FOOD ACT 2008 - SECT 132
FOOD ACT 2008 - SECT 132
132 . Presumption
In any proceedings for
an offence under this Act, it is presumed until, on the balance of
probabilities, the contrary is proved that —
(a) any
substance or thing capable of being used as food that was sold or prepared for
sale or conveyed or intended for sale was sold, prepared, conveyed or intended
for sale for human consumption; and
(b) any
substance or thing capable of being used as food is not for human consumption
if it is prominently marked as not being for human consumption, or with words
to that effect; and
(c) food
that is part of a batch, lot or consignment of food of the same class or
description is representative of all of the food in that batch, lot or
consignment; and
(d) each
part of a sample of food divided for the purpose of analysis under this Act is
of uniform composition with every other part of that sample; and
(e) a
person who sold food in the conduct of a food business and was not the
proprietor of the food business sold the food as the agent of the proprietor;
and
(f) a
person who appears from any statement on a package containing food for sale to
have imported, manufactured, packed or prepared the food is the importer,
manufacturer, packager or preparer of the food, as the case may be; and
(g) food
that has been sold to a consumer has been sold at some time by any person who
respectively imported, manufactured, prepared or packed the food; and
(h) a
signature purporting to be that of the CEO, a member of staff, an authorised
officer, the person in charge of an approved laboratory or an approved analyst
is that signature.