SALE OF FOOD AND DRUGS ORDINANCE, 1896
Title
SALE OF FOOD AND DRUGS ORDINANCE, 1896
Description
ORDINANCE No. 8 OF 1896.
Sale of Food and Drugs
AN ORDINANCE to make better provision for the Sale of
Food and Drugs in a Pure State.
[19th August,1896.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Sale of Food and Drugs
Ordinance,1896.
2.In this Ordinance-
'Food' includes every food or article used for food or drink by
man,other than drugs or water:
'Drug' includes medicine for internal or external use.
3.Every person who-
(1.)mixes,colours,stains,or powders,or orders or permits any other
person to mix,colour,stain,or powder,any article of food with any
ingredient or material so as to render the article injurious to health,
with intent that the same may be sold in that state;or
(2.)sells any such article so mixed,coloured,stained,or powdered,
shall in every case,on summary conviction before a Magistrate,be
liable to a penalty not exceeding five hundred dollars and,in default of
payment thereof,to imprisonment,with or without hard labour,for any
term not exceeding six months.
4.Every person who-
(1.)mixes,colours,stains,or powders,or orders or permits any other
person to mix,colour,stain,or powder,any drug with any
ingredient or material so as to affect injuriously the quality or
potency of such drug,with intent that the same may be sold in
that state;or
(2.)sells any such drug so mixed,coloured,stained,or powdered,
shall in every case be liable to the punishment prescribed in the last
preceding section.
5.Provided that no person shall be liable to be convicted under either
of the last two preceding sections in respect of the sale of any article of
food or of any drug if he shows,to the satisfaction of the Magistrate
before whom he is charged,that he did not know of the article of food or drug sold by him being so mixed,coloured,stained,or powdered as
in either of those sections mentioned,and that he could not with
reasonable diligence have obtained that knowledge.
6.Every person who sells,to the prejudice of the purchaser,any
article of food or any drug which is not of the nature,substance ,or
quality of the article demanded by such purchaser shall in every case,
on summary conviction before a Magistrate,be liable to a penalty not
exceeding two hundred dollars and,in default of payment thereof,to
imprisonment,with or without hard labour,for any term not exceeding
three months:Provided that an offence shall not be deemed to be com-
mitted under this section in the following cases;that is to say,-
(1.)where any matter or ingredient not injurious to health has been
added to the food or drug because the same is required for the
production or preparation thereof as an article of commerce,in a
state fir for carriage or consumption ,and not fraudulently to increase
the bulk,weight,or measure of the food or drug or to conseal the
inderior quality thereof;
(2.)where the drug or food is a proprietary medicine,or is the subject
of a patent in force,and us supplied in the state required by the
specification of the patent;and
(3.)where the food or drug is unavoidable mixed with some
extraneous matter in the process of collection or preparation.
7.In any prosecution under the provisions of this Ordinance for
selling,to the prejudice of the purchaser,any article of food or any
drug which is not of the nature,substance,and quality of the article
demanded by such purchaser,it shall be no defence to any such
prosecution to allege that the purchaser,having bought only for
analysis,was not prejudiced by such sale.Neither shall it be a good
defence to prove that the article of food or drug in question,though
defective in nature,or in substance,or in quality,was not defective in
all these respects.
8.Every person who sells any compound article of food or
compounded drug which is not composed of ingredients in accordance
with the demand of the purchaser shall in every case,on summary
conviction before a Magistrate,be liable to a penalty not exceeding
two hundred dollars and,in default of payment thereof,to imprison-
ment,with or without hard labour,for any term not exceeding three
months.
9.Provied that no person shall be guilty of any such offence as
aforesaid in respect of the sale of an article of food or a drug mixed
with any matter or ingredient not injurious to health,and not intended to fraudulently increase its bulk,weight,or measure or to conceal its
inferior quality,if,at the time of delivering such article or drug,be
supplies to the person receiving the same a notice,by a label distinctly
and legibly written or printed on or with the article or drug,to the
effect that the same is mixed.
10.-(1.)Every person who,-
(a.)with intent that the same may be sold in its altered state without
notice,abstracts from an article of food any part of it so as
to affect injuriosly its nature,substance,or quality;or
(b.)sells any article so altered without making disclosure of the
alteration,
shall in every case,on summary conviction before a Magistrate,be liable
to a penalty not exceeding two hundred dollars and,in default of payment
thereof,to imprisonment,with or without hard labour,for any term
not exceeding three months.
