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06/06/2025
The Pure Food Ordinance, 1959 (East Pakistan Ordinance)

The Pure Food Ordinance, 1959 (East Pakistan Ordinance)

( Ordinance NO. LXVIII OF 1959 )

এই আইনটি নিরাপদ খাদ্য আইন, ২০১৩ (২০১৩ সনের ৪৩ নং আইন) দ্বারা রহিত করা হইয়াছে।

Chapter III

ANALYSIS OF FOOD

Right of purchaser to have article of food analysed or otherwise examined
28. (1) A person who has purchased any article of food shall, on payment of such fee as may be prescribed, be entitled to have a sample of such article analysed or otherwise examined by the public analyst appointed for the area in which the purchase was made, and to receive from such public analyst a certificate in the form provided in the Schedule, specifying the result of the analysis or examination.
 
 
 
 
(2) No person shall display any such certificate or copy thereof on his premises or use such certificate or copy thereof as an advertisement.
Compulsory sale or surrender of samples of food for analysis or examination
29. (1) Any person authorised in this behalf by the Government or by a local authority empowered by the Government for this purpose may, in respect of any article of food or any ingredient used in the manufacture thereof or any substances capable of being so used-
 
 
 
 
(a) which is in the process of manufacture or is for sale or has been kept for use in the manufacture of any food, tender the price of such sample of that article, ingredient or substance as may be reasonably requisite for division and disposal under section 30, and may require that the sample be sold to him for the purpose of analysis or bacteriological or other examination;
 
 
(b) which, for the purposes of sale, is in transit or at any place of delivery or storage, demand such sample of that article, ingredient or substance as may be reasonably requisite for division and disposal under section 30, and may require that the sample be surrendered to him for the purpose of analysis or bacteriological or other examination.
 
 
 
 
(2) Any person having in his possession any article, ingredient or substance in respect of which a requisition is made under sub-section (1), shall sell or surrender, as the case may be, such sample thereof as may be so required.
 
 
 
 
(3) A person authorised under sub-section (1) may further require that any person having in his possession any article, ingredient or substance in respect of which a requisition is made under that sub-section shall sign a declaration in the prescribed form to the effect that the sample of such article, ingredient or substance which was so required has been so bought and sold or surrendered, as the case may be.
 
 
 
 
(4) A person authorised under sub-section (1) shall for the purposes of this section have right to enter any place through which an article of food passes in transit or any place where an article of food is to be given delivery of or is stored and to inspect any records in any such place.
 
 
 
 
(5) The price of any sample surrendered under sub-section (2) shall, in accordance with the rules, be payable by the Government or the local authority to the owner of the article, ingredient or substance from which the sample was surrendered, if the price is claimed by the owner in the prescribed manner and within one month from the date of the surrender.
Procedure for obtaining analysis or examination
30. A person who intends to have analysed or otherwise examined a sample referred to in section 28 or a sample sold or surrendered under section 29, as the case may be, shall-
 
 
 
 
(1) forthwith notify in writing his intention to the person who sold or surrendered the sample;
 
 
(2) divide the sample into three parts, and mark, seal or fasten each part in such manner as may be prescribed in presence of the person selling or surrendering the sample;
 
 
 
 
(3) (a) in the case of a sample purchased, offer one part to the person who sold the sample, or
 
 
 
 
(b) in the case of a sample surrendered, despatched by registered post one part to the consignor whose name and address appear on the container of the article, ingredient or substance sampled, together with a notice of the intention to have the sample analysed or otherwise examined or, if no such name and address appear thereon, retain the aforementioned part;
 
 
 
 
(4) retain one part for purposes of future comparison; and
 
 
 
 
(5) thereafter submit within seven days one part to the public analyst appointed for the area in which the sample was sold or surrendered.
Duty of public analyst to supply certificate of analysis
31. (1) Every public analyst to whom a sample has been submitted under section 30 for analysis or bacteriological or other examination shall-
 
 
 
 
(a) analyse or examine such sample or cause such sample to be analysed or examined;
 
 
 
 
(b) not later than 1[seven days in normal case and two days in case of emergency] after the date on which he receives the sample, deliver to the person submitting it a certificate in the form provided in the Schedule, specifying the result of the analysis or examination, as the case may be;
 
 
 
 
(c) send a copy of the certificate to the local authority concerned.
 
 
 
 
(2) For the purpose of computing the period of 2[seven days in normal case and two days in case of emergency] referred to in
 
 
sub-section (1), any day which is a public holiday within the meaning of section 25 of the Negotiable Instruments Act, 1881, shall be excluded.
 
 
 
 
(3) Any document purporting to be a certificate in the form provided in the Schedule and signed by a public analyst shall, in any inquiry, trial or proceeding under this Ordinance, be deemed to be sufficient evidence of the result of an analysis or examination made under this section.
Power of Courts to direct analysis
32. Notwithstanding anything contained in section 31 or in any other law for the time being in force, in any inquiry, trial or proceeding under this Ordinance-
 
 
 
 
(1) the Court, whether exercising its original, appellate or revisional jurisdiction and whether of its own motion or on the application of the complainant or the accused, may cause any article of food, or ingredient used in the manufacture thereof or substance capable of being so used, to be sent for analysis to the Director of Public Health Laboratory, Bangladesh, or to such other person as the Government may appoint by general or special order in this behalf.
 
 
 
 
(2) the said Director or person, as the case may be, shall analyse the article, ingredient or substance so sent, and shall submit to the Court a report specifying the result of the analysis and also specifying when so called upon by the Court whether any substance or ingredient in any article of food is innocuous or not;
 
 
 
 
(3) the said report shall be admissible in evidence in such Court; and
 
 
 
 
(4) the cost of such analysis shall be paid by the complainant or the accused, as the Court may direct.
Quarterly reports by local authorities and public analysts
33. As soon as may be after the last day of March, the last day of June, the last day of September and the last day of December in every year, there shall be submitted to the Government, in such form as may be prescribed and with respect to the preceding quarter of the year-
 
 
 
 
(1) by every local authority, a statement showing, in respect of the local area within its jurisdiction-
 
 
 
 
(a) the number of cases in which samples have been taken,
 
 
(b) the number of samples found by analysis to be adulterated,
 
 
 
 
(c) the number of cases in which prosecutions for adulteration have been instituted, and
 
 
 
 
(d) the result of prosecutions which have been completed during such quarter; and
 
 
 
 
(2) by every public analyst, a statement showing-
 
 
 
 
(a) the number of samples analysed by him, and
 
 
 
 
(b) the result of each analysis.
 
 

  • 1
    The words “seven days in normal case and two days in case of emergency” were substituted for the words “thirty days” by section 6 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)
  • 2
    The words “seven days in normal case and two days in case of emergency” were substituted for the words “thirty days” by section 6 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)
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