Prevention of Food Adulteration Act : Defences which may or may not be allowed in prosecutions under

Prevention of Food Adulteration Act,1954

Act No : 37

Section : Defences which may or may not be allowed in prosecutions under thisAct.

19. Sale of any adulterated or misbranded article of food a allege mearly that vendor was ignorant of the nature. under this Act. It shall be no defence in a prosecution for an offence pertaining to food to allege merely substance or quality of the food sold by him or that the purchaser having purchased any article for analysis was not prejudiced by the sale. 2*[(2) A vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded article of food if he proves- (a) that be purchased the article of food- (i) in a case where a license is prescribed for the sale thereof, from a duly licensed manufacturer, distributor or dealer ; (ii) in any other case, from any manufacturer, distributor or dealer, with a written warranty in the prescribed form; and (b) that the article of food while in his possession was properly stored and that he sold it in the same state as he purchased it.] --------------------------------------------------------------------- 1 Ins. by Act 34 of 1976, s. 15 (w.e.f. 1-4-1976). 2 Subs. by Act 49 of 1964, a. 10, for sub-section (2) (w.e.f. 1-3-1965). --------------------------------------------------------------------- 126G (3) Any person by whom a warranty as is referred to 1*[in section 14] is alleged to have been given shall be entitled to appear at the hearing and give evidence.