CAP. 132]
Sale by agent
or servant.
Presumption as to sale for human consumption or use.
Proceedings for offences.
No defence that offence not wilfully committed.
Adulterated Food and Drugs.
17. For the purposes of this Ordinance every person shall be deemed to sell any food or drug who sells the 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 or offered for sale, it shall, unless the contrary is proved, be deemed to be sold or exposed or offered for 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 consumption or use any article of which such food or drug is a constituent.
Legal proceedings and evidence, etc.
19. (1) All proceedings in respect of an offence against this Ordinance shall be taken in a summary 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 prosecution is based.
20. In a prosecution for selling any food or drug contrary to the provisions of this Ordinance or of any regulation made thereunder it shall be no defence that 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.
12
CAP. 132]
Sale by agent
or servant.
Presumption as to sale for human consumption or use.
Proceedings for offences.
No defence that offence not wilfully committed.
Adulterated Food and Drugs.
17. For the purposes of this Ordinance every person shall be deemed to sell any food or drug who sells the 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 or offered for sale, it shall, unless the contrary is proved, be deemed to be sold or exposed or offered for 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 consumption or use any article of which such food or drug is a constituent.
Legal proceedings and evidence, etc.
19. (1) All proceedings in respect of an offence against this Ordinance shall be taken in a summary 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 prosecution. is based.
20. In a prosecution for selling any food or drug contrary to the provisions of this Ordinance or of any regulation made thereunder it shall be no defence that 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 Ordin- ance or regulation.
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