Food Act 2003

In any proceedings for an offence under this Act, it is presumed, until on the balance of probabilities the contrary is proved, that –

a person intends to sell food if he or she sells any thing of which food is a constituent; and any substance or thing capable of being used as food that was sold or prepared for sale or conveyed or intended for sale was sold, prepared, conveyed or intended for sale for human consumption; and any substance or thing capable of being used as food is not for human consumption if it is prominently marked as not being for human consumption, or with words to that effect; and food that is part of a batch, lot or consignment of food of the same class or description is representative of all of the food in that batch, lot or consignment; and each part of a sample of food divided for the purpose of analysis under this Act is of uniform composition with every other part of that sample; and a person who sold food in the conduct of a food business and was not the proprietor of the food business sold the food as the agent of the proprietor; and any food found in any food business used for the manufacture of food is intended – to be used in the manufacture of food; and for human consumption; and a person who appears from any statement on a package containing food for sale to have imported, manufactured, packed or prepared the food is the importer, manufacturer, packager or preparer of the food, as the case may be; and food that has been sold to a consumer has been sold at some time by any person who respectively imported, manufactured, prepared or packed the food; and a signature purporting to be that of the Director of Public Health, the general manager of a council, an authorised officer or the person in charge of an accredited laboratory is that signature.