P.N.D.C.L.3058
Food and Drugs Act, /992
found with the article, and on the order being made the article or thing may be disposed of
as directed by the Court or tribunal.
(2) A person who removes, alters or interferes in any way with an article seized under
this Act without the authority of an authorised officer commits an offence.
38. Public analysts
(I) The Minister may, on the advice of the Board, and subject to article 195 of the
Constitution appoint on the terms determined by the Minister, a public analyst for every
district, qualified to undertake the analysis required under this Act.
(2) An authorised officer may submit an article seized by the officer or a sample of it to
a public analyst for analysis or examination.
(3) A public analyst shall as soon as practicable analyse or examine a sample sent to
the analyst in pursuance of this Act and shall give the authorised officer a certificate
specifying the result of the analysis or examination, which certificate shall be in the form
prescribed by the Minister after consultation with the Board.
(4) A person shall not be appointed a public analyst for the area where that person is
engaged directly or indirectly in a trade or business connected with the sale of drugs,
cosmetics, devices or chemical substances.
39. Quarterly reports of analysts
A public analyst shall submit a quarterly report through the District Chief Executive or
the Regional Co-ordinating Council to the Board on the number of articles which have
been analysed by the analyst under this Act, and the finding of the analysis.
40. Power of the Board to obtain particulars of certain ingredients
(I) The Board may direct a person who, at the date of the directive or at a subsequent
time, carries on a business which includes the production, importation or use of articles to
which this Act applies to furnish it, within the period specified in the directive, specified
particulars on the composition and use of the substance sold or for sale in the course of that
business, or used in the preparation of drugs.
(2) Without prejudice to subsection (I), directives made under subsection (I) may re
quire the following particulars to be furnished in respect of the substance:
(a) particulars of the composition and chemical formula of the substance,
(b) particulars of the investigations carried out by, or to the knowledge of, the
persons carrying on the business in question, to determine whether and to
what extent the substance used is injurious to, or in any other way affects
health, and
(c)
[Issue I]
particulars of the investigations or inquiries carried out by or to the knowledge of the person carrying on the business in question for the purpose of
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