FOOD [Cap. 544

CHAPTER 544

FOOD

Acc AN ACT TO REGULATE AND CONTROL THE MANUFACTURE, IMPORTATION, SALE AND

No. 26 of 1980. DISTRIBUTION OF FOOD, TO ESTABLISH A FOOD ADVISORY COMMITTEE, TO

REPEAL THE FOOD AND DRUGS ACT OF 1949, AND TO PROVIDE FOR

MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.

[1st February, 1981.]*

Short title.

Prohibition onmanufacture,importation,sale anddistribution offood.

1. This Act may be cited as the FoodAct.

PART I

PROHIBITION IN RESPECT OF FOOD

2. (1) No person shall manufacture,import, sell or distribute any food-

(a) that has upon it any natural or addeddeleterious substance which rendersit injurious to health;

(b) that is unfit for human consumption;

(c) that consists in whole or in part ofany unclean, putrid, repugnant,decayed, decomposed or diseasedanimal substance or decayedvegetable substance or IS insectinfested;

(d) that is adulterated;

(e) that has In or upon it any addedsubstance in contravention of theprovisions of this Act or anyregulation made thereunder; or

(j) in contravention of the provisions ofthis Act or any regulation madethereunder.

(2) No person shall manufacture,prepare, preserve, package or store for saleany food under insanitary conditions.

* Gazette No. 124 of 16th January, 1981.

(3) No person shall import, sell ordistribute any food manufactured, prepared,preserved, packaged or stored for sale underinsanitary conditions.

3. (1) No person shall label, package,treat, process, sell or advertise any food ina manner that is false, misleading, deceptiveor likely to create an erroneous impression,regarding its character, value, quality,composition, merit or safety.

(2) Any food that IS not labelled orpackaged as required by the regulationsmade under this Act or IS labelled orpackaged contrary to such regulations shallbe deemed to be labelled or packagedcontrary to subsection (1).

4. Where a standard is prescribed forany food, no person shall label, package,sell or advertise' any food which does notconform to that standard in such a manneras is likely to be mistaken for the food forwhich the standard has been prescribed.

5. No person shall offer for sale, exposefor sale or sell for use as animal food or forother purposes any food which has beenspoilt or rendered unfit for humanconsumption except with the permission of,and in accordance with the directions issuedby the Chief Food Authority or such otherperson authorized by him in writing in thatbehalf.

6. (1) No manufacturer or a distributorof or a commission agent or a dealer in anyfood shall sell such food to any vendor

Labellingpackaging,advertising,&c.

Wherestandard isprescribed.

Sale forpurposes otherthan humanconsumptionof foodrendered unfitfor humanconsumption.

Warrantry.

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Cap. ~44] FOOD

Licensing.

Food AdvisoryCommittee.

unless he also gives that vendor a warrantyin the prescribed form in respect of thenature, substance and quality of that food.

(2) A bill, cash memorandum or in.voice,in respect of the sale of any food given by amanufacturer or distributor of or acommission agent or a dealer in any suchfood to the vendor of that food, shall bedeemed to be a warranty under thepreceding provisions of this section inrespect of that food, if such bill, cashmemorandum or invoice contains adescription of the nature, substance andquality of that food.

(3) No manufacturer or distributor of, ora commission agent or dealer in, any foodshall under subsection (1) give a warrantywhich is false.

7. (I) No person shall manufacture,prepare, preserve, package, store or sell anyfood in any premises unless such premiseshas been licensed by the relevant FoodAuthority who shall be the licensingauthority.

(2) No person shall manufacture,prepare, store or sell or distribute any foodunless he is the holder of a licenceauthorizing him to manufacture, prepare,store, sell or distribute any food otherwisethan in accordance with the terms andconditions of such licence.

