FOOD ACT 1984 - SECT 55 Mode of service of documents and certain samples

FOOD ACT 1984 - SECT 55

    (1)     Where under this Act a notice, order or other document is required or authorized to be given to or served on a person, the notice, order or other document may be given or served—

        (a)     by giving it to or serving it personally on the person or by leaving it at or sending it by post to the person at his usual or last known place of abode or business;

S. 55(1)(b) amended by No. 14/2001 s. 26(j)(i)–(iii).

        (b)     where it is addressed to the proprietor of any food premises, by leaving it with some adult person on the premises or, if there is no such person on the premises, by fixing it or a copy of it on some conspicuous part of the premises;

S. 55(1)(c) amended by Nos 10262 s. 4, 98/1997 s. 16(a).

        (c)     where it is addressed to the Secretary, by giving it to, serving it personally on or sending it by registered post to the Secretary;

        (d)     where it is addressed to a council, by giving it to, serving it personally on or sending it by registered post to the clerk of the municipality concerned.

    (2)     Where under or for the purposes of this Act a notice or a part of a sample of any food is required or authorized to be given or delivered to a person and the food in question was sold through a food vending machine, the notice or part of a sample shall be sufficiently given or delivered for the purposes of this Act if the notice or part is given or delivered personally to or sent by registered post to the person in whose name the machine is registered or, if the machine is not registered or is not required to be registered, to the proprietor of the premises on which the machine is located.

S. 55(3) inserted by No. 46/2008 s. 260.

    (3)     Instead of attending at any proceedings under this Act, a person who gives or serves any notice, order or other document under this Act may make an affidavit that—

        (a)     identifies and is endorsed on, or attached to, a true copy of the original notice, order or other document; and

        (b)     states the time and manner in which the original notice, order or other document was given or served.

S. 55(4) inserted by No. 46/2008 s. 260.

    (4)     A document purporting to be an affidavit under subsection (3) is to be received in any proceedings and is evidence of the statements contained in the document.

S. 56 amended by Nos 10262 s. 4, 20/1995 s. 17, 98/1997 ss 15 (ILA s. 39B(1)), 16(a), substituted by No. 14/2001 s. 31.