(2.)Every person who sells 'skimmed milk' to a purchaser
demanding 'milk' shall be liable to the same punishment.
11.Any purchaser or seller of an article of food or of a drug shall be
entitled,on payment of the sum of five dollars to the Government
Analyst or to any analyst appointed by the Governor for the
purposes of this Ordinance,to have such article analyzed by such
analyst,and to receive from him a certificate of the result of his
analysis.
12.Any Inspector of Nuisances,or Inspector of Weights and
Measures,or Inspector of Markets,or any Police constable acting under
the written instructions of the Secretary of the Sanitary Board,or of
the Captain Superintendent of Police,or of the Medical Officer of
Health may,at the cost of the Government,procure any sample of food
or drugs,and,if he suspects the same to have been sold to him
contrary to any provision of this Ordinance,shall submit the same to
be analyzed by the Government Analyst or by some analyst appointed
by the Governor for the purposes of this Ordinance;and such analyst
shall,on receiving payment as is provided in the last preceding section,
with all convenient speed analyze the same,and shall give a certificate
to such officer,wherein he shall specify the result of the analysis.
13.-(1.)Any person purchasing any article with the intention of
submitting the same for analysis shall,after the purchase has been
completed,forthwith notify to the seller or his agent selling the article
his intention to have the same analyzed by the Government Analyst or
by some other analyst appointed by the Governor for the purposes of
this Ordinance,and shall offer to divide the article into three parts to be when and there separated,and each part to be marked and sealed or
up in such manner as its nature will permit,and shall,if
required to do so,proceed accordingly,and shall deliver one of such
parts to the seller or his agent.
(2.)He shall retain one of the said parts for future comparison,and
shall himself submit the third part,if he deems it right to have the
article analyzed ,to the analyst.
14.If the seller or his agent does not accept the offer of the pur-
chaser to divide the article purchased in his presence,the analyst
receiving the article for analysis shall divide the same into two parts,
and shall seal or fasten up one of those parts and shall cause it to be
delivered ,either on receipt of the sample or when he supplies the
certificate,to the purchaser,and the purchaser shall retain the same
for production in case proceedings are afterwards taken in the
matter.
15.If any such Inspector or constable as is described in section 12,
acting under such written instructions as therein mentioned,applies to
purchase any article of food or any drug exposed for sale,or on sale by
retail,in any premises,shop,or store,or in any street or place,and
tenders the price for the quantity which he purchases for the purpose of
analysis,not being more than may be reasonably requisite,and the person
exposing the same for sale refuses to sell the same to such Inspector or
constable,such person shall,on summary conviction before a Magistrate,
be liable to a penalty not exceeding one hundred dollars and,in default
of payment thereof,to imprisonment,with or without hard labour,for any
term not exceeding two months.
16.The certificate of the analysis shall be in the form in the
Schedule to this Ordinance or to the like effect.
17.The Government Analyst and every analyst appointed by the
Governor for the purposes of this Ordinance shall report quarterly to the
Colonial Secretary and to the Secretary of the Sanitary Board the
number of articles analyzed by him under this Ordinance,and shall
specify the result of every analysis,and such report shall be published
by the Colonial Secretary in The Gazette.
18.When the analyst having analyzed any article has given
his certificate of the result,from which it may appear that an
offence against some one of the provisions of this Ordinance has been
committed,the person causing the analysis to be made,or,if such person
neglects to do so,the Secretary of the Sanitary Board,may take sum-
mary proceedings before a Magistrate in respect of such offence. 19.-(1.)At the hearing of the charge in such proceedings,the pro-
duction of the certificate of the analyst shall be sufficient evidence of the
facts therein stated,unless the defendant requires that the analyst shall
be called as a witness,and the parts of the articles retained by the person
who purchased the article shall be produced.
(2.)The defendant may,if he thinks fit,tender himself and his wife,
if any,to be exmained on his behalf,and he or she shall,if he so
desires,be exmained accordingly.
20.-(1.)The Magistrate before whom any complaint may be made
under this Ordinance,or the Court before which any case may be re-
heard,may,on the request of either party,in his or its discretion,
cause any article of food or drug to be sent for analysis either to the
Government Analyst or to some analyst appointed by the Governor
for the purposes of this Ordinance,and such analyst shall thereupon
give a certificate to such Magistrate or Court of the result of such
analysis.
