Commodity

Under the law, it is an offense to:

1. Sell, Manufacture, or Import:
   - Foodstuffs, cosmetics, or disinfectants with prohibited substances, or those containing higher levels of substances than permitted.
   - Products that do not meet prescribed standards or are prohibited by regulations.
   - Contaminated, impure, decayed, or harmful products.

2. Treat or Alter Products:
   - Using prohibited substances or methods that make the product harmful to health.

Exceptions:
- The provisions do not apply if a foodstuff contains a non-harmful substance necessary for its proper condition, or if the substance is within regulated limits and not intended to deceive.

- "Manufactures" includes altering products in ways that make them prohibited by this law.

When an inspector takes a sample for analysis of any foodstuff, cosmetic, or disinfectant at an import harbor:

1. Detention: The sample and all similar items in the consignment are generally detained at the harbor until the analysis is complete.

2. Removal: With the Director's approval, the items may be removed if the owner provides a guarantee that they will not be sold or otherwise dealt with until the analysis is complete. If the items are deemed non-compliant, they must be returned or disposed of as directed by the Director.

3. Director’s Actions: Based on the analysis results, the Director can:
   - Confiscate and destroy the items.
   - Return them to the import harbor or their place of origin.
   - Allow importation under specific conditions.
   - Dispose of them in another manner as specified.

If a foodstuff, cosmetic, or disinfectant in a sealed package does not comply with the Ordinance, the person identified on the label as the importer, manufacturer, or packer is presumed responsible. They can be convicted unless they prove:

1. They did not import, manufacture, or pack the article.
2. The non-compliance occurred due to decay or changes beyond their control after the article left their possession.

However, this presumption does not absolve them from liability for selling the non-compliant article.

It is an offense to sell or import for sale foodstuffs, cosmetics, or disinfectants described in a misleading or prohibited manner. However, using a geographical name to describe a foodstuff is allowed if it is a generally accepted term for that type or variety of product, and the product matches that description.

A person can avoid conviction for offenses related to foodstuffs, cosmetics, or disinfectants if they:

1. Prove Lack of Knowledge:
   - They believed or had reason to believe the product was not intended for human consumption or use.

2. Provide a Warranty:
   - They acquired or imported the product with a written warranty and had no reason to suspect it was prohibited.
   - They sold the product in the same condition it was acquired, without knowing or suspecting any issues.

3. Show Due Diligence:
   - They did not manufacture, import, pack, or treat the product and had no knowledge of any prohibited substances or contamination, having taken reasonable precautions to prevent such issues.