HC Deb 18 October 1968 vol 770 cc797-8

Lords Amendment No. 72: In page 37, line 8, leave out from "36" to "it" in line 9.

Mr. Mackie

I beg to move, That this House doth agree with the Lords in the said Amendment.

Mr. Deputy Speaker

With this we are to take Lords Amendments Nos. 73 and 74.

Mr. Mackie

The special defence in Clause 40(3) in proceedings for a contravention of the Clause relating to medicated animal feedingstuffs dealt with the case where the person concerned was not the holder of a product licence or animal test certificate and the act constituting the contravention was done to the order of someone else.

These Amendments make the defence apply where the person concerned had reasonable grounds for believing that some other person, not necessarily only the person to whose order the act was done, held the licence and that the substance or article to which the contravention relates was incorporated in the feedstuff in accordance with the licence or certificate.

This extension would be relevant, for example, in the case when the manufacturers of the medicinal additive held the product licence and some other person who proposed to market a feed containing the additive requested a compounder to mix it for him in accordance with the provisions of the licence held by the manufacturer.

Question put and agreed to.

Subsequent Lords Amendments agreed to.

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