PART 11

ADMINISTRATION

8. (1) There shall be a Committee whichshall be called the Food AdvisoryCommittee consisting of-

(a) the Director of Health Services whoshall be the Chairman of theCommittee;

(b) the Assistant Director of HealthServices in charge of Food ControlAdministration who shall be theSecretary of the Committee;

(c) the Government Analyst or anyofficer nominated by him;

(d) the city Analyst of the ColomboMunicipality;

(e) the Principal Collector of Customs orany officer nominated by him;

(j) the Chief Medical Officer of Health ofthe Colombo Municipality;

(g) (i) a representative of the Ministrycharged with the subject of Foodnominated by the Minister incharge of that subject, or arepresentative of any departmentunder that Ministry nominatedby that Minister;

(ii) a representative of the Ministrycharged with the subject ofTrade, nominated by theMinister in charge of thatsubject, or a representative ofany department under thatMinistry nominated by thatMinister;

(iii) a representative of the Ministrycharged with the subject of LocalGovernment, nominated by theMinister in charge of that subject,or a representative of anydepartment under that Ministrynominated by that Minister;

(h) a representative of the Bureau ofCeylon Standards nominated by theMinister in charge of the subject ofIndustries;

(i) a nutritionist from the MedicalResearch Institute nominated bythe Minister;

U) a food technologist nominated by theMinister;

(k) two experts in food sciencenominated by the Minister;

(l) two members nominated by theMinister one of whom shallrepresent commercial interests andthe other industrial interests;

(m) two members nominated by theMinister to represent the interestsof the consumer; and

(n) the Chief Food and Drug Inspector.

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FOOD [Cap. 544

Duties of theFood AdvisoryCommittee.

FoodAuthority.

(2) Every member of the Committeenominated by the Minister underparagraphs (J), (k), (l) and (m) of subsection(I) shall, unless he earlier vacates office byresignation, death or removal, hold officefor a period of three years from the date ofhis nomination and shall be eligible forre-nomination.

(3) Every member of the Committeeother than the members referred to insubsection (2) shall cease to be a member ofthe Committee on his ceasing to hold officewhich qualified him to be, or to benominated as, a member of the Committee.

(4) The Committee may discharge itsfunctions notwithstanding any vacancyamong its members.

(5) Seven members of the Committeeshall form a quorum for any meeting of theCommittee.

(6) Subject to the provisions of this Act,the Committee may regulate its ownprocedure in regard to its meetings and thetransaction of business at the meetings.

9. (I) It shall be the duty of the FoodAdvisory Committee to advise the Ministeron matters arising out of the administrationof this Act and to carry out other functionsassigned to it under this Act.

(2) The Committee may appoint suchsub-committees, as it deems fit, to exercisesuch powers, perform such duties ordischarge such functions as may, subject tosuch conditions, if any, as the Committeemay impose, be delegated to them by theCommittee, and may appoint to these sub­committees persons who are not members ofthe Committee.

10. (I) Save as otherwise provided insubsection (4), for every administrative areaof a local authority there shall be a FoodAuthority to carry into execution andenforce within the administrative area of therespective local authority the provisions ofthis Act and the regulations madethereunder.

(2) The Food Authority under subsection(I) for the administrative area of-

(a) a Municipality shall be the MunicipalCouncil constituted for that area;

(b) any other local authority shall be-

(i) the local authority constitutedfor that area, where that localauthority is appointed by theMinister as the FoodAuthority for that area onthe recommendation of theMinister in charge of thesubject of Local Government;or

(ii) the Medical Officer of Healthfor that area where the localauthority constituted for thatarea is not appointed as theFood Authority under sub­paragraph (i).

(3) Every Superintendent of HealthServices shall, within the area for which heis appointed, supervise and co-ordinate thework of the Food Authorities undersubsection (I) in that area.

(4) For the administrative area of everylocal authority-

(a) the Excise Commissioner shall be aFood Authority in relation to foodwhich is excisable within themeaning of the Excise Ordinance;and

(b) the Principal Collector of Customsshall be a Food Authority inrelation to food the importation ofwhich is prohibited under this Act:

Provided that the PrincipalCollector may delegate to anyofficer nominated by the Directorof Health Services the powersvested in the Principal Collector asa Food Authority under this Act.

