Australian Capital Territory Repealed Acts

This legislation has been repealed.

FOOD ACT 1992 (REPEALED) - SECT 69

    (1)     A public health officer shall—

        (a)     take samples in accordance with any applicable standard; or

        (b)     where there is no applicable standard—take samples in accordance with this section.

    (2)     Where a sample is not taken in accordance with an applicable standard, the public health officer shall—

        (a)     divide the sample into 3 parts; and

        (b)     label and seal each part in such a manner as its nature permits; and

        (c)     deliver 1 part to the owner, agent, servant or person in charge of the food sampled; and

        (d)     retain 1 part for a future comparison; and

        (e)     submit 1 part to an analyst.

    (3)     Where—

        (a)     food is contained in a package; and

        (b)     the division of the food into 3 parts would not yield parts sufficient for accurate analysis;

the public health officer may take sufficient other packages containing food of that kind and mix the food together.

    (4)     Food mixed in accordance with subsection (3) shall be taken to be a sample for the purposes of this section.

    (5)     For the purposes of subsections (2) and (3), where food is in packages, a sample may be constituted by 1 or more packages.

    (6)     Subject to subsection (2), where a sample is constituted by more than 1 package, a part into which the sample may be divided under subsection (2) may consist of 1 or more packages.