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Food Act 2014

Preliminary provisions - Interpretation - Meaning of sale

13: Meaning of sale

You could also call this:

"'What we mean by selling food' means giving food to people to eat, or to businesses to use, in exchange for something, even if it's not money."

When you sell food, it means you are selling it for people to eat or for other businesses to use. You are selling food when you sell it to someone, or when you try to sell it to someone, or even when you just have it ready to sell. This includes activities like exchanging food for something else, or giving food away as a prize.

When you do things like sell food in a shop or restaurant, or supply food to employees, it is also considered selling food. You are also selling food when you give it away to promote a business, or when you export food to another country. However, if you exchange food with friends or family as part of a personal relationship, it is not considered selling food.

If you are not sure what selling food means, the law says you should assume it is for human consumption, unless you can prove otherwise. This also applies if you sell food to be mixed with other food, and the final product is sold. In some cases, the government may provide food to people in their care, and this is also considered selling food, unless the law says otherwise. You can find more information about this by looking at the 1981 No 45 s 4(1)–(5), (9) legislation.

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Part 1Preliminary provisions
Interpretation: Meaning of sale

13Meaning of sale

  1. In this Act, unless the context otherwise requires, sale, in relation to food,—

  2. means selling food for processing and handling or for human consumption; and
    1. includes reselling food for processing and handling or for human consumption; and
      1. includes the following activities relating to food for human consumption:
        1. offering food for sale or attempting to sell food, or receiving or having food in possession for sale, or exposing food for sale, or sending or delivering food for sale, or causing or permitting food to be sold, offered for sale, or exposed for sale:
          1. bartering food:
            1. selling, or offering to sell, any thing of which any food forms a part:
              1. supplying food, together with any accommodation, service, or entertainment, as part of an inclusive charge:
                1. supplying food in exchange for payment or in relation to which payment is to be made in a shop, hotel, or restaurant, at a stall, in or on a craft or vehicle, or in any other place:
                  1. supplying food to an employee or other person in accordance with an employment agreement or an agreement for services:
                    1. for the purpose of advertisement or to promote any trade or business, giving away food or, whether or not on payment of money, offering food as a prize or reward to the public:
                      1. exporting food:
                        1. every other method of disposition of food for valuable consideration; but
                        2. does not include—
                          1. exchanging food for food or other goods or services as part of a personal relationship between individuals that is not commercial in nature; or
                            1. supplying food together with accommodation to a person residing at a private dwelling or farm in exchange for services or labour by the person; or
                              1. supplying food together with accommodation to a person residing for more than 2 weeks at a private dwelling or farm in exchange for payment; or
                                1. supplying drinking water by network reticulation to the point of supply of any dwellinghouse or commercial premises.

                                2. The sale, offer for sale, or exposure for sale of any food is to be treated, unless the contrary is proved, as a sale, an offer for sale, or an exposure for sale of the food for human consumption.

                                3. The sale of any food for the purpose of being mixed with any other food is to be treated, unless the contrary is proved, as a sale if the bulk or product produced by the mixing, or any part of the bulk or product, is intended to be sold.

                                4. The supply of food by or on behalf of the Crown or a Crown entity to a person who is in the custody or care of the Crown or the Crown entity is to be treated as a sale of the food, unless an enactment provides otherwise.

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