5. Power to demand, select and take samples
Feedback & supportLast amended by an amending law of 1973.
On payment or tender to any person selling or making any drug or to his agent or employee of the current market value of the samples in this section referred to, any officer may at any place demand and select and take or obtain samples of the drug for the purpose of analysis.
drug
“drug” means any substance or mixture of substances used by man as a medicine whether internally or externally, and includes anaesthetics, but does not include such substances or mixtures of substances when sold otherwise than for medicinal purposes, and also includes face powders, dusting powders and toilet preparations whether or not advertised or described as a drug and for whatever purpose sold;
Any such officer may require that person or his agent or employee to show and permit the inspection of the package in which the drug is at the time kept, and may take therefrom the samples demanded.
officer
“officer” means the Chief Executive of the Authority and includes any person who is appointed by him to exercise any of the powers of an officer under this Act;
Where any drug is kept for retail sale in an unopened package, no person shall be required by any officer to sell less than the whole of the contents of such package.
sale
“sale” or “sell” includes barter and exchange and also includes offering or attempting to sell or causing or allowing to be sold or exposing for sale or receiving or sending or delivering for sale or having in possession for sale or having in possession any drug knowing that the same is likely to be sold or offered or exposed for sale, and refers only to sale for human consumption or use.
Any person who refuses or neglects to comply with any demand or requisition made by an officer in pursuance of this section shall be guilty of an offence.