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The Pure Food Ordinance, 1959 (East Pakistan Ordinance)

( Ordinance NO. LXVIII OF 1959 )

Chapter IV

INSPECTION AND SEIZURE OF FOOD

Power to seize food believed to be adulterated
37. (1) A person authorised, or an Inspector appointed, under section 34 may, at any time of the day or night excluding the hours between midnight and daybreak, inspect and examine-
 
 
 
 
(a) any living thing intended for human food which is, for the purposes of sale, in transit or at any place of delivery or storage or is in any manner for sale,
 
 
(b) any other food which has been, or is in the process of being, manufactured or is, for the purposes of sale, in transit or at any place of delivery or storage or is in any manner for sale,
 
 
 
 
(c) any ingredient used or kept for use, or any substance capable of being used, in the manufacture of such food, and
 
 
 
 
(d) any container used in connection with the manufacture or sale of such food.
 
 
 
 
(2) No person shall resist or obstruct any inspection or examination made under sub-section (1).
 
 
 
 
(3) If such person or Inspector making an inspection or examination under sub-section (1) has reason to believe that any living thing intended for human food or any other article of food, or any ingredient or substance inspected or examined under that sub-section is unsound, unwholesome or unfit for human food or is adulterated, or that any container used in connection with the manufacture or sale of such food is of such kind or in such state as to render any food manufactured or contained therein unwholesome or unfit for human food, he may seize such living thing or other article of food, ingredient or substance or such container.
 
 
 
 
Explanation.- (1) Meat subjected to the process of blowing shall be deemed to be unfit for human food.
 
 
 
 
(2) A container made of any corrodable metal or material, notified in this behalf by the Government as dangerous to health, which is used for the preparation of liquid tea for sale shall be deemed to be of the kind referred to in this sub-section.
 
 
 
 
(4) No person shall resist or obstruct any seizure made under sub-section (3).
 
 
 
 
(5) When any article, ingredient or substance which is believed to be adulterated is seized under sub-section (3), the person or Inspector seizing it shall forthwith separate therefrom such sample thereof as is reasonably requisite for division and disposal under the provisions of section 30, and shall thereupon divide and dispose of such sample in the manner provided in that section.
 
 
(6) When any living thing or other article of food, or any ingredient, substance or container is seized under sub-section (3), the person or Inspector seizing it may-
 
 
 
 
(a) remove such living thing or other article of food or such ingredient or substance and any container thereof, or
 
 
 
 
(b) instead of removing it place it in such safe custody as he thinks fit after marking and sealing it in the prescribed manner whenever possible,
 
 
 
 
in order that it may be dealt with under the provision of section 38 or section 39, as the case may be.
 
 
 
 
(7) No person shall resist or obstruct any removal made under clause (a) of sub-section (6) and no person shall remove any living thing or other article of food, or any ingredient, substance or container from the custody in which it is placed under clause (b) of sub-section (6), or interfere or temper with it while in such custody.

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