Section 160 — Supplying food imported for private consumption

(1)A person commits an offence if —

(a)the person supplies any food;

(b)the food is none of the following:

(i)a prohibited food;

(ii)a food of higher regulatory concern mentioned in section 44(4);

(c)the food was imported;

(d)the food was imported on the basis that it was for private consumption only; and

(e)the person knows, or ought reasonably to know, that the food was imported on the basis that it was for private consumption only.

(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).