NSWIn ForceAct
Food Act 2003
21Compliance with Food Standards Code
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#### 21 Compliance with Food Standards Code
21 Compliance with Food Standards Code
> > (1) A person must comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to the conduct of a food business or to food intended for sale or food for sale.
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> > (2) A person must not sell any food that does not comply with a requirement of the Food Standards Code that relates to the food.
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> > (3) A person must not sell or advertise for sale any food that is packaged or labelled in a manner that contravenes a provision of the Food Standards Code.
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> > (4) A person must not sell or advertise for sale any food in a manner that contravenes a provision of the Food Standards Code.
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> > (5) This section does not require compliance with a provision of the Food Standards Code in relation to the conduct of a food business that is primary food production unless a food safety scheme provides that the provision applies to the food business or to a class of food businesses that includes the food business concerned.
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> Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.
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> Note—
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> 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.
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> **s 21:** Am 2004 No 16, Sch 1 \[6\]; 2012 No 97, Sch 1.13 \[9\].