Food Amendment Act (1991)

THE GAZETTE OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA FOOD (AMENDMENT) ACT, No. 20 OF 1991 [Certified on 19th April, 1991] Printed rm the Order of Government Published as a Supplement to Part II of the Gazette of the Dem()cratic Socialist Republic of Sri Lanka of 19th April,· 1991 PRlmED AT THE IJEPARTMEITT OF GOVERNMEITT PRINTING, SRI LANKA TO BE PURCHASED ATTHE GOVERNMEITT PUBUCATIONS 8 UREAtJ, COLOMBO I Price: Rs. 6.75 . Postage : Rs. 4;50 Food (Amendment) Act, No. 20 of 1991 [Certified on 19th April, 1991] L.D.-0. 37/87 AN ACT TO AMEND 'l'HE Fooo Ac-r, No. 26 OF 1!180 BE it enacted by the Pariiament of the Democratic Socialist Republic of Sri Lanka as follows: 1. This Act may be cited as the Food (Amendment) Act, No. 20 of 1991. 2. Section 2 of foe Food Act, No. 26 of 1980 (hereinafter referred to as ihe "principal enactment") is hereby amended as follows:....!... ( i) in sulx;er.tion (1) of that section (a) by the substitution, for the words •• manufacture, import, sell or distribute any food-", of the words "manufacture, import, sell, expose for sale, store or distribute any food-"; (b) by the substitution, In paragraph (a) of that subsection, for the words " that has upon it ", of the words " that has in or upnn it " ; (c) by the substitution, in the marginal note to that section, for the words "1r.anufacture, importation, c;ale and distribution of food", of the WC1rds "manufacture, importation, sale, exposure for sale, storage and distribu­ tion of food. ••. (2) in subsection,'(2) of that section, by the substitution, for the .words "store for sale any food'', of the woi;ds -;, store any food". 3. Section 3 of the principal enactment is hereby amen ~;!<! as follows : . -{l) in subsection (1) of that section, by the substitution, for the words "label, package, treat, process, sell or advertise any food", of the words "treat, process, package, label, sell, store, expose for sale, import or advertise any food " ; (2) by the iddition, at the end of that section, of the ,following new subsection: " (3) the Chief Food Authority may, after giving the labeller or advertiser of any food nn opportunity of being heard, prohibit the labelling or advertising of such food in contravention of the provisions cf subsection (1) of this section.". Short tiUc. Amendment of section 2 of Act No. 26 of 1980. Amendment of section 3 of the principal enactment. Amendment of aection 5 of the principal enactment. Amendment ofsectiOIJ 7 of the principal enactment. Amendment of section 8 of the principal enactment. 2 Food (Amendment) Act, No. 20 of 1991 4. Section 5 of the principal enactment is hereby amended by the substitution, for Llie words " the Chief Food Authority or such other y,erwn authorized by him", of the words " the Food Authority or such other persrm authorized by that Authority ". 5. Section 7 cf the principal enactment is hereby amended as follows : ( a) ln snbsecticn (1) of that section, by the s;1listitution, for the words " licensed " and "licensing authority", of the words "registered" and "registering .rnthority ", respectiYely ; tb) in subscrt:on (2) of that section, by the substitution for the word "licence", wherever it occurs in that subsection, of the words "certificate of registra­ tion"; (c) by the substitution, in the marginal note to that section, for tbe word "licensing'', of the word " registration ". 6. Section 8 of the principal enactment is hereby amended in subsection (1) of that section as follows : , (a) (b) (c) in paragraph (a) of that subsection, by the sub­ stitution, for thP. words, " Director of Health Services ", of the words "Director-General of Health Services"; in paragraph (b) 0f that subsectio:'1, by the sub­ stitution, for the word. .. , '' Assistant Director of Heal'th Services", of the w'ords "Directbr (Environmental and Occupational Health) " ; in paragraph (d) of that subsection, by the .substitu­ tion, for the words, "The City A~alyst • \:,£ . the Colombo Municipality ; " of the words "The City · Analyst or AS'~ist.ant City Analyst of the Colombo Municip111ity ; " ; (d) in paragraph (Ii.) nf that subsection, hv the sub­ stitution, for the words "Bureau of Ceylon Stan­ dards", of the words "Sri Lanka Standards Institution" ; (e) in paragrai:,h (1:) of that subsecti,.m, by the sub­ stitution. for the words, "nominated by the . Minister'' ; of the words "nominated by the Minister, one of whom shall be a bacteriologist" ; Food (Amendment) Act, No. 20 of 1991 3 7. Section 10 of the principal en:ictment is nereby amended as follows :- . (1) in subsection (2) of that section (a) by the repel'] of paragraph (a) of that sub­ section, and the substitution therefor of the following paragraph : '' (a) A Municipality shall be (i) the Municipal Council constitut­ ed for that area ; or (ii) the Medical Officer of Health for that area, where the Munici­ . pal Council is vnnble fo execute its functions as Food Autho­ rity;"; (b) by the substitution, in sub-paragraph (ii) of paragraph (b) of that subsection, for the . words•.• the Medical Officer of Health for that area", of the words "the Medical Officer of Health or the Divisional Health Officer for that area" ; and (2) in subsection (3) of that section, by the substitution, for the words •' Superintendent of Health Services ·•, o! the words "Regio!lal Director of Health Services''. 