Have you been charged with Handling and Sale of Unsuitable Food?
The Food Act 1984 contains an extensive definition of what is considered ‘unsuitable’ food. Therefore, before entering your plea to the Court you should consult a specialist criminal lawyer.
Please read below for more information in relation to this charge.
The offence
Section 12 of the Food Act 1984.
The prosecution must prove:
For the offence under Section 12(1):
The defendant handled food intended for sale in a manner that rendered, or would be likely to render, the food unsuitable.
For the offence under Section 12(2):
The defendant sold food that was unsuitable.
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?
Handling and Sale of Unsuitable 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?
See an experienced criminal lawyer urgently. The longer a lawyer has to prepare your defence, the better your chance of a positive outcome.
If you have been charged with Handling and Sale of Unsuitable Food talk to one of our specialised legal team today.
The legislation
Section 12 Handling and sale of unsuitable food
(1) A person must not handle food intended for sale in a manner that will render, or is likely to render, the food unsuitable.
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 unsuitable.
Penalty: $40 000 in the case of an individual and $200 000 in the case of a corporation.
(3) For the purposes of this section, it is immaterial whether the food concerned is safe.
