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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.
© 1958 Crown Copyright
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