Model Food Provisions—Annex A 
Contents 
Page 
Part 1 
Part 2 
Preliminary 
1    Objects of Act 
2    Definitions 
3    Meaning of "food" 
4    Meaning of "food business" 
5    Meaning of "primary food production" 
6    Meaning of "unsafe" food 
7    Meaning of "unsuitable" food 
8    Application of Act to primary food production 

Offences relating to food 

Division 1           Serious offences relating to food 

9    Handling of food in unsafe manner 
10    Sale of unsafe food 
11    False description of food 

Division 2           Other offences relating to food 

12    Handling and sale of unsafe food 
13    Handling and sale of unsuitable food 
14    Misleading conduct relating to sale of food 
15    Sale of food not complying with purchaser's demand 
16    Sale of unfit equipment or packaging or labelling material 
17    Compliance with Food Standards Code 
18    False descriptions of food 
19    Application of provisions outside jurisdiction 

Division 3           Defences 

20    Defence relating to publication of advertisements 
21    Defence in respect of food for export 
22    Defence of due diligence 
23    Defence of mistaken and reasonable belief not available 
24    Defence in respect of handling food 
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Part 3 
Part 4 
25    Defence in respect of sale of unfit equipment or packaging
or labelling material 

Emergency powers 
26    Making of order 
27    Nature of order 
28    Special provisions relating to recall orders 
29    Manner of making orders 
30    Compensation 
31    Failure to comply with emergency order 

Proceedings for offences 
32    Alternative verdicts for serious food offences 
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Model Food Provisions—Annex A 

Part 1   Preliminary 
1 
Objects of Act 
The objects of this Act include the following: 
(a) 

(b) 
(c) 
to  ensure  food  for  sale  is  both  safe  and  suitable  for  human 
consumption, 
to prevent misleading conduct in connection with the sale of food, 
to provide for the application in this jurisdiction of the Food 
Standards Code. 
2 
Definitions 
(1)   In this Act: 
advertisement means: 
(a) 
(b) 
(c) 
any words, whether written or spoken, or 
any pictorial representation or design, or 
any other representation by any means at all, 
used or apparently used to promote, directly or indirectly, the sale of 
food. 
analysis includes any examination or testing of food or any other thing. 
animal includes an amphibian, bird, crustacean, fish, mollusc or reptile. 
equipment means the whole or part of:: 
(a) 
(b) 
any   utensil,   machinery,   instrument,   device,   apparatus   or 
appliance that is used, or that is designed or intended for use, in 
or in connection with the handling of food, or 
any substance, utensil, machinery, instrument, device, apparatus 
or appliance that is used, or that is designed or intended for use, 
in cleaning anything referred to in paragraph (a). 
food has the meaning given by section 3. 
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food business has the meaning given by section 4. 
Food Safety Standards means the standards contained in Chapter 3 of 
the Food Standards Code. 
Food  Standards  Code  means  the  Australia  New  Zealand  Food 
Standards Code as defined in the Australia New Zealand Food Authority 
Act 1991 of the Commonwealth [as adopted or incorporated by the 
regulations]. 
Food transport vehicle means a vehicle used for the transport of food for 
sale. 
handling  of  food  includes  the  making,  manufacturing,  producing, 
collecting,  extracting,  processing,  storing,  transporting,  delivering, 
preparing, treating, preserving, packing, cooking, thawing, serving or 
displaying of food. 
label  includes  any tag,  brand,  mark  or  statement  in  writing  or  any 
representation or design or other descriptive matter on or attached to or 
used or displayed in connection with or accompanying any food or 
package. 
package includes any container or wrapper in or by which food intended 
for sale is wholly or partly encased, covered, enclosed, contained or 
packed and, in the case of food carried or sold or intended to be carried 
or sold in more than one package, includes every such package. 
premises includes: 
(a) 
(b) 

