Section 23 in The Milk and Milk Product Order, 1992
23. Procedure for drawing samples, conducting analysis, and issue of prohibition order.
(1)Subject to the provisions of sub-paragraph (2) of Paragraph 15, the registering authority or any officer or authority authorised or designated by him, when drawing the sample shall follow the under-mentioned procedure,-(a)the sample shall be drawn in such manner as to render the sample to be homogeneous and representative so that the analysis can furnish reliable data of the nature and content of the article:Provided that where milk or any milk product is kept; sold or stored for sale or for distribution in sealed containers having identical label declaration, the contents of one or more of such containers as may be required to satisfy the quantity required for proper analysis, shall be treated to be a part of the sample:Provided further that, while taking a sample, notice in writing shall be given then and thereof the intention to have it so analysed to the person from whom the sample is taken;(b)the sample shall forthwith be separated into three equal parts, and each part put in a separate container, marked and sealed,(c)one of the parts of the sample shall be sent for analysis to a recognised laboratory and the remaining two parts shall be sent to the Controller or to any institution authorised by him for custody for use in case a re-test of the sample is required.(2)The laboratory to which sample is sent shall make a report to the registering authority of the results of the analysis of the sample within a reasonable time.(3)Where any action is contemplated against any person on the basis of the sample drawn from him which on analysis by the recognised laboratory was found to be sub-standard or unsuitable, he shall have a right to have the second part of the sample sent for further analysis by a second laboratory duly authorised by the Controller for the purpose, and upon receipt of any such request made within fifteen days of receipt of information about the sample not satisfying the prescribed standard, the registering authority shall forward the same to the second laboratory whose report shall supersede the report given by the first laboratory mentioned in sub-paragraph (1) and the same shall be final and conclusive evidence of the facts stated thereunder.(4)The fee payable for analysis made by the second laboratory aforesaid shall be paid by the person at whose instance the registering authority called for the further analysis.(5)Where the quality of milk or milk product, as the case may be, is found, on second analysis to be sub-standard or unsuitable, the registering authority may, by an order in writing, prohibit the sale of the same as well as the handling or processing or manufacture of any such milk or milk product.(6)Every laboratory recognised for the purpose of the Bureau of India Standard Act, 1986 (Act 63 of 1986) and any other laboratory which may be subsequently recognised by the Central Government by an Order shall be a laboratory recognised for the purposes of this Order.
