Public Health (Food) Act · 2012 Revised Edition
11. Defence
Official textFrom Attorney General's Chambers, unchanged
It shall be a defence in a prosecution for an offence against this
Act if the defendant proves that —
he purchased the food or appliance sold by him in reliance on a warranty or other written statement as to its nature, signed by or on behalf of the person from whom he purchased it;
he had no reason to believe that the food or appliance did not conform to such warranty or other written statement; and
if the food or appliance had conformed to such warranty or other written statement, the sale of it by him would not have constituted the offence:
Provided that no warranty or other written statement made by a person resident or carrying on business outside Brunei Darussalam shall be a defence under this section unless the defendant proves that he took reasonable steps to ascertain, and did in fact believe in, the truth of such warranty or other written statement.
Any person who in respect of any food or appliance sold by him as principal or agent gives to the purchaser a false warranty in writing, is guilty of an offence and liable on conviction to a fine, imprisonment for one year or both, and for any subsequent offence to a fine, imprisonment for 3
food
“food” includes any substance manufactured, processed, sold or represented for use for human consumption, chewing substances, and any ingredient thereof;
years or both, unless he proves to the satisfaction of the court that when he
Public Health (Food)
gave the warranty he had reason to believe that the statements or descriptions contained therein were true.
Terms defined in s 2
appliance
Defined · s 2“appliance” includes the whole or any part of any utensil, machinery, instrument, apparatus or article used or intended for use in or for making, keeping, preparing or supplying any food;
food
Defined · s 2“food” includes any substance manufactured, processed, sold or represented for use for human consumption, chewing substances, and any ingredient thereof;