SALE OF FOOD AND DRUGS ORDINANCE, 1896
Title
SALE OF FOOD AND DRUGS ORDINANCE, 1896
Description
No. 8 of 1896.
To make better provision for the Sale of Food, and Drugs in a
Pure State. [19th August, 1896.]
1. 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,
(a) any article of food with any ingredient or material so as to
render the article injurious to health, or
(b) 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 article or drug so mixed, coloured, stained, or
powdered,
shall in every case, on summary conviction, be liable to a fine not
exceeding 500 dollars.
Provided that no person shall be, liable to be convicted under this
section in respect of the sale of any article of food or of any drug if
he shows, to the satisfaction of the Magistrate, that he did
not know that the article of food or drug sold by him was so mixed,
coloured, stained, or powdered, and that he could not with reason-
able diligence have obtained that knowledge.
[ss. 4, 5, absorbed in s. 3 by No. 2 of 1912.]
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, be liable to a fine not exceeding 200
dollars: Provided that an offence shall not be deemed to be corn-
mitted under this section in the following cases:--
(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 there of as an article of commerce, in a
state fit for carriage or consumption, and not fradulently to increase
the bulk, weight, or measure of the food or drug or to conceal the
inferior quality thereof;
(2) where the drug or food is a proprietary medicine, or is the
subject of a patent in force, and is supplied in the state required by
the specification of the patent; and
(3) where the food or drug is unavoidably mixed with some ex-
traneous matter in the process of collection or preparation.
7. In any prosecution under this Ordinance for sellilig, to the
prejudice of the purchaser, any article of food or any drug which is
not of nature, subatance, and quality of the article demanded
by such purchaser, it shall be no defence 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 com-
pounded drug wlilch is not composed of ingredients accordance
with the demand of the purchaser shall in every case, on summary
conviction, be liable to a fine not exceeding 200 dollars.
9. Provided 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 in-
tended to fradulently increase its bulk, weight, or measure, or to
conceal its inferior quality, if, at the time Of delivering such article
or drug, he 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 injuriously 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, be liable to a fine not
exceeding 200 dollars.
(2) Every person who sells 'skimmed milk' to a purchaser
demanding 'milk' shall be liable to the same punishment.
10a. Every tin or other receptacle containing condensed,
separated, or skimmed milk sold or exposed for sale for consumption
in the Colony shall bear a label; and on every such label and on the
wrapper, if any, of every such tin or other receptacle there shall be
printed in large and legible type in English and Chinese the words
' This is skimmed milk, children under one year of age should not
be fed on it
and if any person sells or exposes or offers for sale for
consumption in the Colony condensed, separated, or skimmed milk
in contravention of this section he shall be liable, on summary con-
viction, to a fine not exceeding 100 dollars.
11. Any purchaser or seller of an artiele of food or of a drug shall
be entitled, on payment of the sum of 5 dollars to the Governnient
Analyst or to any analyst, to have siieli article analyzed and to
receive from him a certiricate of the result of his analysis.
12. Any sanitary inspector, or inspector of weights and mea
stircs, or inspector of or any officer of police 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 Realth may, at the cost of the Government, procurn any sample
of food or drugs, and, if he suspects the sanic to have been sold to
him contrary to any provision of this Ordinance, shall submit the
snine to be analyzed by the Govenment Analyst or by any analyst,
and such analyst shall, on receiving payment as is provided in the
last 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 sefler or his agent selling the
As arnerided by No. 20 of 1.911, No. 30 of 1911 and No. 1 of 1912.
As. aniendoel by No. 1 of 1912.
As amended by No. 50 of 1911, No. 51 of 1911, No. 1 of 1912,
No. 2 of 1912 and No. 43 of 012 Supp. Selned.
As aniended by No. 1 of 1912 Rod No. 2 of 1912.
article his intention to have the same analyzed by the Government
Analyst or by any analyst, and shall offer to divide the article into
three parts to be then and there separated, and each part to
be marked and scaled or fastened 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 sullinit the third part, if he deems it ricsht to have
the article analyzed, to the analyst.
14. If the seller or his agent does not aceept 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 in tnto 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 prodLiction in casc proceedings are afterwards
taken in the matter.
