Presumptions
102 Presumptions
In any proceedings for an offence under this Act or the regulations, it is presumed until, on the balance of probabilities, the contrary is proved that—
any substance or thing capable of being used as food that was sold or prepared for sale or conveyed or intended for sale was sold, prepared, conveyed or intended for sale for human consumption; and
any substance or thing capable of being used as food is not for human consumption if it is prominently marked as not being for human consumption, or with words to that effect; and
food that is part of a batch, lot or consignment of food of the same class or description is representative of all of the food in that batch, lot or consignment; and
each part of a sample of food divided for the purpose of analysis under this Act is of uniform composition with every other part of that sample;
and
a person who sold food in the conduct of a food business and was not the proprietor of the food business sold the food as the agent of the proprietor; and
a person who appears from any statement on a package containing food for sale to have imported, manufactured, packed or prepared the food is the importer, manufacturer, packager or preparer of the food, as the case may be; and
food that has been sold to a consumer has been sold at some time by any person who respectively imported, manufactured, prepared or packed the food; and
a signature purporting to be that of the head of the relevant authority or other officer of the authority, an authorised officer or the person in charge of an approved laboratory is that signature.
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