Malaysia legislation
Section 27
Section 27
Defence of reliance on written warranty or statement
(a)
the accused purchased the food sold by him in reliance on a written warranty or other written statement as to the nature of the food, given or made by or on behalf of the person from whom he purchased it; and
(b)
the accused had no reason to believe that the food sold did not conform to such warranty or statement; and
(c)
if the food had conformed to such warranty or statement, it would not have been contaminated food.
(2)
No such warranty or statement given or made by a person resident outside Malaysia shall be a defence under subsection (1)
unless the accused proves that he had taken reasonable steps to ascertain, and did in fact believe in, the truth of the matters set forth in the warranty or statement.
(3)
No such warranty or statement shall be a defence under subsection (1) unless the accused has, within ten days after service of the summons on him—
Laws of Malaysia ACT 149
32
(a)
delivered to the prosecutor a copy of the warranty or statement and a written notice stating that he intends to rely thereon and specifying the name and address of the person who gave or made it; and
(b)
sent by registered post to the person a like notice of his intention.
(4)
If the accused is a servant or agent of the person who purchased the food in reliance on such warranty or statement, he shall be entitled to the benefit of subsection (1) in the same manner and to the same extent as his employer or principal would have been if he had been the accused, if the accused further proves that he had no reason to believe that the food did not conform to the warranty or statement.
(5)
A person who, in respect of any food sold by him as principal or agent, gives or makes to the purchaser a false written warranty or other written statement as to the nature of the food commits an offence and is liable, on a first conviction, to a fine of ten thousand ringgit and, on a second or subsequent conviction, to a fine of twenty thousand ringgit, unless he proves that when he gave or made the warranty or statement he had reason to believe that the matters contained therein were true.