Food and Fuel Control. [Ch. 30. No. 6.

(c) define, for the purposes of this Ordinance, the
meaning of the expression _retail’’ and ~~ wholesale ”’
as applied to any foodstuff or fuel;

(d) declare whether a maximum price is or is not to
include the whole or any part of the cost of delivery or
of the container or package; and

(e) prohibit or permit the imposition by the vendor
of any condition on the sale of any foodstuff or fuel.

(2) No person shall, without the licence of the Governor,
sell or buy for consumption in the Colony, or contract or
attempt so to sell or buy, any foodstuff or fuel at a price
higher than that so fixed. But nothing in this section shall
make it unlawful to buy at any price, for importation, goods
which have not yet been imported.

(3) If there shall be any contravention of the provisions
of this section or of any order made under this section, every
person who is a party to such contravention, and also the
owner of the foodstuff or fuel with respect to which a con-
travention takes place, unless he proves that the contraven-
tion took place without his knowledge, instigation, consent,
3 approval, shall, on summary conviction, be liable for
each offence to a fine of two hundred and forty dollars, and,
in addition, to a penalty not exceeding the maximum price
at which the sale or attempted sale with respect to which
the contravention took place could lawfully have been
made.

(4) The burden of proving that a sale or purchase of
any article was not for consumption in the Colony shall lie
on the person alleging the same.

4. (1) If any person carrying on a retail business which
includes the selling for consumption in the Colony of any
foodstuff or fuel of which the maximum price is for the time
being fixed under this Ordinance refuses, without reasonable
excuse, to sell for cash a reasonable quantity of any such
foodstuff or fuel on demand by an intending purchaser, he
shall be liable, on summary conviction, to a fine of forty-
eight dollars.

(2) It shall not be a reasonable excuse within the
meaning of this section that the intending purchaser has
not previously been a customer or is not a regular customer

15 (2)

227

Licence to
sell or buy
at higher

price.

Burden of

proof.

Refusal to

sell
retail.

by