Merchandise Marks Act, 1931

Prosecution of offences by certain local authorities.

19.—(1) Every offence under this Act mentioned in this Part of the Act may, in so far as the same relates to any imported goods being foodstuffs, be prosecuted by or at the suit of an authorised local authority as prosecutor.

(2) Any duly authorised officer of an authorised local authority shall be entitled (subject to the production by him of his authority in writing as such authorised officer) at all reasonable times to enter any premises on which he has reason to believe there are kept for sale any imported goods being foodstuffs to which a restriction on sale order applies and on paying or making tender of payments therefor take samples of any goods which appear to him to be such imported foodstuffs.

(3) It shall be the duty of a duly authorised officer of an authorised local authority who in exercise of the powers conferred on him by this section takes any samples—

(a) forthwith to notify the person on whose premises such sample is taken or his agent that such sample is taken in pursuance of this section, and

(b) if so required by such person or agent at the time of giving such notification, to select a second like sample or divide the sample taken by him into two parts, and to mark and seal and leave with such person or agent either the second sample or one part of the divided sample.

(4) Every person who obstructs or impedes any duly authorised officer of an authorised local authority in exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(5) The provisions of this Act relating to statutory defences shall not apply in the case of an offence under this section.

(6) Any expenses incurred by an authorised local authority under this section shall be defrayed in the same manner as expenses incurred by such authority in executing the provisions of the Sale of Food and Drugs Acts, 1875 to 1907.

(7) In this section the expression “authorised local authority” means a local authority authorised to appoint an analyst for the purposes of the Sale of Food and Drugs Acts, 1875 to 1907.