61.
| (1) The Authority may where it has reason to believe that any goods that are being sold do not conform to the standards and specifications laid down under section 12 of this Act
| | (a) authorize an officer in writing to obtain a sample of such goods
| | | (i) from any premises in which a manufacturer or trader of such goods are carrying on his business ; |
| (ii) from any premises where any such goods are being stored or exposed for sale ; or |
| (iii) from any vehicle in which such goods are being transported ; and |
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| | (b) issue a directive to the. manufacturer or trader from whose possession such sample was obtained, to refrain from selling or exposing for sale the goods concerned for a period to be specified in the directive, so however such period shall not exceed a period of six weeks from the date of the issue of such directive. | | |
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| (2) It shall be the duly of the officer who obtained the sample to forthwith submit it to an approved analyst for purpose of determining whether such goods conforms to the standards and specifications laid down under section 12, and the said approved analyst may, except in exceptional circumstances, submit his report to the Authority within a period not exceeding one month of the receipt of the sample. |
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| (3) On receipt of the report of an approved analyst, the Authority shall
| | (a) where it discloses that the goods concerned conforms to the standards and specifications laid down under section 12, forthwith remove the restriction imposed by the directive issued under subsection (1); or | | |
| | (b) where it discloses that the goods do not conform' to the standards and specifications laid down under section 12 of this Act and that such non conformity has resulted in the goods concerned being rendered unlit for any use or consumption, seize and detain such goods or consignment of goods as the case may be. | | |
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| (4) Where any goods or consignment of goods are seized and detained under paragraph (b) of subsection (3) from any manufacturer or trader as the case may be, such manufacturer or trader shall be guilty of an offence under this Act. |
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| (5) In a prosecution for an offence under this section, a certificate issued .under the hand of an officer authorized by the Director-General in writing to analyze any goods for the purpose of this section, staling the ingredients or the composition of the goods in relation to which the offence is alleged to have been committed, shall be admissible in evidence and shall be prima facie proof of the statements made therein |
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| (6) A prosecution for an offence under this section shall not be instituted except by or with the written sanction of the Director-General. |
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| (7) For the purpose of this section, an "approved analyst" means a person who is qualified to perform such function and approved by the Director-General. |
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Sri Lanka Consolidated Acts