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PART III - WARRANTY AND PRE-MARKET APPROVAL PERMIT

By Lois Hart,2014-03-08 16:14
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PART III - WARRANTY AND PRE-MARKET APPROVAL PERMIT

    PART III - WARRANTY AND PRE-MARKET APPROVAL PERMIT

20. Food requiring written warranty

    The food in respect of which a manufacturer or dealer or distributor, is required to give a written

    warranty or other written statement under Section 12 of the Food Act 1998 when selling such food

    to a vendor shall be those specified in the Second Schedule.

21. Selling food not of the nature demanded

    No person shall sell to the prejudice of a purchaser any food which is not of the nature or

    substance or quality demanded by the purchaser.

22. Provision as to false and misleading advertisement

    No person shall publish or shall be party to the publication of any advertisement which falsely

    describes any food or which is likely to mislead as to the nature or substance or quality of the food

    unless he proves that he did not know and could not with reasonable diligence have ascertained

    that the publication was of such a character.

23. Application for pre-market approval of food, food container or food

    appliance

    (a) No person shall import or manufacture any food, pre-packed food, appliance or container or

    contact material intended to be used for the preparation of any food, listed in the Third Schedule,

    unless he has obtained a pre-market approval permit issued by the Permanent Secretary.

    (b) An application for a pre-market approval permit shall be in the form specified in the Fourth

    Schedule.

    (c) A person who applies for a pre-market approval permit, shall upon request, furnish to the

    Permanent Secretary any information or sample, as may be necessary, for investigations or

    analysis.

     (d) Any person who has imported or manufactured any food or pre-packed food, appliance,

    container or contact material listed in the Third Schedule before the commencement of

    these regulations shall, after the commencement of these regulations, obtain the required

    pre-market approval permit.

24. Criteria for granting a pre-market approval permit.

     (1) The Permanent Secretary may, in deciding whether to grant or refuse an application for a

    pre-market approval permit, consider among other factors whether the food, pre-packed

    food, appliance, container or contact material, subject matter of the application is -

    (a) violating any regulation made under the Food Act;

    (b) restricted for sale in Mauritius;

    (c) misbranded;

    (d) improperly labelled; or

    (e) likely to be hazardous to public health.

    (2) The Permanent Secretary may stipulate such conditions as he deems fit in a

    pre-market approval permit.

    25. Revocation of pre-market approval permit

    The Permanent Secretary may revoke any pre-market approval permit if he is satisfied that -

     (a) the product which is being imported or manufactured by the permit holder is not of the

    same standard as the product in relation to which the pre-market approval permit was

    originally granted;

    (b) the holder of the permit has failed to comply with any conditions stipulated in the permit;

    or

    (c) the food, pre-packed food, appliance, container or contact material does not comply with

    standards prescribed in the regulations made under the Food Act.

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