Section 170 — Liability of employees and agents

(1)Except as provided by subsection (2), it is no defence in proceedings for an offence under this Part that the person charged was, at the time of the commission of the offence, an employee or agent of another person.

(2)In any proceedings for an offence under this Part, it is a defence for the person charged to prove, on a balance of probabilities, that the person was under the personal supervision of —

(a)the proprietor of the food business in relation to which the offence was committed;

(b)the owner or person in charge of the premises, in relation to which the offence was committed; or

(c)another person representing that proprietor, owner or person in charge.