3.— (1) A person who sells a psychoactive substance knowing or being reckless as to whether that substance is being acquired or supplied for human consumption shall be guilty of an offence.

(2) A person who imports or exports a psychoactive substance knowing or being reckless as to whether that substance is being acquired or supplied for human consumption shall be guilty of an offence.

(3) Where in any proceedings for an offence under subsection (1) or (2), it is proved that a person sold, or imported or exported, as the case may be, a psychoactive substance, and the court is satisfied having had regard to—

(a) any indication given by the person concerned orally or in writing, by means of the internet or by electronic communication or any indication otherwise given by means of any packaging, leaflets, notices or by any other object or thing that the substance concerned may have psychoactive effects or that it may be consumed in a way similar to a controlled drug,

(b) any indication in or at any place to which the proceedings for the offence relate that suggests the consumption of controlled drugs, including the presence of any apparatus, equipment or thing which may reasonably be associated with the consumption of controlled drugs, and

(c) whether it is reasonable to find that the substance concerned is being sold or imported or exported, as the case may be, for an alternative lawful purpose, taking into account the cost and quantity of the substance being sold or being imported or exported, as the case may be,

that it is reasonable to assume that the person knew or was reckless as to whether the substance was being acquired or supplied for human consumption, it shall be presumed, until the court is satisfied to the contrary, that the person had such knowledge or was so reckless.

(4) A court may be satisfied under subsection (3) notwithstanding any oral or written statement made, any indication given on any packaging, label or leaflet or any indication given by means of the internet or by any electronic communication, that the substance to which the proceedings relate is not a psychoactive substance or is not intended or fit for human consumption.

(5) Without prejudice to any other defence that may be available, it shall be a defence for a person against whom proceedings for an offence under subsection (1) or (2) are brought to prove that he or she was, at the time of the alleged offence, a person referred to in section 6 (2).