(2.)The expense of such analysis shall be paid by the complainant or
the defendant,as the Magistrate or Court may by order direct.
21.In any prosecution under this Ordinance,when the fact of an
article having been sold in a mixed stated has been proved,if the defen-
dant desires to rely on any exception or provision contained in this
Ordinance,it shall be incumbent on him to prove the same.
22.If the defendant in any prosecution under this Ordinance proves,
to the satisfaction of the Magistrate or Court,that he had purchased the
article in question as the time in nature,substance,and quality as that
demanded of him by the prosecutor,and with a written warranty to
that effect,that he had no reason to believe at the time when he sold it
that the article was otherwise,and that he sold it in the same state as
when he purchased it,he shall be discharged from the prosecution.
23.-(1.)Every person who forges,or utters,knowing it to be forged
for the purposes of this Ordinance,any certificate or any writing pur-
porting to contain a warranty shall be guilty of a misdemeanor,and shall
on conviction before the Supreme Court,be liable to imprisonment,with
or without hard labour,for any term not exceeding two years.
(2.)Every person who wilfully applies to an article of food or a drug,
in any proceedings under this Ordinance,a certificate of warranty given
in relation to any other article or drug shal be guilty of an offence under
this Ordinance,and shall,on summary conviction before a Magistrate,
be liable to a penalty not exceeding two hundred dollars and,in default
of payment thereof,to imprisonment,with orwithout hard labour,
for any term not exceeding three months. (3.)Every person who gives a false warranty in writing to any pur-
chaser,in respect of an article of food or a drug sold by him as principal
as agent shall be guilty of an offence under this Ordinance,and shall,
on summary conviction before a Magistrate,be liable to the punishment
mentioned in the last preceding sub-section.
(4.)Every person who wilfully gives a label with any article sold by
him which falsely describes the article sold shall be guilty of an offence
under this Ordinance,and shall,on summary conviction before a
Magistrate,be liable to the punishment mentioned in sub-seciton (2.) of
this section.
24.Nothing in this Ordinance shall affect the power of proceeding
by indictment,or take away any other remedy against any offender under
this Ordinance,or in any way interfere with contracts and bargains
between individuals and the rights and remedies belonging thereto:
Provided that,in any action brought by any person for a breach of con-
tract on the sale of any article of food or of any drug,such person may
recover,alone or in addition to any other damages recoverable by
him,the amount of any penalty in which he may have been convicted
under this Ordinance,together with the costs incurred by him in and
about his defence thereto,if he proves that the article or drug,the subject
of such conviction,was sold to him as and for an article or drug of
the same nature,substance,and quality as that which was demanded of
him,and that he purchased it noty knowing it to be otherwise,and after-
wards sold it in the same state in which he purchased it;the defendant
in such action being nevertheless at liberty to prove that the conviction
was wrongful or that the amount of costs claimed is unreasonable.
25.-(1.)The Governor shall have power,on receiving such evidence as
to fitness as he may in his absolute discretion deem sufficient,to appoint
any person under his hand to be an analyst for the purposes of this
Ordinance.
(2.)Any such appointment shall be published in The Gazette,and the
production of The Gazette containing a notice of such appointment shall
be sufficient evidence of such appointment in any court of law.
26.In anyb prosecution under this Ordinance,and notwithstanding
the provisions of section 18,the summons to appear before a Magistrate
shall be served on the person charged with violating the provisions of
this Ordinance within a reasonable time,and,in the case of a perishable
article,not exceeding twenty-eight days from the time of the purchase
from such person for test purposes of the food or drug,for the sale of
which in contravention of the terms of this Ordinance the seller is
rendered liable to prosecution,and particulars of the offence or offences under this Ordinance of which the seller is accused,and also the name
of the prosecutor,shall be stated on the summons,and the summons
shall not be made returnable in a less time then seven days from the
day it is served on the person summoned.
27.It shall be lawful for any Magistrate or Court to order the
destruction of any article of food or drug in connexion with which an
offence is proved to have been committed under this Ordinance.
SCHEDULE.
FORM OF CERTIFICATE OF ANALYSIS.
To
I,the undersigned,do hereby certify that I received on the day
of ,1,from a sample of for
analysis (which then weighed),and have analyzed the same,
and declare the result of my analysis to be as follows:-
I am of opinion that the same is a sample of genuine
[or
I am of opinion that the said sample contained the parts as under,or the
percentages of foreign ingredients as under.]
