Australian Capital Territory Consolidated Acts

FOOD ACT 2001 - SECT 132

In a proceeding for an offence against this Act, it is presumed until the contrary is proved, on the balance of probabilities, that—

        (a)     a substance or thing capable of being used as food that was transported, prepared for sale, intended for sale or sold was transported, prepared for sale, intended for sale or sold for human consumption; and

        (b)     a substance or thing capable of being used as food that was stored on food premises was intended for sale or sold for human consumption; and

        (c)     a substance or thing capable of being used as food is not for human consumption if it is prominently marked as not being for human consumption, or with words to that effect; and

        (d)     food that is part of a batch, lot or consignment of food of the same kind or description is representative of all of the food in the batch, lot or consignment; and

        (e)     each part of a sample of food divided for the purpose of analysis for this Act is of uniform composition with every other part of the sample; and

        (f)     a person who sold food in the conduct of a food business and was not the proprietor of the food business sold the food as the employee of the proprietor; and

        (g)     a person who appears from any statement on a package containing food for sale to have prepared, manufactured, packed or imported the food is the preparer, manufacturer, packager or importer of the food, as appropriate; and

        (h)     food that has been sold to a consumer has been sold at some time by anyone who respectively prepared, manufactured, packed or imported the food.