New South Wales Consolidated Acts

FOOD ACT 2003 - SECT 15

15 False description of food

(1) A person must not cause food intended for sale to be falsely described if the person knows that a consumer of the food who relies on the description will, or is likely to, suffer physical harm.

: Maximum penalty--1,000 penalty units or imprisonment for 2 years, or both, in the case of an individual and 5,000 penalty units in the case of a corporation.

Note : Examples of food that is falsely described are contained in section 22.

(2) A person must not cause food intended for sale to be falsely described if the person ought reasonably to know that a consumer of the food who relies on the description is likely to suffer physical harm.

: Maximum penalty--750 penalty units in the case of an individual and 3,750 penalty units in the case of a corporation.

Note : Examples of food that is falsely described are contained in section 22.

(3) A person must not sell food that the person knows is falsely described and will, or is likely to, cause physical harm to a consumer of the food who relies on the description.

: Maximum penalty--1,000 penalty units or imprisonment for 2 years, or both, in the case of an individual and 5,000 penalty units in the case of a corporation.

Note : Examples of food that is falsely described are contained in section 22.

(4) A person must not sell food that the person ought reasonably to know is falsely described and is likely to cause physical harm to a consumer of the food who relies on the description.

: Maximum penalty--750 penalty units in the case of an individual and 3,750 penalty units in the case of a corporation.

Note : Examples of food that is falsely described are contained in section 22.

Note : An offence against this section 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.