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s9 Knowingly Selling Unsafe Food

Have you been charged with Knowingly Selling Unsafe Food?

If so, ensure that you engage the services of a specialist criminal lawyer to help you defend the charge

This charge can result in a hefty fine or even imprisonment if you are found guilty. Talk to a lawyer and discuss all the elements of the charge thoroughly  before deciding how you will plead.

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

The offence

Section 9 of the Food Act 1984.

The prosecution must prove:

  1. The defendant sold food that they knew was unsafe.

The maximum penalty

In the case of an individual, a penalty of $100,000 or 2 years imprisonment, or both. In the case of a corporation, a penalty of $500,000.

Where will my case be heard?

Knowingly Selling Unsafe Food 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, to allow as much time as possible to prepare your defence thoroughly.

If you have been charged with Knowingly Selling Unsafe Food make an appointment to see one of our experienced lawyers today.

The legislation

Section 9 Knowingly selling unsafe food

(1) A person must not sell food that the person knows is unsafe.

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

(a)in the case of an individual, $100 000 or imprisonment for 2 years, or both;

(b) in the case of a corporation, $500 000.

Food Safety Charges

Food Act 1984

s8 Knowingly Handling Food in an Unsafe Manner

s8A Handling Food in an Unsafe Manner In Other Circumstances

s9 Knowingly Selling Unsafe Food

s9A Sale of Unsafe Food in Other Circumstances

s10 Knowingly Falsely Describing Food

s10A Falsely Describing Food in Other Circumstances

s11 Handling and Sale of Unsafe Food

s12 Handling and Sale of Unsuitable Food

s13 Misleading Conduct Relating to Sale of Food

s14 Sale of Food Not Complying with Purchaser’s Demand

s16 Non-Compliance with Food Standards Code

s17 Proprietor’s Name to be Affixed to Premises

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Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

© 2021 Dribbin & Brown

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