11. (I) The Director of Health Services Chief Food

shall be the Chief Food Authority for the Authority.

purposes of this Act.

(2) The Chief Food Authority shallsupervise, guide and co-ordinate the work ofall Food Authorities under section 10.

(3) The Chief Food Authority may givesuch directions as he may deem necessary toany Food Authority regarding the carrying

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Cap. 544] FOOD

Default oflocal authority.

Authorizedofficer.

Powers ofAuthorizedOfficer.

into execution, and the enforcement of allor any of the provisions of this Act orregulations made thereunder, and everyFood Authority to whom directions aregiven shall comply with such directions.

(4) The Chief Food Authority maydelegate all or any of his powers under thisAct to any subordinate officer by name oroffice with the approval of the Minister.

12. Where on a report of the Chief FoodAuthority that a local authority, as theFood Authority fur the administrative areaof that local authority, has failed to carryinto execution, enforce or comply with anyprovision of this Act or any regulationsmade thereunder or any direction given to itby the Chief Food Authority, the Minister,after giving that local authority anopportunity to show cause against it, ifsatisfied that the local authority has failedand that the failure affects the generalinterest of the public, may, with theconcurrence of the Minister in charge of thesubject of Local Government, by Orderpublished in the Gazette, empower the ChiefFood Authority to carry into execution orenforce or comply with that provision ordirection.

13. (I) The Minister may approve anyMedical Officer of Health, Food and DrugsInspector, Food Inspector, Public HealthInspector and, in relation to examinationand seizure of meat, any Veterinary Surgeonto be an Authorized Officer of a FoodAuthority.

(2) Where the Food Authority is theExcise Commissioner or the PrincipalCollector of Customs, any personauthorized in writing by the ExciseCommissioner or the Principal Collector, asthe case may be, shall be an AuthorizedOfficer of that Food Authority.

(3) Every Authorized Officer shallexercise the powers of a police officer interms of the Code of Criminal ProcedureAct for the purpose of discharging hisfunctions under this Act.

14. (I) An Authorized Officer may forthe performance of his duties and theexercise of his powers-

(0) at any reasonable time enter any placewhere he believes any article is

manufactured, prepared, preserved,packaged or stored and examineany such article and take samplesthereof and also examine anythingthat he' believes is used for themanufacture, preparation,preservation, packaging or storingof that article;

(b) for the purpose of search, stop ordetain any vehicle in which hebelieves that any article is beingconveyed, search that vehicle andexamine such article and takesamples of that article;

(c) open and examine any receptacle orpackage that he believes to containany article;

(d) Where the authorized officer is aMedical Officer of Health or aperson authorized by the ExciseCommissioner or the PrincipalCollector of Customs under section13 (2), examine any books,documents or other records foundin any place mentioned inparagraph (0) that he believes tocontain any information relevant tothe carrying into execution or theenforcement of this Act with respectto any article and make copiesthereof or take extracts therefrom;and

(e) seize and detain for such time as maybe necessary any article by means ofor in relation to which he believesany provision of this Act orregulation made thereunder hasbeen contravened.

(2) For the purposes of this section andsection 15 " article" means-

(0) any food including the whole or anypart of any dead animal, bird orfish intended to be used or capableof being used for humanconsumption;

(b) anything used or capable of beingused for the manufacture,preparation, preservation,packaging or storing of food; and

(c) any labelling or advertising material.

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(3) An Authorized Officer acting underthis section shall, if so required, produce hisauthority.

(4) The owner or person in charge of aplace entered by an Authorized Officer inpursuance of subsection (I) and everyperson found therein shall give theAuthorized Officer all reasonable assistancein his power and furnish him with suchinformation and such samples as he mayrequire,

(5) No person shall obstruct anyAuthorized Officer acting in the exercise ofhis powers under this Act or regulationsmade thereunder.

(6) If any Authorized Officer applies toobtain samples of any food exposed for saleand the person exposing the food refuses tosell to the Authorized Officer such quantitythereof as he may require or refuses to allowthat officer to take the quantity which he isempowered to take as samples, the personso refusing shall be deemed for the purposesof subsection (5) to have obstructed anAuthorized Officer.