(c) 
(d) 
land (whether or not vacant), or 
the whole or any part of a building, tent, stall or other structure 
(whether of a permanent or temporary nature), or 
a pontoon, or 
a vehicle (other than a food transport vehicle while it is engaged 
in the transport of food). 
primary food production has the meaning given by section 5. 
proprietor of a food business means: 
(a) 
(b) 
the person carrying on the food business, or 
if that person cannot be identified—the person in charge of the 
food business. 
recall order means an order under Part 3 requiring the recall or disposal, 
or both, of any food. 
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sell includes: 
(a) 
(b) 
(c) 
(d) 
(e) 
(f) 
(g) 
(h) 
(i) 
(j) 
(k) 
(l) 
(m) 

(n) 
(o) 

(p) 
barter, offer or attempt to sell, or 
receive for sale, or 
have in possession for sale, or 
display for sale, or 
cause or permit to be sold or offered for sale, or 
send, forward or deliver for sale, or 
dispose of by any method for valuable consideration, or 
dispose of to an agent for sale on consignment, or 
provide under a contract of service, or 
supply food  as  a  meal  or  part  of a  meal  to  an  employee,  in 
accordance with a term of an award governing the employment 
of the employee or a term of the employee's contract of service, 
for consumption by the employee at the employee's place  of 
work, 
dispose of by way of raffle, lottery or other game of chance, or 
offer as a prize or reward, or 
give away for the purpose of advertisement or in furtherance of 
trade or business, or 
supply food under a contract (whether or not the contract is made 
with the consumer of the food), together with accommodation, 
service or entertainment, in consideration of an inclusive charge 
for  the  food  supplied  and  the  accommodation,  service  or 
entertainment, or 
supply food (whether or not for consideration) in the course of 
providing services to patients or inmates in public institutions, or 
sell for the purpose of resale. 
unsafe has the meaning given by section 6. 
unsuitable has the meaning given by section 7. 
vehicle means any means of transport, whether self-propelled or not, and 
whether used on land or sea or in the air. 
(2)   For the purposes of this Act, food or equipment that is displayed for the 
purpose of being offered as a prize or reward or given away for the 
purpose of advertisement or in the furtherance of trade or business is 
taken  to  have  been  displayed  for  sale  by the  owner  of the  food  or 
equipment. 
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Meaning of "food" 
(1)   In this Act, food includes: 
(a) 
(b) 
(c) 
(d) 

(e) 
any substance or thing of a kind used, or represented as being for 
use, for human consumption (whether it is live, raw, prepared or 
partly prepared), or 
any substance or thing of a kind used, or represented as being for 
use, as an ingredient or additive in a substance or thing referred 
to in paragraph (a), or 
any substance used in preparing a substance or thing referred to 
in  paragraph  (a)  (other  than  a  substance  used  in  preparing a 
living thing) if it comes into direct contact with the substance or 
thing referred to in that paragraph, such as a processing aid, or 
chewing gum or an ingredient or additive in chewing gum, or any 
substance used in preparing chewing gum, or 
any substance or thing declared to be a food under a declaration 
in force under section 3B of the Australia New Zealand Food 
AuthorityAct1991 of the Commonwealth [and prescribed by the 
regulations for the purposes of this paragraph], 
4 
whether or not the substance, thing or chewing gum is in a condition fit 
for human consumption. 
(2)   However, food does not include a therapeutic good within the meaning 
of the Therapeutic Goods Act 1989 of the Commonwealth. 
(3)   To avoid doubt, food may include live animals and plants. 

Meaning of "food business" 
In this Act, food business means a business, enterprise or activity (other 
than a business, enterprise or activity that is primary food production) 
that involves: 
(a) 
(b) 
the handling of food intended for sale, or 
the sale of food, 
regardless of whether the business, enterprise or activity  concerned is of 
a commercial, charitable or community nature or whether it involves the 
handling or sale of food on one occasion only. 
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Meaning of "primary food production" 
(1)   In  this  Act,  primary  food  production  means  the  growing,  raising, 
cultivation,  picking,  harvesting,  collection  or  catching  of  food,  and 
includes the following: 
(a) 
(b) 
(c) 
(d) 

