Queensland Consolidated Acts

FOOD ACT 2006 - SECT 271B

271B Reporting suspected intentional contamination of food

(1) This section applies if the responsible person for a food business reasonably suspects food sold, or intended for sale, in the course of carrying on the food business has been intentionally contaminated.

(2) The responsible person must, unless the person has a reasonable excuse, orally notify the chief executive of the suspected intentional contamination immediately after first forming the reasonable suspicion.

Penalty—

Maximum penalty—200 penalty units.

Note—

This provision is an executive liability provision—see section 260 .

(3) It is not a reasonable excuse for the person not to comply with subsection (2) that complying with the subsection might tend to incriminate the person.

(4) However, subject to subsection (5) , if the person is an individual, the following is not admissible in evidence against the person in any civil or criminal proceeding—

(a) information given to the chief executive by the person under subsection (2) about the suspected intentional contamination (
"primary evidence" );

(b) any information, or document or other thing, obtained as a direct or indirect result of primary evidence (
"derived evidence" ).

(5) Subsection (4) does not prevent primary evidence or derived evidence being admitted in evidence against the person—

(a) in criminal proceedings about the falsity or misleading nature of the primary evidence; or

(b) in a proceeding against the person for an offence against section 271C (2) or 271D (6) .