15False descriptions of food

15 False descriptions of food (1) For this part, food that is falsely described includes food to which 1 or more of the following paragraphs applies: (a) 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; (b) 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; (c) the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance of lower commercial value than food of the represented nature or substance; (d) the food is represented as being of a particular nature or substance and a constituent of the food has been completely or partly removed so that its properties are diminished as compared with food of the represented nature or substance;

(e) any 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; (f) the food is not of the nature or substance represented by the way in which it is packaged, labelled or offered for sale. (2) Without limiting the application of subsection (1) to section 18 (2) (Knowingly describing food falsely) or section 21 (2) (Negligently describing food falsely), food is falsely described for those subsections if it is supplied in response to a purchaser’s demand or other 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. Note 1 For defences to the offences in this division, see div 3.4. Note 2 For other provisions about the offences in this division, see div 3.5 and pt 10.