Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Offences
228Offences involving identifying or representing food
A person commits an offence if the person—
- 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
- adulterates, misrepresents, or tampers with food or a food-related accessory so that it does not conform with—
- its label:
- its packaging:
- a statement made under section 290.
- its label:
In a prosecution for an offence against this section, it is not necessary to prove that the defendant intended to commit the offence.
Section 251 contains defences to a prosecution for an offence against this section.
A person who commits an offence against this section is liable on conviction,—
- for a body corporate, to a fine not exceeding $250,000:
- for an individual, to a fine not exceeding $50,000.
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.