(e) 
the transportation or delivery of food on, from or between the 
premises  on  which  it  was  grown,  raised,  cultivated,  picked, 
harvested, collected or caught, 
the packing, treating(for example, washing) or storing of food on 
the premises on which it was grown, raised, cultivated, picked, 
harvested, collected or caught, 
the storage of food in a silo that is not connected with a food 
processing operation and the transportation or delivery of food 
from, between or to such silos, 
the  sale  of  livestock  at  saleyards  and  the  transportation  of 
livestock to and from saleyards, 
any other food production activity that is regulated by or under an 
Act  prescribed  by  the  regulations  for  the  purposes  of  this 
subsection. 
(2)   However, primary food production does not include: 
(a) 
(b) 
(c) 
any process involving the substantial transformation of food(for 
example, manufacturing or canning), regardless of whether the 
process is carried out on the premises on which the food was 
grown, cultivated, picked, harvested, collected or caught, or 
the sale or service of food directly to the public, or 
any  other  food  production  activity  that  is  prescribed  by  the 
regulations for the purposes of this subsection. 
6 
Note. Section 5 (2) (c) enables regulations to be made prescribing food production 
activities that are not included in the definition of primary food production.   Such 
a regulation might be made, for example, to prescribe a food production activity 
in  relation  to  which  significant  and  unmanaged  food  safety  hazards  have  been 
identified. 

Meaning of "unsafe" food 
(1)   For the purposes of this Act, food is unsafe at a particular time if it 
would be likely to cause physical harm to a person who might later 
consume it, assuming: 
(a) 
it was, after that particular time and before being consumed by 
the person, properly subjected to all processes (if any) that are 
relevant to its reasonable intended use, and 
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(b) 
(c) 
nothing happened to it after that particular time and before being 
consumed by the person that would prevent its being used for its 
reasonable intended use, and 
it  was  consumed  by  the  person  according  to  its  reasonable 
intended use. 
7 
(2)   However, food is not unsafe for the purposes of this Act merely because 
its inherent nutritional or chemical properties cause, or its inherent nature 
causes, adverse reactions only in persons with allergies or sensitivities 
that are not common to the majority of persons. 
(3)   In subsection (1), processes include processes involving storage and 
preparation. 

Meaning of "unsuitable" food 
(1)   For the purposes of this Act, food is unsuitable if it is food that: 
(a) 

(b) 

(c) 
(d) 
is damaged, deteriorated or perished to an extent that affects its 
reasonable intended use, or 
contains any damaged, deteriorated or perished substance that 
affects its reasonable intended use, or 
is the product of a diseased animal, or an animal that has died 
otherwise than by slaughter, and has not been declared by or 
under another Act to be safe for human consumption, or 
contains  a  biological  or  chemical  agent,  or  other  matter  or 
substance, that is foreign to the nature of the food. 
(2)   However, food is not unsuitable for the purposes of this Act merely 
because: 
(a) 

(b) 
(c) 
(d) 
at any particular time before it is sold for human consumption it 
contains an agricultural or veterinary chemical, or 
when it is sold for human consumption it contains an agricultural 
or veterinary chemical, so long as it does not contain the chemical 
in an amount that contravenes the Food Standards Code, or 
it contains a metal or non-metal contaminant (within the meaning 
of  the  Food  Standards  Code)  in  an  amount  that  does  not 
contravene the permitted level for the contaminant as specified in 
the Food Standards Code, or 
it contains any matter or substance that is permitted by the Food 
Standards Code. 
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(3)   In this section, slaughter of an animal includes the killing of an animal 
in the process of capturing, taking or harvesting it for the purposes of 
preparing it for use as food. 

