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Contents (2003 - 43)
Food Act 2003 No 43
Current version for 7 July 2017 to date (accessed 20 October 2017 at 07:12)
Part 10 Section 127
127   Presumptions
In any proceedings for an offence under this Act or the regulations, it is presumed until, on the balance of probabilities, the contrary is proved that:
(a)  any substance or thing capable of being used as food that was sold or prepared for sale or conveyed or intended for sale was sold, prepared, conveyed or intended for sale for human consumption, and
(b)  any substance or thing capable of being used as food is not for human consumption if it is prominently marked as not being for human consumption, or with words to that effect, and
(c)  food that is part of a batch, lot or consignment of food of the same class or description is representative of all of the food in that batch, lot or consignment, and
(d)  each part of a sample of food divided for the purpose of analysis under this Act is of uniform composition with every other part of that sample, and
(e)  a person who sold food in the conduct of a food business and was not the proprietor of the food business sold the food as the agent of the proprietor, and
(f)  a person who appears from any statement on a package containing food for sale to have imported, manufactured, packed or prepared the food is the importer, manufacturer, packager or preparer of the food, as the case may be, and
(g)  food that has been sold to a consumer has been sold at some time by any person who respectively imported, manufactured, prepared or packed the food, and
(h)  a signature purporting to be that of the Food Authority, an authorised officer, the person in charge of an approved laboratory or an approved analyst is that signature.