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Legal Institutions - Compulsory Assignment 2

On 28 January 2017 the Good Food Act 2017 (Cth) received Royal Assent. 

It provides in part as follows:

1. Long Title

An Act to regulate the freshness and quality of food prepared by restaurants in Australia.

2. Definitions

“eating establishments” means any restaurant, café, coffee shop or any other business. 

“food” means items which are prepared for human consumption. 

“stale” includes where food is substandard due to poor packaging.

“taken away” means any transportation, removal, transferal or any other movement.

3. Objects

The object of this legislation is to ensure that 

• citizens and visitors eat good food in all eating establishments without endangering health; and
• food preparation is carried with a focus upon quality and freshness.

4. Contaminated food

(1)  It shall be an offence for any person to serve food which is contaminated, adulterated, stale or is otherwise spoilt.  

(2) This section only applies to food consumed at eating establishments and does not apply when food is taken away.

During the passing of the Bill through the House of Representatives the Minister for Food commented:

“The Good Food Bill is intended to protect the health of Australian citizens and visitors and to promote the economy of our vibrant state.  This government wants to transform Australia as the ‘country to eat’ – we will do this by encouraging sustainable use of food while protecting healthy eating outcomes. This bill is designed to ensure that unnecessary food waste is eliminated – food should only be thrown out where it is clear that it will cause poor health outcomes.  For example, if food is out of date yet safe to eat then it may be served.”

Madge is a chef.  Madge believes in sustainability and she also has a long running desire to help those less fortunate than herself.  She decides that she can best help the planet and the unfortunate by running a soup kitchen for the homeless.  On 4 May 2017 she established a soup kitchen in Rose Bay in Sydney and served her first free pea and ham soup to the homeless that day.  

Madge decides to help the planet by serving food which is past its ‘best use by’ date.  Otherwise she will have to throw it away.  One of her major donors provides her with canned goods often past their best.

KK Ltd is established in Victoria. It is the major donor that provides Madge with the expired cans.  KK Ltd has been given expert advice to the effect that while canned goods may be date stamped they actually never expire.   KK Ltd is pleased that Madge’s soup kitchen exists otherwise they will throw the food away. 

Julian runs a pastry shop in Perth.  He has a section called ‘nibble for free’ where patrons can take a sample to try of various pastries before they decide to purchase.  On the 5th April 2018 a pastry is sold by Julian, the customer who bought it had left the shop and was halfway home to the next suburb when they bit into the pastry and found pieces of aluminium in it. 

Madge, KK Ltd and Julian have all been charged with a breach of section 4.   

Advise each of them.