New South Wales Repealed Acts

This legislation has been repealed.

FOOD ACT 1989

- As at 10 September 2003
- Act 231 of 1989

TABLE OF PROVISIONS

           Long Title

   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

   39.     Analysis and certificates of analysis
   40.     Certificate of analysis to be evidence
   41.     Production of spare portion of sample
   42.     Copies of result of analyses
   43.     Analysis not to be referred to for trade purposes

   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)
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           Schedule 4 (Repealed)