15. If any such inspector or officer of police referred to in section
12, acting under such written instructions as therein mentioned,
applies to purchase 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 whic ' h 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 lie sliall, on summary conviction, be liable to a fine not
exceeding 100 dollars,
16. The certificate of the analysis shall be in the form in
the schedule or to the like effect.
17. The Government Analyst and any analyst shall report quarterly
to the Colonial Secretary and to the Secretary of the Sanitary Board
the number of articles analyzed by him, and the result of every
analysis, and such report shall be published by the Colonial Secre-
tary in the Gazette. The report shall not include analyses inade
under section 11.
As amended by No. 30 of 1911, No. 51 of 1911, _No. 1 of 1912,
No. 2 of 1912 and No. 21 of 1912.
+ As tAine~n(lo(l by No 50 of 1911.
As :iiii(~iicled by No. 1 of 1912 and No. 2 of 1912.
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 Sanifary Board may
take summary proceddings before a Magistrate in respect of such
offence.
19.-(1) At the hearing of such proceedings, thc production 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 tender himself and his wife to be
examined on his behalf, and he or she shall, If lie so desires, be ex-
amined 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 any analyst, and such
analyst shall thereupon give a certificate to such Magistrate or
Courl of the result of such analysis.
(2) The expenses of such analysis shall be paid by the, complain-
ant or the defendant, as the Magistrate or Court may direct.
21. In any prosecution under this Ordinance, when the fact of
an article having been sold in a mixed state has been proved, if the
defendant 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 delendant 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 same in Pature, 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 hesold it that the article was otherwise, and that he
sold it in the same state as when he purchased it, lie shall be dis-
charged.
AF; b,s. 'Nn. 1 of 1912.
M ~1111(-~lldcd 1UY 'No. 1 ul 1912 W1d No. 2 of 1912~
23.-(1) Every person who forges, or utters, knowing it to be
forged, for the purposes of this Ordinance, any certificate or
any writing purporting to contain a warranty shall be guilty of a
misdemanor, and shall be liable to imprisonment for any term not
exceeding 2 years.
(2) Every person who wilfully applies to an article of food or a
drug, in any proceedings, a certificate of warranty given in relation
to any other article or drug shall be guilty of an offence and shall,
on summary conviction, be liable to a fine not exceeding 200 dollars.
(3) Every person who,-
(a) gives a false warrantly in writing to any purchaser in respect
of an article of feed or a drug sold by him as principal or agent; or
(b) wilfully gives a label with any article, sold by him which
falsely describes the artielc sold,
shall, on summary conviction, be liable to a fine not exceeding 200
dollars.
24. Nothing in this Ordinance shall affect the power of proceeding
by indictment, or take away any other remed against any offender
under this Ordinance, or in any way interfere with contracts and
bargains between individuals arid the rights and remedies belonging
thereto: Provided that, in any action brought by any person for
a breach of contract on the sAe of any article of food or of any drucr
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 lie 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 ws demanded of him, and that he purchased
it not knowing it to be otherwise, and afterwards sold it in the same,
state in which lie 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.
Asimended by No. 30 of 1911, ~,o. 1 of 1912, No. 2 of 1912 and
~\o. 21 of 1912.The sto~ls cannot be am-arded ~i~; a punishment for an offence
st the provisions of cither of these sub-sections. See
N o. '13
of 1H90 ~. 87. The sub-sections (8) & (4) rfei.red to
therein have been werged into sub-section (3) by No. 2 o~
1912.
25-(1) The Governor shall have power, on receiving such evi-
dence 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, and such person is referred to
in this Ordinance as 'any analyst'.
(2) Auy such appointment shall be published in the Gazette.
26. In any prosecution under this Ordinance, and notwithstand-
ing the provisions of section 18, the summons to appear before a
Magistrate shall be served en the person charged within a reason-
able time, and, in the case of a perishable article, not exceeding 28
days from the time of the purchase from such person for test
purposes of food or drug, for the sale whcih he is being
prosecuted, and particulars of the offence of which the seller
is accused, and also the name of the prosecutor, shall be stated
on the summons, and the summons sliall be made returnable in at
least 7 days from the day of service.
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.
