P.N.D.C.L.3058

Food and Drugs Act, /992

(c)
(d)

a substance of the food has been substituted wholly or in part;

(e)

it contains an additive not expressly permitted by the Regulations for the
food concerned, or is in excess of the quantity permitted;

(f)

a constituent of the food exceeds the amount stated on the label or permitted
in the Regulations; or
its nature, substance and quality has been affected to its detriment.

(g)

a substance has been added to, or mixed or packed with the food to increase
its bulk or weight or reduce its quality or strength or to make it appear better
or of greater value than it is;

3. Deception of consumers
A person who manufacturers, labels, packages, sells or advertises a food in a manner
that is false, misleading or deceptive as regards its character, nature, value, additives,
substance, quality, composition, merit or safety, commits an offence.2
4. Standards of foods
Where a standard is prescribed under an enactment for food, a person who manufactures, labels, packages, sells or advertises food in a manner that the food is likely to be
mistaken for food of the prescribed standard, commits an offence.3
5. Prohibition against sale of poor quality food
(I) A person who sells to the prejudice of a purchaser a food which is not of the nature,
substance or quality of the article demanded by the purchaser commits an offence.
(2) It is not a defence to an offence under subsection (I) to plead that the purchaser was
not prejudiced because the food was bought for analysis or for a purpose other than for
consumption.
6. Manufacture of food under supervision
A person shall not manufacture a food for sale unless the food is manufactured under
the supervision of a person with appropriate knowledge and qualification who can ensure
the purity and wholesomeness of the food.4
6A. Mandatory fortification of salt
(1) A person shall not
(a) mine salt for human or animal consumption, or
2. Section 3 was replaced by section I of the Food and Drugs (Amendment) Act, 1996
(Act523).
3. The word "manufactures" was inserted by section 2 of the Food and Drugs (Amendment)
Act, 1996 (Act523).
4. The words "licensed under the Manufacturing Industries Act, 1971 (Act 356)" were deleted
by section 3 of the Food and Drugs (Amendment) Act, 1996 (Act 523).

[Issue 1]

IV-904

Select target paragraph3