Hong Kong Ordinances

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE - SECT 63

Provisions as to the taking of samples for analysis

(1) An officer who takes a sample under the provisions of section  62 of any
food, drug or substance for the purpose of analysis shall forthwith divide
such sample into 3 parts, each part to be marked and sealed or fastened up in
such manner as its nature will permit, and shall-

   (a)  with respect to one part of the sample comply with the provisions of
        subsection (2); and

   (b)  with respect to the remaining parts of the sample comply with the
        provisions of subsection (3): Provided that this subsection shall not
        apply to any sample taken for bacteriological examination. (Amended 59
        of 1970 s. 3)

(2) (a) If the sample was obtained by purchase from a dealer in the food, drug
or substance in question the officer shall give the one part to the vendor,
such vendor being permitted to select such part from the 3 parts.

   (b)  If the sample was obtained by purchase from an automatic machine-

        (i)    if the name and address (being an address in Hong Kong) of a
               person stated to be the proprietor of the machine appears on
               the machine, the officer shall give the one part of the sample
               to that person;

        (ii)   in any other case, the officer shall give the one part to the
               occupier of the premises on which the machine stands or to
               which it is affixed.

   (c)  If the sample is of any food, drug or substance consigned from outside
        Hong Kong and was taken by the officer before delivery to the
        consignee, the officer shall give the one part of the sample to the
        consignee.

   (d)  If the sample is of any food, drug or substance in transit from a
        consignor within Hong Kong to a consignee (whether within or without
        Hong Kong), the officer shall give the one part of the sample to the
        consignor.

   (e)  If none of the foregoing paragraphs of this subsection apply, the
        officer shall give the one part of the sample to the person appearing
        to him to be the owner of the food, drug or substance of which the
        sample was taken. (Amended 10 of 1986 s. 24)

(3) Of the remaining 2 parts of the sample, the officer shall, unless he
decides not to have an analysis made, personally submit one to the
public analyst, and retain the other for future comparison.

(4) In every case to which the provisions of subsection (2) apply, the officer
shall inform the person to whom the part of the sample is given that the
sample was taken for the purpose of analysis by the public  analyst.

(5) When any sample which has been taken for analysis consists of the contents
of an unopened package, the officer shall retain the packing material and, if
he decides to have an analysis made, deliver such sample, together with such
packing material and any label which may have been attached thereto at the
time when the sample was taken, to the public  analyst with the part of the
sample submitted in accordance with the provisions of subsection (3).

(6) Any part of a sample which under the provisions of this section is to be
given to any person may be given either by delivering it to him or to his
agent, or by sending it to him by post in a registered packet: Provided that
where, after reasonable inquiry, the officer is unable to find the person to
whom the part of the sample is to be given or to ascertain his name and
address, he may, in lieu of giving the part to that person, retain it.

(7) If it appears to the officer that any food, drug or substance of which he
has taken a sample for the purpose of analysis was manufactured or put into
its wrapper or container by a person (not being a person to whom one part of
the sample is required to be given by virtue of the provisions of subsection
(2)) having his name, and an address in Hong Kong, displayed on the wrapper or
container, the officer shall, unless he decides not to have an analysis made,
within 3 days after taking such sample, send to that person a notice informing
him that the sample has been taken by him and where the sample was taken or,
as the case may be, from whom it was purchased. (Amended 10 of 1986 s. 24)

(8) Where a sample taken under the provisions of section 62 has been analysed
by a public analyst, any person to whom a part of the sample was given in
accordance with the provisions of subsection (2) shall be entitled, on payment
of a fee of $1, to be supplied with a copy of the certificate given by such
public analyst under section 64.

(9) Any person who, for the purpose of advertisement, uses any certificate of
analysis obtained under the provisions of subsection (8) shall be guilty of an
offence.