(7) No person shall knowingly make anyfalse or misleading statements either orallyor in writing to any Authorized Officer,engaged in the exercise of his powers underthis Act or any regulations madethereunder.

(8) Every vendor of food shall if sorequired by an Authorized Officer, discloseto the Authorized Officer the name, addressand such other particulars as may berequired of the person from whom thatvendor purchased that food.

(9) No person shall remove, alter, tamperor otherwise interfere in any manner withany food seized under this Act by anAuthorized Officer without the authority ofthat Authorized Officer.

(10) Any food seized under this Act may,at the option of an Authorized Officer, bekept or stored in the building or place whereit was seized or may at his discretion beremoved to any other place.

(II) An Authorized Officer shallforthwith inform the relevant Food

Authority of any seizure made under thisAct.

15. (I) Where an article in respect ofwhich an offence has been committed isseized under this Act by an AuthorizedOfficer, such article may be destroyed orotherwise disposed of as the Authority maydirect where the Authority is satisfied thatthere has been a contravention of any of theprovisions of this Act or any regulationsmade thereunder and where the owner ofsuch article or the person in possession ofsuch article at the time of seizure consents inwriting to the destruction of such article.

(2) Where the owner or person inpossession of such article does not consentin writing to the destruction of such article,the Authority-

(a) shall release such article if he issatisfied that the provisions of thisAct or any regulations madethereunder in respect of such articlehave not been contravened; or

(b) shall, where he is satisfied that therehas been a contravention of any ofthe provisions of this Act orregulations made thereunder,forthwith, with notice to suchowner or person in possession ofthe article, inform the Magistrate'sCourt having jurisdiction over thearea in which the offence wascommitted of the seizure of thearticle in respect of which theoffence was committed.

(3) On information furnished to the courtunder subsection (2) (b) such court shall-

(a) if, after trial, it finds the owner orperson in possession of the articleguilty of contravening any of theprovisions of this Act or regulationsmade thereunder, order that sucharticle be forfeited to the Authorityto be disposed of as the court maydirect:

Provided, however, that wherethe offender is not known or cannotbe found such article shall beforfeited to the Authority withoutthe institution of proceedings inrespect of such contravention; or

Procedure inrespect ofarticles seized.

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Analysis.

ApprovedAnalyst.

Offences.

(b) if, after trial, it finds the owner orperson in possession of the articlenot guilty of contravening any ofthe provisions of this Act orregulations made thereunder, orderthat such article be released to suchowner or person in possession.

16. (I) An Authorized Officer shallsubmit any food seized by him or anyportion thereof or any sample taken by him,unless destroyed under section 15 (I) to theApproved Ana ly s t for analysis orexamination.

(2) Where the Approved Analyst hasmade the analysis or examination of anyfood submitted to him under subsection (1)he shall issue a certificate or report to therelevant Food Authority setting out in thatcertificate or report. the results of hisexamination or analysis.

(3) For the purpose of this section the"Approved Analyst" includes anAdditional Approved Analyst.

17. ( I) For the purposes of this Act andany regulations made thereunder theGovernment Analyst shall be the ApprovedAnalyst.

(2) Notwithstanding the provisions ofsubsection (1) the Minister may approve anAdditional Approved Analyst for anyadministrative area of a local authority.Notification of the approval shall bepublished in the Gazette.

(3) No person shall be approved as anAdditional Approved Analyst-s-

(a) if he does not possess the prescribedqualifications; or

(b) if that person is engaged directly orindirectly in any trade or businessconnected with the sale of food.

