Amendment
858
place for the purpose of sale, or of preparation for sale, and
(5) any article, whether solid or liquid, intended for the food of man or animal and sold or exposed for sale or deposited in any place for the purpose of sale or of preparation for sale; the proof that the same was not exposed or deposited for any such purpose or was not in- tended for the food of man or animal resting with the person charged; and if any such animal or article appears to such mem- ber or officer to be diseased, or unsound, or unwholesome or unfit for the food of man or animal, as the case may be, he may seize and carry away the same himself or by an assistant, and the Head of the Department on the recom- mendation of the Medical Officer of Health or of any Assistant Medical Officer of Health or of the Colonial Veterinary Surgeon or of any Assistant Colonial Veterinary Surgeon may order it to be destroyed or to be so dis- posed of as to prevent it from being used as food for man or animal, as the case may be.
(2) If it appears to a Magistrate that any animal or article which has been seized or is liable to be seized under this sec- tion is diseased, or unsound, or unwhole- some, or unfit for the food of man or animal, the person to whom the same belongs or did belong at the time of sale or exposure for sale, or deposit for the purpose of sale or of preparation for sale, or in whose possession or on whose pre- mises the same was found, shall be liable
on
summary conviction to a fine not exceeding five hundred dollars for every animal, or article, or if the article consists of fruit, vegetables, corn, bread, or flour, for every parcel thereof so condemned, or, at the discretion of the magistrate, without the infliction of a fine, to imprisonment for any term: not exceeding six months.
(3) Where it is shown that any article liable to be seized under this section, and found in the possession of any person was purchased by him from another person for the food of man, and when so purchased was in such a condition as to be liable to be seized and condemned under this sec- tion, the person who so sold the same shall be liable to the fine or imprisonment above mentioned, unless he proves that at the time he sold the said article he did not know, and had no reason to believe, that it was in such condition.
8. Section 203 of the principal Ordinance is amended of Ordinance by substituting the words "this Ordinance" for the words "the foregoing sections" in the first line thereof.
No. 1 of 1903, s. 203.