Part 6The environment
Aerosol paints
I154Sale 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.