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FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 6

Labels and advertisements describing food incorrectly.

6.(1) A person who gives with any food... sold by him, or displays with any
food... exposed by him for sale, a label, whether attached to or printed on
the wrapper or container or not, which

(a)falsely describes that food...; or

(b)is calculated to mislead as to its nature, substance or quality;

(2) Subject to sub-section (4), a person who publishes, or is a party to the
publication of, an advertisement (not being such a label so given or displayed
by him as aforesaid) which

(a)falsely describes any food...; or

(b)is calculated to mislead as to its nature, substance or quality;

(3) It is hereby declared that for the purposes of this section a label or
advertisement which is calculated to mislead as to the nutritional or dietary
value of any food is calculated to mislead as to the quality of the food.

(4) In any prosecution under sub-section (2) it shall be a defence for the
accused to prove either

(a)that he did not know, and could not with reasonable diligence have
ascertained, that the advertisement was of such a character as is described in
that sub-section; or

(b)that, being a person whose business it is to publish, or arrange for the
publication of, advertisements, he received the advertisement for publication
in the ordinary course of business and did not himself make, or cause to be
made, any material alteration in the substance of that advertisement.

(5) In any prosecution for an offence under this section the fact that a label
or advertisement in respect of which the offence is alleged to have been
committed contained an accurate statement of the composition of the food...
shall not preclude the court from finding that the offence was committed.

(6) In this section... references to sale shall be construed as references to
sale for human consumption.


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© 1958 Crown Copyright

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