50Evidentiary provisions

50 Evidentiary provisions (1) For the purposes of this Act— S. 50(1)(a) amended by No. 60/2012 s. 61(a). (a) the onus of proof in any prosecution under this Act that any food was not sold, prepared for sale, conveyed or intended for sale or produced by way of primary food production for human consumption is on the person charged with the offence; S. 50(1)(b) amended by No. 98/1997 s. 18(1)(d). (b) any food found in any premises or other place or vehicle used for the sale or the handling for sale of food shall be presumed, until the contrary is proved, to be intended for sale for human consumption; S. 50(1)(c) amended by No. 60/2012 s. 61(b). (c) any food found in any premises or other place or vehicle used for the preparing for sale of food or for primary food production shall be presumed, until the contrary is proved, to be intended to be used in the preparation for sale of food or in primary food production; (d) service of a copy of an analyst's certificate with a summons may be proved in any manner in which service of the summons may be proved and, where proof of the service of the summons is by affidavit, by stating in the affidavit that a copy of the analyst's certificate was served with the summons; S. 50(1)(e) amended by No. 95/1986 s. 19(1). (e) each of the parts into which a sample of any food obtained for analysis under this Act is divided shall be presumed, until the contrary is proved, to be of uniform composition with the other parts; (f) any person whose name appears on or is attached to a package shall, unless the contrary is proved, be deemed to have manufactured, packed or imported that food; (g) it shall not be a defence to allege that the person instituting the prosecution is not the person who caused any analysis to be made for the purposes of the prosecution; (h) where the prosecution or proceeding relates to any food purchased for analysis it shall not be a defence that the part of the food retained for future comparison has from spontaneous natural causes deteriorated, perished or undergone a material change in its constitution; and S. 50(1)(i) amended by No. 68/2009 s. 97(Sch. item 59.10). (i) if an accused relies on any exception or provision contained in this Part the onus of proving the same shall be on him. (2) Where in respect of a prosecution for an offence against this Act a copy of an analyst's certificate— (a) if obtained on behalf of the informant, is served with the summons; or S. 50(2)(b) amended by Nos 95/1986 s. 19(2), 68/2009 s. 97(Sch. item 59.11). (b) if obtained on behalf of the accused, is given to the informant at least seven days before the return day of the summons— that analyst's certificate shall, on its production in the proceedings, be sufficient evidence of the matters stated in the certificate and of the facts on which they are based unless an order is made under subsection (3) or unless notice is given under subsection (4). (3) Where an analyst's certificate, a copy of which has been served or given as mentioned in subsection (2), is produced or it is proposed to produce such a certificate, the court, where it is satisfied (whether upon an application made to it or by any other means) that in the circumstances of the case the analyst who issued the certificate should be called as a witness in the proceedings, may order that the analyst be called as a witness by the party who produces or proposes to produce the certificate. S. 50(4) amended by No. 95/1986 s. 19(3). (4) Where in respect of a prosecution for an offence against this Act a copy of an analyst's certificate has been obtained on behalf of a party, another party may at least three days before the hearing give notice in writing to the first-mentioned party that he requires the analyst to be called as a witness. S. 50(5) repealed by No. 11/1995 s. 3(2). S. 50(6) inserted by No. 95/1986 s. 19(4), amended by No. 13/1994 s. 13(a)–(c), repealed by No. 20/1995 s. 15(2). S. 50AA (Heading) amended by Nos 60/2012 s. 62(1), 2/2017 s. 16(9), 44/2024 s. 19(1). S. 50AA inserted by No. 46/2008 s. 258, amended by Nos 60/2012 s. 62(2), 2/2017 s. 16(10), 44/2024 s. 19(2). 