15. If any such inspector or officer of police referred to in section 12, acting under such written instructions as therein mentioned, applies to purchase any article of food or any drug exposed for sale, or on sale by retail, in any premises, shop, or store, or in any street or place, and tenders the price for the quantity which he purchases for the purpose of analysis, not being more than may be reasonably requisite, and the person exposing the same for sale refuses to sell the same, he shall upon summary conviction be liable to a fine not exceeding $100. 16. The certificate of the analysis shall be in the form in the schedule or to the like effect. 17. The Government analyst and any analyst shall report quarterly to the colonial secretary and to the secretary of the sanitary board the number of articles analyzed by him, and the result of every analysis, and such report shall be published by the colonial secretary in the Gazette. The report shall not include analyses made under section 11. 18. When the analyst having analyzed any article has given his certificate of the result, from which it may appear that an offense against some one of the provisions of this ordinance has been committed, the person causing the analysis to be made, or, if such person neglects to do so, the secretary of the sanitary board may take summary proceedings before a magistrate in respect of such offense. 19. (1) At the hearing of such proceedings, the production of the certificate of the analyst shall be sufficient evidence of the facts therein stated, unless the defendant requires that the analyst shall be called as a witness, and the parts of the articles retained by the person who purchased the article shall be produced. (2) The defendant may tender himself and his wife to be examined on his behalf, and he or she shall, if he so desires, be examined accordingly. 20. (1) The magistrate before whom any complaint may be made under this ordinance, or the court before which any case may be reheard, may, on the request of either party, in his or its discretion, cause any article of food or drug to be sent for analysis either to the Government analyst or to any analyst, and such analyst shall thereupon give a certificate to such magistrate or court of the result of such analysis. (2) The expenses of such analysis shall be paid by the complainant or the defendant, as the magistrate or court may direct. 21. In any prosecution under this ordinance, when the fact of an article having been sold in a mixed state has been proved, if the defendant desires to rely on any exception or provision contained in this ordinance, it shall be incumbent on him to prove the same. 22. If the defendant in any prosecution under this ordinance. proves, to the satisfaction of the magistrate or court, that he had purchased the article in question as the same in nature, substance. and quality as that demanded of him by the prosecutor, and with a written warranty to that effect, that he had no reason to believe at the time when he sold it that the article was otherwise, and that he sold it in the same state as when he purchased it, he shall be discharged. 23. [(1) repealed by No. 11 of 1922.] (2) Every person who willfully applies to an article of food or a drug, in any proceedings, a certificate of warranty given in relation to any other article or drug shall be guilty of an offense and shall upon summary conviction be liable to a fine not exceeding $200. (3) Every person who— (a) Gives a false warranty in writing to any purchaser in respect of an article of food or a drug sold by him as principal or agent; or (b) Willfully gives a label with any article sold by him which falsely describes the article sold, shall upon summary conviction be liable to a fine not exceeding $200. 24. Nothing in this ordinance shall affect the power of proceeding by indictment, or take away any other remedy against any offender under this ordinance, or in any way interfere with contracts and bargains between individuals and the rights and remedies belonging thereto; provided that, in any action brought by any person for a breach of contract on the sale of any article of food or of any drug, such person may recover, alone or in addition to any other damages recoverable by him, the amount of any penalty in which he may have been convicted under this ordinance, together with the costs incurred by him in and about his defense thereto, if he proves that the article or drug, the subject of such conviction, was sold to him as and for an article or drug of the same nature, substance, and quality as that which was demanded of him, and that he purchased it not knowing it to be otherwise, and afterwards sold it in the same state in which he purchased it; the defendant in such action being nevertheless at liberty to prove that the conviction was wrongful or that the amount of costs claimed is unreasonable. 25. (1) The governor shall have power, on receiving such evidence as to fitness as he may in his absolute discretion deem suffi cient, to appoint any person under his hand to be an analyst for the purposes of this ordinance, and such person is referred to in this ordinance as "any analyst." (2) Any such appointment shall be published in the Gazette. 26. In any prosecution under this ordinance, and notwithstanding the provisions of section 18, the summons to appear before a magistrate shall be served on the person charged within a reasonable time, and, in the case of a perishable article, not exceeding 28 days from the time of the purchase from such person for test purposes of the food or drug, for the sale of which he is being prosecuted, and particulars of the offense of which the seller is accused, and also the name of the prosecutor, shall be stated on the summons, and the summons shall be made returnable in at least 7 days from the day of service. 27. It shall be lawful for any magistrate or court to order the destruction of any article of food or drug in connection with which an offense is proved to have been committed under this ordinance. 