Observations.
Dated the day of ,1.
(Signed.)
A.B.,
Analyst.
(1)Here insert the name of the person submitting the article for analysis.
(2)Here insert the name of the person delivering the sample.
(3)When the article cannot be conveniently weighed,this passage may be erased or the
blank may be left unfilled.
(4)Here the analyst may insert at his discretion his opinion as to whether the mixture,
if any,was for the purpose of rendering the article potanle or palatable,or of preserving
it,or of improving the appearance,or was unavoidable,and may state whether in excuse
of what is ordinary,or otherwise,or whether the ingredients or materials mixed are or are
not injurious to health.
In the case of a certificate regarding milk,butter,or any article liable to decompoistion,
the analyst shall specially report whether any change had taken place in the constitution of
the article that would interfere with the analysis.
A.D. 1896. Ordinance No. 18 of 1896. Short title. Interpretation of terms. 38 & 39 Vict.c. 63 s.2. Prohibition against mixture of food with injurious ingredient, and against selling when so mixed. Ib.s.3. Prohibition against mixing of injurious ingredient with drug, and against selling the mixture. Ib.s.4. Exemption in case of proof of absence of knowledge. Ib.s.5. Prohibition against sale of article of food and drug not of proper nature, substance, or quality. 38 & 39 Vict.c. 63 s. 6. In sale of adulterated article, no defence to allege purchase for analysis. 42 & 43 Vict.c. 30 s. 2. Penalty on sale of compounded food or drug. 38 & 39 Vict.c. 63 s. 7. Protection from offence by giving of label. Ib.s.8. Prohibition against abstraction of any part of article of food before sale, and against selling article so altered without notice. 38 & 39 Vict.c. 68 s.9. Power to purchaser or sell of food or drug to have it analyzed. Ib.s.12. Power to certain officers to procure samples of food or drugs to submit to analyst. Ib.s.13. Provision for dealing with sample when purchased. Ib.s.14. Provision when sample is not divided. 38 & 39 Vict.c. 63 s.15. Penalty on person refusing to sell article to officer. Ib.s.17. 42 & 43 Vict.c. 30 s.5. Form of certificate of analysis. 38 & 39 Vict.c. 63 s. 18. Schedule. Quarterly report of analyst. Ib.s.19. Proceedings against offenders. Ib.s.20. Effect of certificate as evidence, etc. 38 & 39 Vict.c. 63 s. 21. Power to Magistrate or Court to have article of food or drug analyzed. Ib.s.22. Onus on defendant to prove that he is protected by exception or provision. Ib.s.24. Defendant to be discharged if he proves that he bought article in same state as sold and with warrantly. Ib.s.25. Punishment for forging certificate or warranty, etc. Ib.s.27. Saving as to proceedings by indictment and contracts. 38 & 39 Vict.c. 63 s. 28. Power to appoint analysts for purposes of the Ordinance. Special provision as to time for and notice of proceedings. 42 & 43 Vict.c. 30 s.10. Forfeiture and destruction of article of food or drug. Section 16.
Sale of Food and Drugs
AN ORDINANCE to make better provision for the Sale of
Food and Drugs in a Pure State.
[19th August,1896.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Sale of Food and Drugs
Ordinance,1896.
2.In this Ordinance-
'Food' includes every food or article used for food or drink by
man,other than drugs or water:
'Drug' includes medicine for internal or external use.
3.Every person who-
(1.)mixes,colours,stains,or powders,or orders or permits any other
person to mix,colour,stain,or powder,any article of food with any
ingredient or material so as to render the article injurious to health,
with intent that the same may be sold in that state;or
(2.)sells any such article so mixed,coloured,stained,or powdered,
shall in every case,on summary conviction before a Magistrate,be
liable to a penalty not exceeding five hundred dollars and,in default of
payment thereof,to imprisonment,with or without hard labour,for any
term not exceeding six months.
4.Every person who-
(1.)mixes,colours,stains,or powders,or orders or permits any other
person to mix,colour,stain,or powder,any drug with any
ingredient or material so as to affect injuriously the quality or
potency of such drug,with intent that the same may be sold in
that state;or
(2.)sells any such drug so mixed,coloured,stained,or powdered,
shall in every case be liable to the punishment prescribed in the last
preceding section.
