FOOD ACT 2001
Table of Provisions
PART 1--PRELIMINARY
- 1 Name of Act
- 3 Objects of Act
- 4 Dictionary
- 5 Notes
- 5A Offences against Act—application of Criminal Code etc
- 6 Application of Act to primary food production
- 7 Application of Act to water suppliers
- 7A Application of Act to certain food businesses
PART 2--KEY CONCEPTS
- 8 Meaning of food
- 9 Meaning of sell etc
- 10 Meaning of food business
- 11 Meaning of primary food production
- 12 Meaning of unsafe food
- 13 Meaning of unsuitable food
- 13A Meaning of food standards code
PART 3--OFFENCES RELATING TO FOOD
Division 3.1--Preliminary
Division 3.2--Serious offences relating to food
- 16 Knowingly handling food in unsafe way
- 17 Knowingly selling unsafe food
- 18 Knowingly describing food falsely
Division 3.3--Other offences relating to food
- 19 Negligently handling food in unsafe way
- 20 Negligently selling unsafe food
- 21 Negligently describing food falsely
- 22 Handling and sale of unsafe food
- 23 Handling and sale of unsuitable food
- 24 Misleading conduct relating to sale of food
- 25 Sale of food not complying with purchaser's demand
- 26 Sale of unfit equipment or packaging or labelling material
- 27 Compliance with food standards code
Division 3.4--Defences
- 28 Defence relating to publication of advertisements
- 29 Defence relating to food for export
- 30 Defence of appropriate diligence
- 31 Defence in relation to handling food
- 32 Defence in relation to sale of unfit equipment or packaging or labelling
Division 3.5--Other matters
- 34 Onus on defendant to prove certain statements about food
- 35 Alternative verdicts for handling food in unsafe way
- 36 Alternative verdicts for selling unsafe food
PART 4--EMERGENCY POWERS
- 37 Definitions for pt 4
- 38 Making of emergency orders
- 39 Nature of emergency orders
- 40 Special provisions relating to recall orders
- 41 How orders are made
- 42 Operation of emergency orders
- 43 Contravening emergency order
- 44 Compensation for emergency order
PART 5--INSPECTION AND SEIZURE POWERS
Division 5.1--General
- 45 Definitions for pt 5
Division 5.2--Powers of authorised officers generally
- 46 Power to enter premises
- 47 Production of identity card
- 48 Consent to entry
- 49 Warrants
- 50 Warrants—application made other than in person
- 51 General powers of authorised officers
- 52 Power to seize things
- 53 Power to destroy decomposed food etc
- 54 Power to require name and address
Division 5.3--Return and forfeiture of things seized
- 55 Receipt for things seized
- 56 Access to things seized
- 57 Return of things seized
- 58 Application for order disallowing seizure
- 59 Order for return of seized thing
- 60 Adjournment pending hearing of other proceedings
- 61 Forfeiture of seized things
- 62 Return of forfeited things
- 63 Cost of disposal of things forfeited
Division 5.4--Miscellaneous
PART 6--TAKING AND ANALYSIS OF FOOD SAMPLES
- 72 Samples for routine monitoring of Act
- 73 Other samples—proprietor to be told sample to be analysed
- 74 Payment for samples
- 75 Samples from packaged food
- 76 Procedures for dividing food samples
- 77 Analysis to comply with food standards code
- 78 Certificates of analysis by authorised analysts
PART 7--IMPROVEMENT NOTICES AND PROHIBITION ORDERS
- 79 Service of improvement notices
- 80 Contents of improvement notices
- 81 Compliance with improvement notices
- 82 Service of prohibition orders
- 83 Contents of prohibition orders
- 84 Scope of improvement notices and prohibition orders
- 84A Display of closure notices
- 84B Contents of closure notices
- 84C Proprietor to maintain closure notice
- 85 Request for reinspection
- 86 Clearance certificates
- 87 Contravention of improvement notices and prohibition orders
- 88 Compensation for prohibition order
PART 8--REGISTRATION OF FOOD BUSINESSES
- 89 Offence—food business not registered or exempt
- 90 Food businesses exempt from registration
- 91 Regulated events
- 92 Registration of food businesses
- 93 Renewal of registration
- 94 Issue or amendment of registration subject to conditions
- 95 Registered food businesses—procedure for imposition etc of conditions on chief health
- 96 Certificate of registration
- 97 Change in details of registration or operation of food business
- 98 Replacement of certificates of registration
- 98A Registration certificate must be displayed
- 99 Food business to be conducted in accordance with registration
- 100 Action that may be taken in relation to registration of food
- 101 Procedure for taking action in relation to registration
- 102 Immediate suspension of registration
- 103 Return of certificate of registration
- 104 Surrender of registration
- 105 Food business register
- 106 Publication and inspection of food business register
PART 9--DISPLAY OF NUTRITIONAL INFORMATION FOR FOOD
- 107 Definitions—pt 9
- 108 Meaning of standard food item—pt 9
- 109 Meaning of standard food outlet
- 110 Certain standard food outlets to display nutritional information
- 111 Voluntary display of nutritional information to meet certain
- 112 Commencement of regulation made for s 110 or s 111
- 113 Display or distribution of explanatory material etc about nutritional
- 114 Exemptions from pt 9
PART 9A--FOOD SAFETY SUPERVISORS
- 116 Definitions—pt 9A
- 117 Registered food business to have food safety supervisor
- 118 Proprietor of registered food business may be food safety supervisor
- 119 Food safety training approval guidelines
- 120 Exemptions—pt 9A
PART 10--PROCEDURAL AND EVIDENTIARY PROVISIONS
- 126 Liability of employees and agents
- 127 Acts and omissions of representatives
- 128 Offences by corporations
- 129 Right of defendant to have third person before court
- 130 Alternative defendants
- 131 Renewal or amendment of registration not to affect prosecution
- 132 Presumptions
- 133 Certificate evidence etc
- 135 Admissibility of analysis of food sample taken by authorised officer
- 136 No defence to claim deterioration of sample
- 137 Power of court to order further analysis
- 138 Disclosure by witnesses
- 139 Court may order costs and expenses
- 140 Court may order forfeiture
- 141 Court may order corrective advertising
PART 11--NOTIFICATION AND REVIEW OF DECISIONS
- 141A Meaning of reviewable decision—pt 11
- 141B Reviewable decision notices
- 141C Applications for review