Health Act, 1947

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Regulations as to flock.

67.—(1) The Minister may make regulations—

(a) prescribing standards of cleanliness for flock either generally or as respects a particular type of flock,

(b) prohibiting the sale or keeping for sale, or use or keeping for use for the purpose of making bedding, cushions, articles of upholstery and similar articles of flock which does not conform with the prescribed standards.

(2) Regulations under this section—

(a) may provide for the enforcement and execution of the regulations by officers of the Minister, by health authorities and their officers and, with the consent of the Minister for Local Government, by officers of sanitary authorities,

(b) may provide for the empowering of specified persons (being authorised officers for the purpose of Part IX of this Act) to seize and remove, and to detain and destroy or have otherwise suitably disposed of flock which does not conform with the prescribed standards,

(c) may provide for the giving and taking (without payment) of samples of flock and the carrying out of tests, examinations and analyses of such samples,

(d) may prescribe the classes of persons to be responsible for the carrying out of tests, examinations and analyses of samples of flock and the means by and the manner in which such test, examination or analysis is to be made,

(e) may prescribe the certificate or other evidence to be given of the result of any test, examination or analysis and the classes of persons by and to whom such certificate or evidence is to be given,

(f) may provide that any certificate or other evidence prescribed under paragraph (e) of this subsection and given in respect of the test, examination or analysis of a sample shall as respects that sample be evidence for all purposes of the result of such test,

(g) may provide for the registration of premises in which flock is kept for sale or for use for the purpose of making bedding, cushions, articles of upholstery and similar articles.

(3) Wherever regulations made under subsection (1) of this section provide that any particular certificate or other evidence shall be evidence for all purposes of the result of a test, examination or analysis of a sample, such certificate or other evidence shall, as respects those samples, be accepted by all Courts of Justice as evidence of the result of such test and shall also be accepted by all Courts of Justice as evidence that such test was carried out under and in accordance with the regulations.

(4) Where a person is charged with having flock in his possession in contravention of regulations made under this section, any flock found in his possession shall, until the contrary is proved, be deemed to be intended for sale or for use in the manufacture of bedding, cushions, articles of upholstery or similar articles.

(5) If the defendant in any prosecution for an offence under this section proves—

(a) that he purchased the flock as of a standard of cleanliness which would not have contravened any regulation under this section and with a written warranty to that effect, and

(b) that he had no reason to believe at the time when he committed the offence with which he is charged that the flock did not conform with the prescribed standard of cleanliness, and

(c) that at the said time, the flock was in the same state as when he purchased it,

such defendant shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor unless he gave due notice to the said prosecutor that he proposed to rely on the said defence.

(6) A statement by the manufacturer, importer or seller of flock as to its standard of cleanliness, in an invoice or on a label attached to the flock or on the container in which the flock is sold shall be deemed for the purposes of paragraph (a) of subsection (5) of this section to be a warranty.

(7) Where it appears to the authority or officer enforcing regulations made under this section that an offence has been committed in respect of which proceedings might be taken under this section against some person but that such person could establish a defence under subsection (5) of this section by proving that the offence complained of was due to an act or default of some other person, such authority or officer may take proceedings against that other person without taking proceedings against the first-mentioned person.

(8) A person who contravenes a regulation under this section or who wilfully obstructs the execution of a regulation under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(9) In this section, the word “flock” includes—

(a) rag flock which is produced wholly or in part by tearing up woven or knitted or felted material or other like articles whether new or old, and

(b) hair, fibre, down, feathers, and other similar materials, whether new or old, used for making bedding, cushions, articles of upholstery or similar articles.