Section 54 Sale of aerosol paint to childrenI1
A person commits an offence if he sells an aerosol paint container to a person under the age of sixteen.
In subsection (1) “aerosol paint container” means a device which—
contains paint stored under pressure, and
is designed to permit the release of the paint as a spray.
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
It is a defence for a person charged with an offence under this section in respect of a sale to prove that—
he took all reasonable steps to determine the purchaser’s age, and
he reasonably believed that the purchaser was not under the age of sixteen.
It is a defence for a person charged with an offence under this section in respect of a sale effected by another person to prove that he (the defendant) took all reasonable steps to avoid the commission of an offence under this section.
Annotations
Commencement
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S. 54 in force at 31.3.2004 by S.I. 2004/690, art. 2(a)(ii)