Fertilisers Feeding Stuffs and Mineral Mixtures Act, 1955

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Powers of entry, inspection and taking of samples by authorised officer.

8.—(1) An authorised officer may at all reasonable times enter and inspect any premises, railway waggon, vehicle, ship, vessel or aircraft in which he has reasonable grounds for believing that any fertiliser, feeding stuff, compound feeding stuff or mineral mixture is manufactured for sale, kept or carried for sale or sold, and may examine and take samples and stock of any fertilisers, feeding stuffs, compound feeding stuffs or mineral mixtures, or of any materials capable of being used in the manufacture of fertilisers, feeding stuffs, compound feeding stuffs or mineral mixtures, which he finds in the course of his inspection.

(2) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred 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 ten pounds.

(3) A sample may be taken under this section in the prescribed manner or in any other manner.

(4) Where—

(a) a sample is taken under this section in the prescribed manner,

(b) the State Chemist or the Assistant State Chemist causes the sample to be analysed in the prescribed manner by any person acting under the direction of the State Chemist or the Assistant State Chemist, and

(c) the State Chemist or the Assistant State Chemist gives a certificate in the prescribed form of the result of the analysis,

evidence of the result of the analysis may be given in any legal proceedings, but, save as aforesaid, evidence of the result of an analysis of a sample taken under this section shall not be given in any legal proceedings.

(5) In any legal proceedings the production of a certificate, purporting to be under this section and to be signed by the State Chemist or the Assistant State Chemist, shall be sufficient evidence of the facts stated in the certificate and of the analysis having been duly carried out, unless either party requires the person who made the analysis to be called as a witness.