PART III

LEGAL PROCEEDINGS

18. (I) Every person who contravenesany of the provisions of this Act or anyregulations made thereunder or fails to

comply with any direction given under thisAct shall be guilty of an offence and shall beliable on conviction-s-

(a) where the nature of the offenceinvolves injury to the health of thepublic, to imprisonment for a termnot less than six months and notexceeding three years, and also to afine not less than one thousandrupees and not exceeding fivethousand rupees;

(b) where the offence is the contraventionof subsection (5) or subsection (9)of section 14, to imprisonment for aterm not less than three months andnot exceeding one year and also toa fine not less than five hundredrupees and not exceeding onethousand rupees; and

(c) for any other offence-s-

(i) for the first offence to a fine notless than two hundred andfifty rupees and not exceedingfive hundred rupees or toimprisonment for a term notexceeding six months or toboth such fine andimprisonment;

(ii) for a second or subsequentoffence to imprisonment for aterm not less than threemonths and not exceeding oneyear and also to a fine not lessthan five hundred rupees andnot exceeding one thousandrupees.

(2) Where a person convicted for anoffence under this Act or any regulationsmade thereunder is convicted for a secondor subsequent offence of a like or similarnature under this Act or any regulationsmade thereunder, the court convicting himfor the second or subsequent offence may~

(a) cause the name and the address of theperson convicted and the offenceand the punishment imposed forthat offence to be published in suchnewspaper or in such other manneras the court may direct and recover

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FOOD [Cap. 544

the cost of publication from theperson convicted as if it were a fineimposed on him;

(b) cancel the licence (if any) issued to theperson convicted for themanufacture, importation,preparation, storage, sale anddistribution of food under this Actor any other law and informthe relevant licensing authorityaccordingly.

commission of the offence has been proved,the accused proves to the satisfaction of thecourt that the commission of the offencewas due to the act or default of such otherperson, such other person may be convictedof the offence, and, if the accused furtherproves that he has used all due diligence toenforce the provisions of this Act, he shallbe acquitted of the offence.

(2) Where an accused seeks to availhimself of the provisions of subsection (1)-

Personcommittingoffence liableto be arrestedwithout awarrant and tobe tried by aMagistrate'sCourt.

19. Every person who commits anoffence under this Act or any regulationmade thereunder may be arrested without awarrant and every offence under this Act orany regulation thereunder shall be triable bya Magistrate's Court.

(a) the prosecution, as well as the personwhom the accused charges withbeing the actual offender, shall havethe right to cross-examine him, if hegives evidence, and any witnesscalled by him in support of hispleas, and to call evidence inrebuttal; and

Institution of 20. (I) A prosecution for an offenceproceedings. under this Act or any regulations made

thereunder shall not be instituted-

(a) except by an Authorized Officer; and

(b) the court may make such order as itthinks fit for the payment of costsby any party to the proceedings toany other party thereto.

(b) after the expiration of a period ofthree months from the date ofdetection of that offence.

Where theaccused provesthat someother person isguilty of theoffence.

(2) Where at any time during the trial ofany offence under this Act or anyregulations made thereunder, the court issatisfied on the evidence adduced before it,that any person other than the personcharged with the offence was knowinglyconcerned in the commission of the offence,the court may notwithstanding subsection(I) (b), withdraw the charge against theperson charged with the offence andproceed against that other person as thougha prosecution has been instituted againstthat person.

21. (I) Where a person (hereinafterreferred to as .. the accused") is chargedwith an offence under this Act, he shall,upon complaint duly made by him inaccordance with the provisions of section136 of the Code of Criminal Procedure Actand on giving to the prosecution not lessthan three days notice of his intention, beentitled to have any other person whom hecharges as the actual offender broughtbefore the court, and, if, after the

(3) Where it appears to the relevant FoodAuthority that an offence has beencommitted under this Act in respect ofwhich proceedings might be taken underthis Act against some person and suchAuthority is reasonably satisfied that theoffence complained of was due to an act ordefault of some other person and that thefirst-mentioned person could establish adefence under subsection (I) of this section,such Authority may cause proceedings to betaken against that other person without firstcausing proceedings to be taken against thefirst-mentioned person.

In any such proceedings the accused maybe charged with and, on proof that theoffence was due to his act or default, beconvicted of the offence with which the first­mentioned person might have been charged.