28-(1) The Govenor-in-Council, may make regulations for
determinng what deficiency in any of the normal contituents of
genuine milk, cream, butter, or cheese, or, what addition of
extraneous matter or proportion of water, in any sample of milk
including condensed milk, cream, Ibutter, or cheese, sba,ll for the
purposes of this Ordinance raise a presumption, until the contrary
is proved, that the milk, cream, butter, or cheese is not genuine
or is injurious to health, and any analyst shall regard to such
regulations in certifying the result of an analysis under this Or-
dinance.
(2) Regulations made under this section, in addition to being
published in the Gazette, shall be made known in such other,
manner as the Governor-in-Council may direct.
SCHEDULE.
FORM OF CERTIFICATE OF ANALYSIS.
[s. 16.]
TO (1)
I, the undersigned, do herehy Certifly that I received on the day of
19 , from (2) a sample of for analysis (which then
As. aniended bY No. 1 of 1912 ,in(] Nn. 2 nf 1912.
AR iiin(~li(If.,rl hy No. 20 of 1911 and NO. 2 of 1912.
weighed (3) ), 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 (4).
Dated the day of . 19 .
(Signed.) A.B., Analyst.
(1) Here insert the name of person the article for analysis.
(2) Here insert the name of the person delivering the sample.
(3) When the article cannot be conveniently weight 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 whother the
mixture, if any, was for the purpose of rendeving thu article potable or palatable, or
of presenring it, or of iloproving the orunavoidable and may state
whether ill excess 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 cedificate regardillg, milk, butter or any article liable to decomposi-
tion, the analyst shall specially report whether any change had taken place in the
constitution of the article that would interfere with the analysis.
Short title. Interpretation. [38 & 39 Vict.c. 63 s. 2.] Prohibition against mixture of food or drug with injurious ingredient, and against selling when mixed. [ib. ss. 3,4.] Exemption in case of proof of absence of knowledge. [ib.s.5.] Prohibition against sale of article of food or drug not to proper nature, substance, or quality. [ib.s.6.] In sale of adulterated article, no defence to allege purchase for analysis. [42 & 43 Vict.c. 30 s. 2.] Penalty on sale compounded food or drug. [38 & 39 Vict.c. 63 s. 7.] Protection of seller 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. [ib.s.9.] Provision as to condensed separated or skimmed milk sold for consumption in the Colony. Power to purchaser or seller of food or drug to have it analyzed. [38 & 39 Vict.c. 63 s. 12.] Power to certain officers to procure samples of food or drugs to submit to analyst. [ib.s.13.] Provision for dealing with samples 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.] Certificate of analysis. [38 & 39 Vict.c. 63 s. 18.] Quarterly report of analyst. [ib.s.19] Proceedings against offenders. [38 & 39 Vict.c. 63 s. 20.] Effect of certificate as evidence, etc. [ib.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. [ib.s.24.] Defendant to be discharged if he proves that he bought articles in same state as sold and with warranty. [ib.s.25.] Punishment for forging certificate of warranty, etc. [38 & 39 Vict.c. 63 s. 27.] Saving as to proceedings by indictment, and contracts. [38 & 39 Vict.c. 63 s. 28.] Power to appoint analysts. 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. Power for Governor-in Council to make regulations as to analysis of milk, cream, butter, or cheese. [62 & 63 Vict.c 51 s. 4.]
To make better provision for the Sale of Food, and Drugs in a
Pure State. [19th August, 1896.]
1. 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,
(a) any article of food with any ingredient or material so as to
render the article injurious to health, or
(b) 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 article or drug so mixed, coloured, stained, or
powdered,
shall in every case, on summary conviction, be liable to a fine not
exceeding 500 dollars.
Provided that no person shall be, liable to be convicted under this
section in respect of the sale of any article of food or of any drug if
he shows, to the satisfaction of the Magistrate, that he did
not know that the article of food or drug sold by him was so mixed,
coloured, stained, or powdered, and that he could not with reason-
able diligence have obtained that knowledge.
[ss. 4, 5, absorbed in s. 3 by No. 2 of 1912.]
