South Australian Consolidated Acts South Australian Consolidated Acts22—Prohibition of the sale of drugs not of the proper nature, substance,
and quality
No person shall sell to the prejudice of the purchaser any drug which is not
of the nature, substance, and quality of the article demanded by such
purchaser, or any adulterated drug, and no person shall have in his
possession, control, or disposition for sale any drug which is not of the
nature, substance and quality which he represents it to be or which it
purports to be, or any adulterated drug, under a penalty in either case of not
less than twenty dollars and not exceeding two hundred dollars: Provided that
an offence shall not be deemed to be committed under this section in the
following cases, that is to say:
(1) If the defendant
shall prove that any matter or ingredient not injurious to health has been
added to the drug because the same is required for the production or
preparation thereof as an article of commerce in a state fit for carriage or
consumption, and not fraudulently to increase the bulk, weight, or measure or
alter the potency of the drug or conceal the inferior quality thereof;
(2) Where the drug 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;
(3) Where the drug is
compounded as in this Act mentioned;
(4) Where the drug is
unavoidably mixed with some extraneous matter in the process of collection or
preparation;
It shall be no defence to any prosecution under this section to allege or
show—
I. that the purchaser,
having bought only for analysis, was not prejudiced by such sale;
II. that the drug in
question, though defective in nature, substance, or quality, was not defective
in all the three or in more than one of such respects.
And in any such prosecution it shall, until the contrary is proved, be
presumed that any drug in the possession, control, or disposition of any
person is in such person's possession, control, or disposition for sale.