FOOD ACT 2003 - As at 13 January 2023 - Act 43 of 2003
- As at 13 January 2023 - Act 43 of 2003Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Objects of Act
- 4 Definitions
- 5 Meaning of "food"
- 6 Meaning of "food business"
- 7 Meaning of "primary food production"
- 8 Meaning of "unsafe" food
- 9 Meaning of "unsuitable" food 10. (Repealed)
- 11 Application of Act to water suppliers
- 12 Relationship to other laws
PART 2 - OFFENCES RELATING TO FOOD
Division 1 - Serious offences relating to food
Division 2 - Other offences relating to food
- 16 Handling and sale of unsafe food
- 17 Handling and sale of unsuitable food
- 18 Misleading conduct relating to sale of food
- 19 Sale of food not complying with purchaser's demand
- 20 Sale of unfit equipment or packaging or labelling material
- 21 Compliance with Food Standards Code
- 22 False descriptions of food
- 23 Application of provisions outside the State
Division 2A - Beef labelling
- 23A Beef labelling schemes
- 23B Misleading and deceptive conduct in relation to beef
- 23C False descriptions of beef
- 23D Exemptions for restaurants, take-away food shops and similar outlets
Division 3 - Defences
- 24 Defence relating to publication of advertisements
- 25 Defence in respect of food for export
- 26 Defence of due diligence
- 27 Defence of mistaken and reasonable belief not available
- 28 Defence in respect of handling food
- 29 Defence in respect of sale of unfit equipment or packaging or labelling material
PART 3 - EMERGENCY POWERS
- 30 Making of order
- 31 Nature of order
- 32 Special provisions relating to recall orders
- 33 Manner of making orders
- 34 Compensation
- 35 Failure to comply with emergency order
- 36 Limitation on stay of operation of emergency orders
PART 4 - INSPECTION AND SEIZURE POWERS
Division 1 - Inspection
- 37 Powers of authorised officers
- 38 Power of seizure
- 39 Search warrants
- 40 Failure to comply with requirements of authorised officers
- 41 Interfering with seized items
- 42 False information
- 43 Obstructing or impersonating authorised officers
- 43A Powers of authorised officers and food safety auditors may be exercised concurrently
Division 2 - Items seized by authorised officers
- 44 Seized items
- 45 Notification of seizure
- 46 Destruction of filthy, decomposed or putrid matter
- 47 Return of seized item
- 48 Forfeiture of item
- 49 Cost of destruction or disposal of forfeited item
- 50 Return of forfeited item
- 51 Compensation to be paid in certain circumstances
- 52 Application for order disallowing seizure
- 53 Enforcement agency entitled to answer application
- 54 Order disallowing seizure of item
- 55 Ancillary orders
- 56 Adjournment pending hearing of other proceedings
PART 5 - IMPROVEMENT NOTICES AND PROHIBITION ORDERS FOR PREMISES OR EQUIPMENT
- 57 Unclean or unfit premises, vehicles or equipment
- 58 Improvement notice
- 59 Compliance with improvement notice
- 60 Prohibition order
- 61 Scope of notices and orders
- 62 Notices and orders to contain certain information
- 63 Request for re-inspection
- 64 Contravention of prohibition order
- 65 Administrative review of decision to refuse certificate of clearance
- 66 Compensation
- 66AA Fee
PART 6 - TAKING AND ANALYSIS OF SAMPLES
Division 1 - Taking of samples
- 66A Application of Division
- 67 Proprietor to be informed
- 68 Payment for sample
- 69 Samples from vending machines
- 70 Packaged food
- 71 Procedure to be followed
- 72 Samples to be submitted for analysis
Division 2 - Procedures relating to analyses
- 73 Compliance with Food Standards Code
- 74 Certificate of analysis
Division 3 - Approval of laboratories
- 75 Approval of laboratories
- 76 Term of approval
- 77 Approved laboratory to give notice of certain interests
- 78 Variation of conditions or suspension or cancellation of approval of laboratory
- 79 Administrative review of decisions relating to approval
- 80 List of approved laboratories to be maintained
Division 4 - Approval of analysts
- 81 Approval of persons to carry out analyses
- 82 Term of approval
- 83 Approved analyst to give notice of certain interests
- 84 Variation of conditions or suspension or cancellation of approval of analyst
- 85 Administrative review of decisions relating to approval
- 86 List of approved analysts to be maintained
PART 7 - AUDITING
Division 1 - Approval of food safety auditors
- 87 Approval of food safety auditors
- 87A Beef labelling auditors
- 88 Term of approval
- 89 Food safety auditor to give notice of certain interests
- 90 Variation of conditions or suspension or cancellation of approval of auditor
- 91 Administrative review of decisions relating to approval
Division 2 - Auditing and reporting requirements
92. (Repealed)- 93 Priority classification system and frequency of auditing
- 94 Duties of food safety auditors
- 95 Reporting requirements
- 96 Redetermination of frequency of auditing
