18Misleading conduct relating to sale of food

18 Misleading conduct relating to sale of food

18 Misleading conduct relating to sale of food

(1) A person must not, in the course of carrying on a food business, engage in conduct that is misleading or deceptive or is likely to mislead or deceive in relation to the advertising, packaging or labelling of food intended for sale or the sale of food.

(2) A person must not, for the purpose of effecting or promoting the sale of any food in the course of carrying on a food business, cause the food to be advertised, packaged or labelled in a way that falsely describes the food.

Note—

Examples of food that is falsely described are contained in section 22.

(3) A person must not, in the course of carrying on a food business, sell food that is packaged or labelled in a way that falsely describes the food.

Note—

Examples of food that is falsely described are contained in section 22.

(4) Nothing in subsection (2) or (3) limits the generality of subsection (1).

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), (2) or (3) 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 18: Am 2012 No 97, Sch 1.13 [6].