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, be liable to a fine not exceeding 200
dollars: Provided that an offence shall not be deemed to be corn-
mitted under this section in the following cases:--
(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 there of as an article of commerce, in a
state fit for carriage or consumption, and not fradulently to increase
the bulk, weight, or measure of the food or drug or to conceal the
inferior quality thereof;
(2) where the drug or food is a proprietary medicine, or is the
subject of a patent in force, and is supplied in the state required by
the specification of the patent; and
(3) where the food or drug is unavoidably mixed with some ex-
traneous matter in the process of collection or preparation.
7. In any prosecution under this Ordinance for sellilig, to the
prejudice of the purchaser, any article of food or any drug which is
not of nature, subatance, and quality of the article demanded
by such purchaser, it shall be no defence 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 com-
pounded drug wlilch is not composed of ingredients accordance
with the demand of the purchaser shall in every case, on summary
conviction, be liable to a fine not exceeding 200 dollars.
9. Provided 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 in-
tended to fradulently increase its bulk, weight, or measure, or to
conceal its inferior quality, if, at the time Of delivering such article
or drug, he 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 injuriously 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, be liable to a fine not
exceeding 200 dollars.
(2) Every person who sells 'skimmed milk' to a purchaser
demanding 'milk' shall be liable to the same punishment.
10a. Every tin or other receptacle containing condensed,
separated, or skimmed milk sold or exposed for sale for consumption
in the Colony shall bear a label; and on every such label and on the
wrapper, if any, of every such tin or other receptacle there shall be
printed in large and legible type in English and Chinese the words
' This is skimmed milk, children under one year of age should not
be fed on it
and if any person sells or exposes or offers for sale for
consumption in the Colony condensed, separated, or skimmed milk
in contravention of this section he shall be liable, on summary con-
viction, to a fine not exceeding 100 dollars.
11. Any purchaser or seller of an artiele of food or of a drug shall
be entitled, on payment of the sum of 5 dollars to the Governnient
Analyst or to any analyst, to have siieli article analyzed and to
receive from him a certiricate of the result of his analysis.
12. Any sanitary inspector, or inspector of weights and mea
stircs, or inspector of or any officer of police 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 Realth may, at the cost of the Government, procurn any sample
of food or drugs, and, if he suspects the sanic to have been sold to
him contrary to any provision of this Ordinance, shall submit the
snine to be analyzed by the Govenment Analyst or by any analyst,
and such analyst shall, on receiving payment as is provided in the
last 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 sefler or his agent selling the
As arnerided by No. 20 of 1.911, No. 30 of 1911 and No. 1 of 1912.
As. aniendoel by No. 1 of 1912.
As amended by No. 50 of 1911, No. 51 of 1911, No. 1 of 1912,
No. 2 of 1912 and No. 43 of 012 Supp. Selned.
As aniended by No. 1 of 1912 Rod No. 2 of 1912.
article his intention to have the same analyzed by the Government
Analyst or by any analyst, and shall offer to divide the article into
three parts to be then and there separated, and each part to
be marked and scaled or fastened 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 sullinit the third part, if he deems it ricsht to have
the article analyzed, to the analyst.
14. If the seller or his agent does not aceept 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 in tnto 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 prodLiction in casc proceedings are afterwards
taken in the matter.
15. If any such inspector or officer of police referred to in section
12, acting under such written instructions as therein mentioned,
applies to purchase 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 whic ' h 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 lie sliall, on summary conviction, be liable to a fine not
exceeding 100 dollars,
16. The certificate of the analysis shall be in the form in
the schedule or to the like effect.
17. The Government Analyst and any analyst shall report quarterly
to the Colonial Secretary and to the Secretary of the Sanitary Board
the number of articles analyzed by him, and the result of every
analysis, and such report shall be published by the Colonial Secre-
tary in the Gazette. The report shall not include analyses inade
under section 11.
As amended by No. 30 of 1911, No. 51 of 1911, _No. 1 of 1912,
No. 2 of 1912 and No. 21 of 1912.
+ As tAine~n(lo(l by No 50 of 1911.
As :iiii(~iicled by No. 1 of 1912 and No. 2 of 1912.
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 Sanifary Board may
take summary proceddings before a Magistrate in respect of such
offence.
19.-(1) At the hearing of such proceedings, thc production 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 tender himself and his wife to be
examined on his behalf, and he or she shall, If lie so desires, be ex-
amined 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 any analyst, and such
analyst shall thereupon give a certificate to such Magistrate or
Courl of the result of such analysis.
