used or apparently used to promote, directly or indirectly, the
sale of food.
"analysis" includes any examination or testing of food or any other thing.
"animal" includes an amphibian, bird, crustacean, fish, mollusc or reptile.
"appropriate enforcement agency" means, in relation to the provision in which
the expression is used, the enforcement agency prescribed by the regulations
for the purposes of that provision.
"approved analyst" means a person approved under Division 4 of Part 6.
"approved form" means the form approved from time to time by the
Food Authority.
"approved laboratory" means a laboratory approved under Division 3 of Part 6.
(b) a relevant body
appointed as an enforcement agency under Division 2 of Part 9, or
(c) any
person or body, or a person or body within a class of persons or bodies,
prescribed by the regulations for the purposes of this definition (other than
a relevant body within the meaning of Division 2 of Part 9).
"equipment" means the whole or part of--
(a) any utensil, machinery,
instrument, device, apparatus or appliance that is used, or that is designed
or intended for use, in or in connection with the handling of food, or
(b)
any substance, utensil, machinery, instrument, device, apparatus or appliance
that is used, or that is designed or intended for use, in cleaning anything
referred to in paragraph (a).
"Food Authority" means the NSW Food Authority constituted under Part 9.
"Food Authority Fund" means the fund established under section 117A.
"food business" has the meaning given by section 6.
"food safety auditor" means a member of staff of the Food Authority authorised
under Division 1 of Part 7, or another person approved under that Division, to
be a food safety auditor.
"food safety scheme" means a food safety scheme prescribed by the regulations
in accordance with Part 8.
"Food Safety Standards" means the standards contained in Chapter 3 of the
Food Standards Code.
"handling of food" includes the making, manufacturing, producing, collecting,
extracting, processing, storing, transporting, delivering, preparing,
treating, preserving, packing, cooking, thawing, serving or displaying of
food.
"label" includes any tag, brand, mark or statement in writing or any
representation or design or other descriptive matter on or attached to or used
or displayed in connection with or accompanying any food or package.
"package" includes any container or wrapper in or by which food intended for
sale is wholly or partly encased, covered, enclosed, contained or packed and,
in the case of food carried or sold or intended to be carried or sold in more
than one package, includes every such package.
"premises" includes--
(a) land (whether or not vacant), or
(b) the whole or
any part of a building, tent, stall or other structure (whether of a permanent
or temporary nature), or
(e)
cause or permit to be sold or offered for sale, or
(f) send, forward or
deliver for sale, or
(g) dispose of by any method for valuable consideration,
or
(h) dispose of to an agent for sale on consignment, or
(i) provide under
a contract of service, or
(j) supply food as a meal or part of a meal to an
employee, in accordance with a term of an award governing the employment of
the employee or a term of the employee's contract of service, for consumption
by the employee at the employee's place of work, or
(k) dispose of by way of
raffle, lottery or other game of chance, or
(l) offer as a prize or reward,
or
(m) give away for the purpose of advertisement or in furtherance of trade
or business, or
(n) supply food under a contract (whether or not the contract
is made with the consumer of the food), together with accommodation, service
or entertainment, in consideration of an inclusive charge for the food
supplied and the accommodation, service or entertainment, or
"vehicle" means any means of transport, whether self-propelled or not, and
whether used on land or sea or in the air.
(2) For the purposes of this Act,
food or equipment that is displayed for the purpose of being offered as a
prize or reward or given away for the purpose of advertisement or in the
furtherance of trade or business is taken to have been displayed for sale by
the owner of the food or equipment.
(3) Notes included in this Act do not
form part of this Act.
