- Generally
It is an offence to sell, prepare for sale or pack any food that is unfit
for human consumption or is adulterated. The manufacturer, retailer or
packager of any olive product that causes ill health to a consumer may be
guilty of a breach of section 8(1) of the Food Act if this occurs. The current
penalty for such a breach is 100 penalty units for a first offence
($ 10,000) and 200 penalty units ($ 20,000) or imprisonment for six
months for each subsequent breach proposed new penalties rage from $ 100,000
– 500,000. If the court is convinced that the illness was caused by the
gross negligence of the person convicted of the offence, it has a discretion
to impose a further 100 penalty units under section 8(2).
Penalties:
One penalty unit is currently $100.
This offence could apply to the situation where there has been
contamination to olive products rendering than unfit for human consumption or
causing ill health. Liability may be attributed to any or all of the people
who in the chain sold, handled, packaged or manufactured the product.
- Damaged or perished food
A person who sells, prepares for sale or packs any food
that is damaged, deteriorated or perished is guilty of an offence under
section 8(3). The penalty is up to 20 penalty units for a first offence ($
10,000) and up to 40 penalty units ($ 40,000) for each subsequent offence.
This offence would probably apply to the situation where
the olive product has passed its use-by date or is otherwise harmful to the
consumer due to a fault in the product. Liability would be likely to attach to
the seller or packager but not the manufacturer.
- Failing to meet a prescribed standard
A person who sells any food that does not comply with the
prescribed food standard for the food demanded by the purchaser is guilty of
an offence under section 8(4). The penalty is 10 penalty units for a first
offence and 20 penalty units for each subsequent offence.
This offence would apply to the situation where the food standard set down
by ANZFA for olive oil products (above) had not been met.
Liability rests with the seller of the olive products.
- Amendments to the Food Act
