(1) For the purposes of this Part, food that is falsely described includes
food to which any one or more of the following paragraphs applies--
(a) the
food is represented as being of a particular nature or substance for which
there is a prescribed standard under the Food Standards Code and the food does
not comply with that prescribed standard,
(b) the food is represented as
being of a particular nature or substance and it contains, or is mixed or
diluted with, any substance in a quantity or proportion that significantly
diminishes its food value or nutritive properties as compared with food of the
represented nature or substance,
(c) the food is represented as being of a
particular nature or substance and it contains, or is mixed or diluted with,
any substance of lower commercial value than food of the represented nature or
substance,
(d) the food is represented as being of a particular nature or
substance and a constituent of the food has been wholly or partly removed so
that its properties are diminished as compared with food of the represented
nature or substance,
(e) any word, statement, device or design used in the
packaging or labelling of the food, or in an advertisement for the food, would
create a false impression as to the nature or substance of the food, or the
commercial value of the food, in the mind of a reasonable person,
(f) the
food is not of the nature or substance represented by the manner in which it
is packaged, labelled or offered for sale.
(2) Without limiting the
application of subsection (1) of this section to section 18 (2), food is
falsely described for the purposes of section 18 (2) if it is supplied in
response to a purchaser's request for a particular type of food, or a food
that does not contain a particular ingredient, and the food is not of that
type or contains that ingredient.