§ 166 — Defence of relying on warranty, etc.

166.—(1) In a prosecution of a person for an offence under section 146, 147, 150, 151, 162 or 163 involving a food or a food contact article, it is a defence for the person charged to prove, on a balance of probabilities, that —

(a)

the person charged bought the food or food contact article from another person (P) in reliance on a written statement as to the nature of the food or a food contact article that was given by or on behalf of P;

(b)

the supply of the food or food contact article would not have constituted the offence with which the person charged is charged if the food or food contact article (as the case may be) had in fact conformed to the written statement;

(c)

when the person charged supplied the food or food contact article, it was in the same condition as it was when the person charged bought it; and

(d)

at the time of the commission of the offence —(i)

a reasonable person would have had no reason to suspect that the food or food contact article (as the case may be) did not conform to the written statement; and

(ii)

the person charged had no reason to believe the written statement to be inaccurate and the person charged did in fact believe in its accuracy.

(2) Without limiting subsection (1), in a prosecution of a person for an offence under section 146, 147, 150 or 151 involving a food, it is a defence for the person charged to prove, on a balance of probabilities, that —

(a)

the person charged bought the food in a package and supplied it in the same package and in the same condition as it was in when the person charged bought it; and

(b)

the person charged could not reasonably have found out that supplying the food would constitute the offence with which the person is charged.

(3) The defence under subsection (1) is only available if the person charged, not later than 14 clear days before the date of the hearing —

(a)

gives the prosecution written notice of the intention of the person charged to rely on the written statement together with a copy of the written statement; and

(b)

gives a copy of the written notice in paragraph (a) to P and informs P that the person charged intends to rely on the written statement.

(4) P (the person by whom the written statement is alleged to have been given by or on behalf of) is entitled to appear at the hearing and to give evidence.

—(1) In a prosecution of a person for an offence under section 146, 147, 150, 151, 162 or 163 involving a food or a food contact article, it is a defence for the person charged to prove, on a balance of probabilities, that —

(a)

the person charged bought the food or food contact article from another person (P) in reliance on a written statement as to the nature of the food or a food contact article that was given by or on behalf of P;

(b)

the supply of the food or food contact article would not have constituted the offence with which the person charged is charged if the food or food contact article (as the case may be) had in fact conformed to the written statement;

(c)

when the person charged supplied the food or food contact article, it was in the same condition as it was when the person charged bought it; and

(d)

at the time of the commission of the offence —(i)

a reasonable person would have had no reason to suspect that the food or food contact article (as the case may be) did not conform to the written statement; and

(ii)

the person charged had no reason to believe the written statement to be inaccurate and the person charged did in fact believe in its accuracy.

(2) Without limiting subsection (1), in a prosecution of a person for an offence under section 146, 147, 150 or 151 involving a food, it is a defence for the person charged to prove, on a balance of probabilities, that —

(a)

the person charged bought the food in a package and supplied it in the same package and in the same condition as it was in when the person charged bought it; and

(b)

the person charged could not reasonably have found out that supplying the food would constitute the offence with which the person is charged.

(3) The defence under subsection (1) is only available if the person charged, not later than 14 clear days before the date of the hearing —

(a)

gives the prosecution written notice of the intention of the person charged to rely on the written statement together with a copy of the written statement; and

(b)

gives a copy of the written notice in paragraph (a) to P and informs P that the person charged intends to rely on the written statement.

(4) P (the person by whom the written statement is alleged to have been given by or on behalf of) is entitled to appear at the hearing and to give evidence.