FOOD ACT 2001

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Objects of Act
• 4 Definitions
• 5 Meaning of food
• 6 Meaning of food business
• 7 Meaning of primary food production
• 8 Meaning of unsafe food
• 9 Meaning of unsuitable food
• 10 Application of Act to primary food production
• 11 Application of Act to drinking water
• 12 Act binds Crown

PART 2--Offences relating to food

Division 1--Serious offences relating to food

• 13 Handling of food in unsafe manner
• 14 Sale of unsafe food
• 15 False description of food

Division 2--Other offences relating to food

• 16 Handling and sale of unsafe food
• 17 Handling and sale of unsuitable food
• 18 Misleading conduct relating to sale of food
• 19 Sale of food not complying with purchaser's demand
• 20 Sale of unfit equipment or packaging or labelling material
• 21 Compliance with Food Standards Code
• 22 False descriptions of food
• 23 Application of provisions outside jurisdiction

Division 3--Defences and nature of offences

• 24 Defence relating to publication of advertisements
• 25 Defence in respect of food for export
• 26 Defence of due diligence
• 27 Defence in respect of handling food
• 28 Defence in respect of sale of unfit equipment or packaging or labelling material
• 29 Nature of offences
• 30 Alternative verdicts for serious food offences

PART 3--Emergency powers

• 31 Making of order
• 32 Nature of order
• 33 Special provisions relating to recall orders
• 34 Manner of making orders
• 35 Review of order
• 36 Failure to comply with emergency order

PART 4--Inspection and seizure powers

Division 1--Inspection

• 37 Powers of authorised officers
• 38 Search warrants
• 39 Failure to comply with requirements of authorised officers
• 40 False information
• 41 Obstructing or impersonating authorised officers

Division 2--Seizure

• 42 Seizure

PART 5--Improvement notices and prohibition orders

• 43 Unclean or unfit premises, vehicles or equipment
• 44 Improvement notice
• 45 Compliance with improvement notice
• 46 Prohibition order
• 47 Scope of notices and orders
• 48 Notices and orders to contain certain information
• 49 Request for re-inspection
• 50 Contravention of improvement notice or prohibition order
• 51 Review of decision to refuse certificate of clearance
• 52 Review of order

PART 6--Taking and analysis of samples

Division 1--Taking of samples

• 53 Proprietor to be informed
• 54 Payment for sample
• 55 Samples from vending machines
• 56 Packaged food
• 57 Procedure to be followed
• 58 Samples to be submitted for analysis

Division 2--Procedures relating to analyses

• 59 Compliance with Food Standards Code
• 60 Certificate of analysis

Division 3--Approval of laboratories

• 61 Approval of laboratories
• 62 Term of approval
• 63 Approved laboratory to give notice of certain interests
• 64 Variation of conditions or suspension or cancellation of approval of laboratory
• 65 Review of decisions relating to approval
• 66 List of approved laboratories to be maintained

Division 4--Approval of analysts

• 67 Approval of persons to carry out analyses
• 68 Term of approval
• 69 Approved analyst to give notice of certain interests
• 70 Variation of conditions or suspension or cancellation of approval of analyst
• 71 Review of decisions relating to approval
• 72 List of approved analysts to be maintained

PART 7--Auditing

Division 1--Approval of food safety auditors

• 73 Approval of food safety auditors
• 74 Term of approval
• 75 Food safety auditor to give notice of certain interests
• 76 Variation of conditions or suspension or cancellation of approval of auditor
• 77 Review of decisions relating to approvals

Division 2--Auditing and reporting requirements

• 78 Food safety programs and auditing requirements
• 79 Priority classification system and frequency of auditing
• 80 Duties of food safety auditors
• 81 Reporting requirements
• 82 Redetermination of frequency of auditing
• 83 Certificates of authority of food safety auditors
• 84 List of food safety auditors to be maintained
• 85 Obstructing or impersonating food safety auditors

PART 8--Notification of food businesses

• 86 Notification of food businesses

PART 9--Administration

Division 1--Relevant authority

• 87 Provision relating to functions
• 88 Delegations by relevant authority

Division 2--Functions of enforcement agencies

• 89 Functions of enforcement agencies in relation to this Act
• 90 Conditions on exercise of functions by enforcement agencies
• 91 Delegations by enforcement agency
• 92 Exercise of functions by enforcement agencies
• 93 Reports by enforcement agencies

Division 3--Appointment of authorised officers

• 94 Appointment of authorised officers
• 95 Certificates of authority

Division 4--Agreement and consultation with local government sector on administration and enforcement of Act

• 96 Agreement and consultation with local government sector

PART 10--Procedural and evidentiary provisions

• 97 Offences by employers
• 98 Offences by bodies corporate
• 99 Liability of employees and agents
• 100 No defence to allege deterioration of sample
• 101 Onus to prove certain matters on defendant
• 102 Presumptions
• 103 Certificate evidence and evidence of analysts
• 104 Power of court to order further analysis
• 105 Court may order costs and expenses
• 106 Court may order forfeiture
• 107 Court may order corrective advertising

PART 11--Miscellaneous

• 108 Special power of exemption
• 109 Annual report
• 110 Protection from liability
• 111 Disclosure of certain confidential information
• 112 Disclosure of certain information
• 113 Regulations
• 115 Savings and transitional regulations
Legislative history The Parliament of South Australia enacts as follows: