119Presumptions

119 Presumptions (1) In proceedings for an offence against this Act or the Regulations, it is presumed until the contrary is proved on the balance of probabilities that: (a) a substance or thing that is capable of being used as food and that was sold or prepared for sale or conveyed or intended for sale was sold, prepared, conveyed or intended for sale;

Food Act 2004 67 (b) a substance or thing that is capable of being used as food is not for human consumption if it is prominently indicated as not being for human consumption, whether by words, colour or any other marking; (c) food that is part of a batch, lot or consignment of food of the same class or description is representative of all of the food in the batch, lot or consignment; (d) each part of a sample of food divided for the purpose of analysis under this Act is of uniform composition with every other part of the sample; (e) a person who sold food in the course of the conduct of a food business and who is or was not the proprietor of the food business sold the food as the agent of the proprietor; (f) a person who appears from a statement on a package containing food for sale to have imported, manufactured, packed or prepared the food is the importer, manufacturer, packager or preparer of the food, as the case requires; (g) food that is sold to a consumer was at some time sold by a person who respectively imported, manufactured, prepared or packed the food; and (h) a signature purporting to be that of the Chief Health Officer, the chief executive or other officer of an enforcement agency, an authorised officer or an approved analyst is that signature. (2) For subsection (1)(h), the approved analyst is the following: (a) if the approved analyst is an individual – the individual; (b) if the approved analyst is an organisation – an individual who is: (i) an employee or officer of the organisation; and (ii) authorised by the organisation to sign the certificate of analysis.

Food Act 2004 68