The Agriculture Act 1970 Amendment Regulations 1982

Amendment of section 73

6.—(1) At the end of section 73(1) there shall be added the words “or deleterious to pet animals or, through the consumption of products of an animal fed with the material, deleterious to human beings.”.

(2) For subsection (2) of section 73 there shall be substituted the following subsections—

“(2) If in proceedings for an offence under subsection (1) of this section the person charged proves that he sold the material in question or, in a case under paragraph (b) of that subsection that he intended to sell it, as suitable only for animals of a specified kind, then—

(a) in the case of proceedings for an offence of selling, or having for sale, material which is deleterious to animals he shall not be convicted by reason of the fact that a sampled portion of the material contains an ingredient which is deleterious only to animals of a kind different from that specified;

(b) in the case of proceedings for an offence of selling, or having for sale, material which is deleterious to human beings, he shall not be convicted by reason of the fact that a sampled portion of the material contains an ingredient which is deleterious to human beings only if fed to animals of a kind different from that specified; and

(2A) If in proceedings for an offence under subsection (1) of this section the person charged proves that he sold the material in question or, in a case under paragraph (b) of that subsection that he intended to sell it, for use in accordance with written instructions given by him to the purchaser he shall not be convicted by reason of the fact that the sampled portion of the material contains an ingredient which is deleterious only if used otherwise than in accordance with those instructions.”.