not comply with the Code or is considered Maximum penalty: $40 000 in the case of such food could be failed at the border, if unfit for human consumption (see an individual and $200 000 in the case of a referred for inspection. definition of food’ above). corporation. ‘failing In the Model Food Provisions, the offence to A person must not sell food that is sell unsuitable food does not require proof that unsuitable. the person knows that the food is unsuitable. There is also an offence to handle food in a Maximum penalty: $40 000 in the case of manner that will render, or is likely to render, an individual and $200 000 in the case of a the food unsuitable. For example, storing corporation. perishable foods at incorrect temperatures. For the purposes of this section, it is immaterial whether the food concerned is safe. Other offences The IFC Act 1992 has a separate offence The Food Provisions has additional The Model Food Provisions have more related to food labelling, as it is exempted offences for: offences than the IFC Act 1992. It may be from the importation offence discussed appropriate to include some of these in the IFC False descriptions of food above. The labelling offence is dealt with Act 1992, particularly those that relate to false Misleading conduct relating to sale of separately to allow a person to import food and misleading descriptions and sale of food. food that does not meet the labelling Sale of food not complying with the requirements in the Code, provided the purchaser’s demand food is correctly labelled when it arrives in the country. Sale of unfit equipment or packaging or labelling material Compliance with the Code. Table D3 Comparison of emergency powers in Imported Food Control Act 1992 and the Model Food Provisions Emergency Imported Food Control Act 1992 Model Food Provisions (Annex A) Differences powers Powers to restrict Section 15 Holding orders for certain food Section 26 Making of Under the IFC Act 1992 a holding order, the importation or preventing the importation of a food, can be If: An order may be made under this Part by sale of food made if the food fails an inspection or analysis the relevant authority if the relevant an inspection, or inspection and analysis, of or there are reasonable grounds to believe a authority has reasonable grounds to examinable food of a particular kind
not comply with the Code or is considered unfit for human consumption (see definition of ‘failing food’ above). Maximum penalty: $40 000 in the case of an individual and $200 000 in the case of a corporation. A person must not sell food that is unsuitable. Maximum penalty: $40 000 in the case of an individual and $200 000 in the case of a corporation. For the purposes of this section, it is immaterial whether the food concerned is safe. such food could be failed at the border, if referred for inspection. In the Model Food Provisions, the offence to sell unsuitable food does not require proof that the person knows that the food is unsuitable. There is also an offence to handle food in a manner that will render, or is likely to render, the food unsuitable. For example, storing perishable foods at incorrect temperatures. Other offences The IFC Act 1992 has a separate offence related to food labelling, as it is exempted from the importation offence discussed above. The labelling offence is dealt with separately to allow a person to import food that does not meet the labelling requirements in the Code, provided the food is correctly labelled when it arrives in the country. The Food Provisions has additional offences for: False descriptions of food Misleading conduct relating to sale of food Sale of food not complying with the purchaser’s demand Sale of unfit equipment or packaging or labelling material Compliance with the Code. The Model Food Provisions have more offences than the IFC Act 1992. It may be appropriate to include some of these in the IFC Act 1992, particularly those that relate to false and misleading descriptions and sale of food. Table D3 Comparison of emergency powers in Imported Food Control Act 1992 and the Model Food Provisions Emergency powers Imported Food Control Act 1992 Model Food Provisions (Annex A) Differences Powers to restrict the importation or sale of food Section 15 Holding orders for certain food If: an inspection, or inspection and analysis, of examinable food of a particular kind Section 26 Making of An order may be made under this Part by the relevant authority if the relevant authority has reasonable grounds to Under the IFC Act 1992 a holding order, preventing the importation of a food, can be made if the food fails an inspection or analysis or there are reasonable grounds to believe a
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