Australian Capital Territory Consolidated Acts

FOOD ACT 2001 - SECT 13

    (1)     For this Act, food is unsuitable if it is food that—

        (a)     is damaged, deteriorated or perished to an extent that affects its reasonable intended use; or

        (b)     contains any damaged, deteriorated or perished substance that affects its reasonable intended use; or

        (c)     is the product of a diseased animal, or an animal that has died otherwise than by slaughter, and has not been declared under another territory law to be safe for human consumption; or

        (d)     contains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food.

    (2)     However, food is not unsuitable for this Act only because—

        (a)     at any particular time before it is sold for human consumption it contains an agricultural or veterinary chemical; or

        (b)     when it is sold for human consumption it contains an agricultural or veterinary chemical in an amount that does not contravene the food standards code; or

        (c)     it contains a metal or nonmetal contaminant (within the meaning of the food standards code) in an amount that does not contravene the permitted level for the contaminant as provided by the food standards code; or

        (d)     it contains any matter or substance that is permitted by the food standards code.

    (3)     In this section:

"slaughter", of an animal, includes killing the animal in the process of capturing, taking or harvesting it for the purposes of preparing it for use as food.