(3) The losses referred to in subsection (1) are the following losses arising as a direct result of compliance with the food safety order or as a direct result of the exercise of a power under section 37(1) in relation to the food safety order—
- (a) total or partial loss of the food that is the subject of the order and that—
- (i) has been destroyed or otherwise disposed of;
- (ii) is no longer fit for human consumption; or
- (iii) is depreciated in value;
- (b) costs or expenditure actually and directly incurred.
(4) The amount of compensation recoverable—
- (a) in relation to a loss of a kind set out in subsection (3)(a), must not exceed the market value of the food immediately before the time of making the food safety order or immediately before the time of the variation, as the case may be; and
- (b) in relation to a loss of a kind set out in subsection (3)(b), must not exceed the actual amount of the costs or expenditure incurred.
(5) An application under subsection (1) may be made—
- (a) to the Small Claims Tribunal, for claims up to the maximum jurisdiction of the Tribunal; or
- (b) to the District Court, irrespective of the amount claimed.
37. Seizure, marking or destruction of food
(1) If it appears to an authorized officer that a term of a food safety order has been contravened by a person bound by the order in respect of any food, the officer may—
- (a) seize and remove from the person any of the food or any package in which it is contained;
- (b) affix to any of the food that is in the person’s possession a mark, seal or other designation; or
- (c) destroy or otherwise dispose of any of the food that is in the person’s possession or cause it to be destroyed or otherwise disposed of.
(2) The Director may, in a court of competent jurisdiction, recover from a person referred to in subsection (1) any reasonable costs incurred under subsection (1)(a), (b) or (c) as if those costs were a debt due to the Director from that person.
(3) Before an authorized officer destroys or otherwise disposes of any food or causes any food to be destroyed or otherwise disposed of under subsection (1)(c), the authorized officer must record a description and other details that are sufficient to identify the food.
