South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"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 of food;
"analysis" includes any examination or testing of food or any other thing;
"animal" includes an amphibian, bird, crustacean, fish, mollusc or reptile;
"appropriate enforcement agency" means, in relation to the provision in which
the expression is used, the enforcement agency prescribed by the regulations
for the purposes of that provision;
"appropriate review body" means the Administrative and Disciplinary Division
of the District Court;
"approved analyst" means a person approved under Division 4 of Part 6;
"approved form" means the form approved from time to time by the
relevant authority;
"approved laboratory" means a laboratory approved under Division 3 of Part 6;
"Australia New Zealand Food Authority" means the Australia New
Zealand Food Authority constituted by the Australia New Zealand Food Authority
Act 1991 of the Commonwealth;
"authorised officer" means a person appointed under Division 3 of Part 9;
"business day" means a day that is not a Saturday, Sunday or Public Holiday;
"council" means—
(a) a
council under the Local Government Act 1999 ; or
(b) a
body established by a council or councils under the Local Government
Act 1999 ;
"enforcement agency" means—
(a) the
relevant authority; or
(b) any
person or body, or a person or body within a class of persons or bodies,
prescribed by the regulations for the purposes of this definition;
"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 given by section 5;
"food business" has the meaning given by section 6;
"food safety auditor" means a person approved under Division 1 of Part 7;
"Food Safety Standards" means the standards contained in Chapter 3 of the
Food Standards Code;
"Food Standards Code" means the Australia New Zealand Food Standards Code as
defined in the Australia New Zealand Food Authority Act 1991 of the
Commonwealth, as adopted or incorporated by the regulations;
"food transport vehicle" means a vehicle used for the transport of food for
sale (or of food ultimately intended for sale);
"handling" of food includes the making, manufacturing, producing, collecting,
extracting, processing, storing, transporting, delivering, preparing,
treating, preserving, packing, cooking, thawing, serving or displaying of
food;
"head of an enforcement agency" means the person prescribed by the regulations
as the head of an enforcement agency for the purposes of this definition;
"improvement notice" means an improvement notice issued under Part 5;
"this jurisdiction" means the State of South Australia;
"label" includes any 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;
"LGA" means the Local Government Association of South Australia;
"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,
in the case of food 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); or
(b) the
whole or any part of a building, tent, stall or other structure (whether of a
permanent or temporary nature); or
(c) a
pontoon; or
(d) a
vehicle (other than a food transport vehicle while it is engaged in the
transport of food);
"primary food production" has the meaning given by section 7;
"prohibition order" means a prohibition order made under Part 5;
"proprietor" of 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 the
food business;
"public institution" means an institution, or an institution within a class of
institutions, prescribed by the regulations for the purposes of this
definition;
"recall order" means an order under Part 3 requiring the recall or disposal,
or both, of any food;
"record" means a record of any kind, including a disk, tape or other article
from which information is capable of being reproduced (with or without the aid
of another article or device);
"relevant authority" means the Minister and includes, if the regulations so
provide in relation to a provision in which the expression is used, a person
or body, or a person or body within a class of persons or bodies, prescribed
by the regulations for the purposes of that provision;
"sell" includes—
(a)
barter, offer or attempt to sell; or
(b)
receive for sale; or
(c) have
in possession for sale; or
(d)
display for sale; or
(e)
cause or permit to be sold or offered for sale; or
(f)
send, forward or deliver for sale; or
(g)
dispose of by any method for valuable consideration; or
(h)
dispose of to an agent for sale on consignment; or
(i)
provide under a contract of service; or
(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; or
(k)
dispose of by way of raffle, lottery or other game of chance; or
(l)
offer as a prize or reward; or
(m) give
away for the purpose of advertisement or in furtherance of trade or business;
or
(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; or
(o)
supply food (whether or not for consideration) in the course of providing
services to patients or inmates in public institutions; or
(p) sell
for the purpose of resale;
"unsafe" has the meaning given by section 8;
"unsuitable" has the meaning given by section 9;
"vehicle" means any means of transport, whether self-propelled or not, and
whether used on land or sea or in the air.
(2) For the purposes
of 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.
(3) Notes included in
this Act are explanatory notes and do not form part of this Act.