§ Bill read 3a (according to Order) with the Amendments.
§ Clause 3 (Prohibition of the mixing of drugs with injurious ingredients, and of selling the same).
§ THE DUKE OF RICHMONDmoved, to omit ("knowingly") from Clauses 3 and 4.
§ Amendment agreed to.
§ THE DUKE OF RICHMONDmoved, after Clause 4, to insert the following clause:—
Provided that no person shall be liable to be convicted under either of the last two foregoing sections of this Act in respect of the sale of any article of food, or of any drug, if he shows to the satisfaction of the justice or court before whom he is charged that he did not know of the article of food or drug sold by him being so mixed, coloured, stained, or powdered as in either of those sections mentioned, and that he could not with reasonable diligence have obtained that knowledge.
§ Clause agreed to.
§ THE DUKE OF RICHMONDnext moved to omit Clause 5, and substitute the following:—
No person shall sell to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance, and quality of the article demanded by such purchaser, under a penalty not exceeding twenty pounds: provided that an offence shall not be deemed to be committed under this section in the following cases; that is to say,—(1.) Where any matter or ingredient not injurious to health has been added to the food or drug, because the same is required for the production or preparation thereof as an article of commerce, in a state fit for carriage or consumption, and not frauduently to increase the bulk, weight, or measure of the food or drug, or to conceal the inferior quality thereof.(2.) Where the drug or food named is a proprietary medicine, or is the subject of a patent in force, and it is supplied in the state required by the specification of the patent.(3.) Where the food or drug is compounded as in this Act mentioned.(4.) Where the food or drug is unavoidably mixed with some extraneous matter in the process of collection or preparation.
§ Amendment agreed to.
§ Clause struck out; new clause inserted, in lieu thereof.
§ Further Amendments made; Bill passed, and sent to the Commons.