Section 47

A Medical Officer of Health or a public health auxiliary may at all reasonable times enter into and inspect any place which is used, or which he has reasonable grounds for believing to be used, for the sale, either wholesale or retail, of articles of food or drink intended for human consumption, or any place which is used, or which he has reasonable grounds for believing to be used, for the preparation or storage of such articles intended for sale, or search any cart or vehicle or any basket, sack, bag or parcel which he has reasonable grounds for believing to contain articles of food or drink intended for human consumption and may examine any such articles which are therein.

If it appears to such Medical Officer of Health or public health auxiliary that any such articles are unfit for human consumption, the articles shall be disposed of as the Commissioner may direct, and the proceeds, if any, retained pending an order from the Magistrate’s Court.

Any person who, without lawful excuse, has in his possession any article of food or drink intended for human consumption which is unfit for human consumption shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

A certificate under the hand of the Commissioner may be accepted by a Magistrate’s Court as sufficient evidence that such articles were unfit for human consumption at the time of seizure.

If a Magistrate’s Court finds that the articles seized were fit for human consumption, it shall order that such articles or such portion thereof as may be in good condition shall be returned to the owner or to the person in whose possession the articles were found and may order payment to such owner or person of such reasonable amount as the Court considers will compensate him for any loss or depreciation that has been caused by the seizure.[48