Western Australian Numbered Acts

FOOD ACT 2008 (NO. 43 OF 2008) - SECT 12

12 .         Meaning of “unsafe” in relation to food

        (1)         For the purposes of this Act, food is "unsafe" at a particular time if it would be likely to cause physical harm to a person who might later consume it, assuming —

            (a)         it was, after that particular time and before being consumed by the person, properly subjected to all processes (if any) that are relevant to its reasonable intended use;

            (b)         nothing happened to it after that particular time and before being consumed by the person that would prevent it from being used for its reasonable intended use; and

            (c)         it was consumed by the person according to its reasonable intended use.

        (2)         However, food is not "unsafe" for the purposes of this Act merely because its inherent nutritional or chemical properties cause, or its inherent nature causes, adverse reactions only in persons with allergies or sensitivities that are not common to the majority of persons.

        (3)         In subsection (1) —

        “processes” include processes involving storage and preparation.