§ 180 — Supplying falsely described food

180.—(1) A person commits an offence if —

(a)

the person, in the course of carrying on a food business, supplies food that is packed or labelled in a way that falsely describes the food; and

(b)

the person knows, or ought reasonably to know, that the packaging or labelling falsely describes the food.

(2) A person commits an offence if the person —

(a)

supplies in the course of carrying on a food business, any food to another person;

(b)

gives the other person a false warranty for the food; and

(c)

when giving the warranty, knows or ought reasonably to know, that the warranty is false.

(3) A person who is guilty of an offence under subsection (1) or (2) 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.

(4) In subsection (3), “repeat offender”, in relation to an offence under subsection (1) or (2), 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 that same subsection as the current offence; or

(ii)

under section 20 of the Sale of Food Act 1973 for contravening section 17 of that Act.

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

—(1) A person commits an offence if —

(a)

the person, in the course of carrying on a food business, supplies food that is packed or labelled in a way that falsely describes the food; and

(b)

the person knows, or ought reasonably to know, that the packaging or labelling falsely describes the food.

(2) A person commits an offence if the person —

(a)

supplies in the course of carrying on a food business, any food to another person;

(b)

gives the other person a false warranty for the food; and

(c)

when giving the warranty, knows or ought reasonably to know, that the warranty is false.

(3) A person who is guilty of an offence under subsection (1) or (2) 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.

(4) In subsection (3), “repeat offender”, in relation to an offence under subsection (1) or (2), 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 that same subsection as the current offence; or

(ii)

under section 20 of the Sale of Food Act 1973 for contravening section 17 of that Act.

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