302339-1941-Adulterated-Food-and-Drugs-Ord--1935-The-Preservatives-in-Food-Regulations — Page 3

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 31, 1941. 147

4.-(1) No person shall sell any article which is recom- mended in any mark or label placed thereon or

on its receptacle or container for use as a preservative of, or colouring matter for, any article of food or is described or referred to in any such mark or label in terms likely to lead to its being so used,-

(i) if such use would be contrary to these regulations; or

(ii) if in the case of a preservative, it is not labelled in accordance with the rules set out in the Second Schedule to these regulations.

(2) No person shall on or in connexion with the sale of any article or in any advertisement, circular or notice relating thereto recommend it for use as a preservative of, or colouring matter for, any article of food, or describe or refer to it in terms likely to lead to its being so used, if such use would be contrary to these regulations.

(3) No person shall sell any article which is recom- mended in any such mark or label as aforesaid for use as a thickening substance for cream or is described or referred to in any such mark or label in terms likely to lead to its being so used, and no person shall en or in connexion with the sale of any article or in any advertisement, circular or notice relating thereto recommend it for use as a thickening substance for cream or describe or refer to it in terms likely to lead to its being so used.

5.-(1) Any officer may enter at all reasonable times any premises where articles to which these regulations apply are prepared, packed, labelled or stored.

(2) Any such officer may take samples of any such article or of any substance used or capable of being used in the preparation of any such article and of any labels designed to be affixed to any such article or to any package or other receptacle containing such article, but shall if so required make reasonable payment for any samples so taken.

6. The provisions of these regulations with respect to prohibiting any preservative or colouring matter or thicken- ing substance in articles of food and requiring the labelling of certain articles of food and of articles sold as preservatives shall not apply in the case of any article which has been imported for the purpose of re-export.

7. In any proceedings under these regulations, where the fact that any article has been dealt with contrary to the regulations has been proved, if the respondent desires to rely upon the exceptions or provisions contained in these regulations with reference to such article being sold for con- sumption on the premises or being intended for re-export it shall be incumbent upon him to prove that the article was so sold or was intended for re-export.