Northern Territory Consolidated Acts

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FOOD ACT - SECT 6

Definitions

6. Definitions

In this Act, unless the contrary intention appears -

"advertisement" means -

(a) any words, whether written or spoken;

(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 of food;

"analysis" means an analysis for the purposes of this Act and includes any examination or testing of food or any other matter or substance;

"animal" includes an amphibian, bird, crustacean, fish, mollusc or reptile;

"approved analyst" means a person approved to carry out analyses under Part 8, Division 3;

"approved form" means a form approved from time to time by the Chief Health Officer;

"authorised officer" means a person appointed under Part 4, Division 3;

"chief executive", in relation to an enforcement agency, means -

(a) if the enforcement agency is a body - the person responsible for the daily conduct of the affairs of the enforcement agency; or

(b) if the enforcement agency is a natural person - that person;

"Chief Health Officer" has the same meaning as in the Public Health Act ;

"emergency order" means an order made under Part 5;

"enforcement agency" means -

(a) the Chief Health Officer; or

(b) a person or body appointed to be an enforcement agency under section 33;

"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);

"examine" includes weigh, count, test or measure;

"food" has the meaning in section 7;

"food business" has the meaning in section 8;

"food safety auditor" means a person approved under the Regulations to carry out audits of food safety programs and assessments of food businesses;

"food safety program" has the same meaning as in Standard 3.2.1 of the Food Standards Code;

"Food Safety Standards" means the standards contained in Chapter 3 of the Food Standards Code;

"Food Standards Australia New Zealand" has the same meaning as in the Food Standards Australia New Zealand Act 1991 of the Commonwealth;

"Food Standards Code" means the Australia New Zealand Food Standards Code within the meaning of the Food Standards Australia New Zealand Act 1991 of the Commonwealth;

"food transport vehicle" means a vehicle used for the transport of food for sale;

"handling", in relation to food, includes making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving and displaying food;

"improvement notice" means an improvement notice issued under section 100;

"label" includes a 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, if food is 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);

(b) the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature);

(c) a pontoon; and

(d) a vehicle (other than a food transport vehicle that is engaged in the transport of food);

"primary food production" has the meaning in section 9;

"prohibition order" means a prohibition order issued under section 104;

"proprietor", in relation to a food business, means -

(a) the person carrying on the food business; or

(b) if that person cannot be identified - the person in charge of or apparently in charge of the food business;

"recall order" means an emergency order that requires a person or a class of persons to recall or dispose of food;

"registered food business" means a food business in respect of which registration has been granted under section 72 or renewed under section 75;

"registration", in relation to a food business, means registration granted under section 72 or renewed under section 75;

"sell" includes -

(a) barter, offer or attempt to sell;

(b) receive for sale;

(c) have in possession for sale;

(d) display for sale;

(e) cause or permit to be sold or offered for sale;

(f) send, forward or deliver for sale;

(g) dispose of by any method for valuable consideration;

(h) dispose of to an agent for sale on consignment;

(i) provide under a contract of service;

(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;

(k) dispose of by way of raffle, lottery or other game of chance;

(l) offer as a prize or reward;

(m) give away for the purpose of advertisement or in furtherance of trade or business;

(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;

(o) supply food (whether or not for consideration) in the course of providing services to patients or inmates in public institutions; and

(p) sell for the purpose of resale;

"unsafe" has the meaning in section 10;

"unsuitable" has the meaning in section 11;

"vehicle" means any means of transport, whether self-propelled or not, and whether used on land or sea or in the air.



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