Meaning of safety and suitability

12 Meaning of safety and suitability

(1)

In this Act, unless the context otherwise requires, safety and suitability, in relation to food, have the meanings set out in subsections (2) and (3) respectively.

(2)

Safety means a condition in which food, in terms of its intended use, is unlikely to cause or lead to illness or injury to human life or public health.

(3)

Suitability means a condition in which the matters specified in—

(a)

subsection (4) are appropriate to food in terms of its intended use; and

(b)

subsection (5) do not apply.

(4)

The matters referred to in subsection (3)(a)—

(a)

include the composition, labelling, identification, and condition of the food; but

(b)

do not include—

(i)

matters that are directly related to the food’s safety; or

(ii)

matters of quality or presentation of the food that relate to a purely commercial decision by the person trading in the food.

(5)

Food is unsuitable if it—

(a)

is in a condition that is offensive:

(b)

is damaged, deteriorated, or perished to the extent of affecting its reasonable intended use:

(c)

contains, or has attached to it or enclosed with it, any damaged, deteriorated, perished, or contaminated substance or thing to the extent of affecting its reasonable intended use:

(d)

contains a biological or chemical agent, or other substance or thing, that is foreign to the nature of the food and the presence of which would be unexpected and unreasonable in food prepared or packed for sale in accordance with good trade practice:

(e)

has packaging that is damaged, deteriorated, perished, or contaminated to the extent of affecting the food’s reasonable intended use.

(6)

Food is not unsafe or unsuitable merely because—

(a)

any part of the community objects to it on moral, ethical, cultural, spiritual, or religious grounds; or

(b)

any person objects to it because of personal preference; or

(c)

its consumption in inappropriate quantities may damage a person’s health; or

(d)

its presence or consumption is unhealthy for any person who has an allergy or other personal health condition.