Application of Act to primary food production 
(1)   Parts 5, 7 and 8 [of Annex B] do not apply to or in respect of primary 
food production. 
(2)   The functions conferred on authorised officers by Parts 4 and 6 [of 
Annex B] may only be exercised in respect of primary food production: 
(a) 

(b) 
to enable the investigation and prosecution of offences against 
this Act or the regulations, or 
in connection with the making or enforcement of emergency 
orders under Part 3. 
Note.   The definition of food business excludes primary food production. 
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Part 2   Offences relating to food 
Division 1 
Serious offences relating to food 
9 
10 
11 
Handling of food in unsafe manner 
A person must not handle food intended for sale in a manner that the 
person knows will render, or is likely to render, the food unsafe. 
Maximum penalty: $100,000or imprisonment for 2 years, or both, in the 
case of an individual and $500,000 in the case of a corporation. 

Sale of unsafe food 
A person must not sell food that the person knows is unsafe. 
Maximum penalty: $100,000orimprisonment for 2 years, or both, in the 
case of an individual and $500,000 in the case of a corporation. 

False description of food 
(1)   A person must not cause food intended for sale to be falsely described 
if the person knows that a consumer of the  food who relies on the 
description will, or is likely to, suffer physical harm. 
Maximum penalty: $100,000 or imprisonment for 2 years, or both, in the 
case of an individual and $500,000 in the case of a corporation. 
Note. Examples of food that is falsely described are contained in section 18. 
(2)   A person must not sell food that the person knows is falsely described 
and will, or is likely to, cause physical harm to a consumer of the food 
who relies on the description. 
Maximum penalty: $100,000 or imprisonment for 2 years, or both, in the 
case of an individual and $500,000 in the case of a corporation. 
Note. Examples of food that is falsely described are contained in section 18. 
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Division 2 
Other offences relating to food 
12 
13 
14 
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. 
Maximum penalty: $50,000 in the case of an individual and $250,000 in 
the case of a corporation. 
(2)   A person must not sell food that is unsafe. 
Maximum penalty: $50,000 in the case of an individual and $250,000 in 
the case of a corporation. 

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. 
Maximum 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. 
Maximum 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. 

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. 
Maximum penalty: $50,000 in the case of an individual and $250,000 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. 
Maximum penalty: $50,000 in the case of an individual and $250,000 in 
the case of a corporation. 
Note. Examples of food that is falsely described are contained in section 18. 
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15 
16 
(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. 
Maximum penalty: $50,000 in the case of an individual and $250,000 in 
the case of a corporation. 

Note. Examples of food that is falsely described are contained in section 18. 
(4)   Nothing in subsection (2) or (3) limits the generality of subsection (1). 

Sale of food not complying with purchaser's demand 
(1)   A person must not, in the course of carrying on a food business, supply 
food  by  way  of  sale  if  the  food  is  not  of  the  nature  or  substance 
demanded by the purchaser. 
Maximum penalty: $50,000 in the case of an individual and $250,000 in 
the case of a corporation. 
(2)   For  the  purposes  of  this  section,  it  is  immaterial  whether  the  food 
concerned is safe. 

Sale of unfit equipment or packaging or labelling material 
(1)   A person must not sell equipment that if used for the purposes for which 
it was designed or intended to be used: 
(a) 
(b) 
would render or be likely to render food unsafe, or 
would  put  other  equipment,  or  would  be  likely to  put  other 
equipment, in such a condition that, if the other equipment were 
used for the purposes for which it was designed or intended to be 
used, it would render, or be likely to render, food unsafe. 
17 
Maximum penalty: $50,000 in the case of an individual and $250,000 in 
the case of a corporation. 
(2)   A person must not sell packaging or labelling material that if used for the 
purposes for which it was designed or intended to be used would render 
or be likely to render food unsafe. 
Maximum penalty: $50,000 in the case of an individual and $250,000 in 
the case of a corporation. 

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. 
Maximum penalty: $50,000 in the case of an individual and $250,000 in 
the case of a corporation. 
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(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. 
Maximum penalty: $50,000 in the case of an individual and $250,000 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. 
Maximum penalty: $50,000 in the case of an individual and $250,000 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. 
Maximum penalty: $50,000 in the case of an individual and $250,000 in 
the case of a corporation. 