5.Provided that no person shall be liable to be convicted under either
of the last two preceding sections in respect of the sale of any article of
food or of any drug if he shows,to the satisfaction of the Magistrate
before whom he is charged,that he did not know of the article of food or drug sold by him being so mixed,coloured,stained,or powdered as
in either of those sections mentioned,and that he could not with
reasonable diligence have obtained that knowledge.
6.Every person who sells,to the prejudice of the purchaser,any
article of food or any drug which is not of the nature,substance ,or
quality of the article demanded by such purchaser shall in every case,
on summary conviction before a Magistrate,be liable to a penalty not
exceeding two hundred dollars and,in default of payment thereof,to
imprisonment,with or without hard labour,for any term not exceeding
three months:Provided that an offence shall not be deemed to be com-
mitted under this section in the following cases;that is to say,-
(1.)where any matter or ingredient not injurious to health has been
added to the food or drug because the same is required for the
production or preparation thereof as an article of commerce,in a
state fir for carriage or consumption ,and not fraudulently to increase
the bulk,weight,or measure of the food or drug or to conseal the
inderior quality thereof;
(2.)where the drug or food is a proprietary medicine,or is the subject
of a patent in force,and us supplied in the state required by the
specification of the patent;and
(3.)where the food or drug is unavoidable mixed with some
extraneous matter in the process of collection or preparation.
7.In any prosecution under the provisions of this Ordinance for
selling,to the prejudice of the purchaser,any article of food or any
drug which is not of the nature,substance,and quality of the article
demanded by such purchaser,it shall be no defence to any such
prosecution to allege that the purchaser,having bought only for
analysis,was not prejudiced by such sale.Neither shall it be a good
defence to prove that the article of food or drug in question,though
defective in nature,or in substance,or in quality,was not defective in
all these respects.
8.Every person who sells any compound article of food or
compounded drug which is not composed of ingredients in accordance
with the demand of the purchaser shall in every case,on summary
conviction before a Magistrate,be liable to a penalty not exceeding
two hundred dollars and,in default of payment thereof,to imprison-
ment,with or without hard labour,for any term not exceeding three
months.
9.Provied that no person shall be guilty of any such offence as
aforesaid in respect of the sale of an article of food or a drug mixed
with any matter or ingredient not injurious to health,and not intended to fraudulently increase its bulk,weight,or measure or to conceal its
inferior quality,if,at the time of delivering such article or drug,be
supplies to the person receiving the same a notice,by a label distinctly
and legibly written or printed on or with the article or drug,to the
effect that the same is mixed.
10.-(1.)Every person who,-
(a.)with intent that the same may be sold in its altered state without
notice,abstracts from an article of food any part of it so as
to affect injuriosly its nature,substance,or quality;or
(b.)sells any article so altered without making disclosure of the
alteration,
shall in every case,on summary conviction before a Magistrate,be liable
to a penalty not exceeding two hundred dollars and,in default of payment
thereof,to imprisonment,with or without hard labour,for any term
not exceeding three months.
(2.)Every person who sells 'skimmed milk' to a purchaser
demanding 'milk' shall be liable to the same punishment.
11.Any purchaser or seller of an article of food or of a drug shall be
entitled,on payment of the sum of five dollars to the Government
Analyst or to any analyst appointed by the Governor for the
purposes of this Ordinance,to have such article analyzed by such
analyst,and to receive from him a certificate of the result of his
analysis.
12.Any Inspector of Nuisances,or Inspector of Weights and
Measures,or Inspector of Markets,or any Police constable acting under
the written instructions of the Secretary of the Sanitary Board,or of
the Captain Superintendent of Police,or of the Medical Officer of
Health may,at the cost of the Government,procure any sample of food
or drugs,and,if he suspects the same to have been sold to him
contrary to any provision of this Ordinance,shall submit the same to
be analyzed by the Government Analyst or by some analyst appointed
by the Governor for the purposes of this Ordinance;and such analyst
shall,on receiving payment as is provided in the last preceding section,
with all convenient speed analyze the same,and shall give a certificate
to such officer,wherein he shall specify the result of the analysis.
