(1)  Proceedings for an offence under this Act –

(a) may only be instituted by –

(i) the Minister or a person authorised by the Minister; or

(ii) an authorised officer; or

(iii) the Director of Public Health or a council; and

(b) may only be instituted –

(i) unless subparagraph (ii) applies, within 3 years after the date on which the offence is alleged to have been committed; or

(ii) if the proceedings are in respect of a sample of food, within 120 days after the date on which the sample was obtained.

(2)  A person may apply to a magistrate within the time limits referred to in subsection (1) to extend those time limits.