Offences i11 relation to
warranties or certificates of analysis.
Sale, clc. by servants or agents.
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(b) that he had no reason to believe at the time of the commission
of the alleged offence that it was otherwise; and
(c) that it was then in the same state as when he purchased it (2) A warranty shall only be a defence in proceedings under this Part if-
(a) the defendant-
(i) has, not later than three clear days before the date of the hearing, sent to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it; and
(ii) has also sent a like notice to that person; and
(b) in the case of a warranty given by a person resident outside the Colony, the defendant proves that he had taken reasonable steps to ascertain, and did in fact believe in, the accuracy of the statement contained therein.
(3) Where the defendant is a servant or agent of the person who purchased the article or substance under a warranty, he shall be entitled to rely on the provisions of this section in the same way as his employer or principal would have been entitled to do if he had been the defendant.
(4) The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence. and the court may, if it thinks fit, adjourn the hearing to enable hüp to do so.
(5) For the purposes of this section and of section 72, a name of description entered in an invoice shall be deemed to be a written warranty that the article or substance to which the entry refers can be sold or otherwise dealt with under that name or description by any person without contravening any of the provisions of this Part.
72. (1) A defendant who in any proceedings under this Part wil fully applies to any article or substance a warranty or certificate of analysis given in relation to any other article or substance shall be guilty of an offence.
(2) A person who, in respect of any article or substance sold by him, being an article or substance in respect of which a warranty might be pleaded under section 71, gives to the purchaser a false warranty in writing shall be guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statements or des cription contained therein were accurate.
73. For the purpose of this Part, every person shall be deemed to sell, offer, expose or advertise for sale, or have in his possession for sale, any food for human consumption or drug for use by man, who
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sells, offers, exposes or advertises for sale, or has in his possession for sale, such food or drug either on his own account or as the servant or agent of some other person, and, where such person is the servant or agent of some other person, such other person shall, subject to the provisions of this Part, be under the same liability as if he had himself sold, exposed or advertised for sale, or had in his possession for sale, such food or drug.
incidental
74. (1) Where a person is convicted of an offence under this Part. Recovery of the court may order that all expenses incidental to the taking of any expenses sample or the making of any analysis of any food or drug in respect to taking of which the conviction is obtained shall be paid by the person convicted. of suruples.
(2) All such expenses shall be recoverable in the same manner as
a finc is recoverable.
75, If any person is convicted of an offence under this Part relating Notification to the sale or preparation for sale of any food for human consumption of convic-
tions in
or drug for use by man, the Authority may cause to be published in newspapers, any newspaper circulating in the Colony-
(a) the name of the offender:
(b) the address (if any) of the place at which the offence was
committed;
(c) the nature of the offence; and
(2) the fine, forfeiture or other penalty imposed.
76. Save as otherwise provided in this section, no information Juid Protection of
in respect of any offence under this Part shall be admitted in evidence of informers. and no witness in any proceedings for an offence under this Part shall be obliged or permitted to disclose the name or address of any informer o state any matter which might lead to his discovery, and, if any books, documents or papers which are in evidence or liable to inspection in aay such proceedings contain any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far may be necessary to protect the informer from discovery, but no further:
Provided that, if the court after full inquiry into the case is satisfied that the informer wilfully made in his information a material statement which he knew or believed to be false, or did not believe to be trus, or if it appears to the court that justice cannot otherwise fully be done, it shall be lawful for the court to require the production of the original information and permit inquiry and require full disclosure concerning the informer.