Food Act 2006

For this chapter, food that is falsely described includes food to which any 1 or more of the following paragraphs applies—

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;

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;

the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, a substance of lower commercial value than food of the represented nature or substance;

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;

a 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 about the nature or substance of the food, or the commercial value of the food, in the mind of a reasonable person;

the food is not of the nature or substance represented by the way in which it is packaged, labelled or offered for sale.

Without limiting the application of subsection (1) of this section to section 34(2), food is falsely described for the purposes of section 34(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.