s10A Falsely Describing Food in Other Circumstances

Have you been charged with Falsely Describing Food in Other Circumstances?

Two different offences are created by Section 10A of the Food Act 1984. They differ slightly and it is important to consult a specialist criminal lawyer before proceeding further.

Did you cause food intended for sale to be falsely described? Or did you sell food that was falsely described? Should you have been aware of this fact? Should you have been aware that this was potentially dangerous to a consumer?

Please read below for more information in relation to this charge.

The offence

Section 10A of the Food Act 1984.

The prosecution must prove:

1. The defendant either:

   1. Caused food intended for sale to be falsely described; or

   2. Sold food that was falsely described.

2. The defendant ought reasonably to have known that:

   1. The food was falsely described; and

   2. A consumer of the food who relied on the description would be likely to suffer physical harm.

The maximum penalty

In the case of an individual, a penalty of $75,000. In the case of a corporation, a penalty of $375,000.

Where will my case be heard?

Falsely Describing Food in Other Circumstances 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 immediately. Preparation in relation to any matter is critical. Don’t leave it too late.

If you have been charged with Falsely Describing Food in Other Circumstances make an appointment to see one of our experienced lawyers today – GRAPHIC HERE

The legislation

Section 10A Falsely describing food in other circumstances

(1) A person must not cause food intended for sale to be falsely described if the person ought reasonably to know that a consumer of the food who relies on the description is likely to suffer physical harm.

(2) A person must not sell food that the person ought reasonably to know is falsely described and is likely to cause physical harm to a consumer of the food who relies on the description.

(3) A person who contravenes subsection (1) or (2) is guilty of an indictable offence and is liable to a penalty not exceeding—

(a) in the case of an individual, $75 000;

(b) in the case of a corporation, $375 000.