Australian Capital Territory Consolidated Acts

FOOD ACT 2001 - SECT 53

    (1)     This section applies to food inspected or seized under this part by an authorised officer if the authorised officer is satisfied, on reasonable grounds, that the food—

        (a)     is unsafe or unsuitable; or

        (b)     consists partly or completely of decomposed, filthy, putrid or spoiled matter; or

        (c)     otherwise poses an immediate risk to health or property.

    (2)     The authorised officer may direct the proprietor of the food business concerned to destroy or otherwise dispose of the food.

    (3)     The direction may state any 1 or more of the following:

        (a)     how the food must be destroyed or otherwise disposed of;

        (b)     how the food must be kept until it is destroyed or otherwise disposed of;

        (c)     the period within which the food must be destroyed or otherwise disposed of.

    (4)     The proprietor of the food business must not, without reasonable excuse, contravene a direction given to the proprietor under subsection (2).

Maximum penalty: 50 penalty units.

    (5)     Alternatively, if the food has been seized under this part, the authorised officer may destroy or otherwise dispose of the food.

    (6)     Costs incurred by or on behalf of the Territory in relation to the disposal of food under subsection (5) are a debt owing to the Territory by the proprietor of the food business.