§ 164 — General defence of due diligence

164.—(1) In a prosecution of a person for an offence under this Part involving a food or a regulated food contact article, it is a defence for the person charged to prove, on a balance of probabilities, that —(a)

the commission of the offence was due to —(i)

an act or omission of another person; or

(ii)

an accident or some other cause outside the control of the person charged; and

(b)

the person charged took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person, or by another person under the control of the person charged.

(2) In subsection (1)(a), another person does not include a person who was at the time of the commission of the offence —(a)

an employee or agent of the person charged; or

(b)

if the person charged is an entity, an officer of the entity.

(3) However, this defence does not apply if the person charged imported the food or regulated food contact article.

(4) This section is additional to any other defence available to the defendant under the Good Samaritan Food Donation Act 2024 apart from this section.

—(1) In a prosecution of a person for an offence under this Part involving a food or a regulated food contact article, it is a defence for the person charged to prove, on a balance of probabilities, that —(a)

the commission of the offence was due to —(i)

an act or omission of another person; or

(ii)

an accident or some other cause outside the control of the person charged; and

(b)

the person charged took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person, or by another person under the control of the person charged.

(2) In subsection (1)(a), another person does not include a person who was at the time of the commission of the offence —(a)

an employee or agent of the person charged; or

(b)

if the person charged is an entity, an officer of the entity.

(3) However, this defence does not apply if the person charged imported the food or regulated food contact article.

(4) This section is additional to any other defence available to the defendant under the Good Samaritan Food Donation Act 2024 apart from this section.