10 15 5 (Adulteration). preparation thereof as an article of commerce A.D. 1928. (b) where the food or drug is the subject of a (c) where the food or drug is unavoidably mixed (d) where the article being whisky, brandy, rum (3) In any prosecution under this section it shall be no defence to allege that the purchaser, having bought 20 only for analysis, is not prejudiced. (4) Where any regulations made under the Public Health (Regulations as to Food) Act, 1907 (as amended by any subsequent enactment), and the enactments mentioned in that Act, prescribe the composition of any 25 article of food intended for sale, or prohibit or restrict the addition of any preservative or other ingredient or material to any such article, the purchaser of such article shall, unless the contrary is proved, be deemed for the purposes of this section to have demanded an article 30 complying with the provisions of the regulations as regards the presence or amount of any constituent ingredient or material specified in the regulations. 3. If any person sells any compound article of Provision as food, or any compounded drug, which is not composed to sale of 35 of ingredients in accordance with the demand of the compounds. [1875, 8. 7.] purchaser, he shall be guilty of an offence. article 4.-(1) No person shall be guilty of any such offence Protection as aforesaid in respect of the sale of an article of food from liaor a drug mixed with any ingredient or material not bility where 40 injurious to health, and not intended fraudulently to properly increase its bulk, weight, or measure, or to conceal its labelled. inferior quality, if at the time of delivering the article [1875, s. 8; 1899, s. 12.] [186] A 2 (Adulteration). A.D. 1928. of food or drug he supplies to the person receiving it a notice, by a label distinctly and legibly written or printed on or with the article or drug, to the effect that it is mixed. Offences in relation to the abstrac (2) For the purposes of this section a label shall 5 not be deemed to be distinctly and legibly written or printed if the notice of mixture given by the label is obscured by other matter on the label: but nothing in this subsection shall hinder or affect the use of any registered trade mark, or of any label which had been continuously 10 in use for at least seven years before the first day of January nineteen hundred. (3) The Comptroller-General of Patents, Designs and Trade Marks shall not register any trade mark purporting to describe a mixture unless it complies 15 with the requirements of this section. 5. If any person abstracts from any article of food any part of it so as to affect injuriously its nature, substance or quality, with the intent that it may be sold in its altered state without notice, or if any person 20 food of parts sells any article so altered without making disclosure of the alteration, he shall be guilty of an offence. tion from articles of thereof. [1875, s. 9.] Conditions to be observed in dealings in margarine, margarinecheese, and milkblended butter. [1887, ss. 3, 6, 8 and 10; 1899, ss. 5 6 and 8; 1907, ss. 8 and 9.] PART II. PROVISIONS WITH RESPECT TO SPECIAL ARTICLES. 6.-(1) Margarine, margarine-cheese and milk- 25 blended butter, whenever sold or forwarded by any public conveyance shall be sold or consigned as margarine or margarine-cheese, or in the case of milk-blended butter under such name or names as may be approved by the Minister of Agriculture and Fisheries. (2) It shall not be lawful to manufacture, sell or expose for sale any margarine the fat of which contains more than ten per cent. of fat derived from milk. 30 (3) Every person dealing in margarine, whether wholesale or retail, and whether as manufacturer, 35 importer, consignor, consignee, commission agent or otherwise, shall conform to such of the following regulations as may be applicable :-- (a) Every package containing margarine, whether open or closed, shall have the word "Margarine" 40 (Adulteration). 5 10 15 20 25 30 35 branded or durably marked on the top, bottom, A.D. 1928. (b) There shall be attached to every parcel of (c) Margarine when sold by retail, save in a package 66 66 (4) The requirements of paragraphs (a), (b) and (c) of subsection (3) of this section shall apply to margarinecheese and to persons dealing therein with the sub40 stitution of "Margarine-cheese" for "Margarine " Provided that where margarine-cheese is sold or dealt in otherwise than by retail it shall be sufficient compliance with those requirements if it is itself conspicuously branded with the words "margarine-cheese." (Adulteration). 5 (5) The requirements of paragraphs (a), (b) and (c) of subsection (3) of this section shall apply to milkblended butter and to persons dealing therein with the substitution of a name approved name approved by the Minister of Agriculture and Fisheries for the word "margarine, save that there shall, in addition to the approved name, be printed on the outside of the wrapper referred to in paragraph (c), in such manner as the Minister of Agriculture and Fisheries may approve, such description of the article setting out the percentage of moisture or water 10 contained therein as may be approved by the Minister. (6) Any substances purporting to be butter or cheese which are exposed for sale and not marked in the manner in which margarine, margarine-cheese or milk-blended butter is required to be marked under 15 this Act shall be presumed to be exposed for sale as butter or cheese as the case may be. (7) Any person who contravenes any of the provisions of this section shall be guilty of an offence. 7.--(1) The Minister of Agriculture and Fisheries 20 may, after such inquiry as he deems necessary, make regulations for determining what deficiency in any of the normal constituents of genuine milk, cream, butter, or cheese, or what addition of extraneous matter or proportion of water, in any sample of milk 25 (including condensed milk), cream, butter, or cheese, or what proportion of any milk-solid other than fat in any sample of butter or milk-blended butter, shall for the purposes of this Act raise a presumption, until the contrary is proved, that, the milk, cream, butter, 30 cheese or milk-blended butter is not genuine or is injurious to health, and an analyst shall have regard to such regulations in certifying the result of an analysis under this Act. (2) The Minister of Health may, after such inquiry 35 as he deems necessary, make regulations for prohibiting the use as a preservative of any substance specified in such regulations in the manufacture or preparation for sale of butter, margarine, or milk-blended butter, or for limiting the extent to which, either generally or as regards any particular substance or substances, preservatives may be used in the manufacture or 40 (Adulteration). preparation for sale of butter, margarine, or milk- A.D. 1928. blended butter. (3) Any regulations made under this section shall be notified in the London Gazette, and shall also be 5 made known in such other manner as the Minister making the regulations may direct. (4) Any person who manufactures, sells, or exposes or offers for sale, or has in his possession for the purpose of sale, any butter, margarine, or milk-blended butter 10 which contains a preservative prohibited by a regulation under this section, or an amount of a preservative in excess of the limit allowed by any such regulation, shall be guilty of an offence. 8.-(1) All premises to which this section applies; Registration 15 that is to say 20 of factories and whole (a) factories of margarine, margarine-cheese, or sale pre- (b) premises where the business of a wholesale (c) butter factories, that is to say, premises on 25 shall be registered by the owner or occupier thereof (2) Registration of premises under this section shall be forthwith notified by the Food and Drugs Authority to the Minister of Agriculture and Fisheries. (3) Premises shall not be used as a butter factory if 35 they form part of, or communicate otherwise than by a public street or road with, any other premises which are required to be registered under paragraph (a) or paragraph (b) of subsection (1) of this section; and if any mises. |