New South Wales Consolidated Acts

PLANT DISEASES ACT 1924 - SECT 29

29 Sale of fruit etc not up to fair average quality

(1) No person shall sell any fruit or vegetables unless such fruit or vegetables are so packed or arranged that the outer layer or shown surface thereof is a true indication of the fair average quality of the whole of such fruit or vegetables.

(1AA) The fact that more than ten per centum of such fruit or vegetables is substantially smaller than or inferior to the outer layer or shown surface of such fruit or vegetables shall be prima facie evidence that the fair average quality of such fruit or vegetables is not truly indicated.

(1A) Where fruit or vegetables are arranged in such a manner that there is more than one outer layer or shown surface, subsection (1) applies to each such outer layer or shown surface.

(1B) Nothing in subsection (1) affects the requirements of any regulation relating to the packing of fruit or vegetables or the arrangement of fruit or vegetables that are exposed or displayed for sale.

(2) No person shall sell any fruit or vegetables contained in any package which also contains any foreign substance in a greater proportion than is prescribed.

(3) A person who contravenes a provision of this section is guilty of an offence and liable to a penalty not exceeding 100 penalty units.

(4) In any proceedings for a breach of any of the provisions of this section, it shall be a sufficient defence if the person proceeded against satisfies the court that the fruit or vegetables in respect of the sale of which the proceedings are taken were sold by the person in the package in which they were received without repacking or the admixture of any foreign substance.