No person shall be convicted—
| (a) |
on a charge of selling, manufacturing or importing or otherwise dealing with any foodstuff or cosmetic in contravention of any provision of this Act, if he proves that the foodstuff or cosmetic to which the charge relates was not sold for human consumption or use, or manufactured, imported or otherwise dealt with for sale for human consumption or use, as the case may be; |
| (b) |
on a charge of selling or importing any foodstuff, cosmetic or disinfectant in contravention of any provision of this Act, if he proves— |
| (i) |
that he or his employer or principal acquired or imported the article in question under a written warranty complying with the provisions of section 7 and furnished to him or to his employer or principal; and |
| (ii) |
that he at no relevant time had reason to suspect that the article in question was a prohibited article; and |
| (iii) |
in the case of a sale of the article in question, that he sold it in the condition in which he acquired or imported it or, if it was acquired or imported by his employer or principal, that he at no relevant time had reason to suspect that it was in any other condition than that in which it was so acquired or imported; |
| (c) |
on a charge of publishing a false or misleading advertisement of a foodstuff, cosmetic or disinfectant, if he proves that he is not a person selling the foodstuff, cosmetic or disinfectant to which the advertisement in question relates and that he did not know, and could not reasonably be expected to have known, that the said advertisement was in any respect false or misleading, unless it is proved that the accused failed, on demand by an inspector or a member of the South African Police, to furnish the name and address of the person at whose instance that advertisement was published. |
Protection of Businesses Act, 1978
