FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 3 Defences available in proceedings under s.2.

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FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 3

Defences available in proceedings under s.2.

3.(1) In any prosecution under section two for an offence consisting of the
sale of food to which any substance has been added, or in the preparation of
which any substance has been used as an ingredient, or from which any
constituent has been abstracted, or which has been subjected to any other
process or treatment, other than food thereby rendered injurious to health, it
shall be a defence for the person charged to prove

(a)that the operation in question was not carried out fraudulently; and

(b)that the article was sold having attached thereto a notice of adequate
size, distinctly and legibly printed and conspicuously visible, stating
explicitly the nature of the operation, or was sold in a wrapper or container
displaying such a notice.

Subs.(2) rep. by 1968 c.67 s.135(4) sch.8

(3) In any prosecution under section two for an offence alleged to have been
committed by the sale of an article containing extraneous matter, it shall be
a defence for the person charged to prove that the presence of that matter was
an unavoidable consequence of the process of collection or preparation.

(4) In any prosecution under section two for an offence alleged to have been
committed by the sale of diluted spirit, being whisky, brandy, rum or gin, it
shall be a defence for the person charged to prove that the spirit was diluted
with water only and that its strength was not lower than thirty-five degrees
under proof; but nothing in this sub-section shall affect the provisions of
sub-section (4) of section one hundred and sixty-one of the Customs and Excise
Act, 1952 (which relates to the dilution of spirits after computation of
duty).

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Northern Irish Legislation

FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 3