R 2
[Subsidiary]
Labelling of containers of dried milk.
Second Schedule.
LN327/87
Offences and penalties.
Name in which proceedings may be brought.
L.N. 67/85.
10 of 1986, s. 32(2).
CAP. 132]
Dried Milk Regulations
[1986 Ed.
(2) No person shall sell any food under such a description as to lead an intending purchaser to believe that he is purchasing dried milk of a description to which paragraph (1) applies unless such food complies with this regulation.
(3) Where any person sells any food to a purchaser in response to a request for dried milk of a description to which paragraph (1) applies, he shall be deemed to sell dried milk of that description unless he clearly notifies the purchaser at the time of sale that the food is not dried milk of that description.
5. (1) Save as is provided in paragraph (3) no person shall advertise for sale or sell any dried partly skimmed milk or dried skimmed milk except in a container bearing a label in accordance with the provisions of the Second Schedule.
(2) No person shall sell any dried partly skimmed milk or dried skimmed milk in any such container if the container is wrapped in paper or some other wrapper through which the label on the container is not clearly visible unless the outermost wrapper also bears a label as if it were a container to which paragraph (1) of this regulation applies.
(3) The provisions of this regulation shall not apply in relation to any sale of dried partly skimmed milk or dried skimmed milk for immediate consumption on or at the premises of the seller or in or at any stall or mobile refreshment vehicle.
6.
(1) Any person who contravenes or fails to comply with any provision of these regulations shall be guilty of an offence and shall be liable on summary conviction to a fine of $2,000 and to imprisonment for 6 months.
$25000
(2) In any proceedings for a contravention of regulation 5(1) in relation to the publication of an advertisement it shall be a defence for the defendant to prove that, being a person whose business it is to publish, or arrange for the publication of advertisements, he received the advertisement for publication in the ordinary course of business.
7. Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences, and without prejudice to the powers of the Attorney General in relation to the prosecution of criminal offences, prosecutions for an offence under any of the provisions of these regulations may-
(a) where the offence was committed in the Urban Council area, be brought in the name of the Urban Council;
(b) where the offence was committed in the Regional Council area, be brought in the name of the Regional Council.