(1) A person must not cause food intended for sale to be falsely described if
the person knows that a consumer of the food who relies on the description
will, or is likely to, suffer physical harm.
: Maximum penalty--1,000 penalty
units or imprisonment for 2 years, or both, in the case of an individual and
5,000 penalty units in the case of a corporation.
Note : Examples of food
that is falsely described are contained in section 22.
(2) A person must not
cause food intended for sale to be falsely described if the person ought
reasonably to know that a consumer of the food who relies on the description
is likely to suffer physical harm.
: Maximum penalty--750 penalty units in the
case of an individual and 3,750 penalty units in the case of a corporation.
Note : Examples of food that is falsely described are contained in section 22.
(3) A person must not sellfood that the person knows is falsely described and
will, or is likely to, cause physical harm to a consumer of the food who
relies on the description.
: Maximum penalty--1,000 penalty units or
imprisonment for 2 years, or both, in the case of an individual and 5,000
penalty units in the case of a corporation.
Note : Examples of food that is
falsely described are contained in section 22.
(4) A person must not sellfood that the person ought reasonably to know is falsely described and is
likely to cause physical harm to a consumer of the food who relies on the
description.
: Maximum penalty--750 penalty units in the case of an individual
and 3,750 penalty units in the case of a corporation.
Note : Examples of food
that is falsely described are contained in section 22.
Note : An offence
against this section committed by a corporation is an executive liability
offence attracting executive liability for a director or other person involved
in the management of the corporation--see section 122.