The obligation
Section 12 provides that food is unsafe if it would be likely to cause physical harm to a person who might later consume it.
This is assessed assuming the food was properly subjected to relevant processes, including storage and preparation, nothing happened to it before consumption to prevent its reasonable intended use, and it was consumed according to that use. Food is not unsafe merely because it causes adverse reactions only in people with allergies or sensitivities that are not common to the majority of people. The meaning of unsuitable in relation to food is given by section 13.
- What
- Section 12 provides that food is unsafe if it would be likely to cause physical harm to a person who might later consume it.
- Source
- legislation.wa.gov.au
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Frequently asked questions
Which WHS law does this come from?
What Makes Food Unsafe — Food Act 2008 (WA) s. 12 is a WHS requirement set out in Food Act 2008 (WA). The relevant provision is Food Act 2008 (WA) > Part 2 — Interpretation § s. 12–13.
What does this WHS obligation require?
What Makes Food Unsafe — Food Act 2008 (WA) s. 12 is a WHS obligation under Food Act 2008 (WA). In short, Section 12 provides that food is unsafe if it would be likely to cause physical harm to a person who might later consume it.
What changed recently?
What Makes Food Unsafe — Food Act 2008 (WA) s. 12 was last updated on 19 October 2026.