13.-(1.)Any person purchasing any article with the intention of
submitting the same for analysis shall,after the purchase has been
completed,forthwith notify to the seller or his agent selling the article
his intention to have the same analyzed by the Government Analyst or
by some other analyst appointed by the Governor for the purposes of
this Ordinance,and shall offer to divide the article into three parts to be when and there separated,and each part to be marked and sealed or
up in such manner as its nature will permit,and shall,if
required to do so,proceed accordingly,and shall deliver one of such
parts to the seller or his agent.
(2.)He shall retain one of the said parts for future comparison,and
shall himself submit the third part,if he deems it right to have the
article analyzed ,to the analyst.
14.If the seller or his agent does not accept the offer of the pur-
chaser to divide the article purchased in his presence,the analyst
receiving the article for analysis shall divide the same into two parts,
and shall seal or fasten up one of those parts and shall cause it to be
delivered ,either on receipt of the sample or when he supplies the
certificate,to the purchaser,and the purchaser shall retain the same
for production in case proceedings are afterwards taken in the
matter.
15.If any such Inspector or constable as is described in section 12,
acting under such written instructions as therein mentioned,applies to
purchase any article of food or any drug exposed for sale,or on sale by
retail,in any premises,shop,or store,or in any street or place,and
tenders the price for the quantity which he purchases for the purpose of
analysis,not being more than may be reasonably requisite,and the person
exposing the same for sale refuses to sell the same to such Inspector or
constable,such person shall,on summary conviction before a Magistrate,
be liable to a penalty not exceeding one hundred dollars and,in default
of payment thereof,to imprisonment,with or without hard labour,for any
term not exceeding two months.
16.The certificate of the analysis shall be in the form in the
Schedule to this Ordinance or to the like effect.
17.The Government Analyst and every analyst appointed by the
Governor for the purposes of this Ordinance shall report quarterly to the
Colonial Secretary and to the Secretary of the Sanitary Board the
number of articles analyzed by him under this Ordinance,and shall
specify the result of every analysis,and such report shall be published
by the Colonial Secretary in The Gazette.
18.When the analyst having analyzed any article has given
his certificate of the result,from which it may appear that an
offence against some one of the provisions of this Ordinance has been
committed,the person causing the analysis to be made,or,if such person
neglects to do so,the Secretary of the Sanitary Board,may take sum-
mary proceedings before a Magistrate in respect of such offence. 19.-(1.)At the hearing of the charge in such proceedings,the pro-
duction of the certificate of the analyst shall be sufficient evidence of the
facts therein stated,unless the defendant requires that the analyst shall
be called as a witness,and the parts of the articles retained by the person
who purchased the article shall be produced.
(2.)The defendant may,if he thinks fit,tender himself and his wife,
if any,to be exmained on his behalf,and he or she shall,if he so
desires,be exmained accordingly.
20.-(1.)The Magistrate before whom any complaint may be made
under this Ordinance,or the Court before which any case may be re-
heard,may,on the request of either party,in his or its discretion,
cause any article of food or drug to be sent for analysis either to the
Government Analyst or to some analyst appointed by the Governor
for the purposes of this Ordinance,and such analyst shall thereupon
give a certificate to such Magistrate or Court of the result of such
analysis.
(2.)The expense of such analysis shall be paid by the complainant or
the defendant,as the Magistrate or Court may by order direct.
21.In any prosecution under this Ordinance,when the fact of an
article having been sold in a mixed stated has been proved,if the defen-
dant desires to rely on any exception or provision contained in this
Ordinance,it shall be incumbent on him to prove the same.
22.If the defendant in any prosecution under this Ordinance proves,
to the satisfaction of the Magistrate or Court,that he had purchased the
article in question as the time in nature,substance,and quality as that
demanded of him by the prosecutor,and with a written warranty to
that effect,that he had no reason to believe at the time when he sold it
that the article was otherwise,and that he sold it in the same state as
when he purchased it,he shall be discharged from the prosecution.
23.-(1.)Every person who forges,or utters,knowing it to be forged
for the purposes of this Ordinance,any certificate or any writing pur-
porting to contain a warranty shall be guilty of a misdemeanor,and shall
on conviction before the Supreme Court,be liable to imprisonment,with
or without hard labour,for any term not exceeding two years.
