§ 183 — Mislabelling food for supply

183.—(1) A person commits an offence if the person labels, or causes to be labelled, any food in connection with —

(a)

the supply or possible supply of the food in the course of carrying on a food business; or

(b)

the promotion of the supply or use of the food in the course of carrying on a food business,

in a way that —

(c)

contains any content which is prohibited by any relevant regulations for that food;

(d)

does not contain any content which is required by any relevant regulations to be used in relation to that food; or

(e)

contains content in a form contrary to any relevant regulations as they apply in relation to that food.

(2) A person commits an offence if the person supplies, in the course of carrying on a food business, any food that —

(a)

is labelled in a way that —(i)

contains any content which is prohibited by any relevant regulations for that food;

(ii)

does not contain any content which is required by any relevant regulations to be used in relation to that food; or

(iii)

contains content in a form contrary to any relevant regulations as they apply in relation to that food; or

(b)

does not bear any label where such a label is required by any relevant regulations in relation to that food.

(3) In proceedings for an offence under subsection (1) or (2), it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the label —

(a)

contains any content which is prohibited by any relevant regulations for that food;

(b)

does not contain any content which is required by any relevant regulations to be used in relation to that food; or

(c)

contains content in a form contrary to any relevant regulations as they apply in relation to that food.

(4) In proceedings for an offence under subsection (2), it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the food does not bear any label where such a label is required by any relevant regulations in relation to that food.

(5) 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 — 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 commits an offence if the person labels, or causes to be labelled, any food in connection with —

(a)

the supply or possible supply of the food in the course of carrying on a food business; or

(b)

the promotion of the supply or use of the food in the course of carrying on a food business,

in a way that —

(c)

contains any content which is prohibited by any relevant regulations for that food;

(d)

does not contain any content which is required by any relevant regulations to be used in relation to that food; or

(e)

contains content in a form contrary to any relevant regulations as they apply in relation to that food.

(2) A person commits an offence if the person supplies, in the course of carrying on a food business, any food that —

(a)

is labelled in a way that —(i)

contains any content which is prohibited by any relevant regulations for that food;

(ii)

does not contain any content which is required by any relevant regulations to be used in relation to that food; or

(iii)

contains content in a form contrary to any relevant regulations as they apply in relation to that food; or

(b)

does not bear any label where such a label is required by any relevant regulations in relation to that food.

(3) In proceedings for an offence under subsection (1) or (2), it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the label —

(a)

contains any content which is prohibited by any relevant regulations for that food;

(b)

does not contain any content which is required by any relevant regulations to be used in relation to that food; or

(c)

contains content in a form contrary to any relevant regulations as they apply in relation to that food.

(4) In proceedings for an offence under subsection (2), it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the food does not bear any label where such a label is required by any relevant regulations in relation to that food.

(5) 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 — 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.