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FOOD SAFETY ORDINANCE 52. Liability of employers and principals

(1) An act done or omission made by an employee in the course of employment is to be treated for the purposes of this Ordinance as done or made by the employer, as well as by the employee.

(2) An act done or omission made by an agent of another person with the authority (whether express or implied and whether precedent or subsequent) of that other person is to be treated for the purposes of this Ordinance as done or made by that other person, as well as by the agent.

(3) In a proceeding for an offence under section 4, 5, 21(5)(a), 22(5)(a), 23(4)(a), 24(4)(a), 26(3) or 32(1) brought against a person in respect of an act or omission alleged to have been done or made by an employee or agent of the person, the person is liable to be convicted of and be punished for that offence unless the person establishes the defence described in subsection (4).

(4) If a proceeding is brought against a person by virtue of subsection (3), it is a defence for the person to show that the person exercised all due diligence to prevent the employee or agent from—
 * (a) doing the act or making the omission; or
 * (b) doing an act or making an omission of that description in the course of the employee’s employment or the agent’s authority.

53. Defence for employees

It is a defence for an employee charged with an offence under this Ordinance to show that—
 * (a) the act or omission of the employee was done or made in the course of the employee’s employment and under instructions given by the employer in the course of that employment; and
 * (b) the employee was not, at the relevant time, in a position to make or influence a decision regarding that act or omission.

54. Obstruction of persons performing official functions etc.

(1) A person who wilfully obstructs, resists or uses abusive language to a person who is performing functions under this Ordinance, or under an order made or warrant issued under this Ordinance, commits an offence and is liable to a fine at level 4 and to imprisonment for 6 months.

(2) Subsection (1) does not apply if the conduct constitutes an offence against another provision of this Ordinance.