(2.)Every person who wilfully applies to an article of food or a drug,
in any proceedings under this Ordinance,a certificate of warranty given
in relation to any other article or drug shal be guilty of an offence under
this Ordinance,and shall,on summary conviction before a Magistrate,
be liable to a penalty not exceeding two hundred dollars and,in default
of payment thereof,to imprisonment,with orwithout hard labour,
for any term not exceeding three months. (3.)Every person who gives a false warranty in writing to any pur-
chaser,in respect of an article of food or a drug sold by him as principal
as agent shall be guilty of an offence under this Ordinance,and shall,
on summary conviction before a Magistrate,be liable to the punishment
mentioned in the last preceding sub-section.
(4.)Every person who wilfully gives a label with any article sold by
him which falsely describes the article sold shall be guilty of an offence
under this Ordinance,and shall,on summary conviction before a
Magistrate,be liable to the punishment mentioned in sub-seciton (2.) of
this section.
24.Nothing in this Ordinance shall affect the power of proceeding
by indictment,or take away any other remedy against any offender under
this Ordinance,or in any way interfere with contracts and bargains
between individuals and the rights and remedies belonging thereto:
Provided that,in any action brought by any person for a breach of con-
tract on the sale of any article of food or of any drug,such person may
recover,alone or in addition to any other damages recoverable by
him,the amount of any penalty in which he may have been convicted
under this Ordinance,together with the costs incurred by him in and
about his defence thereto,if he proves that the article or drug,the subject
of such conviction,was sold to him as and for an article or drug of
the same nature,substance,and quality as that which was demanded of
him,and that he purchased it noty knowing it to be otherwise,and after-
wards sold it in the same state in which he purchased it;the defendant
in such action being nevertheless at liberty to prove that the conviction
was wrongful or that the amount of costs claimed is unreasonable.
25.-(1.)The Governor shall have power,on receiving such evidence as
to fitness as he may in his absolute discretion deem sufficient,to appoint
any person under his hand to be an analyst for the purposes of this
Ordinance.
(2.)Any such appointment shall be published in The Gazette,and the
production of The Gazette containing a notice of such appointment shall
be sufficient evidence of such appointment in any court of law.
26.In anyb prosecution under this Ordinance,and notwithstanding
the provisions of section 18,the summons to appear before a Magistrate
shall be served on the person charged with violating the provisions of
this Ordinance within a reasonable time,and,in the case of a perishable
article,not exceeding twenty-eight days from the time of the purchase
from such person for test purposes of the food or drug,for the sale of
which in contravention of the terms of this Ordinance the seller is
rendered liable to prosecution,and particulars of the offence or offences under this Ordinance of which the seller is accused,and also the name
of the prosecutor,shall be stated on the summons,and the summons
shall not be made returnable in a less time then seven days from the
day it is served on the person summoned.
27.It shall be lawful for any Magistrate or Court to order the
destruction of any article of food or drug in connexion with which an
offence is proved to have been committed under this Ordinance.
SCHEDULE.
FORM OF CERTIFICATE OF ANALYSIS.
To
I,the undersigned,do hereby certify that I received on the day
of ,1,from a sample of for
analysis (which then weighed),and have analyzed the same,
and declare the result of my analysis to be as follows:-
I am of opinion that the same is a sample of genuine
[or
I am of opinion that the said sample contained the parts as under,or the
percentages of foreign ingredients as under.]
Observations.
Dated the day of ,1.
(Signed.)
A.B.,
Analyst.
(1)Here insert the name of the person submitting the article for analysis.
(2)Here insert the name of the person delivering the sample.
(3)When the article cannot be conveniently weighed,this passage may be erased or the
blank may be left unfilled.
(4)Here the analyst may insert at his discretion his opinion as to whether the mixture,
if any,was for the purpose of rendering the article potanle or palatable,or of preserving
it,or of improving the appearance,or was unavoidable,and may state whether in excuse
of what is ordinary,or otherwise,or whether the ingredients or materials mixed are or are
not injurious to health.
In the case of a certificate regarding milk,butter,or any article liable to decompoistion,
the analyst shall specially report whether any change had taken place in the constitution of
the article that would interfere with the analysis.
