Section 13: Warranty pleaded as a defence

13. Warranty pleaded as a defence (1) It shall be a defence in any proceedings against any person prosecuted for an offence under section 12 for the person to prove that— (a) he purchased the food sold by him in reliance on a written warranty or other written statement as to the nature of the food purchased, signed by or on behalf of the person from whom the defendant purchased the food; (b) he had no reason to believe that the food did not conform to the written warranty or statements; and (c) the food was, at the time of the alleged commission of the offence, in the same state as when he purchased it. (2) No written warranty or other written statement shall be a defence in any proceedings for an offence under section 12 unless— (a) the defendant has, within 7 days of the service of the summons on him delivered a copy of— (i) the warranty or written statement to the Permanent Secretary, with a notice stating that he intends to rely on it, and specifying the name and address of the person from whom he received it; and F18 – 9 [Issue 1] Food Act (ii) sent a similar notice of his intention to that person if that person resides in Mauritius; (b) in the case of a warranty or written statement given by a person outside Mauritius, the defendant proves that he had taken reasonable steps to ascertain, and did in fact believe in, the truth of the matters specified in the warranty or written statement. (3) Where the defendant is an agent of a person who purchased the food under the warranty or written statement, he shall be entitled to the benefit of this section in the same manner and to the same extent as his employer would have been, had he been the defendant. (4) For the purpose of this section and section 15, a statement or description accompanying and referring to the nature, quality and composition of the food, shall be deemed to be a written warranty to the effect that the food or its sale complies with the requirements of this Act or any regulations made under this Act.