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Part 6The environment

Aerosol paints

54Sale of aerosol paint to children

(1)A person commits an offence if he sells an aerosol paint container to a person under the age of sixteen.

(2)In subsection (1) “aerosol paint container” means a device which—

(a)contains paint stored under pressure, and

(b)is designed to permit the release of the paint as a spray.

(3)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4)It is a defence for a person charged with an offence under this section in respect of a sale to prove that—

(a)he took all reasonable steps to determine the purchaser’s age, and

(b)he reasonably believed that the purchaser was not under the age of sixteen.

(5)It is a defence for a person charged with an offence under this section in respect of a sale effected by another person to prove that he (the defendant) took all reasonable steps to avoid the commission of an offence under this section.