had and taken against the importer of the wines or spirits accordingly : Provided that no such proceedings shall be taken if the importer shall enter into a sdE- cient bond, to the satisfaction of the collector or other prinoipal officer of Customs at the port or place where such wines or spirits were imported, providing that the whole of the wines or spirits from which such sample or samples was or were taken shall be exported from the colony or destroyed within a time to be specified in the bond.If the importer fails to enter into such bond or to perfoim the obligation therein contained, the whole of the wines or spirits from which such sample or samples was or were taken as aforesaid shall be destroyed, in such manner as the Commissioner of Customs may in any case direct.21. The several articles mentioned in the second Schedule shall not exceed or be lees in strength, weight, quality, or quantity, or other requirement, as the case may be, than those mentioned in such Schedule. The Governor in Council may, from time to time, prescribe the strength, weight, quality, or quan- tity of any of the artiole of food or of any drug which shall be necessary to exempt the same from the operation of the said Act or this Act. 22. Any inspector may procure, without payment, at the place of delivery, any sample of any milk in course of delivery to the purchaser or consignee in pursuance of any contract for the sale to such purchaser or consignee of such milk, or niay obtain such sample, without payment, from any vessel or receptacle contained in any vehicle or means of conveyance carrying milk for sale or delivery.Such inspector, if he suspect the same to be adulterated, or to have been sold contrary to any of the provisions of the said Act or this Act, shall submit the same to be analysed, and the same shall be analysed, and proceedings shall be taken and penalties on conviction enforced in like manner in all respects 8s if such inspector had purchased the same from the seller or consiguor under any provision of the said Act or this Act. The onus of proving that such milk was not being delivered in pursuance of tl contract for sale or delivery as aforesaid, or was not being carried in any such vessel or receptacle for sale or delivery as aforesaid, shall be upon the person charged under this Act.23. The seller or consignpoor, or any porson intrusted by him for the time being with the charge of such milk, or the charge or control of any vehicle or means of conveyance carrying any vessel or receptacle containing milk, if he shall refiise to allow suoh inspector to take tho quantitywhich he shall require for the purpose of analysis as aforesaid, shall be liable to a penalty not exceeding ten pounds. 24. I n determining whether an offence has beencommitted against the said Act or this Act by selling t o the prejudice of the purchaser, spirits not adulterated otherwise than by the admixture of water, it shall be a good defence to prove that such admixture has not reduced the spirit more than twenty-five degrees under proof for brandy, whiskey, or rum, or thirty-five degrees under proof for gin. 25. In any prosecution under the provisions of the said Act or this Act it shall not be neoesmryto prove that the prescribed fee has been paid to the analyst. And in any such prosecution for an offence against the said Act or this Act in respect of any article of food or any drugwhich is not of the nature, substance, and quality of the article demanded by any purchaser, it shall be no defence to allege that the purchaser, having bought for analysis, was not pre- judiced by such sale. Neither shall it be a good defence to prove that the article of food or drug in question, though defective in nature, or in substance, or in quality, was not defective in all three respects. 26. All fees recovered for breaches of this Act or the said Act shall be paid to the local body having control in the district where the offence has been committed. 2;. All provisions of the said Act which are repugnant to or inconsistent with this Act are hereby repealed.