Food or drugs offered
as prizes, etc.
34
seal or other designation affixed thereto under the provisions of sub- section (2), or removes, alters or obliterates any such mark, seal or designation with intent to deceive any person, he shall be guilty of an offence.
(4) Before any food or drug is destroyed or otherwise disposed of under the provisions of subsection (2), there shall be recorded a descrip- tion and such other details as will suffice to identify such food or drug. and the Authority shall keep such record in its custody for a period of not less than twelve months.
(5) If any person considers himself aggrieved by the seizure and removal, or by the marking, sealing or otherwise designating, or by the destruction or other disposal, of any food or drug under the provisions of subsection (1) or (2) he may, within seventy two hours after the doing of such act, complain to the court and the court may confirm or disallow the act, either wholly or in part, and shall, in the case of any act disallowed, or disallowed in part, order the removal of such mark, seal or other designation or the restoration of the food or drug scized and removed. either as to the whole or as to such part in respect of which the act was disallowed, or, if the food or drug in question, or any part thereof, has been destroyed or otherwise disposed of, or is no longer fit for human consumption or for use by man, as the case may be, or is depreciated in value at the time of making such order by reason of such act, order the Authority to pay by way of com- pensation such sum of money, not exceeding the market value of such food or drug at the time of the doing of such act, as the court may, having regard to the circumstances of the case, consider just.
(6) In the case of any conviction for an offence under subsec tion (1) or (2) of section 54 or for an offence under any of the provisions of any regulation made under section 55, the court may order that any food or drug to which the conviction relates and any similar food of drug found on the defendant's premises or in his possession at the time of the commission of the offence or of the seizure of the food or drug in question, shall be forfeited, together with all packages containing the
same.
(7) Any food or drug, and any package containing the same, for feited under the provisions of subsection (6) shall be disposed of in such manner as the Authority may direct,
60. (1) Sections 54 and 59 shall apply in relation to- (a) any food intended for human consumption, or any drug in tended for use by man, which is offered as a prize or reward in connexion with any entertainment to which the public art admitted, whether on payment of money or not, as if such food or drug were, or had been, exposed for sale by each person concerned in the organization of the entertainment;
35
(b) any food intended for human consumption, or any drug in- tended for use by man, which is offered as a prize or reward or given away for the purpose of advertisement, or in further- ance of any trade or business, as if the food or drug were, or had been, exposed for sale by the person offering or giving it away;
(c) any food intended for human consumption, or any drug in- tended for use by man, which is exposed or deposited in any premises for the purpose of being so offered or given away as aforesaid, as if the food or drug were, or had been, exposed for sale by the occupier of such premises.
(2) In this section, the expression "entertainment" includes any social gathering, amusement, exhibition, performance, game, sport or trial of skill.
61. (1) If any person gives with any food or drug sold by him, or displays with any food or drug exposed for sale by him, a label, whether or not the same is attached to or printed on the wrapper or container, which-
(a) falsely describes the food or drug; or
(b) is calculated to mislead as to its nature, substance or quality, he shall be guilty of an offence, unless he proves that he did not know, and could not with reasonable diligence have ascertained, that the label was of such a character as aforesaid,
(2) Subject to the provisions of subsection (3), if any person publishes, or is party to the publication of an advertisement, other than a label to which the provisions of subsection (1) apply which-
(a) falsely describes any food or drug; or
(6) is likely to mislead as to the nature, substance or quality of
any food or drug.
he shall be guilty of an offence, and, in any proceedings against the manufacturer, producer or importer of the food or drug, it shall rest on the defendant to prove that he did not publish, and was not a party to the publication of the advertisement.
(3) In any proceedings for an offence under subsection (2), it shall be a defence for the defendant to prove either-
(a) that he did not know, and could not with reasonable diligence have ascertained, that the advertisement was of such a charac- ter as is described in that subsection; or
(6) that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he received the adver- tisement in the ordinary course of business.
(4) For the purposes of this section, a label or advertisement which is calculated to mislead as to the nutritional or dietary value of any food is calculated to mislead as to the quality of the food.
False label- ling and
advertise- meat of food or drugs.