Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)21. Time limits and other requirements in connection with prosecution |
| (1) | In any criminal proceedings under this Act the period between the service of the summons and the commencement of the trial shall not be less than ten days. |
(2)
| (a) | Subject to the provisions of paragraph (b), no prosecution for a contravention of a provision of this Act disclosed by the analysis or examination of a sample shall be instituted after sixty days, or in the case of a sample of a foodstuff declared by regulation to be a perishable foodstuff, after thirty days from the date on which the sample was obtained for the purpose of such analysis or examination. |
| (b) | The provisions of paragraph (a) shall not apply to proceedings against any person who furnished a warranty in respect of the article of which the sample in question was obtained. |
| (3) | A copy of any certificate or report furnished by an analyst on the analysis or examination of a sample and which the prosecutor intends to produce in evidence in any prosecution under this Act, shall be served on the accused with the summons. |
| (4) | If the accused has within three days after having been served as aforesaid with a copy of a certificate or report, demanded in writing that the analyst who furnished the certificate or report shall be called as a witness at the trial, and has paid or tendered to the prosecutor a sum of money sufficient to defray the expenses incidental to the calling and attendance of the said analyst as a witness, and if the prosecutor produces the certificate or report in evidence at the trial, the prosecutor shall call the said analyst as a witness at such trial. |
| (5) | The accused may, instead of requiring the calling of the said analyst as a witness, submit to him written interrogatories approved by the court, and such interrogatories and any reply thereto, purporting to be a reply from the said analyst, shall be admissible in evidence in the proceedings. |