1960-HKRS28-8-27_Part03 — Page 1

Defences availablo in proceed. ings under section 52.

Olences in connexion with the sale, ctc, of unfiť food or drugs.

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(3) Where regulations made under section 55 contain provisions prescribing the composition of, or prohibiting or restricting the addition of any substance to, any food or drug, a purchaser of that food or drug shall, unless the contrary is proved, be deemed, for the purposes of subsection (1), to have demanded a food or drug complying with the provisions of such regulations.

(4) In any proceedings for an offence under the provisions of sub- section (1), it shall not be a defence to allege that the purchaser bought for analysis or examination and therefore was not prejudiced.

(3) In this section, save in so far as it relates to drugs, any refer- ence to sale shall be construed as a reference to sale for human consumption.

(6) For the purposes of subsection (2), the expression "alcoholic liquor" means spirits. liqueurs, wines and Chinese type liquor.

53, (1) In any proceedings under section 52 for an offence coa- sisting of the sale of food to which any substance has been added, or in the preparation of which any substance has been used as an ingre. dient, or from which any constituent has been abstracted, or which has been subjected to any other process or treatment, other than food thereby rendered injurious to health. it shall be a defence for the person charged to prove that the operation in question was not carried out fraudulently, and that the article was sold having attached thereto a notice of adequate size, distinctly and legibly printed and con- spicuously visible, stating explicitly the nature of the operation, or was sold in a wrapper or container displaying such a notice.

(2) The provisions of subsection (1) shall apply in relation to an offence consisting of the sale of a drug to which any substance has been added, or from which any constituent has been abstracted, other than a drug thereby injuriously affected in its quality, constitution or potency, as they apply in relation to any such offence as is therein mentioned.

(3) In proceedings under section 52 in respect of any food or drug containing some extraneous matter, it shall be a defence for the defendant to prove that the presence of that matter was an unavoidable consequence of the process of collection or preparation.

54. (1) Subject to the provisions of this section, any person who- (a) sells, or offers or exposes for sale, or has in his possession for

the purpose of sale or preparation for sale; or

(b) deposits with, or consigns to, any person for the purpose of

sale or of preparation for sale,.

any food intended for, but unfit for, human consumption, or any drug intended for use by man but unfit for that purpose, shall be guilty of an offence.

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(2) Subject as aforesaid, where any food or drug in respect of which an offence under paragraph (a) of subsection (1) has been com- mitted was sold to the offender by some other person, that person also shall be guilty of an offence.

(3) Where a person is charged with an offence under paragraph (b) of subsection (1), or under subsection (2), it shall be a defence for him to prove either-

(a) that he gave notice to the person with whom he deposited. or to whom he consigned or sold, the food or drug in question that it was not intended for human consumption or for usz by man, as the case may bc; or

(b) that, at the time when he delivered or despatched it to that person, either it was fit for human consumption or for use by man, as the case may be, or he did not know, and could not with reasonable diligence have ascertained. that it was not so fit.

position of

55. (1) The Governor in Council may, so far as appears to him Regulations to be necessary or expedient in the interests of the public health, or as to com- otherwise for the protection of the public, make regulations for any of food and the following purposes-

drugs, etc.

(a) for requiring, prohibiting or regulating the addition or extrac- tion of any specified substance, or any substance of any specified class. to food intended for sale for human consump tion or to any drug intended for sale for use by man or any class of such food or drug, or the use of any substance as an ingredient in the preparation or preservation of any such food or drug, and generally for regulating or prescribing the com- position of such food or drug or the bacteriological or chemical standard thereof;

(6) for prohibiting, restricting or regulating the importation or manufacture, or the sale, possession for sale, offer or exposure for sale, or consignment or delivery, of food or drugs or any ingredients thereof which do not comply with any such reg- ulations, or in relation to which an offence under such regulations has been committed or would have been committed if any relevant act or omission had taken place in the Colony, or for prohibiting or regulating the importation of any such food or drugs or of any food or drugs which, in his opinion, are or may be prejudicial to the public health;

(c) for probibiting, restricting or regulating the importation or the use of any specified materials, or of materials of any specified class, in the manufacture of apparatus or utensils designed for use in the preparation or preservation of food for human con- sumption or drugs for use by man and the sale or importation