Food Act 2003

In any proceedings for an offence under this Part in relation to the publication of an advertisement, it is a defence for a person to prove that the person carried on the business of publishing or arranging for the publication of advertisements and that the person published or arranged for the publication of the advertisement in question in the ordinary course of that business.

Subsection (1) does not apply if the person – should reasonably have known that the publication of the advertisement was an offence; or had previously been informed in writing by the Director of Public Health, a council or an authorised officer that publication of such an advertisement would constitute an offence; or is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisements concerned were published.