NSWIn ForceAct
Food Act 2003
15False description of food
Start here
Get a plain-English read of 15
Turn the raw legal text into a practical explanation grounded in Food Act 2003.
#### 15 False description of food
15 False description of food
> > (1) A person must not cause food intended for sale to be falsely described if the person knows that a consumer of the food who relies on the description will, or is likely to, suffer physical harm.
> >
> > Maximum penalty—1,000 penalty units or imprisonment for 2 years, or both, in the case of an individual and 5,000 penalty units in the case of a corporation.
> >
> > Note—
> >
> > Examples of food that is falsely described are contained in section 22.
>
> > (2) A person must not cause food intended for sale to be falsely described if the person ought reasonably to know that a consumer of the food who relies on the description is likely to suffer physical harm.
> >
> > Maximum penalty—750 penalty units in the case of an individual and 3,750 penalty units in the case of a corporation.
> >
> > Note—
> >
> > Examples of food that is falsely described are contained in section 22.
>
> > (3) A person must not sell food that the person knows is falsely described and will, or is likely to, cause physical harm to a consumer of the food who relies on the description.
> >
> > Maximum penalty—1,000 penalty units or imprisonment for 2 years, or both, in the case of an individual and 5,000 penalty units in the case of a corporation.
> >
> > Note—
> >
> > Examples of food that is falsely described are contained in section 22.
>
> > (4) A person must not sell food that the person ought reasonably to know is falsely described and is likely to cause physical harm to a consumer of the food who relies on the description.
> >
> > Maximum penalty—750 penalty units in the case of an individual and 3,750 penalty units in the case of a corporation.
> >
> > Note—
> >
> > Examples of food that is falsely described are contained in section 22.
>
> Note—
>
> An offence against this section 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 15:** Am 2012 No 97, Sch 1.13 \[3\].