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Measure

Liability of importer, manufacturer or packer

Type Class Valid From Valid To
Restriction Goods 30/12/1988
Summary:

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.
Description:

9. (1) The person who, according to the label of any foodstuff, cosmetic or disinfectant which is sold in a sealed package and which does not comply with the provisions of this Ordinance, imported, manufactured or packed the article in question, shall be presumed to have imported, manufactured or packed, as the case may be, such article and may be convicted and sentenced accordingly unless he proves -

(a) that he did not import, manufacture or pack such article; or

(b) that the non-compliance of such article with the provisions of this Ordinance is due to decay or some other change which occurred after such article left his possession, and over which he had no control.

(2) The provisions of subsection (1) shall not be deemed to relieve any person from liability incurred by him in terms of this Ordinance in respect of the sale of any article referred to in that subsection.

Commodities Affected by the Measure

# HS Code Description
1 1901 Malt, extract, food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 per cent by mass of cocoa calculated on a totally defatted basis, not elsewhere specified or included;food preparation of goods of headings 04.01 to 04.04, not containing less than per by mass of cocoa calculated on a defatted basis, not elsewhere specified or included
2 1902 Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared
3 1903 Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms
4 1904 Prepared foods obtained by the swelling or roasting of cereals or cereal products(for example or corn flakes); cereals(excluding maize(corn)) in grain form or in the form of flakes or other worked grains(except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included
5 1905 Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical
6 3302 Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:
7 38.08 Disinfectants
8 0901 Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion
9 0902 Tea, whether or not flavoured
10 0904 Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta
11 0905 Vanilla
12 0906 Cinnamon and cinnamon-tree flowers
13 0907 Cloves (whole fruit, cloves and stems)
14 0908 Nutmeg, mace and cardamoms
15 0909 Seeds of anise, badian, fennel, coriander, cumin, or caraway; juniper berries
16 0910 Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices
17 1507 Soya-bean oil and its fractions, whether or not refined, but not chemically modified
18 1508 Ground-nut oil and its fractions, whether or not refined, but not chemically modified
19 1509 Olive oil and its fractions, whether or not refined, but not chemically modified
20 1510 Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 15.09
21 1511 Palm oil and its fractions, whether or not refined, but not chemically modified
22 1512 Sunflower-seed, safflower or cotton-seed oil and fractions thereof, whether or not refined, but not chemically modified
23 1513 Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined, but not chemically modified
24 1514 Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified
25 1515 Other fixed vegetable or microbial fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified
26 3301 Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils:
27 3303 Perfumes and toilet waters:
28 3304 Beauty or make-up preparations and preparations for the care of the skin (excluding medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations:
29 3305 Preparations for use on the hair:
30 3306 Preparations for oral or dental hygiene, including denture fixative pastes and powders; yarn used to clean between the teeth (dental floss), in individual retail packages:
31 3307 Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorisers, whether or not perfumed or having disinfectant properties:
32 3401 Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, moulded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or cream put up for retail sale, whether or not containing soap; paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent:
33 3402 Organic surface-active agents (excluding soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap (excluding those of heading 34.01):
34 3403 Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70 per cent or more by mass of petroleum oils or of oils obtained from bituminous minerals:
35 3404 Artificial waxes and prepared waxes:
36 3405 Polishes and creams, for footwear, furniture, floors, coachwork, glass or metal, scouring pastes and powders and similar preparations (whether or not in the form of paper, wadding, felt, nonwovens, cellular plastics or cellular rubber, impregnated, coated or covered with such preparations), (excluding waxes of heading 34.04):
37 3406 Candles, tapers and the like
38 3407 Modelling pastes, including those put up for children's amusement; preparations known as "dental wax" or as "dental impression compounds", put up in sets, in packings for retail sale or in plates, horseshoe shapes, sticks or similar forms; other preparations for use in dentistry, with a basis of plaster (of calcined gypsum or calcium sulphate)

Procedures Implementing the Measure

1 Procedure of Application of Ordinance to articles imported in transit
Activity Outcome Valid For Single Use
Transit No
2 Importation of foodstuff, cosmetics and disinfectants
Activity Outcome Valid For Single Use
Import No

Legal Documents Related to the Measure

Name Type Category
Foodstuffs, Cosmetics and Disinfectants Ordinance 18 of 1979 Act Import/Export