28. (1) It shall be lawful for the governor in council to make regulations for determining what deficiency in any of the normal constituents of genuine milk, cream, butter, or cheese, or what addition of extraneous matter or proportion of water in any sample of milk, including condensed milk, cream, butter, or cheese, shall for the purposes of this ordinance raise a presumption, until the contrary is proved, that the milk, cream, butter, or cheese is not genuine or is injurious to health, and any analyst shall have regard to such regulations in certifying the result of an analysis under this ordinance. (2) Regulations made under this section, in addition to being published in the Gazette, shall be made known in such other manner as the governor in council may direct. To (1) of SCHEDULE FORM OF CERTIFICATE OF ANALYSIS : I, the undersigned, do hereby certify that I received on the 19, from (2) for analysis (which then weighed (3) day of a sample -), and have analyzed the same, and declare the result of my analysis to be as follows: I am of opinion that the same is a sample of genuine [or] I am of opinion that the said sample contained the parts as under, or the percentages of foreign ingredients as under: Dated the day of Observations (4) 19__. A. B., Analyst. (1) Here insert the name of person submitting the article for analysis. (2) Here insert the name of the person delivering the sample. (3) When the article can not be conveniently weighed this passage may be erased or the blank may be left unfilled. (4) Here the analyst may insert at his discretion his opinion as to whether the mixture, if any, was for the purpose of rendering the article potable or palatable, or of preserving it, or of improving the appearance, or was unavoidable, and may state whether in excess of what is ordinary or otherwise, or whether the ingredients or materials mixed are or are not injurious to health. In the case of a certificate regarding milk, butter, or any article liable to decomposition the analyst shall specially report whether any change had taken place in the constitution of the article that would interfere with the analysis. ORDINANCE NO. 19 OF DECEMBER 28, 1928 PUBLIC HEALTH AND BUILDINGS AMENDMENT [Extract] ART. 8. Sections 82, 83, and 83A of the principal ordinance [No. 1 of February 21, 1903] are repealed and the following section is substituted therefor: 82. (1) Any member of the board, or any officer of the department [of health] duly authorized by the board [of sanitation] in writing, may at any time enter any shop or premises and inspect and examine (a) Any animal intended for the food of man or animal which is exposed for sale, or deposited in any place for the purpose of sale, or of preparation for sale, and (b) Any article, whether solid or liquid, intended for the food of man or animal and sold or exposed for sale or deposited in any place for the purpose of sale or of preparation for sale, the proof that the same was not exposed or deposited for any such purpose or was not intended for the food of man or animal resting with the person charged; and if any such animal or article appears to such member or officer to be diseased, or unsound, or unwholesome, or unfit for the food of man or animal, as the case may be, he may seize and carry away the same himself or by an assistant, and the head of the department on the recommendation of the medical officer of health or of any assistant medical officer of health or of the colonial veterinary surgeon may order it to be destroyed or to be so disposed of as to prevent it from being used as food for man or animal, as the case may be. (2) If it appears to a magistrate that any animal or article which has been seized or is liable to be seized under this section is diseased, or unsound, or unwholesome, or unfit for the food of man or animal, the person to whom the same belongs or did belong at the time of sale or exposure for sale, or deposit for the purpose of sale or of preparation for sale, or in whose possession or on whose premises the same was found, shall be liable on summary conviction to a fine not exceeding $500 for every animal, or article, or, if the article consists of fruit, vegetables, corn, bread, or flour, for every parcel thereof so condemned, or, at the discretion of the magistrate, without the infliction of a fine, to imprisonment for any term not exceeding six months. (3) Where it is shown that any article liable to be seized under this section and found in the possession of any person was purchased by him from another person for the food of man, and when so purchased was in such a condition as to be liable to be seized and condemned under this section, the person who so sold the same shall be liable to the fine or imprisonment above mentioned, unless he proves that at the time he sold the said article he did not know, and had no reason to believe, that it was in such condition. IRAQ (FORMER MESOPOTAMIA) The following table gives the story of the movement of canned foods from the United States to Iraq (former Mesopotamia) during the years 1926-1929. The market is unimportant and will probably The largest single item of American canned foods shipped to Iraq in 1929 was evaporated milk. remain so. UNITED STATES EXPORTS OF CANNED FOODS TO IRAQ (MESOPOTAMIA), 1926–1929 Jams, jellies, and preserves.. 20 83 48 144 1 Includes Canned fruits for salad," which previous to 1929 were included in United States export statistics under "Other fruit products" and not under "Other canned fruits." IMPORT DUTIES AND TAXES Import duties on foodstuffs in Iraq are levied at ad valorem rates based on the c. i. f. value at place of entry plus landing charges. The foreign merchandise values are converted into rupees-the British Indian rupee, with a par of 36.5 cents United States currency, is the present monetary unit of Iraq-at the exchange prevailing, presumably, at time of clearance. No preferential rates of duty are granted to imports of any origin. There are no customs surtaxes nor sales or other internal-revenue taxes on foodstuffs in this area. Besides units of the metric system, special weights and measures are in use, such as the imperial gallon, which is about one-fifth larger than the American gallon. 1. Provisions and groceries not included in the catagory of confectionery or cocoa-- 75 (4) Manufactured articles not specified Rate of duty, general Ad vaiorem 20% 25% 15% NOTE.-Ad valorem duties are based on the c. i. f. value at place of entry plus landing charges. MARKING-DOCUMENTATION The requirements for marking foreign goods are the same in Iraq as in British India-which see (p. 7 of this present handbook). False indication of origin is prohibited. Consular documents are not required on shipments to Iraq, the commercial invoice and ocean bill of lading sufficing. These documents should go forward under separate cover, not in a parcel of merchandise. The usual exporter's declaration required by the United States customs regulations on all goods shipped out of the country is necessary. SANITARY REQUIREMENTS Iraq has no special regulations covering the importation and sale of foodstuffs. The use of preservatives, coloring matter, and sweetening substances is governed in part by the provisions of the Baghdad Penal Code against the adulteration of foodstuffs and the sale of foods containing ingredients injurious to health. On October 19, 1930, there went into effect in Iraq a new food law which defines adulteration, lists permitted preservatives, and sets up standards for certain dairy products, including condensed milk. Standards of other articles of food are to be defined by the director of public health in a special notification. The text of this law will be found on page 480 of this report. IRAQ LAWS APPLYING TO CANNED FOODS BAGHDAD PENAL CODE Aur. 190. Every person shall be punished with imprisonment not exceeding two years, or with fine not exceeding £T100, or with both such penalties |