South Australian Consolidated Acts

DRUGS ACT 1908 - SECT 41

41—Inspection and sampling of drugs

        (1)         Any health surveyor, may at any time in the day time or at any time when work or business is being carried on therein, enter any manufactory, warehouse, store, building, or place where drugs are manufactured, exposed for sale, or kept or stored for the purpose of trade or commerce, and may require the owner or occupier, or the agent or servant of either of them, to show and permit the inspection of the vessels or other receptacles in which such drug is at the time kept, and all apparatus and utensils used in the preparation, sale, distribution or delivery of such drug, and may select, demand, and take, for the purpose of examination, or of analysis by an analyst, samples of such drugs on payment or tender of the fixed rate (if any) or the current market or a reasonable price therefor.

        (2)         If any such health surveyor shall apply to purchase any drug exposed or kept for sale, or on sale, on any premises or in any factory, warehouse, workshop, shop, or in any street or open place, or being carried for sale or delivery as may be selected by him, and shall tender not less than the fixed rate (if any) or the current market or a reasonable price for the quantity which he shall require for the purpose of analysis, not being more than shall be reasonably requisite, and the person exposing, keeping, or having the same for or on sale, or carrying the same for sale or delivery, shall refuse to sell the same to such health surveyor, such person shall be liable to a penalty not exceeding two hundred dollars: Provided that where any drug is exposed or kept for sale or on sale, or carried for sale or delivery in an unopened tin or packet, duly labelled, no person shall be required to sell less than the unopened tin or packet of such drug. In any prosecution under this section, if it be proved that the drug charged in the complaint was in the possession of the defendant it shall be presumed that it was exposed or kept for sale, or was on sale, or was being carried for sale or delivery (as the case may be) unless the defendant prove to the contrary.

        (3)         If any rates have been fixed by regulation for the payment for samples of any drug it shall not be necessary for any health surveyor to pay or tender any higher price for such sample.