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s 15

False description of food

In force
Part 2Offences relating to food
Division 1Serious offences relating to food

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: Maximum penalty:

(a)

If the offender is a body corporate—$500 000.

(b)

If the offender is a natural person—$100 000 or imprisonment for four years.

(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: Maximum penalty:

(a)

If the offender is a body corporate—$375 000.

(b)

If the offender is a natural person—$75 000.

(3)

A person must not sell food that the person knows—

(a)

is falsely described; and

(b)

will cause, or is likely to cause, physical harm to a consumer of the food who relies on the description. Maximum penalty: Maximum penalty:

(a)

If the offender is a body corporate—$500 000.

(b)

If the offender is a natural person—$100 000 or imprisonment for four years.

(4)

A person must not sell food that the person ought reasonably to know—

(a)

is falsely described; and

(b)

is likely to cause physical harm to a consumer of the food who relies on the description. Maximum penalty: Maximum penalty:

(a)

If the offender is a body corporate—$375 000.

(b)

If the offender is a natural person—$75 000.

NoteExamples of food that is falsely described are contained in section 22.

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