104Offences relating to food safety schemes

#### 104 Offences relating to food safety schemes 104 Offences relating to food safety schemes > > (1) A person who handles or sells food in a manner that contravenes a provision of a food safety scheme is guilty of an offence. > > > > Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation. > > > (2) A person who carries on any food business or activity for which a licence is required by the regulations is guilty of an offence unless the person is the holder of such a licence. > > > > Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation. > > > (3) The holder of a licence granted under the regulations who contravenes or fails to comply with a condition of the licence is guilty of an offence. > > > > Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation. > > > (4) The proprietor of a food business must ensure that any requirement imposed by a food safety scheme in relation to the preparation, implementation, maintenance, monitoring, certification or auditing of a food safety program for the food business is complied with. > > > > Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation. > > > (5) The proprietor of a food business must ensure that any food safety program required to be prepared by a food safety scheme in relation to the food business is audited at least as frequently as is determined under section 93 (1), or as redetermined under section 96, in relation to the food business. > > > > Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation. > > Note— > > An offence against subsection (1)–(4) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122. > > **s 104:** Subst 2004 No 16, Sch 1 \[20\]. Am 2012 No 97, Sch 1.13 \[12\].