New South Wales Repealed Acts

This legislation has been repealed.

FOOD PRODUCTION (SAFETY) ACT 1998 - SECT 3

3 Definitions

(1) In this Act:
"Advisory Committee" means the Safe Food Production Advisory Committee established under section 16.
"animal" includes bird or fish.
"authorised officer" means a person authorised to be an authorised officer as referred to in section 14.
"Chief Executive Officer" means the Chief Executive Officer of Safe Food.
"dairy product" means any food, not being milk, in the production of which:

(a) milk is used, or

(b) any substance produced from milk is used.

"equipment" means the whole or part of:

(a) any utensil, machinery, instrument, device, apparatus or article that is used, or designed or suitable or intended for use, in or in connection with the handling of primary produce or seafood, or

(b) any utensil, machinery, instrument, device, apparatus or article that is used, or designed or suitable or intended for use, in cleaning anything referred to in paragraph (a).

"exercise" a function includes perform a duty.
"food safety scheme" means a food safety scheme prescribed by regulations in accordance with Part 4.
"function" includes a power, authority or duty.
"handling" of primary produce or seafood includes the production, harvesting, collection, extraction, processing, storing or transporting of primary produce or seafood.
"meat" means the whole or any part of the carcase of an animal (other than a fish).
"milk" includes:

(a) any liquid, and

(b) any liquid of a class,

for the time being described in Schedule 2.
"primary produce" means:

(a) animals, animal products and anything containing animal products, intended for human consumption, or

(b) plants, plant products and anything containing plant products, intended for human consumption, or

(c) other substances or organisms harvested, collected, extracted or processed for human consumption, or

(d) any other thing intended for human consumption that is prescribed by the regulations for the purposes of this definition, or

(e) the following animals, or anything containing products from the following animals, intended for use as animal food:

(i) any horse, donkey, kangaroo, buffalo, deer, bull, ox, steer, cow, heifer, calf, ram, ewe, wether, lamb, goat, kid, swine or rabbit,

(ii) any other animal that the Minister, by order published in the Gazette, declares to be primary produce for the purposes of this paragraph,

but does not include seafood.
"private corporation" means a corporation within the meaning of the Corporations Act 2001 of the Commonwealth.
"private subsidiary corporation" means a private corporation in which either Safe Food or the New South Wales Dairy Industry Conference has a controlling interest.
"relevant Ministers" means:

(a) the Minister administering the Food Act 2003 , and

(b) the Minister administering the Fisheries Management Act 1994 .

"retail premises" means premises on which primary produce or seafood is sold by retail.
"retail vehicles" means vehicles on or from which primary produce or seafood is sold by retail.
"Safe Food" means Safe Food Production NSW constituted by this Act.
"seafood" means any of the following intended for human consumption:

(a) marine, estuarine or freshwater fish or other aquatic animal life,

(b) aquatic plant life,

(c) any other aquatic organisms,

(d) any products of, or anything containing products of, fish, animal life, plant life or organisms referred to in paragraphs (a)-(c).

"sell" means sell by wholesale or retail, and includes supply for profit, 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, suffer or permit to be sold or offered for sale.
"sell by retail" means sell otherwise than by wholesale.
"sell by wholesale" means sell for the purpose of resale.
"vehicle" means any means of transport, whether self-propelled or not, and whether used on land or sea or in the air.

(2) In this Act, a reference to primary produce or seafood that is "safe for human consumption" is a reference to primary produce or seafood that is not likely to cause harm to a person who consumes it when it is prepared, stored or consumed according to its reasonable intended use.