South Australian Consolidated Acts South Australian Consolidated Acts35—Diseased or unsound drugs may be seized or destroyed
If, on such inspection and examination, it appears to the health surveyor that
any drug is unsound or is unfit for human use or consumption, he may cause it
to be seized and carried away in order that it may be dealt with in a summary
manner, as follows, that is to say:
I. If the health
surveyor is satisfied that the drug is utterly unfit for human use or
consumption, and should forthwith be destroyed in order to prevent
offensiveness, illness or injury, he may, on the authority in writing of a
justice, cause it to be destroyed accordingly;
II. In any other case
the drug shall be kept to abide the order of the court in proceedings which
shall be forthwith taken against the person in whose possession or on whose
premises it was when seized;
III. If in such
proceedings it appears to the court that the drug so seized is unsound or is
unfit for human use or consumption, the court shall by order—
(a)
condemn it and direct it to be destroyed or otherwise disposed of, so as to
prevent it from being available for human use or consumption, at the expense
in all things of the defendant; and also
(b) fix
the expenses incurred in seizing and keeping the drug to abide the
proceedings, and require the defendant to pay the same; and may also
(c)
impose on the defendant a penalty not exceeding two hundred dollars;
IV. For all purposes
of this section it shall, until the contrary is proved, be presumed that the
drug was intended to be sold or prepared for sale for human consumption.