FOOD ACT 1989 - As at 10 September 2003 - Act 231 of 1989
- As at 10 September 2003
- Act 231 of 1989
Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Definitions
- 4 Certain substances and compounds to be regarded as food
- 5 Certain transactions to be regarded as sales
- 6 Food for human consumption or use
- 7 Food or appliances offered as prizes etc
- 8 Adulteration or false description
PART 2 - UNLAWFUL PRACTICES
- 9 Preparation or sale of adulterated or sub-standard food
- 10 Sale not complying with purchaser's demand
- 11 Tender or dispatch of food etc adulterated or falsely described
- 12 Sale of food wrongly packed
- 13 Food or food packages to be correctly labelled
- 14 False advertising of food
PART 3 - INSPECTION AND ANALYSIS
Division 1 - Inspectors' powers
- 15 Powers of entry and inspection
- 16 Power of seizure
- 17 Requiring of information
- 18 Search warrant
Division 2 - Items seized by inspectors
- 19 Definition
- 20 Seized items
- 21 Return of seized item
- 22 Forfeiture of item
- 23 Cost of destruction or disposal of forfeited item
- 24 Return of forfeited item
- 25 Destruction of noxious material
- 26 Applications
- 27 Authorities entitled to answer the application
- 28 Order disallowing seizure
- 29 Ancillary orders
- 30 Adjournment pending hearing of other proceedings
Division 3 - Procedure on taking samples
- 31 Owner of sample to be informed
- 32 Payment to be made or tendered
- 33 Procedure to be followed
- 34 Packaged food
- 35 Tendering of sample portion
- 36 Samples from vending machines
- 37 Submission of samples etc for analysis
- 38 Duty of inspector to obtain sample for analysis on request
Division 4 - Analysis of samples
PART 4 - PARTICULAR POWERS OF THE DIRECTOR-GENERAL
Division 1 - Orders controlling food production etc
- 44 Making of order
- 45 Nature of order
- 46 Manner of making orders
- 47 Reviews by Administrative Decisions Tribunal of Director-General's order
48. (Repealed)
- 49 Failure to comply with Director-General's directions
Division 2 - Closure of dirty food stores etc
- 50 Definitions
- 51 Clean-up notice
- 52 Order for closure
- 53 Request for re-inspection
- 54 Contravention of order for closure
- 55 Scope of notices and orders
- 56 Review by Administrative Decisions Tribunal of order
PART 5 - LEGAL PROCEDURES AND ENFORCEMENT
- 57 Prosecutions
- 58 Time limit for certain prosecutions
- 59 Assault on inspector
- 60 Obstruction of inspector in exercise of functions
- 61 Liability of person named on package
- 62 Interference with official marks, fastenings and seals
- 63 Presumptions
- 64 Publication of advertisements
- 65 Service of copy of analyst's certificate
- 66 Evidence of copies etc of records
- 67 Source of information or reports
- 68 Authenticity of notices etc of the Director-General
- 69 Copies of certain informations etc to be forwarded to Director-General
- 70 Warranties pleaded as a defence
- 71 Warrantor entitled to appear
- 72 False warranties
- 73 Liability of employers
- 74 Liability of employees and agents
- 75 Notice of defence
- 76 Offences by corporations
PART 6 - ADMINISTRATION
- 77 Food Advisory Committee
- 78 Functions of the committee
- 79 Appointment and powers of inspectors
- 80 Control of council appointments
- 81 Appointment of Departmental and other analysts
- 82 Analysts of local authorities
- 83 Disqualification of analyst for contravention of Act etc
- 84 Costs of analysis
- 85 Liability of Minister and others
- 86 Inspectors etc not to disclose information relating to manufacturing processes and trade secrets
PART 7 - MISCELLANEOUS
- 87 The Crown bound by this Act
- 88 Relationship to other laws
- 89 Publication of names of offenders
- 90 Regulations
PART 8 - REPEAL AND AMENDMENTS
- 91 Repeal of Pure Food Act 1908 No 31
- 92 Savings and transitional provisions
93. (Repealed)
