P.N.D.C.L.3058
Food and Drugs Act, 1992
(2) A person shall not be convicted an offence by virtue of subsection (I) if it is proved
that the offence was committed without the personal knowledge or connivance of,
and that due care and diligence was exercised by that person to prevent the commission
of the offence having regard to the circumstances.
44. Certificate of analysis and presumptions
In proceedings under this Act,
(a) a certificate of analysis signed by a public analyst shall be accepted as
prima facie evidence of the facts stated in it;
(b) evidence that a package containing an article to which this Act applies or the
Regulations apply, bore a name, an address or a registered mark of the
person by whom it was manufactured or packed is prima facie evidence that
the article was manufactured or packed by that person;
(c) a substance commonly used for human or animal consumption shall, if sold, or
offered or exposed for sale, be presumed until the contrary is proved, to
have been sold or to be intended for sale for human or animal consumption;
(d) a substance commonly used for human or animal consumption which is found
on premises used for the preparation or sale of that substance and a
substance commonly used in the manufacture of products for human or
animal consumption which is found on premises used for the preparation or
sale of those products, shall be presumed, until the contrary is proved, to be
'intended for sale, or for manufacturing the products for sale for human or
animal consumption.
45. Presumption as to adulteration
Where a person is prosecuted under this Act and it is established that
(a) the article has by regulation been declared to be adulterated if a prescribed
substance has been added to it, and
(b) that person is in possession of or has on the premises of that person the
specified substance,
the burden of proving that the article was not adulterated by the addition of
the substance lies on the accused.
46. Defence in proceedings for sale of food
(I) Subject to subsection (2), it is a defence in proceedings for an offence relating to
the sale of an article in breach of a provision of this Act or of the Regulations to prove
(a) that the accused sold the article in the same package and in the same condition
as it was when it was bought, and
13. Amended by section 14 of the Food and Drugs (Amendment) Act, 1996 (Act 523).
[Issue I]
IV-916