Food Act 2001
26Sale of unfit equipment or packaging or labelling material
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26 Sale of unfit equipment or packaging or labelling material (a) the person sells equipment (the equipment sold); and (b) the person knows the equipment sold is, or is likely, to be used for the handling of food; and (c) the equipment sold, if used for a purpose for which it was designed or intended to be used would, or would be likely to— (i) make food unsafe; or (ii) put other equipment in a condition that, if the other equipment were used for a purpose for which it was designed or intended to be used, would, or would be likely to, make food unsafe. (2) Strict liability applies to subsection (1) (a) and (c). (3) Subsection (1) does not apply if the equipment sold was not designed for use in relation to the handling of food. mentioned in s (3) (see Criminal Code, s 58). (4) A person commits an offence if— (a) the person sells packaging or labelling material; and (b) the person knows the material is, or is likely, to be used for the handling of food; and (c) the material, if used for a purpose for which it was designed or intended to be used, would, or would be likely to, make food unsafe.
(5) Strict liability applies to subsection (4) (a) and (c). (6) Subsection (4) does not apply if the packaging or labelling material was not designed for use in relation to the handling of food. mentioned in s (6) (see Criminal Code, s 58).