76Presumptions

76 Presumptions

In any proceedings for an offence under this Act, it is presumed, until on the balance of probabilities the contrary is proved, that –

(a) a person supplies primary produce if he or she supplies anything of which primary produce is a constituent; and

(b) any primary produce that was supplied and that was capable of being used as food, either immediately at the time of supply or at a later time, with or without any further transformation or processing of the produce, was primary produce supplied for human consumption; and

(c) any primary produce 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

(d) primary produce that is part of a batch, lot or consignment of primary produce of the same class or description is representative of all the primary produce in that batch, lot or consignment; and

(e) each part of a sample of primary produce divided for the purpose of analysis under this Act is of uniform composition with every other part of that sample; and

(f) a person who supplied primary produce in the conduct of a primary produce business and who was not the proprietor of the primary produce business or the accredited producer with respect to the primary produce business, supplied the primary produce as the agent of the proprietor or accredited producer; and

(g) any primary produce found in any premises or vehicle used in connection with any primary production activity is intended –

(i) to be used in the primary production activity; and

(ii) for human consumption; and

(h) a person who appears from any statement on a package containing primary produce to have imported, produced, packed, prepared or conveyed the primary produce is the importer, producer, packager, preparer or conveyer of the primary produce, as the case may be; and

(i) a signature purporting to be that of the Chief Inspector or an authorised officer is that signature.