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Food Act 1984

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103Offences as to warranties and analysis certificates

(1)A defendant who in any proceedings under this Act wilfully applies to any article or substance a warranty or certificate of analysis given in relation to any other article or substance is guilty of an offence.

(2)A person who—

(a)sells an article or substance in respect of which a warranty might be pleaded under section 102, and

(b)gives to the purchaser a false warranty in writing in respect of that article or substance,

is guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statements or description contained in it were accurate.

(3)Where the defendant in a prosecution under this Act relies successfully on a warranty given to him or to his employer, any proceedings under subsection (2) in respect of the warranty may at the prosecutor's option be taken either—

(a)before a court having jurisdiction in the place where a sample of the article or substance to which the warranty relates was procured; or

(b)before a court having jurisdiction in the place where the warranty was given.

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