Section 100: (1) A person shall not advertise a food as a preventive or cure for a disease, disorder or an abnormal physical state.
(2) A person shall not advertise food unless the advertisement
has been approved by the Authority.
(3) A person commits an offence if that person sells or offers for sale a food that
(a) has in or on it a poisonous or harmful substance;
(b) is unwholesome or unfit for human or animal consump-
tion;
(c) consists in whole or in part of a filthy, putrid, rotten,
decomposed or diseased animal or vegetable substance;
(d) is adulterated;
(e) is injurious to health; or
(f) is not of the nature, substance, quality or prescribed
standards.
(4) For the purposes of subsection (3) food is adulterated if
(a) a constituent of the food has in whole or in part been omitted or abstracted,
(b) a damage to or the poor quality of the food has been concealed in any manner,
(c) a substance of the food has been substituted wholly or in part,
(d) a substance has been added to, or mixed or packed with, the food to increase its bulk or weight or reduce its quality or strength or to make it appear better or of greater value than it is;
(e) it contains an additive not expressly permitted by the national standards, the Codex or the Regulations; or is in excess of the quantity permitted;
(f) a constituent of the food exceeds the amount stated on the label or permitted in the Regulations;
(g) its nature, substance and quality has been affected to its detriment.
(5)A person shall not sell,prepare,package,convey,storeordisplay for sale food under insanitary conditions.
(6) Food shall be stored and conveyed in a manner that preserves its safety, composition, quality and purity and minimizes the dissipation of its nutritive properties from climatic and any other deteriorating conditions.
(7) A person shall not
(a) sell, or offer or expose for sale, or have in possession for sale,
or
(b) deposit with or consign to a person for the purpose of sale,
a food intended for but unfit for human or animal consumption.
(8) Where an offence is committed by a person under subsection 7 (a) that person as well as a person who instructed that person commit an offence.
(9) Where a person is charged with an offence under subsection 7 (b), it is a defence for that person to prove that
(a) notice was given to the person to whom the food was sold, deposited or consigned;
(b) the food in question was not intended for human or animal consumption; or
(c) at the time when the person delivered or dispatched the food to that person,
(i) it was fit for human or animal consumption, or
(ii) that person did not know or could not with reason- able diligence have ascertained that the food was
unfit for human or animal consumption.
Subject : Registration of food (food and drugs)