law: Prevention of Food Adulteration Act, 1954
  11. Procedure to be
  
  followed by Food Inspectors. -
  (1) When a Food
  
  Inspector takes a sample of food for analysis, he shall-
  (a) Give
  
  notice in writing then and there of his intention to have it so analyzed to the
  
  person from whom he has taken the sample and to the person, if any whose name,
  
  address and other particulars have been disclosed Sec. 14-A:
  (b)
  
  Except in special cases provided by rules under this Act, divide the sample
  
  then and there into three part and mark and seal or fasten up each part in such
  
  a manner as its nature permits and take the signature or thumb impression of
  
  the person from whom the sample has been taken in such place and in such manner
  
  as maybe prescribed:
  Provided that
  
  where such person refuses to sign or put his thumb impression the Food
  
  Inspector shall call upon one or more witnesses and take his or their signature
  
  or thumb impressions, as the case may be, in lieu of the signature or thumb
  
  impression of such person;
  (C)(i) 
  
  Send one of the parts for analysis to the public analyst under Intimation to
  
  the Local (Health) Authority: and
  (ii)
  
  Send the remaining two parts to the Local (Health) Authority for the purposes
  
  of sub-section  (2) of this section of sub-Sections (2-A) and
  
  (2-F,) of Sec.13.
  (2) Where the part of
  
  the sample sent to the public analyst under sub- clause (i) of Cl. (c) of'
  
  sub-section (1) is lost or damaged, the Local (Health) Authority shall,
  
  on  a requisition made to it by the public analyst or the Food
  
  Inspector dispatch one of the parts of the sample sent to it under sub-
  
  clause  (ii) of the said C1. (C) To the public analyst for analysis.]
  (3) When a sample of
  
  any article of food 1[or adulterant] is taken under sub- section (1) or
  
  sub-section (2) of Sec. 10. 2[the Food Inspector shall, by the immediately
  
  succeeding working day, send a sample of the article of food or adulterant or
  
  both, as the may be,] in accordance with the rules prescribed for shambling to
  
  the public analyst for the local area concerned.
  3[(4) An article of
  
  food seized under- sub-section (4) of See, 10,'Unless destroyed under
  
  sub-section (4-A) of that section, and any adulterant seized under sub-sections
  
  (6) of' the section, shall be produced before a Magistrate as soon as possible
  
  and in any case not later than seven days after the receipt of the  report
  
  of  the public analyst].
  Provided 4[* * *] that if an application
  
  is made to the Magistrate in this behalf by the person from whom any article of
  
  food has been seized, the Magistrate shall , by order in writing direct the
  
  Food Inspector to produce such article before him within such time as may be
  
  specified in
  5[(5) If it appears to
  
  the Magistrate on taking such evidence as he may deem necessary-
  (a) That
  
  the article of food produced before him under sub- section (4) is adulterated
  
  or misbranded he may order it-
  (i) To
  
  be forfeited to' the Central Government, the State Government or the local
  
  authority, as the case may be , or
  (ii) To
  
  be destroyed at the cost of the owner or the person from whom it was seized so
  
  as to prevent  its being used as human food; or
  (iii) (iii) To
  
  be so disposed of' as to prevent its being again exposed for sale or used for
  
  food under its deceptive name; or
  (iv) To
  
  be returned to the owner, on his executing a bond with or without sureties, for
  
  being sold under its appropriate name or, where the Magistrate is satisfied
  
  that the article of food is capable of being made to conform to prescribed
  
  standards for human consumption after reprocessing, for being sold after
  
  reprocessing under the supervision of such officer as may be specified in the
  
  order;
  (b) That
  
  the adulterant seized under sub-section (6) of Sec. 10 and produced before him
  
  is apparently of a kind which may be employed for purposes of adulteration and
  
  for the possession of which the manufacturer, distributor or dealer, as the
  
  case may be, is unable to account satisfactorily, he may order it to be
  
  forfeited to the Central Government, the State Government or the local
  
  authority, as the case may be.]
  (6) (6) 
  
  6[If it appears Io the Magistrate that- any such-
  (a)
  
  Article of food is not adulterated: or
  (b) Adulterant
  
  which is purported to be an adulterant is not an adulterant, The person from
  
  whose possession the article of food or adulterant was taken] shall be entitled
  
  to have it restored to him and it shall be in the discretion of the Magistrate
  
  to award such person from such fund as the State Government may direct in this
  
  behalf, such compensation not exceeding the actual loss which he has sustained
  
  as the Magistrate may think proper.
  STATE AMENDMENT
  Maharashtra. -
  
  In  Sec.11 of the principal Act in sub-section (5), in Cl. (a) for
  
  the words "local authority". the words "State Government" shall be substituted.
  
  7
  1. Ins. by Act 34 of
  
  1976, Sec.9 (w.e.f.  Ist April 1976).
  2. Subs. by ibid.,
  
  (w.e.f.) Ist April, 1976) .
  3. Subs. by
  
  ibid.,  Sec. 9 (w.e.f. Ist April. 1976), for sub -section (4)and first
  
  proviso.
  4. The word "further''
  
  omitted by ibid., Act 34 of 1976. Sec 9 (w.e.f. Ist April , 1976).
  5. Subs. by ibid., for
  
  the sub- section (5).
  6. Subs. by Act 34 of
  
  1976.  Sec. 9. for certain words.
  7. Vide Maharashtra
  
  Act, 1975 (L of 1975) ' published in the Maharashtra Government Gazette. 
  
  Pt.  IV, dated 16th'October. 1975 ('W.e.f. 11th April, 1977).