§ 12 — Meaning of “unsuitable” food

12.—(1) For the purposes of this Act, food is unsuitable if it is food that —

(a)

is damaged, deteriorated or perished to an extent that affects its reasonable intended use;

(b)

contains, or has attached to it or enclosed with it —(i)

any damaged, deteriorated, perished or contaminated substance or thing, to an extent that affects its reasonable intended use; or

(ii)

any thing which is inedible, or is otherwise alien to the particular food;

(c)

is the product of a diseased animal, or an animal that —(i)

has died otherwise than by slaughter; and

(ii)

has not been declared by or under this Act or another Act to be safe for human consumption;

(d)

has packaging that is damaged, deteriorated, perished, or contaminated to the extent of affecting the food’s reasonable intended use;

(e)

is outdated food, or consists of or has as an ingredient that is outdated food;

(f)

contains a food production substance which is not an approved food production substance for that food;

(g)

contains an approved food production substance at a greater level than permitted under the standards where a maximum level is so prescribed in any standard for that food production substance; or

(h)

contains —(i)

a proscribed contaminant or any residue of a proscribed contaminant; or

(ii)

a restricted contaminant at a greater level than permitted under the standards where a maximum level is so prescribed in any standard for that restricted contaminant.

(2) However, food is not unsuitable for the purposes of this Act merely because —

(a)

at any particular time before it is sold for human consumption it contains an agricultural chemical or a veterinary drug;

(b)

any individual objects to it because of personal preference;

(c)

any part of the community objects to it on moral, ethical, cultural, spiritual or religious grounds;

(d)

its consumption in inappropriate quantities may damage an individual’s health; or

(e)

its presence or consumption is unhealthy for any individual who has an allergy or other personal health condition.

(3) In this section —“approved food production substance” means a food production substance which is prescribed in any standard as approved for food generally or for a particular food;

“contaminant”, for any particular food, means a substance not intentionally added to the food but is present in the food as a result of —(a)

the manufacture or preparation of the food, or its production if the food is primary produce;

(b)

the transport or storing of the food; or

(c)

environmental contamination,

but excludes any food production substance for that food and any whole or part of an insect, rodent hair and other like matter;

“food production substance”, for food, means any substance which —(a)

is intentionally added to food during the manufacture or preparation of the food, or its production if the food is primary produce; and

(b)

is one of the following:(i)

a food additive;

(ii)

a plant pesticide;

(iii)

a veterinary drug,

and includes the residue of such a plant pesticide or veterinary drug;

“outdated”, in relation to any food in or from a package, means food that is unused or not consumed —(a)

within the period recommended by the manufacturer of the food; or

(b)

before the end of the period that is required by any regulations made under Part 15 to be specified on the package of that food under a prescribed date marking requirement;

“proscribed contaminant”, for any particular food, means a contaminant that is prohibited under any standard with respect to the particular food;

“restricted contaminant”, for any particular food, means a contaminant that is allowed to be present in the particular food at no greater a level prescribed in any standard for that food;

“veterinary drug” means a substance that is represented as being suitable for, or that is manufactured, supplied or used for, administration or application to an animal by any means, or consumption by an animal, as a way of directly or indirectly —(a)

preventing, diagnosing, curing or alleviating a disease or condition in the animal or an infestation of the animal by a pest;

(b)

curing or alleviating an injury suffered by the animal;

(c)

modifying the physiology of the animal —(i)

so as to alter its natural development, productivity, quality or reproductive capacity; or

(ii)

so as to make it more manageable; or

(d)

modifying the effect of another veterinary drug.

—(1) For the purposes of this Act, food is unsuitable if it is food that —

(a)

is damaged, deteriorated or perished to an extent that affects its reasonable intended use;

(b)

contains, or has attached to it or enclosed with it —(i)

any damaged, deteriorated, perished or contaminated substance or thing, to an extent that affects its reasonable intended use; or

(ii)

any thing which is inedible, or is otherwise alien to the particular food;

(c)

is the product of a diseased animal, or an animal that —(i)

has died otherwise than by slaughter; and

(ii)

has not been declared by or under this Act or another Act to be safe for human consumption;

(d)

has packaging that is damaged, deteriorated, perished, or contaminated to the extent of affecting the food’s reasonable intended use;

(e)

is outdated food, or consists of or has as an ingredient that is outdated food;

(f)

contains a food production substance which is not an approved food production substance for that food;

(g)

contains an approved food production substance at a greater level than permitted under the standards where a maximum level is so prescribed in any standard for that food production substance; or

(h)

contains —(i)

a proscribed contaminant or any residue of a proscribed contaminant; or

(ii)

a restricted contaminant at a greater level than permitted under the standards where a maximum level is so prescribed in any standard for that restricted contaminant.

(2) However, food is not unsuitable for the purposes of this Act merely because —

(a)

at any particular time before it is sold for human consumption it contains an agricultural chemical or a veterinary drug;

(b)

any individual objects to it because of personal preference;

(c)

any part of the community objects to it on moral, ethical, cultural, spiritual or religious grounds;

(d)

its consumption in inappropriate quantities may damage an individual’s health; or

(e)

its presence or consumption is unhealthy for any individual who has an allergy or other personal health condition.

(3) In this section —“approved food production substance” means a food production substance which is prescribed in any standard as approved for food generally or for a particular food;

“contaminant”, for any particular food, means a substance not intentionally added to the food but is present in the food as a result of —(a)

the manufacture or preparation of the food, or its production if the food is primary produce;

(b)

the transport or storing of the food; or

(c)

environmental contamination,

but excludes any food production substance for that food and any whole or part of an insect, rodent hair and other like matter;

“food production substance”, for food, means any substance which —(a)

is intentionally added to food during the manufacture or preparation of the food, or its production if the food is primary produce; and

(b)

is one of the following:(i)

a food additive;

(ii)

a plant pesticide;

(iii)

a veterinary drug,

and includes the residue of such a plant pesticide or veterinary drug;

“outdated”, in relation to any food in or from a package, means food that is unused or not consumed —(a)

within the period recommended by the manufacturer of the food; or

(b)

before the end of the period that is required by any regulations made under Part 15 to be specified on the package of that food under a prescribed date marking requirement;

“proscribed contaminant”, for any particular food, means a contaminant that is prohibited under any standard with respect to the particular food;

“restricted contaminant”, for any particular food, means a contaminant that is allowed to be present in the particular food at no greater a level prescribed in any standard for that food;

“veterinary drug” means a substance that is represented as being suitable for, or that is manufactured, supplied or used for, administration or application to an animal by any means, or consumption by an animal, as a way of directly or indirectly —(a)

preventing, diagnosing, curing or alleviating a disease or condition in the animal or an infestation of the animal by a pest;

(b)

curing or alleviating an injury suffered by the animal;

(c)

modifying the physiology of the animal —(i)

so as to alter its natural development, productivity, quality or reproductive capacity; or

(ii)

so as to make it more manageable; or

(d)

modifying the effect of another veterinary drug.