Protection of Businesses Act, 1978
R 385
Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)2. Prohibition of sale, manufacture or importation of certain articles |
| (1) | Subject to the provisions of subsection (2) and section 6, any person shall be guilty of an offence— |
| (a) | if he sells, or manufactures or imports for sale, any foodstuff, cosmetic or disinfectant — |
| (i) | which contains or has been treated with a prohibited substance; or |
| (ii) | which contains a particular substance in a greater measure than that permitted by regulation or has been treated with a substance containing a particular substance in a greater measure than that permitted by regulation; or |
| (iii) | which does not comply with any standard of composition, strength, purity or quality prescribed by regulation for or in respect of it or any standard so prescribed for or in respect of any of its other attributes; or |
| (iv) | the sale of which is prohibited by regulation; or |
| (b) | if he sells, or manufactures or imports for sale, any foodstuff or cosmetic— |
| (i) | which is contaminated, impure or decayed, or is, or is in terms of any regulation deemed to be, harmful or injurious to human health; or |
| (ii) | which contains or has been treated with a contaminated, impure or decayed substance or a substance which is, or is in terms of any regulation deemed to be, harmful or injurious to human health; or |
| (c) | if he sells, or manufactures or imports for sale, any foodstuff— |
| (i) | which contains or has been treated with a substance not present in any such foodstuff when it is in a normal, pure and sound condition; or |
| (ii) | to which any substance has been added so as to increase the mass or volume of such foodstuff with the object to deceive; or |
| (iii) | from which any substance or ingredient has been abstracted, removed or omitted with the result that its nutritive value or other properties, in comparison with those of such a foodstuff in a normal, pure and sound condition, are diminished or otherwise detrimentally affected; or |
| (iv) | which has been treated in such manner that its damaged or unsound condition or inferior quality is concealed whether entirely or partly. |
| (2) | The provisions of subsection (1) (c) shall not apply with reference to the sale, manufacture or importation of a foodstuff— |
| (a) | which contains or has been treated with a substance which is not harmful or injurious to human health and the addition or presence of which is necessary for the manufacture of such foodstuff as an article of commerce in a fit condition or form to be packed, stored, conveyed, used or consumed, and is not intended to deceive or mislead any buyer by increasing the mass or volume or concealing or lowering the quality of such foodstuff; or |
| (b) | which contains, but in no greater measure than that permitted by regulation (if any), a foreign substance which is unavoidably present in such foodstuffs as a result of the process of its collection or manufacture; or |
| (c) | from which a substance has been abstracted or removed, if such abstraction or removal is necessary for the manufacture of such foodstuff as an article of commerce in a fit condition or form to be packed, stored, conveyed, used or consumed, or has been effected in accordance with the provisions of the regulations. |
| (3) | For the purposes of subsection (1), "manufactures" includes to treat any foodstuff, cosmetic or disinfectant in a manner which, or with a substance the presence of which, renders such foodstuff, cosmetic or disinfectant a prohibited article in terms of that subsection, and to add any substance to, or abstract, remove or omit any substance or ingredient from, any foodstuff, cosmetic or disinfectant with the result that such foodstuff, cosmetic or disinfectant becomes a prohibited article in terms of that subsection. |