False descriptions of food 
(1)   For the purposes of this Part, food that is falsely described includes food 
to which any one or more of the following paragraphs applies: 
(a) 
(b) 
(c) 
(d) 
(e) 
the food is represented as being of a particular nature or
substance for which there is a prescribed standard under the 
Food Standards Code and the food does not comply with that 
prescribed standard, 
the food is represented as being of a particular nature or
substance and it contains, or is mixed or diluted with, any 
substance in a quantity or proportion that significantly diminishes 
its food value or nutritive properties as compared with food of the 
represented nature or substance, 
the food is represented as being of a particular nature or
substance and it contains, or is mixed or diluted with, any 
substance of lower commercial value than food of the 
represented nature or substance, 
the food is represented as being of a particular nature or 
substance and a constituent of the food has been wholly or partly 
removed so that its properties are diminished as compared with 
food of the represented nature or substance, 
any word, statement, device or design used in the packaging or 
labelling of the food, or in an advertisement for the food, would 
create a false impression as to the nature or substance of the 
food,  or the commercial value of the food, in the mind of  a 
reasonable person, 
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(f) 
the food is not of the nature or substance represented by the 
manner in which it is packaged, labelled or offered for sale. 
19 
(2)   Without limiting the application of subsection (1) of this section to 
Section 11 (2), food is falsely described for the purposes of section 11 (2) 
if it is supplied in response to a purchaser's request for a particular type 
of food, or a food that does not contain a particular ingredient, and the 
food is not of that type or contains that ingredient. 

Application of provisions outside jurisdiction 
For the purposes of a provision of this Part, it does not matter that the 
food concerned was sold or intended for sale outside this jurisdiction. 
Note. See section 21 for a defence in relation to food intended for export. 
Division 3 
Defences 
20 
Defence relating to publication of advertisements 
(1)   In any proceedings for an offence under this Part in relation to the 
publication of an advertisement, it is a defence for a person to prove that 
the person carried on the business of publishing or arranging for the 
publication of advertisements and that the person published or arranged 
for the publication of the advertisement in question in the ordinary course 
of that business. 
(2)   Subsection (1) does not apply if the person: 
(a) 

(b) 
(c) 
should reasonably have known that the publication of the 
advertisement was an offence, or 
had previously been informed in writing by the relevant authority 
that publication of such an advertisement would constitute an 
offence, or 
is the proprietor of a food business or is otherwise engaged in the 
conduct of a food business for which the advertisements 
concerned were published. 
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21 
Defence in respect of food for export 
(1)   In any proceedings for an offence under this Part involving a 
contravention of or failure to comply with a provision of the Food
Standards Code in relation to food, it is a defence for a person to prove 
that: 
(a) 
(b) 
the food in question is to be exported to another country, and 
the food complies with the laws in force at the time of the alleged 
offence in the place to which the food is to be exported, being 
laws that deal with the same subject-matter as the provision of 
the Food Standards Code concerned. 
22 
(2)   This section does not apply to food that was originally intended for 
export but was sold in this jurisdiction. 

Defence of due diligence 
(1)   In any proceedings for an offence under this Part, it is a defence if it is 
proved that the person took all reasonable precautions and exercised all 
due diligence to prevent the commission of the offence by the person or 
by another person under the person's control. 
(2)   Without limiting the ways in which a person may satisfy the 
requirements of subsection (1), a person satisfies those requirements if 
it is proved: 
(a)       that the commission of the offence was due to: 
(b) 
(i) 
(ii) 
that: 
(i) 

(ii) 
an act or default of another person, or 
reliance on information supplied by another person, and 

the person carried out all such checks of the food 
concerned as were reasonable in all the circumstances, or 
it was reasonable in all the circumstances to rely on 
checks carried out by the person who supplied the food 
concerned to the person, and 
(c) 

(d) 
that the person did not import the food into the jurisdiction from 
another country, and 
in the case of an offence involving the sale of food, that: 
(i) 

