221363-1935-Supplementary-Adulterated-Food-and-Drugs — Page 6

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(e) it contains or is mixed or dilated with any substance of lower commercial value than 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 any regulation made under this Ordinance,

manufacturer,

16. Where any food or drug in connection with Liability of which there is a breach of any provision of this Ordi- importer or 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 he 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.

17. For the purposes of this Ordinance every person Sale by agent shall be deemed to sell any food or drug who sells the or servant, 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 under the same liability as if he had effected the sale personally.

18.-(1) When any food or drug is sold or exposed Presumptions or offered for sale, it shall, unless the contrary is as to sale proved, be deemed to be sold or exposed or offered for for human sale for human consumption or use.

(2) The purchase and sale of a sample of any food or drug under 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.

consumption

or use.

19.—(1) All proceedings in respect of an offence Proceedings against this Ordinance shall be taken in a summary for offences. 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.

any

committed.

20. In a prosecution for selling any food or drug No defence contrary to the provisions of this Ordinance or of that offence regulation made thereunder it shall be no defence that not wilfully 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 the Ordinance or regulation.

21.—(1) Subject to the provisions hereinafter in Reliance on this section contained it shall be a good defence in written any prosecution for an offence under section 10 if the warranty a defendant proves that he purchased the article sold good defence. 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