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Key Sectors

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:
   - 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.

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.

Commodities Affected by the Measure

# HS Code Description
1 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:
2 0901 Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion
3 0902 Tea, whether or not flavoured
4 0904 Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta
5 0905 Vanilla
6 0906 Cinnamon and cinnamon-tree flowers
7 0907 Cloves (whole fruit, cloves and stems)
8 0908 Nutmeg, mace and cardamoms
9 0909 Seeds of anise, badian, fennel, coriander, cumin, or caraway; juniper berries
10 0910 Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices
11 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
12 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
13 1903 Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms
14 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
15 1905 Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical
16 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:
17 3303 Perfumes and toilet waters:
18 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:
19 3305 Preparations for use on the hair:
20 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:
21 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:
22 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:
23 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):
24 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:
25 3404 Artificial waxes and prepared waxes:
26 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):
27 3406 Candles, tapers and the like
28 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)
29 2105 Ice cream and other edible ice, whether or not containing cocoa
30 2101 Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:
31 2102 Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 30.02); prepared baking powders:
32 2103 Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:
33 2104 Soups and broths and preparations therefor; homogenised composite food preparations:
34 2106 Food preparations not elsewhere specified or included:

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