HELD IN STOCK FOR THE PURPOSES OF SALE IN THE DISTRICT OF ALKMAAR CERTAIN QUANTITIES OF PROCESSED CHEESE INTENDED FOR SALE AND FOR HUMAN CONSUMPTION CONTAINING AN ADDITIVE , NAMELY NISIN , WHICH IS NOT ONE AUTHORIZED BY THE NETHERLANDS LAW APPLICABLE IN THIS CASE .
3 IT APPEARS FROM THE PAPERS IN THE CASE AND FROM INFORMATION GIVEN DURING THE ORAL PROCEDURE THAT NISIN IS AN ANTIBIOTIC FORMED BY CERTAIN TYPES OF LACTIC BACTERIA AND OCCURS NATURALLY IN VARYING QUANTITIES IN MOST VARIETIES OF CHEESE . IT HAS THE PROPERTY OF PRESERVING THE PRODUCT FOR A LONGER PERIOD BY RETARDING THE PROCESS OF DETERIORATION DUE TO THE PRESENCE OF BUTYRIC BACTERIA .
4 THE PROVISIONS OF NATIONAL LAW WITH WHOSE BREACH THE MANUFACTURER IS CHARGED ARE IN PARTICULAR THOSE ADOPTED PURSUANT TO THE LAW ON GOODS ( ' ' WARENWET ' ' ) OF 28 DECEMBER 1935 , WHICH EMPOWERS THE GOVERNMENT TO ADOPT LEGISLATIVE MEASURES FOR THE PURPOSE OF PROHIBITING THE MARKETING OR IMPORTATION OF CERTAIN GOODS UNDER CONDITIONS OTHER THAN THOSE PRESCRIBED .
5 ADOPTED IN PURSUANCE OF THAT LAW , THE GENERAL ORDER ( ' ' ALGEMEEN BESLUIT ' ' ) OF 11 JULY 1949 PROVIDES , IN ARTICLE 10 BIS ( 1 ) THEREOF , THAT ANTIBIOTICS MAY BE ADDED TO DRINKS AND FOODSTUFFS ONLY WHERE THE COMPETENT MINISTER HAS AUTHORIZED THEIR USE . AS FAR AS PROCESSED CHEESE IS CONCERNED , THE ADDITION OF NISIN IS NOT PROVIDED FOR IN EITHER THE ' ' KAASBESLUIT ' ' ( CHEESE ORDER ) OF 7 NOVEMBER 1959 OR THE ' ' SMELTKAASBESLUIT ' ' ( PROCESSED CHEESE ORDER ) OF 5 NOVEMBER 1959 . UNDER ARTICLE 8 ( H ) OF THE ' ' SMELTKAASBESLUIT ' ' , THE PRESENCE IN PROCESSED CHEESE OF SUBSTANCES OTHER THAN THOSE EXPRESSLY MENTIONED IN ARTICLE 1 THEREOF AND THOSE AUTHORIZED BY THE ' ' KAASBESLUIT ' ' IS PROHIBITED .
6 HOWEVER , BY VIRTUE OF A GOVERNMENT DECISION ( ' ' VRIJSTELLINGSBESCHIKKING ' ' ) OF 19 AUGUST 1965 , LAST AMENDED BY DECISION OF 14 MAY 1969 , PRODUCTS INTENDED FOR EXPORT ARE EXEMPT FORM THE PROHIBITION RESULTING FROM THOSE RULES , INCLUDING THOSE LAID DOWN BY THE ' ' SMELTKAASBESLUIT ' ' OF 5 NOVEMBER 1959 .
7 WHEN PROSECUTED UNDER THE LAW ON ECONOMIC OFFENCES ( ' ' WET OP DE ECONOMISCHE DELICTEN ' ' ) OF 22 JUNE 1950 FOR A CONTRAVENTION OF ARTICLE 8 ( H ) OF THE ' ' SMELTKAASBESLUIT ' ' , THE ACCUSED PLEADED IN PARTICULAR THAT THE QUANTITIES OF NISIN USED IN THE PRESENT CASE DID NOT PRESENT ANY DANGER TO PUBLIC HEALTH AND THAT THE ADDITION OF THAT SUBSTANCE TO CHEESE WAS AUTHORIZED IN OTHER MEMBER STATES . FROM THAT THE ACCUSED THUS DEDUCED THAT THE PROHIBITION OF THE ADDITION OF NISIN TO PROCESSED CHEESE INTENDED FOR THE DOMESTIC MARKET , WHICH RESULTED FROM THE PROVISIONS CITED ABOVE , CONSTITUTED A BREACH OF THE RULES OF THE