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Section 19: Defences which may or may not be allowed in prosecutions under this Act

The Prevention of Food Adulteration Act, 1954Union territory Act of Chandigarh · Act 37 of 1954

(1) It shall be no defence in a prosecution for an offence pertaining to the sale of any adulterated or misbranded article of food to allege merely that the vendor was ignorant of the nature, substance or quality of the food sold by him or that the purchaser having purchased any article for analysis was not prejudiced by the sale.

2 [(2) A vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded article of food if he proves—

(a) that he purchased the article of food—

(i) in a case where a licence is prescribed for the sale thereof, from a duly licensed manufacturer, distributor or dealer,

(ii) in any other case, from any manufacturer, distributor or dealer, with a written warranty in the prescribed form; and

(b) that the article of food while in his possession was properly stored and that he sold it in the same state as he purchased it.]

(3) Any person by whom a warranty as is referred to 3 [in section 14] is alleged to have been given shall be entitled to appear at the hearing and give evidence.

Where this provision sits

ActThe Prevention of Food Adulteration Act, 1954
Section19
Marginal noteDefences which may or may not be allowed in prosecutions under this Act
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source
Judgments citing it1

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