South Australian Consolidated Acts South Australian Consolidated Acts22—False descriptions of food
(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 15(3)
or (4), food is falsely described for the purposes of section 15(3) or
(4) 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.