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FOOD ACT 2003 - SECT 104
Offences relating to food safety schemes
(1) A person who handles or sells food in a manner that contravenes a
provision of a food safety scheme is guilty of an offence. : Maximum
penalty--500 penalty units in the case of an individual and 2,500 penalty
units in the case of a corporation.
(2) A person who carries on any
food business or activity for which a licence is required by the regulations
is guilty of an offence unless the person is the holder of such a licence. :
Maximum penalty--500 penalty units in the case of an individual and 2,500
penalty units in the case of a corporation.
(3) The holder of a licence
granted under the regulations who contravenes or fails to comply with a
condition of the licence is guilty of an offence. : Maximum penalty--500
penalty units in the case of an individual and 2,500 penalty units in the case
of a corporation.
(4) The proprietor of a food business must ensure that any
requirement imposed by a food safety scheme in relation to the preparation,
implementation, maintenance, monitoring, certification or auditing of a food
safety program for the food business is complied with. : Maximum penalty--500
penalty units in the case of an individual and 2,500 penalty units in the case
of a corporation.
(5) The proprietor of a food business must ensure that any
food safety program required to be prepared by a food safety scheme in
relation to the food business is audited at least as frequently as is
determined under section 93 (1), or as redetermined under section 96, in
relation to the food business. : Maximum penalty--500 penalty units in the
case of an individual and 2,500 penalty units in the case of a corporation.
Note : An offence against subsection (1)-(4) committed by a corporation is an
executive liability offence attracting executive liability for a director or
other person involved in the management of the corporation--see section 122.
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