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Contents (2003 - 43)
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Food Act 2003 No 43
Current version for 7 July 2017 to date (accessed 22 August 2017 at 23:03)
Part 2 Division 1
Division 1 Serious offences relating to food
13   Handling of food in unsafe manner
(1)  A person must not handle food intended for sale in a manner that the person knows will render, or is likely to render, the food unsafe.
Maximum penalty: 1,000 penalty units or imprisonment for 2 years, or both, in the case of an individual and 5,000 penalty units in the case of a corporation.
(2)  A person must not handle food intended for sale in a manner that the person ought reasonably to know is likely to render the food unsafe.
Maximum penalty: 750 penalty units in the case of an individual and 3,750 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.
14   Sale of unsafe food
(1)  A person must not sell food that the person knows is unsafe.
Maximum penalty: 1,000 penalty units or imprisonment for 2 years, or both, in the case of an individual and 5,000 penalty units in the case of a corporation.
(2)  A person must not sell food that the person ought reasonably to know is unsafe.
Maximum penalty: 750 penalty units in the case of an individual and 3,750 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.
15   False description of food
(1)  A person must not cause food intended for sale to be falsely described if the person knows that a consumer of the food who relies on the description will, or is likely to, suffer physical harm.
Maximum penalty: 1,000 penalty units or imprisonment for 2 years, or both, in the case of an individual and 5,000 penalty units in the case of a corporation.
Note.
 Examples of food that is falsely described are contained in section 22.
(2)  A person must not cause food intended for sale to be falsely described if the person ought reasonably to know that a consumer of the food who relies on the description is likely to suffer physical harm.
Maximum penalty: 750 penalty units in the case of an individual and 3,750 penalty units in the case of a corporation.
Note.
 Examples of food that is falsely described are contained in section 22.
(3)  A person must not sell food that the person knows is falsely described and will, or is likely to, cause physical harm to a consumer of the food who relies on the description.
Maximum penalty: 1,000 penalty units or imprisonment for 2 years, or both, in the case of an individual and 5,000 penalty units in the case of a corporation.
Note.
 Examples of food that is falsely described are contained in section 22.
(4)  A person must not sell food that the person ought reasonably to know is falsely described and is likely to cause physical harm to a consumer of the food who relies on the description.
Maximum penalty: 750 penalty units in the case of an individual and 3,750 penalty units in the case of a corporation.
Note.
 Examples of food that is falsely described are contained in section 22.
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.