8. Section 11 of the principal enactment is hereby amended as follow~...:. (1) in subsection (l) of that section, by the substitution, for .the words "The Director o! Health Services", 9f the words "The Director-General of Health Services"; (2) by the lnsertion, immediately after subsection (3) of that ~ection, oi. the following new subsection: " (3A) Subject to the provisions of subsection (3) the Chief Food Authority may, in case ot urgent necf'.ssity, give sucil directions as he may deem neces~ary, fo any Authorized Officer, regard­ ing the carrying into execution of aU or any of the provisions of this Act or regulations made there­ under and such Authorized Officer shnll comply with such directions with the :issistnnce of a Medical Officer of Hf'alth or a Div;~io~al Health Officer.". Amendment of section 10 of the principal enactment. Amendment of Section 11 of the principal enactment. Amendment of section 13 of the principal enactment. Amendment of section 14 of the principal sa~tment. Amendment of section 15 of the principal enactment. 4 Food (Amendment) Act, No. 20 of 1991 9. Section 13 of the principal enactment .is hereby amended in subsection (1) of that section (a) by the subsitution, for the words "any Medical Officer of Health, Food 'and Drugs Inspedor," o( the words " any Medical Officer of Health, Divisio­ nal Health Officer, Food and Drugs Inspector,"; (b) by the substitution, for the words "an Authorized Officer of a Food Authority", of the words " an Authorized Officer of one or mo~e Foo,! Authori­ ties."· 10. Section 14 of the principal enactment is hereby amended as follows : (1) in subsection (1) of that section (a) by the substitution, in paragraph (a) of that subsection, for the words "packaged or stored ", of the words " packaged, exposed for sale or stored " ; (b) by the substitution, in paragraph (d) of that subsection, for the words " Medical Officer of Health " of the words " Medical Officer of Health, Divisional Health Officer" ; (2) by the insertion, immediately after subsection (4) of that section, of· the following new snhscction : (4A) Information obtained by an Authorized Officer under subsection ( 4) shall not he disclosed E:xcept to a ·Government Depart· me11-t or to a Court in connection with the administration or enforcement of this Act." ; 11. ~ection 15 of the principal enactment is hereby amended as follows : (1) by the substitution, in subsections (1), (2) and (3) of that section for the word "Authority", where• ever it occurs in those subsections, of the words "Authorized Officer" ; Food (Amendment) Act, No. 20 of 1991 5 (2) by the insertion, immediately after subsection (3) of that section, oi the following new subsection: " (4) Notwithstanding the provisions of liUbsec· tion (3) the Magistrate may, at any time after infor­ mation is furnished to Court under subsection (2) direct the disposal in such manner as he thinks fit, of any article· seized, which is subject to speedy and natural decay.". 12. Section 16 of. the principal enactment is hereby amended as follows: ( l) in subsection (1) of that secti9n, by the substitution, for the word "shall ", of the word "may"; (2) in subsection (2) of that section, by the substitution, for the words "relavant Food Authority", of the words "Authorized Officer". 13. Section 17 of the principal enactment -is hereby amended in subsection (2) r:JI. that section, by the substi· tution, for the words "nn Additional Approved Analyst", ot the words "one Additional Approved Analyst or more.". H . Section 18 of the principal enactment is hereby amended as follows : (l) in subsection (1) o.! that section (a) by the substitution, in paragraph (a) of that subsectipn; for the words "not less than one thousand rupees and not exceeding five thou· sand rupees;'', of the words "not less than . five thousand rupees and not exceeding ten thousand rupees, " ; (b) 'by the substitution, in paragraph (b) of that subsection, for the words " not less than five hundred rupees and not exceeding one thousand rupees;", of the words "not less than five thousand rupees and not exceeding ·ten thousand rupees," ; (c) by the substitution, in subparagraph (i) of paragraph (c) of that subsection, for the words '' not less -than two hundred and fifty rupees and not exceeding five hundred rupees", of the words "not less than five hundred rupees and not exceeding thr~e tho\1S$d rupees " ; and Amendment of section 16 of the prindpal enactment. • Amendment of 3ection 17 of the principal enactment.· Amendment. of section 18 of the principal enactment. 6 Food (Amendment) Act, No. 20 of 1991 \d) Ly the substitution, in subparagraph (ii) of P\'\raf,Taph (c) of that subsection, for the words '' not less than five hundred rupees a;1d not exceeding one thousand rupees", of the words " not less than one thousand rupees and not exceeding five thousand rupe~s. ". (2) in subsection 2 of that section, by the substitution, in paragraph (b) of that subsection (a) for tJ1e words "cancel the licence (if any) issued to the person " of the words " cancel the licence or certificate of registration (if any) issued to the person " ; and (b) for the words "relevant licensing authority accordingly", of the words "relevant licensing authority or registering authority, accordingly". (3) by the addition at the end of that section, of the follmvi.ng new subsection : '' (3) (a) Where a person convicted of the offence of using any premises without first obt.aining a certificate of registration in respect thereof in terms of section 7 (I) of this Act continues to use such premises either b:1' himself or by any other person on his behalf not­ withstanding such conviction, the Magis­ trate may, upon application made for a closure order by the relevant Food .l\.uthority or any officer ;rnthc,rizecl by such Food Authority, order the closure of such premises or the discontinuance of the trade or business carried on therein until such time as such person obtains a certificate of registration in respect of such premises from such Food .