15Seed sprouts must be lawfully produced

15 Seed sprouts must be lawfully produced

(1)  A person must not supply seed sprouts that have not been lawfully produced for human consumption.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; or

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(2)  For the purposes of this regulation, seed sprouts are taken to have been lawfully produced for human consumption if –

(a) in the case of horticulture produce that has been produced outside of Australia, it has been lawfully imported into Australia; or

(b) in the case of, and to the extent that, horticulture produce has been produced or processed, or both, within Australia, the production or processing, or both, has been carried out –

(i) if within Tasmania, in accordance with the requirements of the Act; or

(ii) if within a State or Territory of Australia other than the State of Tasmania, in accordance with any applicable corresponding law of that State or Territory.

(3)  An offence against this regulation is an offence of strict liability.