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Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)

22. Proof of facts, and presumptions

 

In any prosecution under this Act —

(a) a copy of or extract from a book, statement or other document, made by an inspector under section 11(1)(d) and certified by him to be true and correct, shall unless the contrary is proved, be presumed to be a true and correct copy of or extract from the relevant book, statement or other document, and shall on its production in court be prima facie proof of any entry to which it relates;
(b) a certificate or report on the analysis or examination of a sample and purporting to be signed by an analyst, shall on its production in court be prima facie proof of the facts stated in it;
(c) any quantity of a foodstuff, cosmetic or disinfectant in or upon any premises at the time a sample of it is obtained by an inspector for the purposes of this Act, shall, unless the contrary is proved, be presumed to be in the same condition or possess the same properties as such sample;
(d) a sample of a foodstuff, cosmetic or disinfectant obtained by an inspector for analysis or examination in terms of this Act, shall be presumed to have been sold to him by the person selling the foodstuff, cosmetic or disinfectant of which it is a sample;
(e) if it is proved that any person has manufactured, treated or imported any foodstuff, cosmetic or disinfectant, it shall be presumed, unless the contrary is proved, that he manufactured, treated or imported the article in question for purposes of sale;
(f) any appliance, product, material, substance or other object found in or upon any premises where any foodstuff, cosmetic or disinfectant is manufactured, treated, packed, labelled, stored or conveyed or where any foodstuff or cosmetic is served or administered, shall, unless the contrary is proved, be presumed to be used for, in or in connection with the manufacture, treatment, packing, labelling, storage or conveyance of such foodstuff, cosmetic or disinfectant or the serving or administering of such foodstuff or cosmetic, as the case may be;
(g) any person who sells, manufactures or imports any foodstuff, cosmetic or disinfectant which contains any other foodstuff, cosmetic or disinfectant or in or on which any other foodstuff, cosmetic or disinfectant is present, shall be presumed to sell, manufacture or import, as the case may be, such other foodstuff, cosmetic or disinfectant.