South Australian Consolidated Acts

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DRUGS ACT 1908 - SECT 40

40—Officer or constable obtaining a sample of a drug in course of transit or during delivery to submit for analysis

        (1)         Any health surveyor may procure, without payment, at the place of delivery, or at any railway station or other place during transit, or upon the premises of or elsewhere in the possession of any person for the purpose of carriage, any reasonable quantity as a sample of any drug in course of delivery to the purchaser or consignee in pursuance of any contract or agreement for the sale to such purchaser or consignee of such drug; and such health surveyor may send or deliver the same to an analyst to be analysed; and after analysis proceedings shall be taken in like manner in all respects as if such health surveyor had purchased the same from the seller or consignor and as if the seller or consignor had sold the same to such health surveyor.

        (2)         If the seller or consignor, or any person entrusted by him, or either of them for the time being, with the charge of such drug, shall refuse to allow any such officer to take the quantity which such officer shall require for the purpose of analysis, he shall be liable to a penalty not exceeding two hundred dollars.



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