s 2D Meaning of unsuitable food
2D.—(1) For the purposes of this Act, food is unsuitable if it is food that —(a) is damaged, deteriorated or perished to an extent that affects its reasonable intended use; (b) contains, or has attached to it or enclosed with it, any damaged, deteriorated, perished or contaminated substance or thing to an extent that affects its reasonable intended use; (c) is the product of a diseased animal, or an animal that has died otherwise than by slaughter, and has not been declared by or under another Act to be safe for human consumption; (d) contains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food and the presence of which would be unexpected and unreasonable in food prepared or packed for sale in accordance with good trade practice; or (e) has packaging that is damaged, deteriorated, perished or contaminated to the extent of affecting the food’s reasonable intended use.[48/2017] (2) However, food is not unsuitable for the purposes of this Act merely because —(a) at any particular time before it is sold for human consumption it contains an agricultural or veterinary chemical; (b) when it is sold for human consumption it contains an agricultural or veterinary chemical or other contaminant, so long as it does not contain the chemical or contaminant in an amount that contravenes any food regulations; (c) any individual objects to it because of personal preference; (d) any part of the community objects to it on moral, ethical, cultural, spiritual, or religious grounds; (e) its consumption in inappropriate quantities may damage an individual’s health; or (f) its presence or consumption is unhealthy for any individual who has an allergy or other personal health condition.[48/2017] (3) In this section, a reference to slaughter of an animal includes a reference to the killing of an animal in the process of capturing, taking or harvesting it for the purposes of preparing it for use as food.[48/2017]