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PART IIIADMINISTRATION AND ENFORCEMENT

Sampling and analysis

Public analysts

36.—(1) Every district council shall appoint in accordance with the provisions of this Article one or more than one person (in this Order referred to as “public analysts”) to be analysts of food and drugs within the district of the council.

(2) A person shall not be appointed a public analyst unless he possesses—

(a)such qualifications as may be prescribed; or

(b)such other qualifications as the Department may approve.

(3) A person who is engaged directly or indirectly in any trade or business connected with the sale of food or drugs in any district shall not be appointed public analyst for that district.

(4) A district council shall pay to a public analyst such remuneration as may be agreed upon by the council and the analyst, and that remuneration may be expressed to be payable—

(a)in addition to any fees received by the analyst under this Order; or

(b)on condition that any fees received by the analyst under this Order are paid over by him to the council.

(5) A district council which appoints only one public analyst may appoint also a deputy to act during any vacancy in the office of public analyst, or during the absence or incapacity of the holder of the office, and the provisions of paragraphs (2) to (4) shall apply in relation to a deputy public analyst as they apply in relation to a public analyst.