221363-1935-Supplementary-Adulterated-Food-and-Drugs — Page 5

Interference with official marks.

General penalty.

Forfeiture

of food or drug upon conviction

Notification of conviction in news- papers.

Adulteration,

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(4) Every person commits an offence who sells any food or drug containing a greater proportion of any substance than is permitted by any regulation made under this Ordinance.

(5) Every person commits an offence who sells any food which contains methylated alcohol.

(6) Every person commits an offence who sells any food which is unsound or unfit for human consump- tion.

(7) Every person who commits any offence men- tioned in this section shall for the first offence be liable to a fine not exceeding five hundred dollars and for any subsequent offence under this section, whether of the same or a different nature, to a fine not exceed- ing two thousand dollars.

11. Every person who without authority opens, alters, breaks, removes or erases any mark, fastening or seal placed by any officer in pursuance of the pro- visions of this Ordinance upon any food or drug or upon any package, place, door or opening containing or affording access to any food or drug commits an offence and shall be liable to a fine not exceeding two hundred and fifty dollars.

12. Every person who commits an offence against this Ordinance or the regulations made thereunder for which no penalty is otherwise expressly provided shall be liable to a fine not exceeding two hundred and fifty dollars.

13. (1) In the case of any conviction under this Ordinance the magistrate may order that any food or drug to which the conviction relates and any similar food or drug found on the defendant's premises or in his possession at the time of the commission of the offence, together with all packages containing the same, shall be forfeited to the Government.

(2) Everything so forfeited to the Government shall be disposed of as the Director of Medical and Sanitary Services directs.

14. A notification of the name and occupation of any person who has been convicted of any offence against this Ordinance together with his place or places of business, the nature of the offence and the fine, forfeiture or other penalty inflicted shall, if the magistrate so orders, be published in any newspaper circulating in the Colony.

Presumptions of law.

15. For the purposes of this Ordinance any food or drug shall be deemed to be adulterated if---

(a) it contains or is mixed or diluted with any substance which diminishes in any manner its nutritive or other beneficial properties as compared with such article in a pure and normal state and in an undeteriorated and sound condition, or which in any other man- ner operates or may operate to the prejudice or disadvantage of the purchaser or con-

sumer;

(b) any substance or ingredient has been extracted or omitted therefrom and by reason of such extraction or omission the nutritive or other beneficial properties of the article as sold are less than those of the article in its pure and normal state, or the purchaser or consumer is or may be in any manner prejudiced ;

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