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Contents

Long Title

Part I PRELIMINARY

Part II ADMINISTRATION AND ENFORCEMENT

Part III SALE OF FOOD

Part IV FOOD ESTABLISHMENTS

Part V PRESUMPTIONS OF LAW

Part VI LEGAL PROCEEDINGS

Part VII SUPPLEMENTARY PROVISIONS

FIRST SCHEDULE Form 1

SECOND SCHEDULE Part I

Legislative History

Comparative Table

 
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On 24/05/2013, you requested for the version in force on 24/05/2013 incorporating all amendments published on or before 24/05/2013. The closest version currently available is that of 31/12/2002.
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PART V
PRESUMPTIONS OF LAW
Adulteration
25.  For the purposes of this Act, any food 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 food in a pure and normal state and in an undeteriorated and sound condition, or which in any other manner operates or may operate to the prejudice or disadvantage of the purchaser or consumer;
(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 food as sold are less than those of the food in its pure and normal state or the purchaser or consumer is or may be in any manner prejudiced;
(c)
it contains or is mixed or diluted with any substance of lower commercial value than such food in a pure and normal state and in an undeteriorated and sound condition;
(d)
it does not comply with the prescribed standard; or
(e)
it contains any substance which renders the food injurious to health.
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Liability of importer, packer or manufacturer
26.  Where any food or appliance in connection with which there is a breach of any provision of this Act is sold in an unopened package, any person who appears from any statement thereon or attached thereto to have imported or manufactured or prepared that food or appliance or to have enclosed it in that package shall, unless he proves the contrary, be deemed to have so imported, manufactured, prepared or enclosed that food or appliance and shall be liable to the same fine as if he had actually sold that food or appliance, as the case may be.
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Sale by agent or employee
27.  For the purposes of this Act —
(a)
every person shall be deemed to sell any food or appliance who sells the food or appliance either on his own account or as the agent or employee of any other person; and
(b)
in the case of any sale by an agent or employee, his principal or employer shall be under the same liability as if he had effected the sale personally.
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Presumptions as to sale for human consumption
28.
—(1)  When any food or appliance 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 under this Act for the purpose of analysis or examination shall be deemed to be a purchase and sale of such food for human consumption or use, unless the seller proves that the bulk from which the sample was taken was not offered, exposed or intended for sale for human consumption or use.
(3)  For the purposes of this Act every person shall be deemed to sell or to intend to sell any food if he sells or intends to sell for human consumption any article of which the food is a constituent.
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