View report page

136
"of food with any ingredient or material so as to render the article
"injurious to health, with intent that the same may be sold in that state,
uand no person shall sell any such article so mixed, coloured, stained or
"powdered, under a penalty in each case not exceeding fifty pounds for the
"first offence; every offence, after a conviction for a first offence, shall
"be a misdemeanour, for which the person, on conviction, shall be
"imprisoned for a period not exceeding six months with hard labour.
"4.— No person shall, except for the purpose of compounding
"as hereinafter described, mix, colour, stain or powder, or order, or
"permit any other person to mix, colour, stain or powder, any drug
"with any ingredient or material so as to affect injuriously the quality
"or potency of such drug, with intent that the same may be sold in that
"state, and no person shall sell any such drug so mixed, coloured, stained
"or powdered, under the same penalty in each case respectively, as in
"the preceding section for a first and subsequent offence."
Sale of Food and Drugs Act, 1891.
"17.— (1) Where under any provision of the Sale of Food
"and Drugs Act, 1875, a person guilty of an offence is liable to a fine
"which may extend to twenty pounds as a maximum, he shall be liable
"for a second offence under the same provision to a fine not exceeding
"fifty pounds, and for any subsequent offence to a fine not exceeding one
"hundred pounds."
This covers all the offences under the Act of 1875, except those created by
section 3, as to mixing, &c., any article of food with any ingredients, so as to
render the same injurious to health, and selling same; by section 4, as to
mixing, &c., drugs with ingredients so as to affect injuriously the quality, dec.,
of the drug; by section 17, for refusing to sell to any officer; and by section
27, for forging a certificate of warranty.
"(2) Where, under any provision of the Sale of Food and Drugs
"Acts, a person guilty of an offence is liable to a fine exceeding fifty
"pounds, and the offence in the opinion of the Court was committed by
"the personal act, default, or culpable negligence of the person accused,
"that person shall be liable (if the Court is of opinion that a fine will
"not meet the circumstances of the case), to imprisonment, with or with"out
hard labour, for a period not exceeding three months."
This includes the offences covered by sub-section 1, those created by the
Margarine Act, and those created by this Act under sections 1, 7, 8, 16,
but only the third offence under any of these provisions. It is important to
notice that the Court has no power to imprison under this sub-section, unless
in the opinion of the Court the offence, that is, the third offence under the
above-mentioned provisions, was committed by the personal act, default or
culpable negligence of the person accused.
There is a direct connection between the Sale of Food and Drug's Act and
the Aliens Act that came into operation at the beginning of this year, and in