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Provisions for dealing with Purclused.
(1) Where any matter or ingredient not injurions to bealth has been added to the food or drng because the same is required for the production or prepuration thereof us an article of commerce, in a state fit for carriage or consump tion, and not fraudulently to increase the buik, weight, or mousure of the food or drug, or conceal the inferior quality thereof;
(2) Where the drug or food is a proprietary medicine, or is the subject of a patent in force, and is supplied in the state required by the specifica- tion of the patent;
(3) Where the food or drug is unavoidably mixed with some extraneons matter in the process of collection or preparation.
7. In any prosecution under the provisions of this Ordinance for selling to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance, and quality of the article demanded by such purchaser, it shall be no defence to any such prosecution to allege that the purchaser, having bought only for analysis, was not prejudiced by such sale. Neither shall it be a good defence to prove that the article of food or drug in question, though defective in nature or in substance or in quality, was not defective in all these respects.
8. Any person, who shall sell any compound article of food or compounded drug which is not composed of ingredients in accordance with the demand of the purchaser, shall be liable in every case, upon summary conviction before a Magistrate, to a fine not exceeding two hundred dollars and in default of payment of the said fine to imprisonment for a period not exceeding three months with or without hard labour.
9. Provided that no person shall be guilty of any such offence as aforesaid in respect of the sale of an article of food or a drug mixed with any matter or ingredient not injurious to health, and not intended to fraudulently increase its bulk, weight, or measure, or conceal its inferior quality, if at the time of delivering such article or drug he shall supply to the person receiving the same a notice, by a label distinctly and legibly written or printed on or with the article or drug, to the effect that the same is mixed.
10. Any person who shall, with the intent that the same may be sold in its altered state without notice, abstract from an article of food any part of it so as to affect injuriously its quality, substance, or nature, and any person who shall sell any article so altered without making disclosure of the alteration, shall be liable in every case, upon summary conviction before a Magistrate, to a fine not exceeding two hundred dollars and in default of payment of the said fine to imprisonment for a period not exceeding three months with or without hard labour. Any person selling "skimmed milk" to a purchaser demanding "milk" shall be liable to the same punishment.
11. Any purchaser or seller of an article of food or of a drug shall be entitled, upon payment of the sum of five dollars to the Government analyst or to any analyst appointed by the Governor for the purposes of this Ordinance, to have such article analyzed by such analyst, and to receive from him a certificate of the result of his analysis.
12. Any inspector of nuisances, or inspector of weights and measures, or inspector of markets, or any police constable acting under the written instructions of the Secretary to the Sanitary Board or of the Captain Superintendent of Police or of the Medical Officer of Health may, at the cost of the Government, procure any sample of food or drugs, and, if he suspect the same to have been sold to him contrary to any provision of this Ordinance, shall submit the same to be analysed by the Government analyst or by some analyst appointed by the Governor for the purposes of this Ordinance, and such analyst shall, upon receiving payment as is provided in the last section, with all convenient speed analyse the same, and shall give a certificate to such officer, wherein he shall specify the result of the analysis.
13. Any person purchasing any article with the intention of submitting the same for analysis shall, after the purchase shall have been completed, forthwith notify to the seller or his agent selling the article his intention to have the same analysed by the Government analyst or...
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