The obligation
A person must not handle food for sale so it becomes unsuitable, sell unsuitable food, or engage in misleading conduct about food in a food business.
Section 17 prohibits handling food intended for sale in a manner that will or is likely to render it unsuitable, and selling unsuitable food, whether or not the food is safe. The maximum penalty for each is $200 000 for a body corporate and $40 000 for a natural person. Section 18 prohibits conduct in a food business that is misleading or deceptive, or likely to be, about the advertising, packaging or labelling of food for sale or the sale of food.
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- What
- A person must not handle food for sale so it becomes unsuitable, sell unsuitable food, or engage in misleading conduct about food in a food business.
- Source
- legislation.sa.gov.au
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Frequently asked questions
Which WHS law does this come from?
Unsuitable food, misleading conduct and false descriptions 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.
What does this WHS obligation require?
Unsuitable food, misleading conduct and false descriptions is a WHS obligation under Food Act 2001 (SA). In short, A person must not handle food for sale so it becomes unsuitable, sell unsuitable food, or engage in misleading conduct about food in a food business.
What changed recently?
Unsuitable food, misleading conduct and false descriptions was last updated on 9 October 2026.