(ii) 
the person sold the food in the same condition as when 
the person purchased it, or 
the person sold the food in a different condition to that in 
which the person purchased it, but that the difference did 
not  result  in  any  contravention  of  this  Act  or  the 
regulations, and 
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[(e) 
that the person did not know and had no reason to suspect at the 
time of commission of the alleged offence that the person's actor 
omission would constitute an offence under the relevant section]. 
(3)   In subsection (2) (a), another person does not include a person who 
was: 
(a) 
(b) 
an employee or agent of the defendant, or 
in the case of a defendant that is a body corporate, a director, 
employee or agent of the defendant. 
(4)   Without limiting the ways in which a person may satisfy the 
requirements of subsection (1) or (2) (b) (i), a person may satisfy those 
requirements by proving that: 
(a) 
(b) 
in the case of an offence relating to a food business for which a 
food safety program is required to be prepared in accordance 
with the regulations, the person complied with a food safety 
program   for   the   food   business   that   complies   with   the 
requirements of the regulations, or 
in any other case, the person complied with a scheme (for 
example, a quality assurance program or an industry code of 
practice) that was: 
(i) 
(ii) 
designed to manage food safety hazards and based on 
Australian national or international standards, codes or 
guidelines designed for that purpose, and 
documented in some manner. 
[23 
24 
Defence of mistaken and reasonable belief not available 
In any proceedings for an offence under Division 2, it is no defence that 
the defendant had a mistaken but reasonable belief as to the facts that 
constituted the offence.] 

Defence in respect of handling food 
In any proceedings for an offence under section 9, 12 (1) or 13 (1), it is 
a defence if it is proved that the person caused the food to which the 
offence relates to be destroyed or otherwise disposed of immediately 
after the food was handled in the manner that was likely to render it 
unsafe or unsuitable. 
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25 
Defence in respect of sale of unfit equipment or packaging or labelling 
material 
In any proceedings for an offence under section 16 (1) or (2), it is a 
defence if the person proves that the person reasonably believed that the 
equipment or material concerned was not intended for use in connection 
with the handling of food. 
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Part 3   Emergency powers 
26 
27 
Making of order 
An order may be made under this Part by the relevant authority if the 
relevant authority has reasonable grounds to believe that the making of 
the order is necessary to prevent or reduce the possibility of a serious 
danger to public health or to mitigate the adverse consequences of a 
serious danger to public health. 

Nature of order 
(1)   An order under this Part may do any one or more of the following: 
(a) 

(b) 
(c) 

(d) 
(e) 
(f) 
(g) 
(h) 
require the publication of warnings, in a form approved by the 
relevant authority, that a particular food or type of food is unsafe, 
prohibit the cultivation, taking, harvesting or obtaining, from a 
specified  area,  of  a  particular  food  or  type  of  food  or  other 
primary produce intended to be used for human consumption, 
prohibit a particular food or type of food from being advertised 
or sold, 
direct  that  a  particular  food  or  type  of  food  consigned  or 
distributed for sale or sold be recalled and specify the manner in 
which, and the period within which, there call is to be conducted, 
direct that a particular food or type of food or other primary 
produce intended  to  be  used  for  human  consumption  be 
impounded,  isolated, destroyed or otherwise disposed of and 
specify   the   manner   in   which   the   impounding,   isolation, 
destruction or disposal is to be conducted, 
prohibit absolutely the carrying on of an activity in relation to a 
particular food or type of food, or permit the carrying on of the 
activity in accordance with conditions specified in the order, 
without limiting the generality of paragraph (f), impose 
conditions relating to the taking and analysis of samples of the 
food or of water or soil or any other thing that is part of the 
environment in which that activity is carried on in relation to the 
food, 
specify methods of analysis (not inconsistent with any methods 
prescribed by the Food Standards Code)of any samples required 
to be taken in accordance with the order. 
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28 
(2)   An order under this Part may be varied or revoked by the relevant 
authority in the same manner as the order was made. 

