28Defence relating to publication of advertisements

28 Defence relating to publication of advertisements (1) This section applies to a prosecution for an offence, relating to the publication of an advertisement, against— (a) section 18 (Knowingly describing food falsely); or (b) section 21 (Negligently describing food falsely); or (c) section 24 (Misleading conduct relating to sale of food); or (d) section 27 (3) or (4) (Compliance with food standards code). (2) It is not an offence if the defendant— (a) conducted a business concerned mainly with the publication of advertisements; and (b) published or arranged for the publication of the advertisement in the ordinary course of the business. (3) However, subsection (2) does not apply if the defendant— (a) should reasonably have known that the publication of the advertisement was an offence; or (b) had previously been told in writing by an authorised officer that publication of such an advertisement would be an offence; or (c) is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisement was published.