Measure
Special defences
| Type | Class | Valid From | Valid To |
|---|---|---|---|
| General | Goods | 30/12/1988 | |
| Summary: A person can avoid conviction for offenses related to foodstuffs, cosmetics, or disinfectants if they: 1. Prove Lack of Knowledge: 2. Provide a Warranty: 3. Show Due Diligence: |
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| Description: 6. No person shall be convicted - (a) when he is charged with selling, manufacturing or importing or otherwise dealing with any foodstuff or cosmetic in contravention of any provision of this Ordinance, if he proves that he believed, or had reason to believe, that the foodstuff or cosmetic to which the charge relates was not sold for human consumption or use, or manufactured, imported or otherwise dealt with for sale for human consumption or use, as the case may be; (b) when he is charged with selling or importing any foodstuff, cosmetic or disinfectant in contravention of any provision of this Ordinance, if he proves - (i) that he or his employer or principal acquired or imported the article in question under a written warranty complying with the provisions of section 7 and furnished to him or to his employer or principal; and (ii) that he at no relevant time had reason to suspect that the article in question was a prohibited article; and (iii) in the case of the sale of the article in question, that he sold it in the condition in which he acquired or imported it or, if it was acquired or imported by his employer or principal, that he at no relevant time had reason to suspect that it was at the time of the sale in a different condition from that in which it was when so acquired or imported; (d) when he is charged with selling any foodstuff, cosmetic or disinfectant which he did not manufacture, import, pack or treat in any manner, if he proves that he did not know or could not have known of the presence in such foodstuff, cosmetic or disinfectant, at the time of such sale, of any prohibited substance, or any contamination, pollution or similar flaw, and that he took every reasonable precaution to prevent the contamination, pollution or decay of such foodstuff, cosmetic or disinfectant. |
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Commodities Affected by the Measure
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 |