22. (I) In a prosecution for an offenceunder this Act or any regulations madethereunder it shall be a defence for theaccused-

(a) that he purchased the food fromanother person, who furnished himwith a written warranty under

Defences.

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Report ofApprovedAnalyst orAdditionalApprovedAnalyst.

section 6 and that he sold such foodin the same condition that it was atthe time he purchased it ;

(b) that he could not have withreasonable diligence ascertainedthat the sale of the food would be incontravention of the Act or anyregulations made thereunder; or

(c) in relation to an offence for thepublication of an advertisement,that he received the advertisementfor publication in the ordinarycourse of business and had noreason to believe that an offencewould be committed.

(2) In a prosecution for the offence ofsale of food which is adulterated or contraryto the provisions of this Act or anyregulations made thereunder, it shall not bea defence for the accused that he did notknow that such food was adulterated or thatthe sale was contrary to the provisions ofthis Act or any regulations made thereunderor that the purchaser purchased such foodfor analysis and was not prejudiced by thesale.

23. (I) In the absence of evidence to thecontrary a document purporting to be areport or a certificate signed by theApproved Analyst or an AdditionalApproved Analyst upon any mattersubmitted to him for examination oranalysis shall be sufficient evidence of thefacts stated therein.

24. (I) Where a sample obtained by anAuthorized Officer is required to be dividedby him into parts, one of which shall beretained by him, the part retained by himshall be produced in court at the time of theinstitution of the prosecution in relation tothat sample.

(2) The Magistrate may of his ownmotion and shall at the request of any partyto the prosecution forward for analysis orexamination the part of the sampleproduced in court under subsection (I) tothe Approved Analyst or an AdditionalApproved Analyst other than an analystwho has analysed or examined any otherpart of that sample.

(3) The analyst to whom the part of thesample is forwarded under subsection (2)shall send his report or certificate to thecourt within twenty-eight days of the receiptby him of that part of the sample.

(4) The expenses of analysis orexamination shall be paid by such party asthe court may direct.

25. A copy made or extract taken fromany book, document or other record by anAuthorized Officer under section 14 (I) (d)shall, if certified to be a true copy or extractby the Authorized Officer, be admissible inevidence against the person keeping ormaintaining that book, document or recordor causing that book, document or record tobe kept or maintained, and shall be primafacie evidence of the contents of that book,document or record.

AuthorizedOfficer toproduce beforecourt thepart of thesampleretained byhim.

Copy orextract ofdocumenttaken by anAuthorizedOfficer.

(2) Where a party against whom thereport or the certificate referred to insubsection (I) is produced requests that theApproved Analyst or an AdditionalApproved Analyst, as the case may be,summoned as a witness, the court shallsummon him on that party paying to thecourt the expenses of summoning him, andshall examine him as a witness.

(3) The report or the certificate referredto in subsection (I) shall not be received inevidence unless the party intending toproduce it has given the party against whomit is intended to be produced a copy of thereport or certificate and reasonable notice ofhis intention to produce it.

26. (I) For the purposes of this Act and Presumptions.

any regulation made thereunder-

(a) any food commonly used for humanconsumption shall, if sold oroffered, exposed or kept for sale, bepresumed until the contrary isproved, to be intended for sale forhuman consumption;

(b) any food commonly used for humanconsumption which is found onpremises used for the manufacture,preservation, packaging,preparation, storage or sale of anyfood shall be presumed, until the

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FOOD [Cap. 544

contrary is proved, to be intendedfor the preparation of, or admixturewith, food meant for sale forhuman consumption; and

(c) any substance capable of being usedin the composition or preparationof food which is found on premisesused for preparation of food shallbe presumed until the contrary isproved, to be intended for use inthe composition or preparation offood for human consumption.

shall be deemed to be guilty of that offence,unless he proves that the offence wascommitted without his consent orconcurrence and he exercised all suchdiligence to prevent the commission of thatoffence as he ought to have exercised in thecircumstances having regard to the nature ofhis functions.

