§ 161 — Supplying food imported for private consumption — strict liability

161.—(1) A person shall be guilty of 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; and

(d)

the food was imported on the basis that it was for private consumption only.

(2) Strict liability applies to the offence in subsection (1).

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

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

—(1) A person shall be guilty of 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; and

(d)

the food was imported on the basis that it was for private consumption only.

(2) Strict liability applies to the offence in subsection (1).

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

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.