ABSTRACT

The offence contained in s 7 requires intention to sell the food for human consumption. To determine whether the food is injurious to health, it is necessary to look not only at the probable effect on the health of the consumer, but also at the probable cumulative effect (s 7(2)). Food will not be ‘injurious’ just because ‘some exceptional individual is liable to have some particular injury done to his health’, but only if a substantial portion of the population is likely to be affected by it.1 This concept could, therefore, include food allergies or intolerance where the allergic reaction or intolerance is suffered by a significant number of people. Food will not be injurious to health if it causes an adverse reaction when consumed in abnormal or excessive quantities.