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Sale of Food and Drugs Act 1875 (c. 63)

Sale of Food and Drugs Act 1875 1875 CHAPTER 63 38 and 39 Vict An Act to repeal the Adulteration of Food Acts, and to make better provision for the Sale of Food and Drugs in a pure state. [11th August 1875] WHEREAS it is desirable that the Acts now in force relating to the adulteration of food should be repealed, and that the law regarding the sale of food and drugs in a pure and genuine condition should be amended: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Legislation

Table of Content

1. Repeal of statutes

2. Description of Offences

3. Prohibition of the mixing of injurious ingredients, and of selling the same

4. Prohibition of the mixing of drags with injurious ingredients, and of selling the same

5. Exemption in case of proof of absence of knowledge

6. Prohibition of the sale of articles of food and of drugs not of the proper nature, substance, and quality

7. Provision for the sale of compounded articles of food and compounded drugs

8. Protection from offences by giving of label

9. Appointment and Duties of Analysts, and Proceedings to obtain Analysis

10. Appointment of analysts

11. Town council of a borough may engage the analyst of another borough or of the county

12. Power to purchaser of an article of food to have it analysed

13. Officer named to obtain a sample of food or drug to submit to analyst

14. Provision for dealing with the sample when purchased

15. Provision when sample is not divided

16. Provision for sending article to the analyst through the post office

17. Person refusing to sell any article to any officer liable to penalty

18. Form of the certificate

19. Proceedings against Offenders

20. Proceedings against offenders

21. Certificate of analyst prima facie evidence for the prosecution, but analyst to be called if required. Defendant and his wife may be examined

22. Power to justices to have articles of food and drug analysed

23. Appeal to quarter sessions

24. In any prosecution defendant to prove that he is protected by exception or provision

25. Defendant to be discharged if he prove that he bought the article in the same state as sold, and with a warranty. No costs except on issues proved against him

26. Application of penalties

27. Punishment for forging certificate or warranty; for wilful misapplication of warranty; for false warranty; for false label

28. Expenses of executing the Act

29. Special Provision as to Tea

30. Tea to be examined by the Customs on importation

31. Interpretation of Act

32. Provision for the liberty of a cinque port

33. Application of the Act to Scotland

34. Interpretation of terms in application of Act to Ireland

35. Commencement of the Act

36. Title of the Act

1. Repeal of statutes

2. Description of Offences

3. Prohibition of the mixing of injurious ingredients, and of selling the same

4. Prohibition of the mixing of drags with injurious ingredients, and of selling the same

5. Exemption in case of proof of absence of knowledge

6. Prohibition of the sale of articles of food and of drugs not of the proper nature, substance, and quality

7. Provision for the sale of compounded articles of food and compounded drugs

8. Protection from offences by giving of label

9. Appointment and Duties of Analysts, and Proceedings to obtain Analysis

10. Appointment of analysts

11. Town council of a borough may engage the analyst of another borough or of the county

12. Power to purchaser of an article of food to have it analysed

13. Officer named to obtain a sample of food or drug to submit to analyst

14. Provision for dealing with the sample when purchased

15. Provision when sample is not divided

16. Provision for sending article to the analyst through the post office

17. Person refusing to sell any article to any officer liable to penalty

18. Form of the certificate

19. Proceedings against Offenders

20. Proceedings against offenders

21. Certificate of analyst prima facie evidence for the prosecution, but analyst to be called if required. Defendant and his wife may be examined

22. Power to justices to have articles of food and drug analysed

23. Appeal to quarter sessions

24. In any prosecution defendant to prove that he is protected by exception or provision

25. Defendant to be discharged if he prove that he bought the article in the same state as sold, and with a warranty. No costs except on issues proved against him

26. Application of penalties

27. Punishment for forging certificate or warranty; for wilful misapplication of warranty; for false warranty; for false label

28. Expenses of executing the Act

29. Special Provision as to Tea

30. Tea to be examined by the Customs on importation

31. Interpretation of Act

32. Provision for the liberty of a cinque port

33. Application of the Act to Scotland

34. Interpretation of terms in application of Act to Ireland

35. Commencement of the Act

36. Title of the Act

Section 1

1. Repeal of statutes

From the commencement of this Act the statutes of the twenty-third and twenty-fourth of Victoria, chapter eighty-four, of the thirty-first and thirty-second of Victoria, chapter one hundred and twenty-one, section twenty-four, of the thirty-third and thirty-fourth of Victoria, chapter twenty-six, section three, and of the thirty-fifth and thirty-sixth of Victoria, chapter seventy-four, shall be repealed, except in regard to any appointment made under them and not then determined, and in regard to any offence committed against them or any prosecution or other act commenced and not concluded or completed, and any payment of money then due in respect of any provision thereof.

Section 2

2. Description of Offences

The term “food ” shall include every article used for food or drink by man, other than drugs or water : The term “drug ” shall include medicine for internal or external use: The term “county ” shall include every county, riding, and division, as well as every county of a city or town not being a borough: The term “justices ” shall include any police and stipendiary magistrate invested with the powers of a justice of the peace in England, and any divisional justices in Ireland.

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Sale of Food and Drugs Act 1875 (c. 63)

1. Repeal of statutes

2. Description of Offences

Sale of Food and Drugs Act 1875 (c. 63)

1. Repeal of statutes

2. Description of Offences