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Liability of
such article in a pure and normal state and in an undeteriorated and sound condition;
(d) it does not comply with the standard therefor
prescribed by regulations.
18. Where any food or drug in connection with importer or which there is a breach of any provisions of this Ordi- manufacturer. nance is sold in an unopened package, any person who appears from any statement thereon or attached thereto to have imported or manufactured or prepared such food or drug or to have enclosed it in such package shall, unless be proves the contrary, be deemed to have so imported, manufactured, prepared or enclosed the same and shall be liable to the same fine as if he had actually sold the same.
Sale by agent
or servant.
Presumptions
as to sale
for human consumption or uso.
Proceedings for offences.
No defence that offence not wilfully committed.
Reliance on written warranty a
17. For the purposes of this Ordinance every person shall be deemed to sell any food or drug who sells the same either on his own account or as the agent or servant of any other person, and in the case of any sale by an agent or servant his principal or employer shall be ander the same liability as if he had effected the sale personally.
18.-(1) When any food or drug is sold or exposed or offered for sale, it shall, unless the contrary is proved, be deemed to be sold or exposed or offered for sale for human consumption or use.
(2) The purchase and sale of a sample of any food or drug ander the provisions of this Ordinance for the purpose of analysis shall be deemed to be a purchase and sale of such food or drug for human consumption or use unless the seller proves that the bulk from which such sample was taken was not offered, exposed or intended for sale for human consumption or use.
(3) For the purposes of this Ordinance every person shall be deemed to sell or to intend to sell any food or drug if he sells or intends to sell for human con- sumption or use any article of which such food or drug is a constituent.
Legal proceedings and evidence, etc.
19.—(1) All proceedings in respect of an offence against this Ordinance shall be taken in a suminary manner before a Magistrate.
(2) The summons in any such proceedings shall not
be made returnable in less than fourteen days from
the day on which it is served.
(3) There shall be served with the summons a copy of the analyst's certificate (if any) on which the pro- secution is based.
20. In a prosecution for selling any food or drug contrary to the provisions of this Ordinance or of any regulations made thereunder it shall be no defence that the defendant did not act wilfully unless he also proves that he took all reasonable steps to ascertain that the sale of the article would not constitute an offence against this Ordinance or against the regulations.
21. (1) Subject to the provisions hereinafter in this section contained it shall be a good defence in good defence, any prosecution for an offence under section 10 if the defendant proves that he purchased the article sold by him in reliance on a written warranty or other written statement as to the nature of the articles pur- chased signed by or on behalf of the person from whom the defendant purchased the same and that, if
- 7 -
the article had truly conformed to such warranty or statement, the sale of the article by the defendant would not have constituted the offence charged against him.
(2) No warranty or other written statement given or made by a person resident outside the Colony shall be any defence under this section unless the defendant proves that he had taken reasonable steps to ascertain and did in fact believe in the truth of the matters set forth in such warranty or statement.
(3) No warranty or other written statement shall
be any defence under this section if it is proved that the defendant knew or had reason to suspect that the article sold did not conform to such warranty or state- ment.
be
(4) No warranty or other written statement shall any defence in any prosecution unless the defendant has within seven days after service of the summons delivered to the prosecutor a copy of such warranty or statement with a written notice stating that he intends to rely thereon and specifying the naine and address of the person from whom he received it and has also within the same time sent by registered post
a like notice of his intention to such person.
(5) When the defendant is a servant or agent of the person who purchased the article under such a warranty or written statement, he shall be entitled to the benefit of this section in the same manner and to the same extent as his employer or principal would have been if he had been the defendant, unless it is proved that the servant or agent knew or had reason to suspect that the article did not conform to the warranty or statement.
22. (1) A certificate of analysis purporting to be Analyst's ander the hand of an analyst shall, on production certificate
to be thereof by the prosecutor, be sufficient evidence of the
prima facie facts stated therein unless the defendant requires that evidence. the analyst be called as a witness, in which case he shall give notice thereof to the prosecutor not less than three clear days before the day on which the summons is returnable.
(2) In like manner a certificate of analysis purport- ing to be under the hand of an analyst shall, on pro- duction thereof by the defendant, be sufficient evidence of the facts stated therein unless the prosecutor requires that the analyst be called as a witness.
(3) A copy of such last-mentioned certificate shall
be sent to the prosecutor at least three clear days before the day fixed for the hearing of the summons and if it is not so sent the Magistrate may adjourn the hearing on such terms as it may think proper.
23. When a sample has been dealt with in accord- Magistrate ance with section 7 the Magistrate shall on the request may order
independent of either party to such proceedings and may if he analysis. thinks fit without such request order that the part of the sample retained by the officer be submitted to another analyst for analysis.
information,
24. No prosecutor or witness in any prosecution Non-disclo- onder this Ordinance shall be compelled to disclose sure of the fact that he received any information or the nature of such information or the name of any peeson who gave such information; and no officer appearing as a prosecutor or witness shall be compelled to produce any confidential reports or documents made or received by him in his official capacity or to make any state- ment in relation thereto.
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