6 Penalty for defacement of marks.

If any person in the course of a trade or business sells, or offers or exposes for sale, any fireworks and a name or address put on them in pursuance of section five of this Act has been removed, obliterated or altered, he shall on summary conviction be liable to a fine not exceeding F1level 2 on the standard scale:

Provided that it shall be a defence—

a

to prove that the removal, obliteration or alteration was such as the defendant could not have reasonably been expected to observe; or

b

in the case of fireworks which at the time of the alleged offence were in a container, to prove that the container had not been opened since it came into the possession of the defendant; or

c

to prove that the removal, obliteration or alteration was not carried out for the purpose of concealing the identity of the maker, or, as the case may be, of the importer, of the fireworks.