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FOOD ACT 1984 - SECT 13 Misleading conduct relating to sale of food

FOOD ACT 1984 - SECT 13

Misleading conduct relating to sale of food

S. 13(1) amended by No. 2/2017 s. 5.

    (1)     Despite anything to the contrary in Part IIA, a person must not, in the course of carrying on a food business, engage in conduct that is misleading or deceptive or is likely to mislead or deceive in relation to the advertising, packaging or labelling of food intended for sale or the sale of food.

Penalty:     $40 000 in the case of an individual and $200 000 in the case of a corporation.

S. 13(2) amended by No. 2/2017 s. 5.

    (2)     Despite anything to the contrary in Part IIA, a person must not, for the purpose of effecting or promoting the sale of any food in the course of carrying on a food business, cause the food to be





advertised, packaged or labelled in a way that falsely describes the food.

Penalty:     $40 000 in the case of an individual and $200 000 in the case of a corporation.

Note

Examples of food that is falsely described are contained in section 17A.

S. 13(3) amended by No. 2/2017 s. 5.

    (3)     Despite anything to the contrary in Part IIA, a person must not, in the course of carrying on a food business, sell food that is packaged or labelled in a way that falsely describes the food.

Penalty:     $40 000 in the case of an individual and $200 000 in the case of a corporation.

Note

Examples of food that is falsely described are contained in section 17A.

    (4)     Nothing in subsection (2) or (3) limits the generality of subsection (1).

Note to s. 13 inserted by No. 13/2013 s. 24(3).

Note

Section 51B applies to an offence against subsection (1), (2) or (3).

S. 14 substituted by No. 14/2001 s. 8.