New South Wales Repealed Acts

This legislation has been repealed.

FOOD ACT 1989 - SECT 3

3 Definitions

(1) In this Act:
"advertisement" means:

(a) any words, whether written or spoken, or

(b) any pictorial representation or design, or

(c) any other representation by any means at all,

used or apparently used to promote directly or indirectly the sale or disposal of any food.
"analysis" includes any examination or testing of food for the purposes of this Act carried out by or under the supervision of an analyst.
"analyst" means a person for the time being holding office as an analyst for the purposes of this Act.
"appliance" means the whole or part of:

(a) any utensil, machinery, instrument, device, apparatus or article which is used, or designed or suitable or intended for use, in or in connection with the sale, manufacture, handling or consumption of food, or

(b) any utensil, machinery, instrument, device, apparatus or article which is used, or designed or suitable or intended for use, in cleaning anything which is an appliance by virtue of paragraph (a).

"consumers" means persons:

(a) to whom food is sold in the course of a business carried on by the person who sold the food, and

(b) who do not receive or seek to receive the food in connection with any business carried on by them relating to the sale of food.

"council" has the same meaning as in the Local Government Act 1993 .
"Director-General" means the Director-General of the Department of Health.
"food" means a substance or compound commonly used, or represented as being for use, as food or drink for human consumption or as an ingredient (whether or not after processing) of food or drink for human consumption or use, and includes:

(a) confectionery, and

(b) any spice, flavouring substance, essence, colouring matter or other ingredient whatever that enters into, or is used in, the composition or preparation of food or drink, and

(c) any substance or compound for the time being declared under this Act to be food.

"handling", in relation to food, means preparing, preserving, packing, storing, decorating, serving, conveying or delivering food.
"inspector" means a person for the time being holding office as an inspector for the purposes of this Act.
"package" includes anything in or by which goods for carriage or sale may be cased, covered, enclosed, contained or packed (and, in the case of goods carried or sold or intended for carriage or sale in more than one package, includes every such package).
"premises" includes any land (whether or not appurtenant to a building), any part of a building and any tent, stall or other structure.
"publish" means:

(a) insert in any newspaper, journal, magazine or other periodic publication printed or published in New South Wales, or

(b) send to any person by post or by any other means of delivering letters, or

(c) deliver to any person or leave on any premises, or

(d) broadcast by radio, or

(e) televise, or

(f) exhibit by means of posters, film or videotape, or

(g) bring to the notice of the public in New South Wales by any other means at all.

"retail trade" means trade with consumers.
"sell" includes:

(a) barter, offer or attempt to sell, receive for sale, have in possession for sale, expose for sale, send, forward or deliver for sale or cause or permit to be sold or offered for sale, and

(b) sell for resale.

"vehicle" means any means of transport, whether self-propelled or not, and whether used on land or sea or in the air, which is used or is capable of being used for the carriage or storage, or in connection with the sale, of food.
"vermin" includes rodents, reptiles, arachnids and insects of all descriptions.

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.