- 97 Certificates of authority of food safety auditors
- 98 List of food safety auditors to be maintained
- 99 Obstructing or impersonating food safety auditors
PART 8 - REGULATION OF FOOD BUSINESSES
Division 1 - Notification of conduct of food businesses
- 100 Notification of conduct of food businesses
- 101 Exemption in relation to notification of information
- 101A List of food businesses to be maintained
Division 2 - Food safety schemes
- 102 Regulations relating to establishment of food safety schemes
- 103 Consultation to be undertaken on regulations establishing food safety schemes
- 104 Offences relating to food safety schemes
- 105 Industry consultation
Division 3 - Requirements relating to food safety supervisors
- 106 Definitions
- 106A Application of Division to certain food
- 106B Food safety supervisors
- 106C Appointment of food safety supervisor for premises
- 106D Appointment of food safety supervisor for mobile catering business 106E, 106F. (Repealed)
- 106G Inspection of food safety supervisor certificates
- 106H Approval of registered training organisations to issue food safety supervisor certificates
- 106I Fees and charges payable under Division
- 106J Exemptions from operation of Division
Division 4 - Requirements relating to display of nutritional information for food
- 106K Definitions
- 106L Meaning of "standard food item"
- 106M Meaning of "standard food outlet"
- 106N Requirement for certain standard food outlets to display nutritional information
- 106O Voluntary display of nutritional information to meet certain requirements
- 106P Regulations relating to explanatory material about nutritional information
- 106Q Exemptions from operation of Division
- 106R 2012 review of Division and regulations under the Division
PART 9 - ADMINISTRATION
Division 1 - NSW Food Authority
- 107 Constitution of NSW Food Authority
- 108 Functions of Food Authority
- 109 Ministerial control of Food Authority
- 109A Staff
- 109B Use of consultants and contractors
- 109C Private corporations
- 109D Funding of private subsidiary corporations
- 109E Delegation
Division 2 - Enforcement agencies
- 110 Definitions
- 111 Appointment of enforcement agencies
- 111A Variation or revocation of appointment of enforcement agency
- 111B Conditions and limitations on exercise of functions by enforcement agencies
- 111C Guidelines relating to appointment of enforcement agencies
- 111D Functions of enforcement agencies in relation to this Act
- 112 Exercise of functions by enforcement agencies
- 113 Reports by enforcement agencies
- 113A Publication of information relating to enforcement agencies
Division 3 - Appointment of authorised officers
- 114 Appointment of authorised officers
- 115 Certificates of authority
Division 3A - Food Regulation Forum
Division 4 - Advisory committees
Division 5 - Finance
- 117A Food Authority Fund
- 117B Investment
- 117C Industry levies
- 117D Payment of penalties and fines into Food Authority Fund
PART 10 - PROCEDURAL AND EVIDENTIARY PROVISIONS
- 118 Nature of proceedings for offences
- 119 Time for instituting proceedings
- 120 Penalty notices
- 121 Offences by employers
- 122 Liability of directors etc for offences by corporation--offences attracting executive liability
- 122A Liability of directors etc for offences by corporation--accessory to the commission of the offences
- 122B Evidence as to state of mind of corporation
- 123 Liability of employees and agents
- 124 Alternative verdicts for serious food offences
- 125 No defence to allege deterioration of sample
- 126 Onus to prove certain matters on defendant
- 127 Presumptions
- 128 Certificate evidence and evidence of analysts
- 129 Power of court to order further analysis
- 130 Disclosure by witnesses
- 131 Court may order costs and expenses
- 132 Court may order corrective advertising
PART 10A - DISCLOSURE OF INFORMATION ABOUT OFFENCES AND ALLEGED OFFENCES
- 133 Register of offences
- 133A Register of information about penalty notices
- 133B Publication of information on registers
- 133C Correction of register
- 133D Removal of information from register
- 133E Addition of information to register
- 133F Applications for changes to register
- 133G Protection from liability (including defamation)
- 133H Privacy and personal information
PART 11 - MISCELLANEOUS
- 134 Protection from personal liability
- 135 Exclusion of liability of the State and others
- 136 Disclosure of certain confidential information
- 136A Certain information may be provided to and by Food Authority
- 137 Service of documents
- 137A Recovery of fees and charges
- 137B Authorised officers may perform functions under Commonwealth legislation
- 138 Act to bind Crown
- 139 Regulations
- 140 Temporary emergency regulations modifying the Code
- 141 Other regulations modifying the Code
- 142 Repeals 143. (Repealed)
- 144 Savings, transitional and other provisions Schedule 1 (Repealed)