Agricultural Produce (Eggs) Act, 1939

Restriction on application of prescribed marks.

40.—(1) Every mark required or authorised by or under this Act to be applied to any eggs or package of eggs shall be so applied by either the proprietor of the premises in which such mark is, or is required to be, applied or by a person employed and authorised in that behalf by such proprietor.

(2) It shall not be lawful for any person, other than the persons mentioned in the foregoing sub-section of this section, to apply the marks mentioned in the said sub-section to any egg or package of eggs.

(3) Every person who applies to any egg or package of eggs any mark in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding ten pounds or, in the case of a second or any subsequent such offence, to a fine not exceeding twenty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months, or to both such fine and imprisonment.

(4) For the purpose of this section, a mark shall be deemed to be applied if it is applied within the meaning of the Merchandise Marks Acts, 1887 to 1931.