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The Food (Northern Ireland) Order 1989

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Labels and advertisements describing food incorrectly

8.—(1) A person who gives with any food sold by him, or displays with any food exposed by him for sale, a label, whether attached to or printed on the wrapper or container or not, which—

(a)falsely describes that food; or

(b)is calculated to mislead as to its nature, substance or quality;

shall be guilty of an offence, unless he proves that he did not know, and could not with reasonable diligence have ascertained, that the label was of such a character as mentioned above.

(2) Subject to paragraph (4), a person who publishes, or is a party to the publication of, an advertisement (not being such a label so given or displayed by him as described in paragraph (1)) which—

(a)falsely describes any food; or

(b)is calculated to mislead as to its nature, substance or quality;

shall be guilty of an offence; and in any prosecution under this paragraph against the manufacturer or producer of the food, it shall rest on the accused to prove that he did not publish, and was not a party to the publication of, the advertisement.

(3) For the purposes of this Article, a label or advertisement which is calculated to mislead as to the nutritional or dietary value of any food is calculated to mislead as to the quality of the food.

(4) In any prosecution under paragraph (2) it shall be a defence for the accused to prove either—

(a)that he did not know, and could not with reasonable diligence have ascertained, that the advertisement was of such a character as is described in that paragraph; or

(b)that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he received the advertisement for publication in the ordinary course of business and did not himself make, or cause to be made, any material alteration in the substance of that advertisement.

(5) In any prosecution for an offence under this Article the fact that a label or advertisement in respect of which the offence is alleged to have been committed contained an accurate statement of the composition of the food shall not preclude the court from finding that the offence was committed.

(6) In this Article references to sale shall be construed as references to sale for human consumption.

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