New South Wales Consolidated Acts

FOOD ACT 2003 - SECT 18

18 Misleading conduct relating to sale of food

(1) A person must not, in the course of carrying on a food business, engage in conduct that is misleading or deceptive or is likely to mislead or deceive in relation to the advertising, packaging or labelling of food intended for sale or the sale of food.

(2) A person must not, for the purpose of effecting or promoting the sale of any food in the course of carrying on a food business, cause the food to be advertised, packaged or labelled in a way that falsely describes the food.

Note: Examples of food that is falsely described are contained in section 22.

(3) A person must not, in the course of carrying on a food business, sell food that is packaged or labelled in a way that falsely describes the food.

Note: Examples of food that is falsely described are contained in section 22.

(4) Nothing in subsection (2) or (3) limits the generality of subsection (1).

Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.