Queensland Consolidated Acts

FOOD ACT 2006 - SECT 19

(1) Sell includes--

(a) barter, offer or attempt to sell; and

(b) receive for sale; and

(c) have in possession for sale; and

(d) display for sale; and

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

(f) send, forward or deliver for sale; and

(g) dispose of in any way for valuable consideration; and

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

(i) provide under a contract of service; and

(j) in relation to food, supply the food as a meal or part of a meal to an employee, under 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; and

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

(l) offer as a prize or reward; and

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

(n) in relation to food, supply the 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; and

(o) in relation to food, give the food away, from a food business, to a person; and

(p) sell for the purpose of resale.

(2) However, sell does not include, in relation to food--

(a) prepare the food at a private residence, and supply it at the residence, to a person employed at the residence for consumption by the person; or

Example--

preparing and supplying meals to a live-in gardener or housekeeper

(b) prepare the food at a private residence and supply it at the residence for a fee.

Examples--

preparing and supplying food at a family home to a student boarding in the home

preparing and supplying food at the home of a person with a disability as part of a home support service for the person

(3) For this Act, food or equipment that is displayed for the purpose of being offered as a prize or reward, or given away for the purpose of advertisement or in the furtherance of trade or business, is taken to have been displayed for sale by the owner of the food or equipment.

(4) In this section--

bed and breakfast facility means premises from which a food business providing accommodation and breakfast for guests is carried on, if the person who carries on the business lives at the premises.

farmstay premises means premises on a farm, other than a bed and breakfast facility, at which paying guests of the farm are given food and accommodation.

private residence does not include the following--

(a) premises in which a residential service under the Residential Services (Accreditation) Act 2002 is conducted;

(b) premises in which residential care within the meaning of the Aged Care Act 1997 (Cwlth) is provided;

(c) farmstay premises;

(d) a bed and breakfast facility.