Have you been charged with Misleading Conduct Relating to Sale of Food?
As Section 13 of the Food Act 1984 creates three similar but separate offences, it is essential that you consult a specialist criminal lawyer before proceeding further.
A lawyer can help you answer some crucial questions so you can see if you have been charged correctly, and ascertain how you intend to plead.
Please read below for more information in relation to this charge.
The offence
Section 13 of the Food Act 1984.
The prosecution must prove:
For the offence under Section 13(1):
The defendant carried on a food business.
In the course of carrying on that business, the defendant engaged in conduct that:
Was misleading or deceptive; or
Was likely to mislead or deceive
in relation to the advertising, packaging or labeling of food intended for sale.
For the offence under Section 13(2):
The defendant carried on a food business.
In the course of carrying on that business, the defendant caused the food to be advertised, packaged or labeled in a way that falsely describes the food.
This was done for the purpose of promoting or affecting the sale of the food.
For the offence under Section 13(3):
The defendant carried on a food business.
In the course of carrying on that business, the defendant sold food that was labeled or packaged in a way that falsely described the food.
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?
Misleading Conduct Relating to Sale of 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. Preparation in relation to any legal matter is critical to maximise the chance of a good result.
If you have been charged with Misleading Conduct Relating to Sale of Food make an appointment to see one of our experienced lawyers today.
The legislation
Section 13 Misleading conduct relating to sale of food
(1) A person must not, in the course of carrying on a food business, engage in conduct that is misleading or deceptive or is likely to mislead or deceive in relation to the advertising, packaging or labelling of food intended for sale or the sale of food.
Penalty: $40 000 in the case of an individual and $200 000 in the case of a corporation.
(2) A person must not, for the purpose of effecting or promoting the sale of any food in the course of carrying on a food business, cause the food to be advertised, packaged or labelled in a way that falsely describes the food.
Penalty: $40 000 in the case of an individual and $200 000 in the case of a corporation.
(3) A person must not, in the course of carrying on a food business, sell food that is packaged or labelled in a way that falsely describes the food.
Penalty: $40 000 in the case of an individual and $200 000 in the case of a corporation.
(4) Nothing in subsection (2) or (3) limits the generality of subsection (1).
