21Compliance with Food Standards Code

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.

(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.

(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.

(4) A person must not sell or advertise for sale any food in a manner that contravenes a provision of the Food Standards Code.

(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.

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 21: Am 2004 No 16, Sch 1 [6]; 2012 No 97, Sch 1.13 [9].