Section 9
Section 9
(1)
Any person who —
(a)
prepares, sells or imports any food that is injurious to health, unfit for human consumption or is adulterated;
(b)
labels, packages, prepares, sells or advertises any food in a manner that is false, misleading or deceptive as regards its character, nature, value, substance, quality, composition, merit or safety, strength, purity, weight, origin, age or proportion, or in contravention of section 10 or other provisions of this Act;
(c)
labels, packages, prepares, manufactures, sells, imports or advertises any food which does not comply with any standard that has been prescribed for such food, in such a manner that is likely to be mistaken for food of the prescribed standard;
(d)
sells any food which contains any substance the addition or use of which is prohibited by any regulations made under this Act;
Public Health (Food)
(e)
sells any food containing a greater proportion of any substance than is permitted by any regulations made under this Act;
(f)
sells any food which contains more than 50 parts of methyl alcohol, isopropyl alcohol or denatured alcohol in one million parts of food;
(g)
sells any food which is not of the nature, substance or quality of the article asked for by the purchaser;
(h)
being the owner, occupier or person in charge of any premises entered by a food officer pursuant to section 4(1)(a), or any person found therein, does not give him all reasonable assistance in his power or furnish him with all the information as he may reasonably require;
(i)
obstructs a food officer in the course of his duty or prevents the execution by him of his duty;
(j)
knowingly makes any false or misleading statement to a food officer engaged in carrying out his functions;
(k)
removes, alters or interferes in any way with any food or appliance seized under this Act without the authority of a food officer;
(l)
without authority opens, alters, breaks, removes or erases any mark, fastening or seal placed by a food officer in pursuance of this Act upon any food or appliance or upon any package, place, door or opening containing or affording access to any food or appliance;
(m)
contravenes section 5(3);
(n)
contravenes section 5(6);
(o)
contravenes section 7; or
(p)
contravenes any other provision of this Act,
Public Health (Food)
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is guilty of an offence: Penalty —
(i)
in the case of an offence against paragraphs (a), (b),
(c)
, (d), (e), (f), (g), (m) or (n), a fine, imprisonment for 5 years or both;
(ii)
in the case of an offence against paragraph (o), a fine, imprisonment for 3 years or both;
(iii)
in the case of an offence against paragraphs (h), (i), (j),
(k)
, (l) or (p), a fine, imprisonment for one year or both.
(2)
On the conviction of a person for an offence against this Act, the court may, in addition to any other penalty, order the suspension for a period not exceeding 3 months or the cancellation of any licence concerning or affecting the manufacture, sale or disposal of any food or appliance issued or granted to him under any other written law.
(3)
Where a person has been convicted of an offence against this
Act, the court may order to be forfeited to the Government any article by means of or in relation to which the offence was committed and any food of a similar nature belonging to or in the possession of that person or found with such article or food, and upon such an order being made, the article or food shall be disposed of in such manner as the court directs.