New South Wales Consolidated Acts

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FOOD ACT 2003

- As at 7 July 2017
- Act 43 of 2003

TABLE OF PROVISIONS

           Long Title

   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     (Repealed)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

   13.     Handling of food in unsafe manner
   14.     Sale of unsafe food
   15.     False description of 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.   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

   115A.   Food Regulation Forum
   115B.   Functions of Food Regulation Forum

           Division 4 - Advisory committees

   116.    Establishment of advisory committees
   117.    Functions of 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)
           SCHEDULE 2


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