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Division of and dealings with samples.
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57.—(1) Whenever a sampling officer takes, otherwise than in pursuance of a sampling notice, in exercise of the powers conferred on him by this Part of this Act a sample of milk (not being milk which is contained in closed receptacles for sale retail in such receptacles) he shall divide such sample into two parts and put each part into a separate bottle and mark cork and seal such bottle in the prescribed manner and shall then proceed as follows, that is to say:—
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(a) where such milk when taken is under the actual control of the seller or consignor thereof or his agent, he shall—
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(i) if required to do so, deliver to such seller, consignor or agent, one of the said bottles;
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(ii) retain in the prescribed manner the other bottle and if he thinks fit, send it in the prescribed manner to a bacteriological examiner for examination of its contents;
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(b) where such milk when so taken is not under the actual control of the seller or consignor or his agent, he shall—
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(i) forward in the prescribed manner to the consignor one of the said bottles;
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(ii) retain in the prescribed manner the other bottle and if he thinks fit, send it in the prescribed manner to a bacteriological examiner for examination of its contents.
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(2) Whenever, in pursuance of a sampling notice a sampling officer takes, in exercise of the powers conferred on him by this Part of this Act, a sample of milk (not being milk which is contained in closed receptacles for sale retail in such receptacles) he shall divide such sample into two parts and put each part into a separate bottle and mark cork and seal such bottle in the prescribed manner and shall then proceed as follows, that is to say:—
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(a) where such milk when taken is under the actual control of the seller or consignor thereof or his agent, he shall—
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(i) if required to do so deliver to such seller, consignor or agent, one of the said bottles;
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(ii) send in the prescribed manner the other bottle to the medical officer who gave such sampling notice or, if such medical officer so requests in such sampling notice, send in the prescribed manner on behalf of such medical officer such other bottle to a bacteriological examiner for examination of its contents.
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(b) where such milk, when so taken is not under the actual control of the seller or consignor or his agent, he shall—
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(i) forward in the prescribed manner to the consignor one of the said bottles;
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(ii) send in the prescribed manner the other bottle to the medical officer who gave such sampling notice or, if such medical officer so requests in such sampling notice, send in the prescribed manner on behalf of such medical officer such other bottle to a bacteriological examiner for examination of its contents;
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(3) Upon receipt of a bottle containing a sample of milk taken in pursuance of a sampling notice, the medical officer may if he thinks fit send in the prescribed manner the bottle to a bacteriological examiner for examination of its contents.
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(4) The following provisions shall have effect in relation to the taking by a sampling officer in exercise of the powers conferred on him by this Part of this Act, of a sample of milk which is contained in closed receptacles for sale retail in such receptacles, that is to say:—
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(a) such officer shall take as such sample one of the said receptacles, and mark in the prescribed manner the receptacle so taken;
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(b) where such receptacle is not at the time it is taken under the actual control of the seller or consignor thereof or his agent, such officer shall deliver or send by post to such seller or consignor a notice that such receptacle was taken;
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(c) where such receptacle was not taken in pursuance of a sampling notice, such officer shall retain it, and, if he thinks fit, send it in the prescribed manner to a bacteriological examiner for examination of its contents;
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(d) where such receptacle was taken in pursuance of a sampling notice—
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(i) in case the medical officer who gave such notice so requests in such notice, such sampling officer shall send in the prescribed manner such receptacle to a bacteriological examiner for examination of its contents;
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(ii) in any other case, such sampling officer shall send in the prescribed manner such receptacle to such medical officer who may, if he thinks fit, send it in the prescribed manner to a bacteriological examiner for examination of its contents.
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(5) In any proceedings under this Act, a certificate purporting to be under the hand of a sampling officer who took a sample of milk in pursuance of a sampling notice that the provisions of sub-section (2) or sub-section (4) (whichever of the said sub-sections is applicable) of this section were complied with by him in relation to such sample shall be prima facie evidence of the matters so certified, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer.
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