~uthority. Food (Amendment) .4ct, No. 20 of 1991 7 (b) In any proceedings rElferred to in 1>3ragraph (a), a certificate signed by or on behalf of the Food Authority stating that the person mentioned in th~ certificate continues to use such premises without first obtaining a certificate of registration in respect thereof in terms of section 7 (1) of this Act, shall be prima facie evidence of the facts stated therein. (c) 'Nhere such person fails to comply with the closure order issued under paragraph (a) of this subsection, the Magistrate shall forthwith issue an order to the Fiscal of such Court .cequiring and authorizing such Fiscal to close· such premises and discontinue the trade or business carried on therein before a date specified in the order, not being a date earlier than three days nor later than seven days from the date of issue of such order. Such order shall serve as sufficient authority for the Fiscal to enter the premises with such persons as he may deem necessary to close such premises and discontinue the trade or business carried on therein.". 15. Sectioll 20 of the principal enactment is hereby amended as follows·: (1) in subsection (1) of that section, by the repeal of paragraph (b) of that subsection and the substitu­ tion therefor, of the following paragraph: " (b) after the expiration of three months, from the date of detection of that offence or where sampling is done, from the date . of sampl­ ing,"; f2) in subsection (2) of that section, by the omission of the words "withdr?.W the charge against the person charged with the offence and "· 16. Section 21 of the principal enactment is hereby amendec'I in subsection (1) of that section, by the substitu­ tion, for .the words "giving to the prosecution not less than three days' notice of his intention", of the words "giving notice to the prosecution of his intention on or before the first date of c::.lling of the case after service of summons, ". Amcnomeni of section 20 of the principal enactment. Ameudmeut of section 21. of the principal enactment. Amendment otsertion 23 ot the principal enactment. Amendment of section 24 of the principal enactmcnL Amendment of section 26 of the principal enactment. Repl1acement of section 29 of the principal enactment. 8 Fool ( 4mendment) Act, No. 20 of 1991 17. SP.clfon 23 of the principal enactment is hereby amended in subsection (2) of that section by the substitu­ tion, for the words" party paying to the Court the expenses f)f summonin g him", of the words "party deyositing in Court the expenses of summoning him including such fees 11s may be prescribed, payable to him.". 'i8. Section 24 of the principal enactment is hereby amenqed in subsection (1) of that section, by the substitu­ t.ion, for the words "at the time of the institution of the prc>s~cution ", of the words, "at the commencement of the inquiry". 19. Section 26 d the principal enactment is hereby 11mended in paragraph (a) of subsection (1) of that section, by the substitution, for the words " exposed or kept for ,;ale", of the words "exposed or kept for sale or stored,". 20. Section 29 of the principal enactment is hereby repealed and the following new section substituted there­ for: "Payments into and out otfund or local a11thority under this Act. I 29. (1) There shall be paid ( a) into the fund of a local authority, fines paid or recovered in respect of an offence under this Act or regulations . made thereunder in a prosecution i'nstituted by an Autho­ rized Officer of a Food Authority which is a local authority ; (b) out of the fund of the local authority expenses incurred by • such local authority in the administration of this Act. (2) It shall be lawful for the Court before which an off<:?nder ;s convicted of an offence under this Act, to direct in respect of any fine that may be imposed fur such offence that a sum not exceeding twenty five per­ centum of the fine recovered shall be awarded to the Authorized Officer who securf'S such conviction. ". < Food (Amendm-ent) Act, No. 20 of 1991 9 21. Section 30 of the principal enactment .is hereby amended by the substitution, for the words " Superintendent of Health Services " and " Medical Officer of Health ", of the words "Regional Director of Health Services", "Medical Officer of Health" or "Divisional Health Officer", respec­ tively. 22. Section 32 of the principal enactment is hereby amended in subsection (1) of that section, by the substitu­ tion, in subparagraphs (i), (ii) and (iii) of paragraph ( c) of that subsection, for the word "licence", of the words " certificate of registration ". 23. Section 33 of the principal enactment is hereby amended by the substitution, for the definition of " locJ1l authority " of the foJlowing definition : " Local authority" means any Municipal Council, Urban Council, Development Council or Pradeshiya Sabha and includes any Authority created and este.blished by or under any law to exercise, perform and dis­ charge powers, duties and functions corresponding to or similar to the powers, duties and functions exercised, per.formed or dischargea by any such Council;". 24. In the event of any inconsistency between the Sinhala and Tamil texts o( this Act, the Sinhala text shall prevail. Amendment of section 30 of the principal enactment. Amendment of section 32 of the principal enactment. Amendment of section . 33 of the principal enactment. Sinhala text to prevail m case of inconsistency