(2) The expenses of such analysis shall be paid by the, complain-
ant or the defendant, as the Magistrate or Court may direct.
21. In any prosecution under this Ordinance, when the fact of
an article having been sold in a mixed state has been proved, if the
defendant 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 delendant 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 same in Pature, 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 hesold it that the article was otherwise, and that he
sold it in the same state as when he purchased it, lie shall be dis-
charged.
AF; b,s. 'Nn. 1 of 1912.
M ~1111(-~lldcd 1UY 'No. 1 ul 1912 W1d No. 2 of 1912~
23.-(1) Every person who forges, or utters, knowing it to be
forged, for the purposes of this Ordinance, any certificate or
any writing purporting to contain a warranty shall be guilty of a
misdemanor, and shall be liable to imprisonment for any term not
exceeding 2 years.
(2) Every person who wilfully applies to an article of food or a
drug, in any proceedings, a certificate of warranty given in relation
to any other article or drug shall be guilty of an offence and shall,
on summary conviction, be liable to a fine not exceeding 200 dollars.
(3) Every person who,-
(a) gives a false warrantly in writing to any purchaser in respect
of an article of feed or a drug sold by him as principal or agent; or
(b) wilfully gives a label with any article, sold by him which
falsely describes the artielc sold,
shall, on summary conviction, be liable to a fine not exceeding 200
dollars.
24. Nothing in this Ordinance shall affect the power of proceeding
by indictment, or take away any other remed against any offender
under this Ordinance, or in any way interfere with contracts and
bargains between individuals arid the rights and remedies belonging
thereto: Provided that, in any action brought by any person for
a breach of contract on the sAe of any article of food or of any drucr
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 lie 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 ws demanded of him, and that he purchased
it not knowing it to be otherwise, and afterwards sold it in the same,
state in which lie 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.
Asimended by No. 30 of 1911, ~,o. 1 of 1912, No. 2 of 1912 and
~\o. 21 of 1912.The sto~ls cannot be am-arded ~i~; a punishment for an offence
st the provisions of cither of these sub-sections. See
N o. '13
of 1H90 ~. 87. The sub-sections (8) & (4) rfei.red to
therein have been werged into sub-section (3) by No. 2 o~
1912.
25-(1) The Governor shall have power, on receiving such evi-
dence 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, and such person is referred to
in this Ordinance as 'any analyst'.
(2) Auy such appointment shall be published in the Gazette.
26. In any prosecution under this Ordinance, and notwithstand-
ing the provisions of section 18, the summons to appear before a
Magistrate shall be served en the person charged within a reason-
able time, and, in the case of a perishable article, not exceeding 28
days from the time of the purchase from such person for test
purposes of food or drug, for the sale whcih he is being
prosecuted, and particulars of the offence of which the seller
is accused, and also the name of the prosecutor, shall be stated
on the summons, and the summons sliall be made returnable in at
least 7 days from the day of service.
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.
28-(1) The Govenor-in-Council, may make regulations for
determinng what deficiency in any of the normal contituents of
genuine milk, cream, butter, or cheese, or, what addition of
extraneous matter or proportion of water, in any sample of milk
including condensed milk, cream, Ibutter, or cheese, sba,ll for the
purposes of this Ordinance raise a presumption, until the contrary
is proved, that the milk, cream, butter, or cheese is not genuine
or is injurious to health, and any analyst shall regard to such
regulations in certifying the result of an analysis under this Or-
dinance.
(2) Regulations made under this section, in addition to being
published in the Gazette, shall be made known in such other,
manner as the Governor-in-Council may direct.
SCHEDULE.
FORM OF CERTIFICATE OF ANALYSIS.
[s. 16.]
TO (1)
I, the undersigned, do herehy Certifly that I received on the day of
19 , from (2) a sample of for analysis (which then
As. aniended bY No. 1 of 1912 ,in(] Nn. 2 nf 1912.
AR iiin(~li(If.,rl hy No. 20 of 1911 and NO. 2 of 1912.
weighed (3) ), 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 (4).
Dated the day of . 19 .
(Signed.) A.B., Analyst.
(1) Here insert the name of person the article for analysis.