PART IV

GENERAL

(a) that the food was adulterated with theaddition of any other substance;and

(b) that the accused had in his possessionor in his premises that othersubstance,

27. Where an offence under this Act orany regulations made thereunder iscommitted by a body of persons then-

(2) Where in a prosecution for theoffence of manufacture of food which isadulterated, it is established-

Application ofother writtenlaw to food.

Notificationof foodpoisoning.

Certain fines tobe paid intothe funds oflocalauthorities.

Protection foraction taken ingood faith.

31. (I) The provisions of this Act andany regulations made thereunder relating tofood which are excisable articles within themeaning of the Excise Ordinance shall be inaddition to and not in substitution for theprovisions of that Ordinance.

(3) For the purposes of the application ofthe Customs Ordinance to any food theimportation of which is prohibited underthis Act, such food shall be deemed to begoods the importation of which isprohibited under that Ordinance.

30. Every medical pracuuoner carryingon his profession within the administrativearea of any local authority shall report allcases of food poisoning in that area withirihis knowledge to the Superintendent ofHealth Services or to the Medical Officer ofHealth of that area.

(2) The provisions of the CustomsOrdinance shall apply for the purposes ofthe enforcement, and prevention andpunishment of contraventions or attemptedcontraventions, of the provisions of this Actand any regulations made thereunderrelating to the importation of any food.

29. All fines paid or recovered in respectof an offence under this Act or anyregulations made thereunder in aprosecution instituted by an AuthorizedOfficer or a Food Authority which is a localauthority shall be credited to the fund ofthat local authority.

28. No suit, prosecution or other legalproceeding shall be instituted against anyperson for any act which in good faith isdone or purported to be done by him underthis Act or any regulations madethereunder.

if that body is not a body corporateevery person who at the time ofcommission of the offence was amember of that body,

if that body of persons is a bodycorporate, every person who at thetime of commission of the offencewas a director, general manager,secretary or other similar officer ofthat body; or

(b)

(a)

(3) Where a package containing any foodhas on or upon it the name or addresspurporting to be the name or address of theperson by whom it was manufactured orpackaged, it shall be presumed until thecontrary is proved that such food wasmanufactured or packaged, as the case maybe, by the person whose name or addressappears in or upon the package.

it shall be presumed until the contrary isproved that the food was adulterated by theaccused by the addition of that othersubstance.

Offencescommittedby a bodyof persons.

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Regulations.

(4) In the event of any conflict orinconsistency between the regulations madeunder this Act and by-laws made by anylocal authority under any written law, theregulations made under this Act shallprevail.

32. (I) The Minister may makeregulations in respect of matters required bythis Act to be prescribed or in respect ofwhich regulations are authorized to be madeand in particular the Minister may, afterconsultation with the Food AdvisoryCommittee, make regulations in respect ofall or any of the following matters :-

(a) declaring that any food or class offood is adulterated if any prescribedsubstance or class of substance ispresent or has been added to orextracted or oinitted from thatfood;

(b) the labelling, packaging, offering,exposing and advertising for sale offood;

(c) the size, dimensions, fill and otherspecifications of packages of food;

(d) sale or conditions of sale of any food;

(e) the use of any substance as aningredient in any food to preventthe consumer or purchaser frombeing deceived or misled as toits quantity, character, value,composition or safety or to preventinjury to the health of the consumeror purchaser;

(j) the standards of composition, purity,quality or other property of food;

(g) the importation of food in order toensure compliance with the Act andany regulations made thereunder;

(h) the method of preparation,manufacture, preservation,packaging, storing and testing ofany food in the interest of, or forthe prevention of injury to, thehealth of the consumer orpurchaser;

(I) (i) the persons to whom, thecircumstances in which, and theterms and conditions subject towhich, licences under this Actmay be granted or refused;

(ii) the manner and mode in whichapplications for licences underthis Act may be made and dealtwith; and

(iii) the fee payable for the issue of alicence;

