Victorian Consolidated Legislation

Food Act 1984 - SECT 17A

False descriptions of food

17A. 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
sections 10(2) and 10A(2), food is falsely described for the purposes of
sections 10(2) and 10A(2) 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.