Public Health (Scotland) Act 1897 : 60 & 61 Vict. Ch. 38.

  • Great Britain.
Date:
1897]
Catalogue details

Licence: Public Domain Mark

Credit: Public Health (Scotland) Act 1897 : 60 & 61 Vict. Ch. 38. Source: Wellcome Collection.

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    the local authority may at all reasonable times enter any premises A.D. 1897. within the district of the local authority, or search any cart or vehicle, or any barrow, basket, sack, bag, or parcel, in order to inspect and examine and may inspect and examine (a) any animal, alive or dead, intended for the food of man which is exposed for sale, or deposited in any place or is in course of transmission for the purpose of sale, or of preparation for sale; and (6) any article, whether solid or liquid, intended for the food of man, and sold or exposed for sale, or deposited in any place or in course of transmission for the purpose of sale or of preparation for sale, the proof that the same was not exposed or deposited or in course of transmission for any such purpose, or was not intended for the food of man, resting with the person charged; and if any such animal or article appears to such medical officer or sanitary inspector or veterinary surgeon to be diseased, or unsound, or unfit for the food of man, he may seize and carry away the same himself or by an assistant, in order to have the same dealt with summarily by a sheriff, magistrate, or justice. Provided that in the case of any proceeding under this section with regard to a living animal the medical officer or sanitary inspector, unless he is himself a qualified veterinary surgeon, shall be accompanied by a veterinary surgeon approved as aforesaid. The police force of each police area shall have power to search carts or vehicles, or barrows, baskets, sacks, bags, or parcels, and to assist generally in executing and enforcing this section. (2.) If it appears to a sheriff, magistrate, or justice, that any animal or article which has been seized or is liable to be seized under this section is diseased, or unsound, or unfit for the food of man, he shall condemn the same, and order it to be destroyed or so disposed of as to prevent it from being exposed for sale or used for the food of man ; and the person to whom the same belongs or did belong at the time of sale or exposure for sale, or deposit or transmission for the purpose of sale, or of preparation for sale, or in whose possession or on whose premises the same was found, shall be liable to a penalty not exceeding fifty pounds for every animal or article, or if the article consists of fruit, vegetables, corn, bread, or flour, for every parcel thereof so condemned, unless he proves that he and the person acting on his behalf (if any) did not know, and could not with reasonable care have known, that it was in such a condition, or where the proceedings are before a sheriff, at the discretion of the court, if it finds that he has knowingly and wilfully committed the offence, he shall be liable without the infliction of a penalty, to imprisonment for a term of not more than three months with or without hard labour, and also to pay all expenses caused by the seizure, detention, or disposal thereof. Provided that if such person proves that the animal or part thereof condemned as aforesaid was within a reasonable time prior to the seizure thereof examined upon the premises where the animal was slaughtered and 'passed by a veterinary surgeon approved as aforesaid called in for the purpose, and who shall have