Defences available in proceedings under section 6

In proceedings for an offence under section 6 of this Act, it shall be a defence for the defendant to prove– (a) where some substance has been added to the food or drug in Question– (i) in the case of a food, that the substance is not, and its addition has not rendered the food, injurious to health or, in the case of a drug, that the addition has not 15 affected injuriously the quality or potency of the drug; and (ii) that the addition was not made fraudulently to increase the bulk, weight or measure, or conceal the inferior quality, of the food or drug; and (ii) either(A) that the addition was required for the production or preparation of the food or drug as an article of commerce in a state fit for carriage or consumption; or (B) that a satisfying the requirements of section 8 of this Act was attached to, or printed on the wrapper or container of, the article sold; (b) where some constituent has been abstracted from the food or drug in question– (i) that the abstraction has not rendered the food injurious to health or, as the case may be, affected injuriously the quality or potency of the drug, and was not made fraudulently to conceal the inferior quality of the food or drug; and (ii) either (A) that the abstraction was required for the production or preparation of the food or drug as an article of commerce in a state fit for carriage or consumption; or 16 (B) that a label satisfying the requirements of section 8 of this section was attached to, or printed on the wrapper or container of, the article sold; (c) where the food or drug in question is the subject of a patent in force, that it was supplied in the state required by the specification of the patent; (d) where the food or drug in question contains some extraneous matter, that the presence of that matter was an unavoidable consequence of the process of collection or preparation; (e) that the article supplied was a proprietary medicine and was supplied in response to a demand for that medicine; (f) where the proceedings are in respect of diluted whisky, brandy, rum or gin, that the spirit in question had been diluted with water only and that its strength was still not below the proof strength permitted by law to be sold for human consumption; Provided that, (a) none of the defences specified in paragraphs (a) to (d) of this section, shall be available in the case of any food which does not comply with any relevant contained in regulations made under this Act for prescribing the composition of, or prohibiting or restricting the addition of any substance to, food; and 17 (b) nothing in paragraph (f) of this section, shall affect the provisions of any law with respect to the dilution of spirits after computation of duty.