Have you been charged with Non-Compliance with the Food Standards Code?
Section 16 of the Food Act 1984 contains different offences that relate to the Food Standards Code. In considering how you wish to plea, you should consider the charge in the context of the section as a whole.
There are significant fines to face, should you be found guilty of this offence. Engage the services of a law firm that specialises in criminal law to ensure you understand the complex legislation before entering your plea.
Please read below for more information in relation to this charge.
The offence
Section 16 of the Food Act 1984.
The prosecution must prove:
The defendant failed to comply with the Food Standards Code in relation to:
The conduct of a food business or to food intended for sale or food for sale;
Selling food that did not comply with the Food Standards Code;
Selling or advertising food that is packaged or labeled in a manner that contravenes the Food Standards Code;
Selling or advertising for sale any food in a manner that contravenes the Food Standards Code.
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?
Non-Compliance with the Food Standards Code 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 urgently. Don’t leave things until the last minute. Appropriate preparation is critical to the success of any legal matter.
If you have been charged with Non-Compliance with the Food Standards Code make an appointment to see one of our experienced lawyers today.
The legislation
Section 16 Compliance with Food Standards Code
(1) A person must comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to the conduct of a food business or to food intended for sale or food for sale
Penalty: $40 000 in the case of an individual and $200 000 in the case of a corporation.
(2) A person must not sell any food that does not comply with any requirement of the Food Standards Code that relates to 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 sell or advertise any food that is packaged or labelled in a manner that contravenes a provision of the Food Standards Code.
Penalty: $40 000 in the case of an individual and $200 000 in the case of a corporation.
(4) A person must not sell or advertise for sale any food in a manner that contravenes a provision of the Food Standards Code.
Penalty: $40 000 in the case of an individual and $200 000 in the case of a corporation.
(5) A person does not contravene any provision of this section by reason only of failing to comply with an applicable requirement of the Food Standards Code if the person is exempted from compliance with that requirement by an order made under section 5(5).
