South Australian Consolidated Acts

FOOD ACT 2001 - SECT 8

8—Meaning of unsafe food

        (1)         For the purposes of this Act, food is "unsafe" at a particular time if it would be likely to cause physical harm to a person who might later consume it, assuming—

            (a)         it was, after that particular time and before being consumed by the person, properly subjected to all processes (if any) that are relevant to its reasonable intended use; and

            (b)         nothing happened to it after that particular time and before being consumed by the person that would prevent its being used for its reasonable intended use; and

            (c)         it was consumed by the person according to its reasonable intended use.

        (2)         For the purposes of this Act (and without limiting subsection (1)), food will be regarded as having been "unsafe" at the time of its sale for consumption if—

            (a)         after that time and before being consumed by a person, it was properly subjected to all processes (if any) that were relevant to its reasonable intended use; and

            (b)         nothing happened to it after the time of its sale and before being consumed by the person that would prevent its being used for its reasonable intended use; and

            (c)         it was consumed by the person according to its reasonable intended use; and

            (d)         the person suffered physical harm that is reasonably attributable to the food.

        (3)         However, food is not unsafe for the purposes of this Act merely because its inherent nutritional or chemical properties cause, or its inherent nature causes, adverse reactions only in persons with allergies or sensitivities that are not common to the majority of persons.

        (4)         In subsections (1) and (2)—

"processes" include processes involving storage and preparation.