(j) requiring persons who manufacture orsell any food to furnish suchinformation and maintain suchbooks and records as the Ministerconsiders necessary for the properenforcement and administration ofthis Act and the regulations madethereunder;

(k) the powers and duties of AuthorizedOfficers, the Approved Analyst andAdditional Approved Analysts andtaking of samples and the seizure,detention or forfeiture and disposalof articles within the meaning ofsections 14 and 15 ;

(I) the forms to be used for the purposesof this Act and any regulationsmade thereunder;

(m) the analysis or examination of anyfood, procedure for taking samplesof such food and tariff of fees to bepaid for the analysis or examinationof such food; and

(n) prohibitions and restrictions relatingto the sale and transport for sale ofany adulterated food.

(2) Every regulation made by theMinister shall be published in the Gazetteand shall come into operation on the date ofpublication or on such later date as may bespecified in the regulation.

(3) Every regulation made by theMinister shall as soon as convenient after itspublication in the Gazette be brought beforeParliament for approval.

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(4) Any regulation which is not soapproved shall be deemed to be rescinded asfrom the date of disapproval but withoutprejudice to anything previously donethereunder.

(5) The date on which any regulationshall be deemed to be so rescinded shall bepublished in the Gazette,

Interpretation. 33. In this Act unless the contextotherwise requires-

.. adulterated" means the addition of asubstance as an ingredient in thepreparation of food or subtractionof any constituent from such foodor subjection of such food to anyother process or any othertreatment so as to-

(0) render the food injurious tohealth, or

(b) affect its character, value,composition, merit or safety;

.. advertisement" includes anyrepresentation by any meanswhatsoever for the purpose ofpromoting directly or indirectly thesale or disposal of any food;

.. food" means any article manufactured,sold or represented for use as foodor drink for human beings andincludes any article whichordinarily enters into or is used inthe composition or preparation offood;

.. Government Analyst" means the personfor the time being holding the officeof Government Analyst and exceptfor the purposes of section 8includes any person for the timebeing holding the office ofAdditional, Deputy, SeniorAssistant, or Assistant GovernmentAnalyst;

.. insanitary conditions" means suchconditions or circumstances as maycontaminate food with dust, dirt orfilth or render food injurious tohealth;

.. label" includes a tag, brand, mark,pictorial or other description, eitherwritten, printed, stenciled, marked,embossed or impressed on orattached to a container of food;

.. labelling" includes a label and anywritten, printed or graphic matterrelating to or accompanying anyfood:

.. local authority" means any MunicipalCouncil, Urban Council, TownCouncilor Village Council andincludes any Authority created andestablished by or under any law toexercise, perform and dischargepowers, duties and functionscorresponding to or similar to thepowers, duties and functionsexercised, performed anddischarged by any such Council:

.. manufacture" means preparing anyfood for sale and includes anyprocess or part of a process formaking, altering, finishing, packing,labelling or otherwise treating offood except packaging of food inthe ordinary course of retail sale;

.. medical practitioner" has the samemeaning as in the MedicalOrdinance;

.. package" includes anything in whichany food is wholly or partlycontained, placed or packed;

.. premises" includes any shop, stall, orplace where any food is sold ormanufactured or stored for sale:

.. relevant Food Authority" means aFood Authority appointed undersection 10;

.. sell" means to sell for cash or on creditor by way of exchange and whetherby wholesale or retail and .. sale .,shall have a correspondingmeaning; and

.. Veterinary Surgeon" means a personregistered as a Veterinary Surgeon ora Veterinary Practitioner underthe Veterinary Surgeons' andPractitioners' Act.

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Cap. 544] FOOD

Repeals andsavings.

34. (I) The Food and Drugs Act of1949 is hereby repealed.

(2) Notwithstanding the repeal of theFood and Drugs Act, the regulations madeunder that Act relating to the prevention ofadulteration of food and in force

immediately before the coming intooperation of this Act shall, except whereand so far as they are not inconsistent withthe provisions of this Act, continue in forceuntil altered, amended or rescinded byregulations made under this Act.

XVIII 128