New South Wales Repealed Acts

This legislation has been repealed.

FOOD ACT 1989 - SECT 8

8 Adulteration or false description

For the purposes of this Act and the regulations, an article of food is adulterated or falsely described:

(a) when it contains, or is mixed or diluted with, any substance in any quantity or in any proportion which diminishes in any manner its food value or nutritive properties as compared with the same article in a pure or normal state and in an undeteriorated or sound condition, or

(b) when it contains, or is mixed or diluted with, any substance of lower commercial value than the same article in a pure or normal state and in an undeteriorated or sound condition, or

(c) when, either wholly or partly, it does not comply with a standard prescribed for the article by the regulations, or

(d) when it contains any substance prohibited by the regulations or any prescribed standard, or

(e) when it contains any substance in excess of any maximum quantity or proportion permitted by the regulations, or

(f) when it is mixed, coloured, powdered, coated, stained, prepared or treated in a manner whereby damage or inferiority may be concealed, or

(g) whether manufactured or not, when it consists wholly or partly of a filthy, decomposed or putrid animal or vegetable substance or of any portion of an animal unfit for food, or

(h) when it is the product of a diseased animal, or of one which has died otherwise than by slaughter, or

(i) when it is damaged, deteriorated or perished, or

(j) when it is unfit for human consumption or use, or

(k) when it has had any constituent wholly or partly extracted or removed so that its properties as compared with the food in a pure state are diminished, or

(l) when it is in any package, and:

(i) the contents of the package as originally put up have been removed in whole or in part and other contents have been placed in the package, or

(ii) neither the package, nor any label attached to the package, bears a statement of the quantity or proportion of any substance specified by the regulations as necessary to be stated, or

(m) when it is in packaged form and the package, or any label or written matter attached to it or enclosed with it, bears a word, statement, design or device pertaining to (or that could reasonably be taken as pertaining to):

(i) the article or any ingredient or substance contained in it, or

(ii) its physiological, curative or therapeutic effect,

which is false or misleading in any material particular, or

(n) when it contains any matter foreign to the nature of the food.