AustLII Tasmanian Consolidated Acts

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FOOD ACT 2003 - SECT 15

15. False description of food

      (1) A person must not cause food intended for sale to be falsely described if the person knows that a consumer of the food who relies on the description will, or is likely to, suffer physical harm.

Penalty:

In the case of –

(a) an individual, a fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 2 years, or both; or

(b) a body corporate, a fine not exceeding 5 000 penalty units.

      (2) A person must not cause food intended for sale to be falsely described if the person ought reasonably to know that a consumer of the food who relies on the description is likely to suffer physical harm.

Penalty:

In the case of –

(a) an individual, a fine not exceeding 750 penalty units; or

(b) a body corporate, a fine not exceeding 3 750 penalty units.

      (3) A person must not sell food that the person knows –

(a) is falsely described; and

(b) will cause, or is likely to cause, physical harm to a consumer of the food who relies on the description.

Penalty:

In the case of –

(a) an individual, a fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 2 years, or both; or

(b) a body corporate, a fine not exceeding 5 000 penalty units.

      (4) A person must not sell food that the person ought reasonably to know –

(a) is falsely described; and

(b) is likely to cause physical harm to a consumer of the food who relies on the description.

Penalty:

In the case of –

(a) an individual, a fine not exceeding 750 penalty units; or

(b) a body corporate, a fine not exceeding 3 750 penalty units.



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