FOOD ACT 2001 - SECT 29 Defence relating to food for export

FOOD ACT 2001 - SECT 29

    (1)     This section applies to a prosecution for an offence against this part if the offence involves contravention of a provision about food in the food standards code.

    (2)     It is not an offence if—

        (a)     the food is to be exported to another country; and

        (b)     the food complies with the laws (the foreign laws ) in force at the time of the offence in the place to which the food is to be exported; and

        (c)     the foreign laws deal with the same subject matter as the provision of the food standards code.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code

, s 58).

    (3)     However, subsection (2) does not apply to food originally intended for export but sold in the ACT.