Legal Document

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.

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.

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.

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.

The ordinance prohibits the sale, manufacture, or importation of certain foodstuffs, cosmetics, and disinfectants that do not meet specified safety and quality standards. Offenses include selling items containing prohibited substances, failing to comply with prescribed composition and purity standards, or offering contaminated products. The sale of any foodstuff that has been altered to deceive consumers regarding its quality or nutritional value is also prohibited. Exceptions exist for substances necessary for safe manufacturing that do not mislead consumers.

False advertising and misleading descriptions related to these products are offenses under the ordinance, but generic geographical names can be used if they accurately represent the product. Special defenses allow individuals to prove they believed their products were not intended for human consumption or that they acquired them under warranty. Liability is placed on the importer, manufacturer, or packer for non-compliance unless they can demonstrate otherwise.

Imported products may be detained for analysis, and if found non-compliant, they may be confiscated or returned. The ordinance can also be applied to imported articles intended for other jurisdictions, with the Executive Committee able to adjust regulations as necessary.