Agriculture Act 1970

73 Deleterious ingredients in feeding stuff

(1) Subject to the provisions of this section, any person who—

(a) sells any material for use as a feeding stuff; or

(b) has on his premises for the purpose of selling it in the course of trade for such use any material which is ready for sale,

shall be guilty of an offence if a sampled portion of the material is shown by an analysis of the sample taken from it to contain any ingredient which is deleterious to animals of any description prescribed for the purpose of the definition of " feeding stuff " in section 66(1) of this Act.

(2) If in proceedings for an offence under subsection (1) of this section, the person charged proves that he sold the material in question, or, in a case under paragraph (b) of that subsection, that he intended to sell it—

(a) as suitable only for animals of a particular description ; or

(b) for use in accordance with written instructions given by him to the purchaser,

he shall not be convicted by reason of the fact that the sampled portion of the material contains an ingredient which is deleterious only to other animals or, as the case may be, only if used otherwise than in accordance with those instructions.

(3) For the purposes of this section it shall be presumed, until the contrary is proved—

(a) that any substance prescribed for the purposes of this subsection, or

(b) in such cases as may be so prescribed, that any substance so prescribed if present in a sampled portion of any material to an amount exceeding such quantity as may be so prescribed,

is an ingredient which is deleterious to animals of any such description as aforesaid in relation to which that substance is so prescribed.

(4) A person guilty of an offence under subsection (1) of this section shall be liable on summary conviction to a fine not exceeding £400 or, on a second or subsequent conviction under that subsection, to a fine not exceeding £400 or imprisonment for a term not exceeding three months or both.