Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)9. Liability of importer, manufacturer or packer |
| (1) | The person who, according to the label of any foodstuff, cosmetic or disinfectant which is sold in a sealed package and which does not comply with the provisions of this Act, imported, manufactured or packed the article in question, shall be presumed to have imported, manufactured or packed, as the case may be, such article and may be convicted and sentenced accordingly unless he proves— |
| (a) | that he did not import, manufacture or pack, as the case may be, such article; or |
| (b) | that the non-compliance of such article with the provisions of this Act is due to deterioration or some other change which occurred after such article left his possession and over which he had no control. |
| (2) | The provisions of subsection (1) shall not be deemed to relieve any person from liability incurred by him in terms of this Act in respect of the sale of any article referred to in that subsection. |