26   Directions of Safe Food relating to primary produce or seafood

(1)  Safe Food may, by notice in writing served on a person, give any one or more of the following directions in relation to primary produce or seafood that Safe Food is of the opinion is intended for human consumption:

(a)  if Safe Food considers that the primary produce or seafood is not safe for human consumption—a direction that the primary produce or seafood must not be supplied for human consumption and must be dealt with or disposed of in a manner specified in the notice,

(b)  if Safe Food considers that the primary produce or seafood will not be safe for human consumption unless it is dealt with in a particular manner—a direction that the primary produce or seafood must not be supplied for human consumption unless it is dealt with in the manner specified in the notice,

(c)  if Safe Food considers that the primary produce or seafood is described in a false or misleading way that could endanger human health—a direction that the primary produce or seafood must not be supplied for human consumption, or must be described in some other way before being supplied for human consumption, and must be dealt with or disposed of in a manner specified in the notice.

(2)  A person on whom a notice is served under this section is guilty of an offence if the person fails, without reasonable excuse, to comply with a direction contained in the notice within the time specified in the notice for compliance.

Maximum penalty: In the case of a first offence, 50 penalty units or imprisonment for 6 months, or both. In the case of a second or subsequent offence, 500 penalty units or imprisonment for 2 years, or both.

(3)  A person who is aggrieved by a direction given under this section may appeal to a Local Court against the direction in accordance with the rules of court.

(4)  If an appeal is lodged under subsection (3) against a direction under this section, then until the appeal is determined and an order is made by the Court confirming the direction, the direction does not have effect except to the extent that it prohibits the supply of primary produce or seafood for human consumption.

(5)  If a person on whom a notice is served under this section containing a direction to deal with or dispose of any primary produce or seafood in a specified manner fails to deal with or dispose of the primary produce or seafood in that manner within the time specified in the notice, Safe Food may seize the primary produce or seafood.

(6)  A person who is the owner of any primary produce or seafood that is the subject of a notice under this section is liable for any cost incurred in dealing with or disposing of the primary produce or seafood in compliance with the notice and any such cost incurred by Safe Food is taken to be a debt due to Safe Food from that person.

(7)  In any proceedings for the recovery of any debt referred to in subsection (6), a certificate signed by Safe Food stating the amount of the costs and the manner in which they were incurred is evidence of the matters certified.