(2) Here insert the name of the person delivering the sample.
(3) When the article cannot be conveniently weight 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 whother the
mixture, if any, was for the purpose of rendeving thu article potable or palatable, or
of presenring it, or of iloproving the orunavoidable and may state
whether ill excess 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 cedificate regardillg, milk, butter or any article liable to decomposi-
tion, the analyst shall specially report whether any change had taken place in the
constitution of the article that would interfere with the analysis.
Short title. Interpretation. [38 & 39 Vict.c. 63 s. 2.] Prohibition against mixture of food or drug with injurious ingredient, and against selling when mixed. [ib. ss. 3,4.] Exemption in case of proof of absence of knowledge. [ib.s.5.] Prohibition against sale of article of food or drug not to proper nature, substance, or quality. [ib.s.6.] In sale of adulterated article, no defence to allege purchase for analysis. [42 & 43 Vict.c. 30 s. 2.] Penalty on sale compounded food or drug. [38 & 39 Vict.c. 63 s. 7.] Protection of seller 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. [ib.s.9.] Provision as to condensed separated or skimmed milk sold for consumption in the Colony. Power to purchaser or seller of food or drug to have it analyzed. [38 & 39 Vict.c. 63 s. 12.] Power to certain officers to procure samples of food or drugs to submit to analyst. [ib.s.13.] Provision for dealing with samples 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.] Certificate of analysis. [38 & 39 Vict.c. 63 s. 18.] Quarterly report of analyst. [ib.s.19] Proceedings against offenders. [38 & 39 Vict.c. 63 s. 20.] Effect of certificate as evidence, etc. [ib.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. [ib.s.24.] Defendant to be discharged if he proves that he bought articles in same state as sold and with warranty. [ib.s.25.] Punishment for forging certificate of warranty, etc. [38 & 39 Vict.c. 63 s. 27.] Saving as to proceedings by indictment, and contracts. [38 & 39 Vict.c. 63 s. 28.] Power to appoint analysts. 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. Power for Governor-in Council to make regulations as to analysis of milk, cream, butter, or cheese. [62 & 63 Vict.c 51 s. 4.]
Abstract
Short title. Interpretation. [38 & 39 Vict.c. 63 s. 2.] Prohibition against mixture of food or drug with injurious ingredient, and against selling when mixed. [ib. ss. 3,4.] Exemption in case of proof of absence of knowledge. [ib.s.5.] Prohibition against sale of article of food or drug not to proper nature, substance, or quality. [ib.s.6.] In sale of adulterated article, no defence to allege purchase for analysis. [42 & 43 Vict.c. 30 s. 2.] Penalty on sale compounded food or drug. [38 & 39 Vict.c. 63 s. 7.] Protection of seller 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. [ib.s.9.] Provision as to condensed separated or skimmed milk sold for consumption in the Colony. Power to purchaser or seller of food or drug to have it analyzed. [38 & 39 Vict.c. 63 s. 12.] Power to certain officers to procure samples of food or drugs to submit to analyst. [ib.s.13.] Provision for dealing with samples 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.] Certificate of analysis. [38 & 39 Vict.c. 63 s. 18.] Quarterly report of analyst. [ib.s.19] Proceedings against offenders. [38 & 39 Vict.c. 63 s. 20.] Effect of certificate as evidence, etc. [ib.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. [ib.s.24.] Defendant to be discharged if he proves that he bought articles in same state as sold and with warranty. [ib.s.25.] Punishment for forging certificate of warranty, etc. [38 & 39 Vict.c. 63 s. 27.] Saving as to proceedings by indictment, and contracts. [38 & 39 Vict.c. 63 s. 28.] Power to appoint analysts. 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. Power for Governor-in Council to make regulations as to analysis of milk, cream, butter, or cheese. [62 & 63 Vict.c 51 s. 4.]
Identifier
https://oelawhk.lib.hku.hk/items/show/886
Edition
1912
Volume
v1
Subsequent Cap No.
132
Cap / Ordinance No.
No. 8 of 1896
Number of Pages
8
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SALE OF FOOD AND DRUGS ORDINANCE, 1896,” Historical Laws of Hong Kong Online, accessed April 28, 2025, https://oelawhk.lib.hku.hk/items/show/886.
