15False description of food

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].