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FOOD ACT 1984 - SECT 16 Compliance with Food Standards Code

FOOD ACT 1984 - SECT 16

Compliance with Food Standards Code

    (1)     A person must comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to the conduct of a food business or to food intended for sale or food for sale.

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

Note to s. 16(1) inserted by No. 42/2009 s. 8.

Note

Under section 37, a person complies with the requirements of the Food Standards Code relating to notification if an application for the registration of a food premises is made, or notification of its operation is given, in accordance with Part VI.

    (2)     A person must not sell any food that does not comply with any requirement of the Food Standards Code that relates to the food.

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

    (3)     A person must not sell or advertise any food that is packaged or labelled in a manner that contravenes a provision of the Food Standards Code.

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

    (4)     A person must not sell or advertise for sale any food in a manner that contravenes a provision of the Food Standards Code.

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

S. 16(5) inserted by No. 60/2012 s. 53.

    (5)     A person does not contravene any provision of this section by reason only of failing to comply with an applicable requirement of the Food Standards Code if the person is exempted from compliance with that requirement by an order made under section 5(5).

Note to s. 16 inserted by No. 13/2013 s. 24(5).

Note

Section 51B applies to an offence against subsection (1), (2), (3) or (4).

S. 17 substituted by No. 14/2001 s. 8.