639925-1896-Ordinance-No-18-of-1896-assented-to- — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 22ND AUGUST, 1896.

No. 18 OF 1896.

An Ordinance enacted by the Governor of Hong- kong, with the advice and consent of the Legislative Council thereof, to make better provision for the Sale of Food and Drugs in a pure state.

Title.

LS

WILLIAM ROBINSON,

Governor.

[19th August, 1896.]

BE

E it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as The Sale of Food and Drugs Ordinance, 1896.

2. The term food, when used in this Ordinance, shall include every food or article used for food or drink by man, other than drugs or water.

The term drug, when used in this Ordinance, shall include medicine for internal or external use.

3. Any person who shall mix, colour, stain, or powder, or order or permit any other person to mix, colour, stain, or powder, any article of food with any ingredient or material so as to render the article injurious to health, with intent that the same may be sold in that state, and any person who shall sell any such article so mixed, coloured, stained, or powdered, shall be liable in every case, upon summary conviction before a Magistrate, to a fine not exceeding the sum of five hundred dollars and in default of payment of the said fine to imprisonment for a period not exceeding six mouths with or without hard labour.

4. Any person who shall mix, colour, stain, or powder, or order or permit any other person to mix, colour, stain, or powder, any drug with any ingredient or material so as to affect injuriously the quality or potency of such drug, with intent that the same may be sold in that state, and any person who shall sell any such drug so mixed, coloured, stained, or powdered, shall be liable in every case to the same punishment as prescribed in the preceding section of this Ordinance.

5. Provided that no person shall be liable to be con- victed under either of the two last foregoing sections of this Ordinance in respect of the sale of any article of food, or of any drug, if he shows to the satisfaction of the Magistrate before whom he is charged that he did not know of the article of food or drug sold by him being so mixed, coloured, stained, or powdered as in either of those sections mentioned, and that he could not with reasonable diligence have obtained that knowledge.

6. Any person who shall sell to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance, or quality of the article demanded by such purchaser, shall be liable in every case, upon sum- mary conviction before a Magistrate, to a fine not exceed- ing two hundred dollars and in default of payment of the said fine to imprisonment for a period not exceeding three months with or without hard labour; provided that an offence shall not be deemed to be committed under this section in the following cases; that is to say:-

Short title.

Interpretation

of words. (38 & 39 Vic. c. 63. x. 2.1

Prolition against the mixture of food wish injurious ingredients and against selling when so mixed,

(1684, 3.)

Prohibition. against the mixing of injurious ingredients with dres and against. selling the mixture.

(Ibil, s. 4.)

Exemption in ense of proof of absence of knowledge.

(Thich, 4. 5.)

Prohibition

against the sale of articles of food and drugs not of the proper mature. substance, or quality.

(Mid, ». 6.)

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