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12. Offences
against public health and safety
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Article 93-Offences
involving the tampering/alteration of food, drugs and beverages
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| 93.1 |
Food, drugs and beverages |
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Food, drugs and beverages are any and all substances consumed by Men and Women and/or living animals in the normal course of their diet, lifestyle, nutrition and/or well being. |
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| 93.2 |
Unlawful use of steroids, additives, preservatives and/or genetically modified substances |
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Unlawful use of steroids, additives, preservatives and/or genetically modified substances is when any steroid (hormone) materials, additives, preservatives and/or genetically modified substances are unlawfully included in any part of the manufacture process. |
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Primary Fact(s) |
| 1. That laws and regulations exist regarding the unlawful use of steroids, additives, preservatives and/or genetically modified substances; and |
| 2. That at a time and place, the accused was found to have breached such standards; and |
| 3. That the accused had previously been warned/fined regarding the breach of such standards; and |
| 4. That the actions of the accused were done with the knowledge that their actions were unlawful. |
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Penalty Conditions (Level 2-Crime) |
Type |
Condition(s) |
1-3 |
a) owner/officer of a company in the unlawful use of additives/preservatives substances in under 100 Kg of food/beverages; |
4-6 |
a) owner/officer of a company in the unlawful use of additives/preservatives substances in over 100 Kg and under 1,000 Kg of food/beverages; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) owner/officer of a company in the unlawful use of steroid/genetically modified substances in under 100 Kg of food/beverages;
b) owner/officer of a company in the unlawful use of additives/preservatives substances in over 1,000 Kg and under 100,000 Kg of food/beverages; |
4-6 |
a) owner/officer of a company in the unlawful use of steroid/genetically modified substances in over 100 Kg and under 1,000 Kg of food/beverages;
b) owner/officer of a company in the unlawful use of additives/preservatives substances in over 100,000 Kg of food/beverages; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) owner/officer of a company in the unlawful use of steroid/genetically modified substances in over 1,000 Kg and under 100,000 Kg of food/beverages; |
4-6 |
a) owner/officer of a company in the unlawful use of steroid/genetically modified substances in over 100,000 Kg of food/beverages; |
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| 93.3 |
Unlawful inclusion of dangerous/debilitating substances |
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Unlawful inclusion of dangerous/debilitating substances is when any dangerous and or potentially debilitating substances is included either during any part of the manufacturing process and packaging, or after by tampering with the finished product, without lawful excuse. |
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Primary Fact(s) |
| 1. That at a time and place a dangerous/debilitating substance was included into a food/beverage product, without lawful excuse; and |
| 2. Upon purchase and/or consumption, the victim was not immediately aware of the existence of the dangerous/debilitating substance; and |
| 3. That the actions of the accused contributed to the existence of the dangerous/debilitating substance in the victims food/beverage; and |
| 4. That the actions of the accused were done with the knowledge and intent that such dangerous/debilitating substances could cause temporary injury, cause death or grievous harm. |
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Penalty Conditions (Level 2-Crime) |
Type |
Condition(s) |
1-3 |
a) inclusion of non-lethal, non-poisonous but offensive material in the food/beverage of a man or woman over the age of 18 years; |
4-6 |
a) inclusion of non-lethal, non-poisonous but offensive material in the food/beverage of a man or woman under the age of 18 years; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) inclusion of a sedative drug in the food/beverage of a man or woman over the age of 18 years without their permission;
b) inclusion of a potentially harmful, but non-lethal poison in the food/beverage of a man or woman; |
4-6 |
a) inclusion of a sedative drug in the food/beverage of a man or woman under the age of 18 years without their permission; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) inclusion of a sedative drug in the food/beverage of a man or woman under the age of 14 years without their permission;
b) inclusion of non-poisonous but dangerous and potentially lethal material in the food/beverage of a man or woman |
4-6 |
a) inclusion of a potentially lethal poison in the food/beverage of a man or woman; |
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