Section 4
Section 4
(1)
Any food officer may, at any reasonable time —
(a)
enter any premises where he has reasonable cause to believe any food is being prepared, preserved, packaged, stored, conveyed, distributed or sold and examine any such food and take samples thereof, and examine anything that he has reasonable cause to believe is being used, or capable of being used, for or in connection with such preparation, preservation, packaging, storing, conveying, distribution or sale;
Public Health (Food)
(b)
on payment or tender of the current market value of the food, select and take samples of such food for analysis by a food analyst:
Provided that where the food is kept for retail sale in an unopened package, no person shall be required to allow to be selected and taken less than the whole contents of such package;
(c)
without payment, at any place, demand, select and take samples of any food for analysis by a food analyst from any manufacturer making food for sale, or from any importer of any food;
(d)
require the inspection of the package in which any food mentioned in paragraph (c) is kept and to select and take therefrom the samples demanded;
(e)
stop, search or detain any vehicle in which he has reasonable cause to believe any food is being conveyed, and examine such food and take samples thereof;
(f)
open and examine any package which he has reasonable cause to believe contains any food;
(g)
examine and seize any books, documents or other records found on any premises mentioned in paragraph (a) which he has reasonable cause to believe contains any information relevant to the enforcement of this Act, and make or cause to be made copies thereof or take extracts therefrom;
(h)
seize and detain for such time as may be necessary any food or appliance by means of or in relation to which he has reasonable cause to believe any provision of this Act has been contravened;
(i)
demand the production of proof of identity, business licence or any other document which he considers relevant;
(j)
mark, seal or otherwise secure, weigh, count or measure any food or appliance, the preparation, preservation, packaging, storage,
Public Health (Food)
B.L.R.O. 4/2012 7
conveyance, distribution or sale of which is, or which he has reasonable cause to believe to be, contrary to this Act.
(2)
A food officer acting under this section shall, on demand, declare his office and produce his authority card.
(3)
A food officer shall forthwith release any food seized by him if he is satisfied that the provisions of this Act with respect to it have been complied with.
(4)
Where a food officer has seized any food and the owner or the person in whose possession the food was at the time of such seizure consents in writing to its destruction, the food may be destroyed or otherwise disposed of as such food officer may direct; and if such owner or person does not so consent, the food officer shall forthwith apply to a court for an order for the destruction or disposal of the food and the court shall thereupon make such order as it may think fit, notwithstanding that the owner or person has not been convicted of any offence in connection therewith.
(5)
Where a food officer has seized any food which is perishable in nature and the owner or the person in whose possession the food was at the time of seizure does not consent in writing to its destruction, such owner or person shall be liable for the storage of such food pending an order of the court.
(6)
Where any food or appliance has been seized and detained under subsection (1)(h) and the owner thereof has been convicted of an offence in connection therewith, the food or appliance may be destroyed or otherwise disposed of as the court shall direct.
(7)
Notwithstanding any other provision of this section, a food officer may destroy any food which he considers to be injurious to health or unfit for human consumption, the importation of which is prohibited, or which has been surrendered by the owner for destruction.
(8)
A food officer may send any food seized by him or any sample from it for analysis by a food analyst.
Public Health (Food)
(9)
Where the seizure of any food or appliance is made under subsection (1)(h), the food officer making the seizure shall forthwith give notice in writing of the seizure in Form 1 in the Schedule to the owner or to the consignor or to the agent of the owner of the food or appliance seized, if his name and address are attached thereto or are otherwise known to the food officer and such address is in Brunei Darussalam.
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