Special provisions relating to recall orders 
(1)   A recall order may require the person, or the persons of a class, that is 
bound by the order to disclose to the public or to a class of persons 
specified in the order, in a manner so specified, any one or more of the 
following: 
(a) 
(b) 
(c) 

(d) 
the particular food or type of food to be recalled or disposed of, 
the reasons why the food is considered to be unsafe, 
the circumstances  in  which  the  consumption  of  the  food  is 
unsafe, 
procedures for disposing of the food. 
29 
(2)   A person who is required by a recall order to conduct a recall of any 
Food must give written notice to the relevant authority of the completion 
of the recall as soon as practicable after that completion. 
(3)   A person who is bound by a recall order is liable for any cost incurred 
by or on behalf of the relevant authority in connection with the recall 
order  and  any  such  cost  is  taken  to  be  a  debt  due  to  the  relevant 
authority from that person. 
(4)   In any proceedings for the recovery of the debt, a certificate signed by 
the relevant authority stating the amount of any costs and the manner in 
which they were incurred is evidence of the matters certified. 

Manner of making orders 
(1)   An order under this Part: 
(a) 
(b) 
may be made in writing addressed to the person or persons 
intended to be bound by it, and served on that person or each of 
those persons, as the case requires, or 
may be addressed to several persons, to a class of persons, or to 
all persons. 
(2)   Notice of an order addressed as referred to in subsection (1) (b) setting 
out the terms of the order and the persons to be bound by the order 
must, as soon as practicable after the order is made, be published in a 
newspaper that, in the opinion of the relevant authority, will be most 
likely to bring the order to the attention of the persons bound by it. 
(3)   An order under this Part, when it takes effect, is binding on the person 
or persons to whom it is addressed. 
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30 
(4)   An order that is served on a person takes effect when it is served. 
(5)   An order, notice of which is published under subsection (2), takes effect 
at the beginning of the first day on which the notice was published. 
(6)   An order ceases to have effect at the expiration of 90 days after the day 
on which it takes effect unless it is sooner revoked. 
(7)   Subsection (6) does not prevent a further order being made in the same 
terms as an order that has expired. 

Compensation 
(1)   A person bound by an order under this Part who suffers loss as a result 
of the making of the order may apply to the relevant authority for 
compensation if the person considers that there were insufficient grounds 
for the making of the order. 
(2)   If there were insufficient grounds for the making of the order, the 
relevant authority is to pay such compensation to the applicant as is just 
and reasonable. 
(3)   The relevant authority is to send written notification of its determination 
as to the payment of compensation under this section to each applicant 
for the payment of such compensation. 
(4)   If the relevant authority has not determined an application for 
compensation under this section within 28 days of receiving the 
application, the relevant authority is taken to have refused to pay any 
compensation. 
(5)   An applicant for the payment of compensation under this section who is 
dissatisfied with a determination by the relevant authority as to the 
refusal to pay compensation or as to the amount of compensation may 
apply to the appropriate review body for a review of the determination: 
(a) 

(b) 
within 28 days after the day on which notification of the 
determination was received, or 
in a case to which subsection (4) applies, within 28 days of the 
28-day period referred to in that subsection. 
31 
Failure to comply with emergency order 
A person must not, without reasonable excuse: 
(a) 

(b) 
carry on an activity in contravention of any prohibition imposed 
on the person by an order under this Part, or 
neglect or refuse to comply with a direction given by such an 
order, or 
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Model Food Provisions—Annex A 
(c) 
fail to comply with a condition specified in such an order. 
Maximum penalty: $50,000 in the case of an individual or $250,000 in 
the case of a corporation. 
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Part 4   Proceedings for offences 
32 
Alternative verdicts for serious food offences 
(1)   If, on the trial of a person charged with an offence against section 9 the 
trier of fact is not satisfied that the person committed the offence but is 
satisfied that the person committed an offence against section 12(1), the 
trier of fact may find the person not guilty of the offence charged but 
guilty of an offence against section 12 (1), and the person is liable to 
punishment accordingly. 
(2)   If, on the trial of a person charged with an offence against section10, the 
trier of fact is not satisfied that the person committed the offence but is 
satisfied that the person committed an offence against section 12(2), the 
trier of fact may find the person not guilty of the offence charged but 
guilty of an offence against section 12 (2), and the person is liable to 
punishment accordingly. 
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