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Last Updated: 1 December 2016
AN ACT TO PROMOTE PUBLIC HEALTH AND SAFETY WITH REGARD TO FOOD, TO REGULATE THE PREPARATION, SALE AND USE OF FOOD, TO ASSIST CONSUMERS MAKE INFORMED CHOICES ON FOOD, TO PROMOTE FAIR TRADING PRACTICES IN RELATION TO FOOD AND FOR RELATED MATTERS
[FOS Sch 2] SCHEDULE 2 (Section 66)PENALTIES
| Section | Offence | Penalty |
|---|---|---|
| 3(1) | Preparing, packing, keeping, conveying, selling or giving free of charge any food which is unsafe, unhygienic or unfit for consumption | $5,000 |
| 4(1) | Selling, or preparing, packing, keeping or conveying for the purpose of sale, any food that is adulterated | $10,000 or 5 years imprisonment |
| 5(3) | Preparing or selling a mixture in contravention of section 5 | $3,000 or 2 years imprisonment |
| 8(1) | Selling or preparing, packing, keeping, conveying, labelling or advertising for sale any food in a manner that is false, misleading or deceptive in relation to any particular aspect of the food, which induces a consumer to buy the food | $10,000 or 5 years imprisonment |
| 9 | Selling or preparing, packing, keeping, conveying, labelling or advertising for sale any food that does not comply with the standard prescribed for such food in such a manner that is likely to be mistaken for food of the prescribed standard | $50,000 or 10 years imprisonment |
| 10 | Selling, preparing, packing, keeping or conveying for sale any food under insanitary conditions that might render the food injurious or dangerous to health | $50,000 or 10 years imprisonment |
| 13(6) | (a) Labelling of package of food does not comply with subsection (1) | $50,000 or 10 years imprisonment |
| (b) Labelling of pre-packaged food does not comply with subsection (2) | $50,000 or 10 years imprisonment | |
| (c) Information required on labels is not provided in the English language in a manner that is visible and likely to be read and understood by ordinary consumer | $50,000 or 10 years imprisonment | |
| 14(1)(a) | Promoting or causing the advertisement or promotion of any food which is prohibited or the sale of which is not permitted under this Act or regulations | $2,000 or 12 months |
| 14(1)(b) | Promoting or causing the advertisement of any food in any particular aspect that is false, misleading or deceptive | $2,000 or 12 months |
| 15 | Promoting any breast milk substitute or baby accessory by advertisement, by offering or giving any gift, prize, discount coupon or any free item or by other similar means | $50,000 or 10 years imprisonment |
| 16 | Operating a food establishment which is not licensed under this Act | $10,000 or 5 years imprisonment |
| 17(6) | Failing to comply with any of the conditions of a licence imposed by the Board or prescribed by regulations | $2,000 or 12 months imprisonment |
| 24(1) | Importing any food or food ingredient which does not comply with this Act or regulations | $50,000 or 10 years imprisonment |
| 25(2) | Failing to relabel imported food within 30 days or reprocess food within 3 months or any shorter period specified in the permit issued under section 24(5) | $50,000 or 10 years imprisonment |
| 36(2)(a) | Assaulting, intimidating, obstructing, impeding or attempting to obstruct or to impede any authorised officer in the performance of his or her functions under this Act or the regulations | $2,500 or 12 months imprisonment |
| 36(2)(b) | Knowingly making a false or misleading statement, either verbally or in writing, to any authorised officer engaged in the performance of functions under this Act or the regulations | $2,500 or 12 months imprisonment |
| 36(2)(c) | Refusing to state name and address or gives a false name or address | $2,500 or 12 months imprisonment |
| 36(2)(d) | Retaking, or attempting to retake any article seized under this Act, or resisting or attempting to prevent the seizure | $2,500 or 12 months imprisonment |
| 36(2)(e) | Removing, altering or interfering in any way with any article seized or sealed under this Act, without the authority of an authorised officer | $2,500 or 12 months imprisonment |
| 36(2)(f) | Giving, procuring, offering or promising any bribe, recompenses or rewards to influence any authorised officer engaged in the performance of his or her functions under this Act or the regulations | $10,000 or 5 years imprisonment |
| 43(4) | Refusing or neglecting to comply with any demand or requisition made by an authorised officer under this section | $2,500 or 12 months imprisonment |
| 48 | Disclosing any information or particulars provided or obtained in accordance with a direction under this section (relating to any individual business) without the prior consent in writing of the person carrying on the business | $2,500 or 12 months imprisonment |
| 49(3) | Cultivating, taking, harvesting, obtaining, manufacturing or processing any food in or from an area to which a prohibition order applies without obtaining a permit | $2,000 or 12 months imprisonment |
| 51(10) | Contravening an order of closure | $5,000 for the first offence or 2 years imprisonment and $10,000 for a second or subsequent offence or 5 years imprisonment |