Part 10Offences, penalties, and proceedings
Offences
128Sale of non-complying animal material or product
A person commits an offence who sells or offers for sale, or has in the person's possession for sale,—
- any animal material to which any of Parts 2 to 5 apply that, to the person's knowledge, does not or no longer meets any relevant specification under Part 4 or requirement under Part 5, or the requirements of any relevant regulation; or
- any animal product to which any of Parts 2 to 5 apply that, to the person's knowledge, has not been processed in accordance with the requirements of Parts 2 to 5 that apply to the product, or is not otherwise fit for intended purpose.
A person commits an offence against this Act who sells or offers for sale, or has in possession for sale, any animal material or animal product for human or animal consumption that purports or is represented to have been produced or processed in accordance with Parts 2 to 4, but that, to the person's knowledge, has not been processed in accordance with those Parts.
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Where in any proceedings for an offence against this section knowledge on the part of the defendant is an essential element of the offence with which the defendant is charged, that knowledge is to be presumed until the contrary is proved.
A person who commits an offence against this section is liable on conviction—
- in the case of a body corporate, to a fine not exceeding $500,000:
- in the case of an individual, to imprisonment for a term not exceeding 2 years and a fine not exceeding $100,000.
Notes
- Section 128(3): repealed, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 128(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).