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Contents (2003 - 43)
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Food Act 2003 No 43
Current version for 6 January 2017 to date (accessed 29 June 2017 at 05:09)
Part 2 Division 2
Division 2 Other offences relating to food
16   Handling and sale of unsafe food
(1)  A person must not handle food intended for sale in a manner that will render, or is likely to render, the food unsafe.
(2)  A person must not sell food that is unsafe.
Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.
Note.
 An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.
17   Handling and sale of unsuitable food
(1)  A person must not handle food intended for sale in a manner that will render, or is likely to render, the food unsuitable.
(2)  A person must not sell food that is unsuitable.
(3)  For the purposes of this section, it is immaterial whether the food concerned is safe.
Maximum penalty: 400 penalty units in the case of an individual and 2,000 penalty units in the case of a corporation.
Note.
 An offence against subsection (1) or (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.
18   Misleading conduct relating to sale of food
(1)  A person must not, in the course of carrying on a food business, engage in conduct that is misleading or deceptive or is likely to mislead or deceive in relation to the advertising, packaging or labelling of food intended for sale or the sale of food.
(2)  A person must not, for the purpose of effecting or promoting the sale of any food in the course of carrying on a food business, cause the food to be advertised, packaged or labelled in a way that falsely describes the food.
Note.
 Examples of food that is falsely described are contained in section 22.
(3)  A person must not, in the course of carrying on a food business, sell food that is packaged or labelled in a way that falsely describes the food.
Note.
 Examples of food that is falsely described are contained in section 22.
(4)  Nothing in subsection (2) or (3) limits the generality of subsection (1).
Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.
Note.
 An offence against subsection (1), (2) or (3) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.
19   Sale of food not complying with purchaser’s demand
(1)  A person must not, in the course of carrying on a food business, supply food by way of sale if the food is not of the nature or substance demanded by the purchaser.
Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.
Note.
 An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.
(2)  For the purposes of this section, it is immaterial whether the food concerned is safe.
20   Sale of unfit equipment or packaging or labelling material
(1)  A person must not sell equipment that if used for the purposes for which it was designed or intended to be used:
(a)  would render or be likely to render food unsafe, or
(b)  would put other equipment, or would be likely to put other equipment, in such a condition that, if the other equipment were used for the purposes for which it was designed or intended to be used, it would render, or be likely to render, food unsafe.
(2)  A person must not sell packaging or labelling material that if used for the purposes for which it was designed or intended to be used would render or be likely to render food unsafe.
Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.
Note.
 An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.
21   Compliance with Food Standards Code
(1)  A person must comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to the conduct of a food business or to food intended for sale or food for sale.
(2)  A person must not sell any food that does not comply with a requirement of the Food Standards Code that relates to the food.
(3)  A person must not sell or advertise for sale any food that is packaged or labelled in a manner that contravenes a provision of the Food Standards Code.
(4)  A person must not sell or advertise for sale any food in a manner that contravenes a provision of the Food Standards Code.
(5)  This section does not require compliance with a provision of the Food Standards Code in relation to the conduct of a food business that is primary food production unless a food safety scheme provides that the provision applies to the food business or to a class of food businesses that includes the food business concerned.
Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.
Note.
 An offence against subsection (1)–(4) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.
22   False descriptions of food
(1)  For the purposes of this Part, food that is falsely described includes food to which any one or more of the following paragraphs applies:
(a)  the food is represented as being of a particular nature or substance for which there is a prescribed standard under the Food Standards Code and the food does not comply with that prescribed standard,
(b)  the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance in a quantity or proportion that significantly diminishes its food value or nutritive properties as compared with food of the represented nature or substance,
(c)  the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance of lower commercial value than food of the represented nature or substance,
(d)  the food is represented as being of a particular nature or substance and a constituent of the food has been wholly or partly removed so that its properties are diminished as compared with food of the represented nature or substance,
(e)  any word, statement, device or design used in the packaging or labelling of the food, or in an advertisement for the food, would create a false impression as to the nature or substance of the food, or the commercial value of the food, in the mind of a reasonable person,
(f)  the food is not of the nature or substance represented by the manner in which it is packaged, labelled or offered for sale.
(2)  Without limiting the application of subsection (1) of this section to section 18 (2), food is falsely described for the purposes of section 18 (2) if it is supplied in response to a purchaser’s request for a particular type of food, or a food that does not contain a particular ingredient, and the food is not of that type or contains that ingredient.
23   Application of provisions outside the State
For the purposes of a provision of this Part, it does not matter that the food concerned was sold or intended for sale outside this State.
Note.
 See section 25 for a defence in relation to food intended for export.