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in a conspicuous position so as to be easily readable by a
purchaser.
(3) No person shall sell cream which contains any thickening sub.
stance.
5. — (1) No person shall sell any article which is recommended in any
mark or label placed thereon or on its receptacle or container for use
as a preservative of, or colouring matter for, any article of food or is
described or referred to in any such mark or label in terms likely to
lead to its being so used,—
(i) if such use would be contrary to these Regulations; or
(ii) if in the case of a preservative, it is not labelled in accordance
with the Rules set out in the Second Schedule to these
Regulations.
(2) No person shall on or in connection with the sale of any article
or in any advertisement, circular or notice relating thereto recommend
it for use as a preservative of, or colouring matter for, any article of
food, or describe or refer to it in terms likely to lead to its being so
used, if such use would be contrary to these Regulations.
(3) No person shall sell any article which is recommended in any
such mark or label as aforesaid for use as a thickening substance for
cream or is described or referred to in any such mark or label in terms
likely to lead to its being so used, and no person shall on or in connection
with the sale of any article or in any advertisement circular
or notice relating thereto recommend it for use as a thickening substance
for cream or describe or refer to it in terms likely to lead to its being
so used
6.—(1) Any officer authorised by the Minister and any officer of the
Local Authority acting in the execution of these Regulations shall have
power to enter at all reasonable times any premises where articles to
which these Regulations apply are prepared, packed, labelled or stored.
(2) The officer may take samples of any such article or of any
substance used or capable of being used in the preparation of any such
article and of any labels designed to be affixed to any such article or
to any package or other receptacle containing such article, but shall if
so required make reasonable payment for any samples so taken.
(3) Where a sample is taken of an article to which these Regulations
apply, the Sale of Food and Drugs Act, 1875 to 1907, shall apply as if
the officer were an officer authorised to procure samples thereunder; and
where an analysis is required for the purposes of these Regulations, the
provisions of Section 14 of the Sale of Food and Drugs Act, 1875, as
amended by Section 13 of the Sale of Food and Drugs Act, 1899, shall
apply.
7. Where it appears to any authority or officer whose duty it is to
enforce these Regulations that an article has been sold within the
district of the authority contrary to the provisions of Article 4 or 5 of
these Regulations, the authority or officer may, instead of or in addition
to taking proceedings against the seller, take proceedings against any
previous seller of the article notwithstanding that the sale by such
previous seller took place outside the district of the authority, and for
the purpose of any such proceedings the sale by the previous seller shall
be deemed to have taken place within the district of the authority and
the proceedings may be taken either before a Court having jurisdiction
within that district or before a Court having jurisdiction in the place
where the sale actually took place.