| Description: Prohibition of sale, manufacture or importation of certain articles
2. (1) Subject to the provisions of subsection (2) and section 6, any person shall be
guilty of an offence -
(a) if he sells, or manufactures or imports for sale, any foodstuff, cosmetic or
disinfectant -
(i) which contains or has been treated with a prohibited substance; or
(ii) which contains a particular substance in a greater measure than that
permitted by regulation or has been treated with a substance containing a
particular substance in a greater measure than that permitted by regulation;
or
(iii) which does not comply with any standard of composition, strength, purity or
quality prescribed by regulation for or in respect of such foodstuff, cosmetic
(b) if he sells, or manufactures or imports for sale, any foodstuff or cosmetic -
(i) which is contaminated, impure or decayed, or harmful or injurious to human
health or deemed to be such in terms of any regulation; or
(ii) which contains or has been treated with a contaminated, impure or decayed
substance, or a substance which is harmful or injurious to human health or
deemed to be such in terms of any regulation; or
(c) if he sells, or manufactures or imports for sale, any foodstuff -
(i) which contains or has been treated with a substance not present in such
foodstuff when it is in a normal, pure and sound condition; or
(ii) to which any substance has been added so as to increase the mass or volume
of such foodstuff with the object to deceive; or
(iii) from which any substance or ingredient has been abstracted, removed or
omitted with the result that its nutritive value or other properties, in
comparison with those of such foodstuff in a normal, pure and sound
condition, are diminished or otherwise detrimentally affected; or
(iv) which has been treated in such manner that its damaged or unsound
condition or inferior quality is concealed whether entirely or partly; or
(2) The provisions of subsection (1)(c) shall not apply with reference to the sale,
manufacture or importation of a foodstuff -
(a) which contains, or has been treated with, a substance which is not harmful or
injurious to human health and the addition or presence of which is necessary for the
manufacture of such foodstuff as an article of commerce in a fit condition or form
to be packed, stored, conveyed, used or consumed, and is not intended to deceive
or mislead any buyer by increasing the mass or volume or concealing or lowering
the quality of such foodstuff; or
(c) sells or imports for sale any foodstuff, cosmetic or disinfectant in or in connection
with the manufacture, treatment, packing, labelling, storage or conveyance of
which a prohibited process or method or a prohibited appliance or container or any
other prohibited object has been employed or used.
(1) Subject to the provisions of subsection (2) and section 6, any person shall be
guilty of an offence if he -
(a) publishes a false or misleading advertisement of any foodstuff, cosmetic or
disinfectant; or
(b) for purposes of sale, describes any foodstuff, cosmetic or disinfectant in a manner
which is false or misleading as regards its origin, nature, substance, composition,
quality, strength, nutritive value or other properties or the time, mode or place of its
manufacture; or
(c) sells, or imports for sale, any foodstuff, cosmetic or disinfectant described in a
manner referred to in paragraph (b).
(2) The provisions of subsection (1) shall not be deemed to prohibit the description of
any foodstuff by, or its sale or importation under, a geographical name which is generally
accepted as a generic term for a particular type or variety of such foodstuff, provided that
foodstuff described by or sold or imported under the name in question is of the type or variety
indicated by that name.
Special defences
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
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.
Liability of importer, manufacturer or packer
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
Detention of imported articles
14. (1) If an inspector has taken a sample for analysis or examination of any
foodstuff, cosmetic or disinfectant imported at an import harbour -
(a) such foodstuff, cosmetic or disinfectant and all similar articles in the same
consignment shall, subject to the provisions of paragraph (b), be detained in the
import harbour in the custody of the Department of Customs and Excise until the
analysis or examination has been completed
(b) such foodstuff, cosmetic or disinfectant and the said similar articles may, with the
approval of the Director, be removed from the import harbour if the owner,
importer or consignee furnishes a guarantee approved by the Director, that he will
not pledge, sell or in any manner alienate or part with, or grant any right in or over,
the articles in question until the analysis or examination has been completed, and
that, if as a result of the analysis or examination it should appear that such articles
may in terms of this Ordinance, not be imported, he will immediately return the
whole consigment of such articles to the import harbour or to the port of shipment
or place of origin, as the Director may direct, or deal with it in such other manner
as the Director may direct.
(2) If as a result of the analysis or examination of a sample of a foodstuff, cosmetic or
disinfectant referred to in subsection (1), it appears that the article in question may in terms of
this Ordinance not be imported, the Director at his discretion may by order in writing direct that
such article and all similar articles in the same consignment -
(a) shall be confiscated and destroyed; or
(b) shall be returned to the import harbour or to the port of shipment or place of origin;
or
(c) may be imported on compliance by the owner, importer or consignee with such
conditions as the Director may specify in such order, including any condition
requiring the substitution of a label approved by the Director for any existing label;
or
Application of Ordinance to articles imported in transit
27. The Executive Committee may, at the request of the government or administration
of a state or territory which is not part of the Territory, by proclamation in the Official Gazette
apply any provision of this Ordinance to any foodstuffs, cosmetics or disinfectants which arrive
at or are imported through an import harbour or other place in the Territory and which are
addressed to or intended for transmission to such state or territory, and may at any time
withdraw or amend such proclamation by proclamation in the Official Gazette.
|
