§ 221 — Defence to offence of unregistered plant pesticide use

221.—(1) In proceedings for an offence under section 215(1) or 216(1), it is a defence for the person charged to prove, on a balance of probabilities, that —(a)

the person did not cultivate the edible plant as food, or for the purpose of supplying it as food;

(b)

the person had, in the course of supplying or offering or exposing for supply by retail, any edible plant, displayed or caused to be displayed, conspicuously within the premises or place where the plant was supplied or offered or exposed for supply, such number of warning notices stating that the edible plant is not cultivated or supplied as food as will give any customer in the premises or place adequate notice of that fact;

(c)

the person cultivated the edible plant in the course of, or for the purpose of, that plant being exported; or

(d)

a contract or arrangement has been entered into, or an understanding has been arrived at, for the edible plant to be exported, whether or not the person charged is a party to that contract, arrangement or understanding.

(2) To avoid doubt, this section does not affect section 26H(4) of the Penal Code 1871 or any other exception in Chapter 4 of that Code.

—(1) In proceedings for an offence under section 215(1) or 216(1), it is a defence for the person charged to prove, on a balance of probabilities, that —(a)

the person did not cultivate the edible plant as food, or for the purpose of supplying it as food;

(b)

the person had, in the course of supplying or offering or exposing for supply by retail, any edible plant, displayed or caused to be displayed, conspicuously within the premises or place where the plant was supplied or offered or exposed for supply, such number of warning notices stating that the edible plant is not cultivated or supplied as food as will give any customer in the premises or place adequate notice of that fact;

(c)

the person cultivated the edible plant in the course of, or for the purpose of, that plant being exported; or

(d)

a contract or arrangement has been entered into, or an understanding has been arrived at, for the edible plant to be exported, whether or not the person charged is a party to that contract, arrangement or understanding.

(2) To avoid doubt, this section does not affect section 26H(4) of the Penal Code 1871 or any other exception in Chapter 4 of that Code.