P.N.D.C.L.3058
(b)
Food and Drugs Act, 1992
that, at the time when the food was delivered or dispatched to that person,
(i) it was fit for human or animal consumption, or
(ii) that person did not know and could not with reasonable diligence have
ascertained that the food was not fit for human or animal consumption.
9. Penalty and defence
(I) A person who is found guilty of an offence under section I, 2, 3, 4, 5, 6, 7 or 8 is
liable on conviction to a fine not exceeding five hundred penalty units or to a term of
imprisonment, not exceeding two years or to both the fine and the imprisonment and is
liable, in the case of a continuing offence, to a further fine of twenty-five penalty units for
each day during which the offence continues.
(2) In proceedings for an offence under the sections referred to in subsection (I), in
respect of a food containing an extraneous matter, unless the presence of the extraneous
matter has rendered the food injurious to health, it is a defence for the accused to prove
that the presence of that matter was an unavoidable consequence and forms part of the
process of preparation or collection of that food.
(3) In proceedings for an offence consisting of the advertisement for sale of a food, it is
a defence for the accused to prove that the publication was received and made in the
ordinary course of business of the accused as a publisher.
10. Closure of premises
The Minister shall, on the advice of the Board, order the closure of any premises where
food is manufactured, prepared or sold, if the Board has reason to believe that the food is
exposed to the risk of contamination and the Minister may make a further order
appropriate in the circumstances.
Drugs, Cosmetics, Devices and Chemical Substances
11. Prohibited sale of drugs and other chemical substances
A person commits an offence if that person sells a drug, cosmetic, device or chemical
substance which
(a)
has in or on it a substance that may cause injury to the health of the user
when the article is used
(i) according to the directions on the label accompanying the article, or
(ii) for a purpose and by a method of use that is customary or usual,
(b)
consists in whole or in part of a filthy, rotten, decomposed or diseased sub
stance or of a foreign matter likely to cause injury,
(c)
is adulterated, or
(d)
is prepared, preserved, packed or stored under unsanitary conditions.
[Issue I]
IV- 906