S.L. 117.13 Art. 12Condition of tomato for use in the making of tomato paste.

(1) It shall be unlawful for any manufacturer to use, in the making of tomato paste or other tomato product, tomatoes which are unripe, insect infested, mouldy or diseased, crushed or broken, or which contain stalks or foreign matter.

(2) It shall be unlawful for any manufacturer to make, and for any manufacturer, wholesaler or retailer to sell or to have in his possession for sale any tomato paste whether in a container or loose, that contains anything other than strained tomato solids (the minimum content by weight of which shall be twenty-eight per cent of the paste), moisture, sugar and salt.

Whenever tomato paste is on the business premises of a manufacturer, wholesaler or retailer it shall be deemed to be for sale unless the manufacturer, wholesaler or retailer, as the case may be, proves otherwise.

(3) Where, however, following an examination of the tomato paste of any manufacturer, the Director is of opinion that, though the provisions of sub-regulation (2) have been complied with, that particular paste is unsatisfactory at to its consistency or colour or palatability, he may issue an order to that manufacturer varying the percentage by weight of tomato solids in the tomato paste being made by him or requiring any other change in the process of manufacture. Such an order may be withdrawn or cancelled by the Director whenever he deems proper.

(4) A sanitary inspector of the Department of Health or the Director or any other person authorised by him in writing in that behalf shall have power at any reasonable time to enter and inspect any factory, store or shop in which tomato paste or any other tomato product is being produced, stored or sold, to inspect the tomatoes, tomato paste, tomato products or any material used in the manufacture or packing of tomato products and, if he deems necessary, to take samples thereof for the purpose of examination or analysis. In the case of samples taken from manufacturers, they shall be taken free of charge; in other cases the current market value shall be paid; in every case a receipt shall be given to the person from whom the sample is taken.

(5) Where a sample of tomato paste or other tomato product is taken under sub-regulation (4), such sample shall be divided into two parts by the person taking the same, and each such part shall be sealed by him in the presence of the person from whom the sample is taken, and shall thereupon be signed by both of them; one part shall be retained by the person taking the sample and the other by the person from whom it is taken: Provided that if the person from whom the sample is taken refuses or is unable to sign, the signature of the person taking the sample shall be sufficient.