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The Food (Northern Ireland) Order 1989

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Offences in relation to warranties and certificates of analysis

59.—(1) A defendant who in any prosecution under this Order or any regulations made under it wilfully applies to any article or substance a warranty or certificate of analysis given in relation to any other article or substance shall be guilty of an offence.

(2) A person who, in respect of any article or substance sold by him, being an article or substance in respect of which a warranty might be pleaded under Article 58, gives to the purchaser a false warranty in writing, shall be guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statements or descriptions contained in the warranty were accurate.

(3) Where the defendant in a prosecution under this Order or any regulations made under it relies successfully on a warranty given to him or to his employer, any prosecution under paragraph (2) in respect of the warranty may be brought either—

(a)before a court having jurisdiction in the place where a sample of the article or substance to which the warranty relates was procured, or

(b)before a court having jurisdiction in the place where the warranty was given.

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