50AA Evidentiary certificate signed by the Secretary DH In any proceeding for an offence against this Act, a certificate signed by the Secretary DH stating any of the following matters is evidence of the matter— S. 50AA(a)(i) amended by No. 29/2011 s. 3(Sch. 1 item 40.2). (iii) a registration; (iv) a record or an extract from a record; (v) a register or an extract from a register; (c) on a stated day, or during a stated period, a stated person was or was not the holder of a registration; (d) on a stated day, or during a stated period, a registration— (i) was or was not in force; or (ii) was or was not subject to a stated condition; (e) on a stated day, or during a stated period, a registration was suspended; (f) on a stated day a registration was cancelled, varied, transferred or surrendered; (g) on a stated day, or during a stated period, an authorisation as an authorized officer or analyst was, or was not, in force for a stated person; (h) on a stated day, a stated person was given a stated order, notice or direction under this Act; (i) on a stated day, a stated requirement was made of a stated person; S. 50AA(j) amended by No. 2/2017 s. 8(1). (j) a stated amount is payable under this Act by a stated person and has not been paid; S. 50AA(k) inserted by No. 2/2017 s. 8(2). (k) a statement referred to in section 18D(1)(a) or 18F(1)(a), or a photograph of that statement, attached to the certificate was displayed on a stated day or during a stated period at a stated chain food premises or chain supermarket; S. 50AA(l) inserted by No. 2/2017 s. 8(2). (l) a menu or food label referred to in section 18D(1)(b) or 18F(1)(b), or a photograph of that menu or food label, attached to the certificate was a menu or food label in relation to a stated standard food item sold by a food business operating a stated chain food premises or chain supermarket on a stated day or during a stated period. S. 50AAB (Heading) amended by Nos 2/2017 s. 16(11), 38/2020 s. 44(1), 44/2024 s. 20(1). S. 50AAB inserted by No. 60/2012 s. 63, amended by Nos 2/2017 s. 16(12), 38/2020 s. 44(2), 44/2024 s. 20(2). 50AAB Evidentiary certificate signed by the Secretary DEECA or the chief executive officer of DFSV or PrimeSafe In any proceeding for an offence against this Act, a certificate signed by the Secretary DEECA, the chief executive officer of DFSV or the chief executive officer of PrimeSafe stating any of the following matters is evidence of the matter— (iii) a record or an extract from a record; (c) on a stated day, or during a stated period, an authorisation as an authorized officer was, or was not, in force for a stated person; (d) on a stated day, a stated person was given a stated order, notice or direction under this Act; (e) a stated amount is payable under this Act by a stated person and has not been paid. S. 50AB (Heading) amended by No. 60/2012 s. 72(5). S. 50AB inserted by No. 46/2008 s. 258, amended by No. 60/2012 s. 72(6). 50AB Evidentiary certificate signed by chief executive officer of a council In any proceeding for an offence against this Act, a certificate signed by the chief executive officer of a council stating any of the following matters is evidence of the matter— S. 50AB(a)(i) amended by No. 29/2011 s. 3(Sch. 1 item 40.3). (iii) a registration; (iv) a record or an extract from a record; (v) a register or an extract from a register; (c) on a stated day, or during a stated period, a stated person was or was not the holder of a registration; (d) on a stated day, or during a stated period, a registration— (i) was or was not in force; or (ii) was or was not subject to a stated condition; (e) on a stated day, or during a stated period, a registration was suspended; (f) on a stated day a registration was cancelled, varied, transferred or surrendered; (g) on a stated day, or during a stated period, an appointment as an authorized officer was, or was not, in force for a stated person; (h) on a stated day, a stated person was given a stated order, notice or direction under this Act; (i) on a stated day, a stated requirement was made of a stated person; S. 50AB(j) amended by No. 2/2017 s. 9(1). (j) a stated amount is payable under this Act by a stated person and has not been paid; S. 50AB(k) inserted by No. 2/2017 s. 9(2). (k) a statement referred to in section 18D(1)(a) or 18F(1)(a), or a photograph of that statement, attached to the certificate was displayed on a stated day or during a stated period at a stated chain food premises or chain supermarket; S. 50AB(l) inserted by No. 2/2017 s. 9(2). (l) a menu or food label referred to in section 18D(1)(b) or 18F(1)(b), or a photograph of that menu or food label, attached to the certificate was a menu or food label in relation to a stated standard food item sold by a food business operating a stated chain food premises or chain supermarket on a stated day or during a stated period. S. 50AC inserted by No. 46/2008 s. 258, substituted by No. 60/2012 s. 64, amended by Nos 2/2017 s. 16(13), 38/2020 s. 45, 44/2024 s. 21. 50AC Evidence of signatures A signature purporting to be the signature of the Minister, the Secretary DH, the Secretary DEECA, the chief executive officer of a council, the chief executive officer of DFSV, the chief executive officer of PrimeSafe, the chief executive officer of a declared authority, an authorized officer or an analyst is evidence of the signature it purports to be. S. 50A inserted by No. 14/2001 s. 28.