The obligation
The Act makes it an offence to handle food intended for sale in a way that will or is likely to render it unsafe, and to sell unsafe food.
Under section 13, a person must not handle food for sale in a manner they know will, or is likely to, render it unsafe, or ought reasonably to know is likely to do so. The maximum penalty for the knowing offence is $500 000 for a body corporate and $100 000 or four years' imprisonment for a natural person.
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- What
- The Act makes it an offence to handle food intended for sale in a way that will or is likely to render it unsafe, and to sell unsafe food.
- Source
- legislation.sa.gov.au
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Frequently asked questions
Which WHS law does this come from?
Offences: Handling and Sale of Unsafe or Unsuitable Food is a WHS requirement set out in Food Act 2001 (SA). The relevant provision is Food Act 2001 (SA) > Part 2 – Offences relating to food § ss 13–29.
What does this WHS obligation require?
Offences: Handling and Sale of Unsafe or Unsuitable Food is a WHS obligation under Food Act 2001 (SA). In short, The Act makes it an offence to handle food intended for sale in a way that will or is likely to render it unsafe, and to sell unsafe food.
What changed recently?
Offences: Handling and Sale of Unsafe or Unsuitable Food was last updated on 19 October 2026.