§ 158 — Producing primary produce that is defined food

158.—(1) A person commits an offence if —(a)

the person undertakes any primary production activity;

(b)

the primary produce resulting from the primary production activity is a defined food; and

(c)

the person, when undertaking the primary production activity, knew, or ought reasonably to have known, that the primary produce resulting from that primary production activity would or would likely be a defined food.

(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 $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(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 under subsection (1).

(4) For the purposes of this section, it is immaterial whether the primary produce concerned is safe.

(5) Subsection (1) does not apply if the defined food is not made available for consumption as food by the general public.

—(1) A person commits an offence if —(a)

the person undertakes any primary production activity;

(b)

the primary produce resulting from the primary production activity is a defined food; and

(c)

the person, when undertaking the primary production activity, knew, or ought reasonably to have known, that the primary produce resulting from that primary production activity would or would likely be a defined food.

(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 $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(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 under subsection (1).

(4) For the purposes of this section, it is immaterial whether the primary produce concerned is safe.

(5) Subsection (1) does not apply if the defined food is not made available for consumption as food by the general public.