Power of Minister to require particulars relating to the composition, use and effects of substances used in food, drugs or cosmetics
(1) For the purpose of enabling him or her to exercise his or her functions under this Act the Minister may, by Order, require every person who, at the date of the Order or at any subsequent time, carries on a business which includes the production, importation or use of a substance of any class specified in the Order, to furnish to an analyst, within such time as may be so specified, such particulars as may be so specified of the composition and use of such substances which in the course of that business are used, or sold for use, in the preparation of food, drugs or cosmetics.
(2) Without prejudice to the generality of subsection (1), an Order made thereunder may require the following particulars to be furnished in respect of a substance, that is to say—
- particulars of the composition and chemical formula of the substance;
- particulars of the manner in which the substance is used or proposed to be used in the preparation of food, drugs or cosmetics;
- particulars of any investigations carried out by or to the knowledge of the person carrying on the business in question, for the purpose of determining whether and to what extent the substance, or any product formed when the substance is used as aforesaid, is injurious to, or in any other way affects, health;
- particulars of any investigations or inquiries carried out by or to the knowledge of the person carrying on the business in question, for the purpose of determining the cumulative effect on the health of a person consuming the substance in ordinary quantities.
(3) Any person who, without the previous consent in writing of the person carrying on the business in question, discloses particulars furnished in accordance with an Order under this section or information relating to an individual business obtained by means of such particulars, except—
- in accordance with directions of the Minister so far as may be necessary for the purpose of this Act; or
- for the purposes of proceedings for an offence under this Act or of a report of such proceedings, is guilty of an offence.
Offence to sell harmful, unfit, adulterated or insanitary food
A person who sells an article of food which—
- has in or upon it any poisonous or harmful substance in excess of the specified limits;
- is unfit for human consumption;
- consists in whole or in part of any filthy, putrid, rotten, decomposed or diseased animal or vegetable substance;
is adulterated; or
- was manufactured, prepared, preserved, packaged or stored under insanitary conditions, is guilty of an offence.
Offences in connection with description of food
(1) A person who labels, packages, treats, processes, sells or advertises food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety, is guilty of an offence.
(2) An article of food that is not labelled or packaged as required by regulations made under this Act, or is labelled or packaged contrary to such regulations, shall be deemed to be labelled or packaged contrary to subsection (1).
Maintenance of food standards
Where a standard has been prescribed for a food, a person who labels, packages, sells or advertises any article in such a manner that it is likely to be mistaken for such food is, unless the article complies with the prescribed standard, guilty of an offence.
Food prepared, etc., under insanitary conditions
A person who manufactures, prepares, preserves, packages, or stores for sale any food under insanitary conditions is guilty of an offence.
Food & Drugs act can be referred for details at the Laws of Grenada website.