Victorian Consolidated Legislation

Food Act 1984 - SECT 22

Procuring of samples of food

22. Procuring of samples of food



(1) An authorized officer may, on payment or tender to the person in whose
possession the food is or to his servant or agent of the current market value
thereof or of the rate prescribed, demand and procure such samples of the food
as are required for the purposes of this Act.

(2) Where any food is kept for retail sale in an unopened package, a person
shall not be required by an authorized officer to sell less than the whole of
that package.

(3) If a rate has been prescribed for the payment for a sample it shall not be
necessary for an authorized officer to tender any higher price for that
sample.

(4) The procuring of a sample pursuant to this section and the payment or
tender of the current market value thereof or of the rate prescribed (as the
case requires) shall for the purposes of this Act be deemed to be a sale by
the person from whom the sample was obtained to the authorized officer of the
food contained in the sample.

(5) In the case of a vending machine, it is sufficient compliance with
subsection (1) if the authorized officer obtains the sample by making proper
payment for it.