§ 97 — Post-revocation, etc., of food business licence

97.—(1) Where the food business licence of a food business licensee is revoked or suspended (in whole or in part) under section 96, the Agency may direct as follows:(a)

direct that —(i)

any food handled; or

(ii)

any primary produce from any primary production activity,

under any of the operations of the food business licensee affected by the revocation or suspension must not be sold or supplied;

(b)

direct the food business licensee or former food business licensee (as the case may be) to take appropriate action to destroy or otherwise dispose of or deal with the affected food or primary produce mentioned in paragraph (a).

(2) A food business licensee or former food business licensee to whom a direction under subsection (1) is given commits an offence if the food business licensee or former food business licensee (as the case may be) fails to comply with the direction.

(3) A person who is guilty of an offence under subsection (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) Subsection (2) does not apply if the person has a reasonable excuse.

(5) In subsection (3), “repeat offender”, in relation to an offence under subsection (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 occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, an offence under subsection (2).

—(1) Where the food business licence of a food business licensee is revoked or suspended (in whole or in part) under section 96, the Agency may direct as follows:(a)

direct that —(i)

any food handled; or

(ii)

any primary produce from any primary production activity,

under any of the operations of the food business licensee affected by the revocation or suspension must not be sold or supplied;

(b)

direct the food business licensee or former food business licensee (as the case may be) to take appropriate action to destroy or otherwise dispose of or deal with the affected food or primary produce mentioned in paragraph (a).

(2) A food business licensee or former food business licensee to whom a direction under subsection (1) is given commits an offence if the food business licensee or former food business licensee (as the case may be) fails to comply with the direction.

(3) A person who is guilty of an offence under subsection (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) Subsection (2) does not apply if the person has a reasonable excuse.

(5) In subsection (3), “repeat offender”, in relation to an offence under subsection (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 occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, an offence under subsection (2).