Have you been charged with an offence relating to the Handling and Sale of Unsafe Food?
Some questions you should consider with a lawyer are: Did you handle food intended for sale in a way that made (or is likely to have made) the food unsafe? Or if you did not handle the unsafe food, did you sell it?
The offence under Section 11(2) is a strict liability offence, and the maximum penalty is a very heavy fine. Ensure that you consult a specialist criminal lawyer before proceeding further.
Please read below for more information in relation to this charge.
The offence
Section 11 of the Food Act 1984.
The prosecution must prove:
For the offence under Section 11(1):
The defendant handled food intended for sale in a manner that rendered, or would be likely to render, the food unsafe.
For the offence under Section 11(2):
The defendant sold food that was unsafe.
The maximum penalty
In the case of an individual, a penalty of $40,000. In the case of a corporation, a penalty of $200,000.
Where will my case be heard?
Handing and Sale of Unsafe Food cases can only be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced criminal lawyer as soon as possible. Leave plenty of time, as appropriate preparation is critical to the success of any matter.
If you have been charged with Handing and Sale of Unsafe Food make an appointment to see an experienced lawyer today.
The legislation
Section 11 Handling and sale of unsafe food
(1) A person must not handle food intended for sale in a manner that will render, or is likely to render, the food unsafe.
Penalty: $40 000 in the case of an individual and $200 000 in the case of a corporation.
(2) A person must not sell food that is unsafe.
Penalty: $40 000 in the case of an individual and $200 000 in the case of a corporation.
