In forceUpdated to 1 Jul 2026

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Food Safety and Security Act 2025 · Updated to 1 Jul 2026 · Part 8 · Offences Relating to Food Safety

159. Producing primary produce that is defined food — strict liability

(1)

A person commits an offence if the person undertakes any primary production activity, resulting in primary produce that is a defined food.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $15,000.

(3)

Strict liability applies to the offence in subsection (1).

(4)

For the purposes of this section, it is immaterial whether the primary produce concerned is safe.

(5)

Subsection (1) does not apply if the defined food is not made available for consumption as food by the general public.

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