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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Offences - Offences

227: Offences involving intentionally defeating purpose of Act or deceiving in relation to identifying or representing food

You could also call this:

"Breaking the law by lying about food or changing it to deceive people"

If you intentionally try to deceive people about food, you can commit an offence. You do this when you alter or misrepresent food to get a benefit or avoid a problem. This can include changing a food's label, package, or a statement made under section 290, so it does not conform with the truth.

You can also commit an offence by tampering with food or a food-related accessory. This means you make it not conform with its label, package, or a statement made under section 290. If you do this, you can be liable for a fine or imprisonment.

When it comes to food, a misrepresentation includes saying or showing something that is not true about the food. This can be about where the food comes from, what it is made of, or what it is used for. If you are found guilty of committing an offence, you can be fined up to $100,000 or imprisoned for up to 5 years if you are an individual, or your company can be fined up to $500,000 if you are a body corporate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996342.

Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rulesMoney and consumer rights > Consumer protection
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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Offences

227Offences involving intentionally defeating purpose of Act or deceiving in relation to identifying or representing food

  1. A person commits an offence if the person, with intent to deceive and for the purpose of obtaining any material benefit or avoiding any material detriment,—

  2. alters, falsifies, misapplies, misrepresents, misuses, removes, or fails to apply a form of identification of food, contrary to an applicable requirement of this Act; or
    1. adulterates, misrepresents, or tampers with food or a food-related accessory so that it does not conform with—
      1. its label:
        1. its package:
          1. a statement made under section 290.

          2. A person who commits an offence against this section is liable on conviction,—

          3. for a body corporate, to a fine not exceeding $500,000:
            1. for an individual, to—
              1. imprisonment for a term not exceeding 5 years; and
                1. a fine not exceeding $100,000.

                2. In this section, misrepresentation, in relation to food or a food-related accessory, includes both a graphic and verbal misrepresentation in all forms as to the source, consignment, characteristics, description, labelling, safety and suitability, intended use, composition, ingredients or other constituents, and the proportion of ingredients or other constituents of the food or food-related accessory.