§ 146 — Supplying unsafe food

146.—(1) A person commits an offence if the person supplies any food that the person knows, or ought reasonably to know, is unsafe.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —(i)

to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $50,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $100,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —(i)

under subsection (1);

(ii)

under section 41A of the Environmental Public Health Act 1987 for contravening section 40(1) of that Act;

(iii)

under section 20 of the Sale of Food Act 1973 for contravening section 15 of that Act; or

(iv)

under section 23(2) of the Wholesome Meat and Fish Act 1999 involving any meat or fish product for which is diseased, adulterated or unfit for human consumption.

(4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii), (iii) or (iv) may be before, on or after the commencement of this section.

—(1) A person commits an offence if the person supplies any food that the person knows, or ought reasonably to know, is unsafe.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —(i)

to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $50,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $100,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —(i)

under subsection (1);

(ii)

under section 41A of the Environmental Public Health Act 1987 for contravening section 40(1) of that Act;

(iii)

under section 20 of the Sale of Food Act 1973 for contravening section 15 of that Act; or

(iv)

under section 23(2) of the Wholesome Meat and Fish Act 1999 involving any meat or fish product for which is diseased, adulterated or unfit for human consumption.

(4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii), (iii) or (iv) may be before, on or after the commencement of this section.