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REPORT OF THE KING INSTITUTE, GUINDY
( d) sells milk, cream, butter, ghee or cheese which is not up to the standard of purity
prescribed by the Governor in Council ;
shall be punished for the first offence with fine which may extend to one hundred rupees and
for every subsequent offence with fine which may extend to five hundred rupees.
Provided that in the following cases no offence under this section shall be deemed to
have been committed :—
(i) where any innocuous material has been used or admixed in the composition or
preparation of the food to render the same fit for carriage or consumption and not fraudulently
to increase the bulk, weight or measure of the food or to conceal or debase the quality
thereof ; or
(ii) where in the process of production, collection, preparation or conveyance of the
food some extraneous material has unavoidably been admixed therewith ; or
(iii) where any innocuous material has been added or admixed or the article of food
sold is not up to the standard of purity prescribed by the Governor in Council, and before the
sale the vendor has clearly brought the fact to the notice of the purchaser either by means of
a label on or with the food. or in such other manner as the Local Government may, by rule
framed under section 20 of this Act, prescribe ; or
(iv) where the food is the subject of a patent in force and is supplied in the state
required by the specification thereof.
(2) In every prosecution for an offence against this section, the court may presume that
any food found in the possession of a person, who is in the habit of manufacturing like
articles of food, has been manufactured for sale.
Presumptions to be made
and pleas to
be disallowed
or allowed.
6. (1). In every prosecution for an offence against the last preceding section, it shall be no
defence to allege merely that the vendor was ignorant of the nature, substance or quality
of the food sold by him or that the purchaser having bought only for analysis was not
prejudiced by the sale.
Provided that the vendor shall not be deemed to have committed an offence under
section 5, if he proves that the food was purchased by him as the same in nature, substance
and quality as that demanded by the purchaser and with a written warranty to the effect that
it was of such nature, substance and quality, that he had no reason to believe at the time
when he sold the same that the food was not of such nature, substance or quality, and that he
sold it in the same state as that in which he purchased it.
(2) Where an employer is charged with an offence under this Act, he shall be entitled
on application duly made by him to have any other person whom he charges as the actual
offender brought before the court at the time appointed for the hearing, and if, after the
commission of the offence has been proved, the employer proves to the satisfaction of the court
that he used due diligence to enforce the execution of this Act and that the said other person
committed the offence without his knowledge, consent or connivance, the said other person
shall be convicted and the employer shall be acquitted.
Powers of local
executive officers for
purposes of
inspection.
7. (1) The local executive officer may without notice enter any place where articles of
food are being manufactured or exposed of sale at any time by day or night when the exposure
for sale or manufacture is being carried on and inspect the same and any utensil or vessel
used for manufacturing, preparing or containing any such article.
(2) No claim shall lie against any local authority or any person for any damage or
inconvenience necessarily caused by the exercise of powers under this section or by the use of
any force necessary for effecting an entry into any place under this section.
(3) In any legal proceedings in respect of powers exercised under this section in which
it is alleged that any food was not kept, exposed, hawked about, manufactured, prepared,
stored, packed, or cleansed for sale, or was not intended for human food, the burden of proo F
shall lie on the party so alleging.
Penalty for
preventing
inspection
8. Every person who shall in any manner whatsoever prevent the local executive officer
or person duly authorized by him exercising his powers under the last preceding section, shall
be punished, where his act does not amount to an offence under the Indian Penal Code, with
a fine which may extend to fifty rupees.
Power of local
executive officer to seize
adulterated food, etc.
9. If any article intended for food appears to the local executive officer to be adulterated
or other than what it purports or is represented to be, or if any vessel or utensil used in
manufacturing, preparing or containing such article appears to violate any rule made under
section 20, he may seize or carry away or secure such article, utensil or vessel, in order that
the same may be dealt with as hereinafter provided.
Penalty for
removing or
interfering with artioles
seized.
10. Every person who shall remove or in any way interfere with an article secured under
the last preceding section shall be punished with fine which may extend to five hundred
rupees.
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