Adulteration of Food Prevention Act 1879 No 10a (NSW)
No. XIV.
An Act to prevent the Adulteration of Articles of Food or Drink and the Sale of certain Liquors injurious to health. [2nd April, 1879.]
enac ted by t h e Queen ' s Mos t Exce l len t Majesty by a n d wi th the advice W H E R E A S and dr ink for sale requires to be repressed Be i t therefore
t h e prac t ice of adu l te ra t ing d rugs and art icles of food
and consent of t h e Legislat ive Council and Legislat ive Assembly of N e w Sou th "Wales in Pa r l i amen t assembled and by the au thor i ty of t he same as follows :—
1. Every person who shall for purposes of sale m i x or cause or pe rmi t to be mixed any ingredient or mater ia l wi th any art icle of food or dr ink or shall colour any such ar t ic le or cause or permi t t he same to be coloured so as in any such case to render such art icle injurious to hea l t h—or who shall for purposes of sale m i x or cause or pe rmi t to be mixed any ingredien t or mater ia l wi th any d rug or shall colour any such d r u g or cause or pe rmi t t he same to be coloured so as to affect injuriously t h e qual i ty or potency of such drug—shal l for the first offence be l iable to a pena l ty not exceeding fifty pounds and in case of any subsequent offence shall be gui l ty of a misdemeanour and be liable to impr i sonment wi th or wi thou t ha rd labour for a t e r m not exceeding
six m o n t h s . 2. Every person who shall sell any drug or ar t icle of food or d r i nk mixed wi th any such ingredient or mate r ia l or so coloured as aforesaid whereby such d rug or art icle has been rendered injurious to hea l th shall be liable for each offence to t he l ike penal t ies as are in t he first section provided in respect of the mix ing or colour ing of any such d rug or art icle.
3. Provided t h a t no person shall be convicted unde r t he last preceding section who shall show to t he satisfaction of the Jus t ices (or in case of ind ic tmen t to t he satisfaction of t h e J u r y ) t h a t he did no t know the d rug or ar t ic le in quest ion to have been so mixed or injuriously coloured as aforesaid and t h a t he could no t wi th reasonable diligence have obtained t h a t knowledge.
for any subsequent offence to a penal ty no t exceeding fifty pounds . 4. Every person who shall for purposes of sale m i x or cause or pe rmi t to be mixed any ingredient or ma te r i a l wi th any d r u g or art icle of food or d r ink in order thereby f raudulent ly to increase i ts weight bu lk or measure or to conceal its inferior qua l i ty—or who shall to t he prejudice of t h e purchaser sell any d rug or art icle of food or d r ink mixed wi th any ingredient or mater ia l whereby the weight bu lk or measu re of such d r u g or ar t icle has been increased or i ts inferior qual i ty concealed—shal l be liable to a pena l ty not exceeding twen ty pounds and for any subsequent offence to a pena l ty no t exceeding fifty pounds .
5. Eve ry person who shall to t he prejudice of t he purchase r sell a n y d rug or art icle of food or dr ink which is no t of t he na tu re subs tance or qual i ty of t he d rug or ar t ic le demanded by such purchaser — o r any compounded d r u g or compound ar t ic le of food which is not composed of ingredients in accordance wi th t h e demand of t h e pur chaser—shal l be liable to a pena l ty not exceeding twenty pounds and
6. Provided t h a t no person shall he convicted unde r c i ther of t he two last preceding sections if he shall show to t he satisfaction of t he Jus t i ces t h a t he did not know the d rug or ar t icle in quest ion to have been mixed so t h a t thereby its weight or bu lk or measure was increased or i ts inferior qual i ty concealed and t h a t he could not wi th reasonable dil igence have obtained t h a t knowledge or if he shall show t h a t a t t he t ime of sell ing such d r u g or ar t ic le he dist inct ly apprised t he purchaser t h a t i t was mixed or shall show t h a t t he added ingredient or mater ia l (not be ing injurious to heal th) was added not for any f raudulent purpose b u t solely for t he product ion or necessary pre para t ion of t he d r u g or ar t icle as an article of commerce or was unavoidably mixed wi th it in t h e process of p repara t ion or t h a t such d rug or ar t ic le was a pa ten ted or propr ie tary medicine and sold as such.
7. The t e r m ingredient and the t e r m mate r i a l as used in th is Ac t shall inc lude l iquids as well as solid substances .
8. Every person who shall sell and deliver or cause or pe rmi t to be sold and delivered for immedia te consumpt ion by the buye r or any o ther person any in toxica t ing l iquor conta in ing fusel oil in a proport ion injur ious to hea l th shall be liable for each offence to t he l ike penalt ies as are in t h e first section provided in respect of t he offences the re mentioned.
9. Provided t h a t no person shal l be convicted unde r t he last preceding section who shall show to t he satisfaction of the Just ices (or in case of ind ic tment to t h e satisfaction of t he ju ry ) t h a t he did no t know t h e l iquor in quest ion to have been unfit for present consumpt ion or such as to be injurious to hea l th and t h a t he could not wi th reasonable di l igence have obtained t h a t knowledge.
10. Every sergeant of police or senior constable or constable specially author ized by t h e Inspector General or an Inspector of police m a y on p a y m e n t or tender of t h e value thereof demand and obtain samples of any in toxicat ing l iquor from any person deal ing in such l iquors or hav ing such for sale and m a y require h i m to show and permi t t he inspection of t h e vessels or vessel in which such l iquor is a t t he t ime kep t and to draw the required samples or sample there from in the officer's presence And any person be ing there to lawfully required who shall refuse or wilfully neglect to deliver to any such officer any such sample t h e va lue thereof hav ing been paid or tendered or who shall wilfully and wi thout jus t cause refuse or neglect to show or to permi t t h e inspection of any such vessel or who shall in any manne r or by any means obst ruct such officer in m a k i n g such inspection or in
| not exceeding fifty pounds and in case of any subsequent offence to a | obta in ing the samples or sample required shall be liable to a penalty | |||
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1 1 . Eve ry pecuniary penal ty under th is Ac t m a y be imposed and
recovered in a s u m m a r y way by and before any two Jus t i ces and where t h e pena l ty awarded exceeds five pounds t he defendant may appeal from the conviction in t h e m a n n e r by law in t ha t behalf provided.
12. W h e r e t h e prosecutor in any case unde r th i s A c t shall have
caused the d r u g l iquor or ar t icle forming the subject of prosecut ion to be analysed by any competent analyst t h e reasonable expense of and a t t end ing such analysis (to be assessed by t h e Jus t ices) m a y in case of a conviction be awarded against t he defendant as par t of the costs of t h e prosecut ion if t he convict ing Jus t i ces shall t h i n k fit Provided t h a t before t he m a k i n g of such analysis the person prosecuted shall have had reasonable not ice of t he t ime and place of t he in tended product ion of t he d r u g l iquor or art icle to t he analyst for examinat ion wi th t he n a m e of such analyst and shall have been allowed to a t tend on such product ion.
I No. X V .
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