【法规名称】
【法规编号】 44100 什么是编号？
【正 文】
第6页 CAP 139D DAIRIES REGULATIONS
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[接上页] (3) An inspector who, under the provisions of paragraph (1), has taken a sample of any milk shall- (a) except where it is taken for bacteriological examination, forthwith divide such sample into three parts, each part to be marked and sealed or fastened up, and shall give one part of the sample to the licensee of the dairy and, of the remaining two parts of the sample shall, unless he decides not to have an analysis made, personally submit one of such parts to the public analyst and retain the other for future comparison; (b) where it is taken for bacteriological examination, unless he decides not to have such an examination done, personally submit the entire, undivided sample to the public analyst, marked and sealed or fastened up; and (c) inform the licensee or his agent, if such be the case, that the sample was taken for the purpose of analysis or bacteriological or other examination as the case may be, by the public analyst.(4) Any part of a sample which, under the provisions of this regulation, is to be given to any person may be given either by delivering the same to him or to his agent. (5) In any proceedings under these regulations in which any sample taken under the provisions of paragraph (1) is relevant, the part of the sample retained by the inspector, if any, shall be produced at the hearing. (L.N. 407 of 1990) Cap 139D reg 32 Certificate of analysis or bacteriological examination (1) Where a sample is submitted to the public analyst under regulation 31, he shall- (a) as soon as practicable, carry out or cause to be carried out under his direction, an analysis or bacteriological or other examination of such sample; and (b) give to the inspector by whom the sample was submitted a certificate in respect of the results of the analysis or bacteriological or other examination in the form specified in the Schedule.(2) A document referred to in paragraph (1) may be signed by the public analyst when any analysis or bacteriological or other examination has been made by a person acting under his supervision and direction and the public analyst is satisfied as to the analysis or bacteriological or other examination. (L.N. 407 of 1990) Cap 139D reg 33 Evidence of analysis or bacteriological examination In any proceedings under these regulations, a document- (a) produced by the prosecution purporting to be a certificate given by the public analyst under regulation 32 in the form specified in the Schedule; or (b) supplied to the defendant by the prosecution, purporting to be a copy of such a certificate,shall be admissible in evidence- (i) as prima facie evidence of the facts stated therein; and (ii) as having been signed by the person whose signature appears thereon, unless the contrary is proved,unless in the case referred to in paragraph (a) the prosecution or the defendant requires that the public analyst shall be called as a witness. (L.N. 407 of 1990) Cap 139D reg 34 Proceedings on summons (1) In any proceedings in respect of an offence under these regulations- (a) the relevant summons shall not be made returnable sooner than 14 days after the day on which it is served; (b) if the prosecution intends to produce a certificate given by the public analyst under regulation 32, a copy of that certificate shall be served with such summons; and (c) if the defendant intends to require the person purporting to have signed the certificate to be called as a witness, he shall, not less than 3 clear days before the day on which the summons is returnable, give the prosecution notice of his intention.(2) Where paragraph (1)(b) is not complied with, the court or magistrate may- (a) order an adjournment on such terms, if any, as it or he thinks fit; (b) exclude the certificate; or (c) admit the certificate subject to such terms and conditions, if any, as it or he thinks fit.(3) Where paragraph (1)(c) is not complied with, the court or magistrate may- (a) order an adjournment on such terms, if any, as it or he thinks fit; or (b) admit the certificate subject to such terms and conditions, if any, as it or he thinks fit. (L.N. 407 of 1990) Cap 139D reg 35 Presumption as to human consumption In any proceedings relation to the contravention of regulation 23(1)(b) or (2)(b), milk that is sold from or kept in the dairy shall be presumed, unless the contrary is proved, to have been sold or to be intended for sale for human consumption. (L.N. 407 of 1990) Cap 139D SCHEDULE [regulations 32 & 33] CERTIFICATE OF *ANALYSIS / BACTERIOLOGICAL EXAMINATION I, the undersigned, being a public analyst, do hereby certify that- (a) on the ................. day of ......................., 19 ........, a *sealed/fastened up packet marked .................................................................................................................. said to contain a sample of milk, was delivered to ...................................................... ........................................................... by ............................................................... |
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