A.D. 1896. Ordinance No. 18 of 1896. Short title. Interpretation of terms. 38 & 39 Vict.c. 63 s.2. Prohibition against mixture of food with injurious ingredient, and against selling when so mixed. Ib.s.3. Prohibition against mixing of injurious ingredient with drug, and against selling the mixture. Ib.s.4. Exemption in case of proof of absence of knowledge. Ib.s.5. Prohibition against sale of article of food and drug not of proper nature, substance, or quality. 38 & 39 Vict.c. 63 s. 6. In sale of adulterated article, no defence to allege purchase for analysis. 42 & 43 Vict.c. 30 s. 2. Penalty on sale of compounded food or drug. 38 & 39 Vict.c. 63 s. 7. Protection from offence by giving of label. Ib.s.8. Prohibition against abstraction of any part of article of food before sale, and against selling article so altered without notice. 38 & 39 Vict.c. 68 s.9. Power to purchaser or sell of food or drug to have it analyzed. Ib.s.12. Power to certain officers to procure samples of food or drugs to submit to analyst. Ib.s.13. Provision for dealing with sample when purchased. Ib.s.14. Provision when sample is not divided. 38 & 39 Vict.c. 63 s.15. Penalty on person refusing to sell article to officer. Ib.s.17. 42 & 43 Vict.c. 30 s.5. Form of certificate of analysis. 38 & 39 Vict.c. 63 s. 18. Schedule. Quarterly report of analyst. Ib.s.19. Proceedings against offenders. Ib.s.20. Effect of certificate as evidence, etc. 38 & 39 Vict.c. 63 s. 21. Power to Magistrate or Court to have article of food or drug analyzed. Ib.s.22. Onus on defendant to prove that he is protected by exception or provision. Ib.s.24. Defendant to be discharged if he proves that he bought article in same state as sold and with warrantly. Ib.s.25. Punishment for forging certificate or warranty, etc. Ib.s.27. Saving as to proceedings by indictment and contracts. 38 & 39 Vict.c. 63 s. 28. Power to appoint analysts for purposes of the Ordinance. Special provision as to time for and notice of proceedings. 42 & 43 Vict.c. 30 s.10. Forfeiture and destruction of article of food or drug. Section 16.
Abstract
A.D. 1896. Ordinance No. 18 of 1896. Short title. Interpretation of terms. 38 & 39 Vict.c. 63 s.2. Prohibition against mixture of food with injurious ingredient, and against selling when so mixed. Ib.s.3. Prohibition against mixing of injurious ingredient with drug, and against selling the mixture. Ib.s.4. Exemption in case of proof of absence of knowledge. Ib.s.5. Prohibition against sale of article of food and drug not of proper nature, substance, or quality. 38 & 39 Vict.c. 63 s. 6. In sale of adulterated article, no defence to allege purchase for analysis. 42 & 43 Vict.c. 30 s. 2. Penalty on sale of compounded food or drug. 38 & 39 Vict.c. 63 s. 7. Protection from offence by giving of label. Ib.s.8. Prohibition against abstraction of any part of article of food before sale, and against selling article so altered without notice. 38 & 39 Vict.c. 68 s.9. Power to purchaser or sell of food or drug to have it analyzed. Ib.s.12. Power to certain officers to procure samples of food or drugs to submit to analyst. Ib.s.13. Provision for dealing with sample when purchased. Ib.s.14. Provision when sample is not divided. 38 & 39 Vict.c. 63 s.15. Penalty on person refusing to sell article to officer. Ib.s.17. 42 & 43 Vict.c. 30 s.5. Form of certificate of analysis. 38 & 39 Vict.c. 63 s. 18. Schedule. Quarterly report of analyst. Ib.s.19. Proceedings against offenders. Ib.s.20. Effect of certificate as evidence, etc. 38 & 39 Vict.c. 63 s. 21. Power to Magistrate or Court to have article of food or drug analyzed. Ib.s.22. Onus on defendant to prove that he is protected by exception or provision. Ib.s.24. Defendant to be discharged if he proves that he bought article in same state as sold and with warrantly. Ib.s.25. Punishment for forging certificate or warranty, etc. Ib.s.27. Saving as to proceedings by indictment and contracts. 38 & 39 Vict.c. 63 s. 28. Power to appoint analysts for purposes of the Ordinance. Special provision as to time for and notice of proceedings. 42 & 43 Vict.c. 30 s.10. Forfeiture and destruction of article of food or drug. Section 16.
Identifier
https://oelawhk.lib.hku.hk/items/show/695
Edition
1901
Volume
v2
Subsequent Cap No.
132
Cap / Ordinance No.
No. 8 of 1896
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SALE OF FOOD AND DRUGS ORDINANCE, 1896,” Historical Laws of Hong Kong Online, accessed November 20, 2024, https://oelawhk.lib.hku.hk/items/show/695.
