Section 12

a package containing an article to which this Act applies, or bearing a name, address or mark of the person by whom it was imported, manufactured or packed shall, until the contrary is proved, be presumed to have been imported, manufactured or packed by that person;

any substance commonly used for human consumption, if sold or offered, exposed or kept for sale, shall, until the contrary is proved, be presumed to have been sold or to have been intended for sale, for human consumption;

any substance commonly used for human consumption which is found on premises used for the preparation, storage or sale of that substance and any substance commonly used in the manufacture of products for human consumption which is found on premises used for the preparation, storage or sale of those products shall, until the contrary is proved, be presumed to be intended for sale, or for the manufacturing of products for sale, for human consumption;

any substance capable of being used in the composition or preparation of any substance commonly used for human consumption which is found on the premises on which that substance is prepared shall, until the contrary is proved, be presumed to be intended for such use;

the contents of any package appearing to be intact and in the original state of packing by the manufacturer shall, until the contrary is proved, be presumed to be food of the description on the label of such package.

Public Health (Food)

it contains, or is mixed or diluted with, any substance which diminishes in any manner its nutritive or other beneficial properties as compared with such food in a pure and normal state and in an undeteriorated and sound condition, or which in any other manner operates or may operate to the prejudice or disadvantage of the purchaser or consumer;

any substance or ingredient has been extracted or omitted therefrom, and by reason of such extraction or omission the nutritive or other beneficial properties of the food as sold are less than those of the food in its pure and normal state or the purchaser or consumer is or may be in any manner prejudiced;

it contains, or is mixed or diluted with, any substance of lower commercial value than such food in a pure and normal state and in an undeteriorated and sound condition;

it does not comply with the prescribed standard; or

it contains any substance which renders the food injurious to health.

every person shall be deemed to sell any food or appliance who sells the food or appliance either on his own account or as the agent or employee of any other person; and

in the case of any sale by an agent or employee, his principal or employer shall be under the same liability as if he had effected the sale personally.

Public Health (Food)

B.L.R.O. 4/2012 17

Non-disclosure of information.