(1) A person who has in his or her custody or under his or her control for sale any goods and who fails, on the demand for any quantity of the goods and the tender of payment at the price fixed for the goods, to supply the goods in the quantity demanded commits an offence and is liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.
(2) In a prosecution for an offence against this section, it is a defence to show that on the occasion in question the defendant —
(a) supplied a reasonable quantity of the goods after making seasonable provision for private consumption or use;
(b) did not have a sufficient quantity of the goods in his or her custody or under his or her control to supply the quantity demanded or a reasonable quantity or portion in addition to the quantity required to satisfy –
(i) all other contracts, then subsisting, under which he or she was obliged to supply quantities of the goods for use or consumption within the country, and
(ii) the ordinary requirements of his or her business; or
(c) the defendant was a wholesale trader in the goods and the person who demanded to be supplied was not a manufacturer or a retail trader in the goods; or
(d) the defendant required the goods for advertisement or sample.
(3) For the purposes of determining what is, for the purpose of this section, a reasonable quantity of goods regard shall be had to all the circumstances of the case including whether the person who demanded to be supplied was or was not, at the time of the demand, carrying on business as a trader in the goods, alone or with other goods.