REPORT OF THE PUBLIC ANALYST TO GOVERNMENT
(b) manufactures for sale, or offers for sale or hawks about or sells any food which
is not of the nature, substance or quality which it purports, or is represented to be ; or
(c) abstracts from any food any part of it so as to affect injuriously the nature,
substance or quality thereof with intent that it should be sold in its altered state without notice
of the alteration, or sells any article so altered without making disclosure of the alteration ; or
(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.
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 pur
-chaser 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 sec
-tion 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.
7. (1) The local executive officer may without notice enter any place where articles of
food are being manufactured or exposed for 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 proof shall lie on the party so alleging.
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.
Presumptions to be
made and pleas to be dis
-allowed or allowed.
Powers of local execu
-tive officers for purposes
of inspection.
Penalty for preventing
inspection.