s 40 Sale of prohibited food contact article
40.—(1) The Minister may, by notification in the Gazette, prohibit the import, advertising or sale of any food contact article which is, in the opinion of the Minister, injurious to life or health.[48/2017] (2) A person must not import, advertise or sell any food contact article in contravention of any notification mentioned in subsection (1).[48/2017] (3) Any person who contravenes subsection (2) shall be guilty of an offence. (4) Without affecting section 32, in any proceedings for an offence under subsection (3) in relation to the publication of an advertisement in contravention of subsection (2), it is a defence to the charge for the accused to prove, on a balance of probabilities —(a) that —(i) the accused was acting in the course of a business of delivering, transmitting or broadcasting communications (in whatever form or by whatever means) or making data available; and (ii) the nature of the business is such that persons undertaking it have no control over the nature or content of the communications or data; or (b) that the accused —(i) carried on the business of publishing or arranging for the publication of advertisements; and (ii) published or arranged for the publication of the advertisement in question in the ordinary course of that business.[48/2017] (5) However, subsection (4) does not apply if the accused concerned —(a) ought reasonably to have known that the publication of the advertisement was an offence under subsection (3); or (b) had previously been informed in writing by or on behalf of the Director‑General that publication of such an advertisement would constitute an offence under subsection (3).[48/2017; 11/2019]