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FOOD ACT 2003

- Act 8 of 2003 - Royal Assent 16 April 2003

Table of Provisions

Long Title

PART 1 - Preliminary

  • 1 Short title
  • 2 Commencement
  • 3 Objects of Act
  • 4 Interpretation
  • 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 water suppliers
  • 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

  • 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 Defence of mistaken but reasonable belief not available
  • 30 Onus on person to prove certain statements about food
  • 31 Alternative verdicts for serious food offences

PART 3 - Emergency powers

  • 32 Interpretation: Part 3
  • 33 Making of order
  • 34 Nature of order
  • 35 Special provisions relating to recall orders
  • 36 Manner of making orders
  • 37 Compensation
  • 38 Failure to comply with emergency order
  • 39 Limitation on stay of operation of emergency orders

PART 4 - Inspection and seizure powers Division 1 - Inspection

  • 40 Powers of authorised officers
  • 41 Search warrants
  • 42 Failure to comply with requirements of authorised officers
  • 43 False information
  • 44 Interfering with seized items
  • 45 Obstructing or impersonating authorised officers

Division 2 - Items seized by authorised officers

  • 46 Seized items
  • 47 Notification of seizure
  • 48 Destruction of filthy, decomposed or putrid matter
  • 49 Return of seized item
  • 50 Forfeiture of item
  • 51 Cost of destruction or disposal of forfeited item
  • 52 Return of forfeited item
  • 53 Compensation to be paid in certain circumstances
  • 54 Application for order disallowing seizure
  • 55 Enforcement agency entitled to answer application
  • 56 Order for return of seized item
  • 57 Ancillary orders
  • 58 Adjournment pending hearing of other proceedings

PART 5 - Improvement notices and prohibition orders

  • 59 Unclean or unfit premises, vehicles or equipment
  • 60 Improvement notice
  • 61 Compliance with improvement notice
  • 62 Prohibition order
  • 63 Scope of notices and orders
  • 64 Notices and orders to contain certain information
  • 65 Request for reinspection
  • 66 Contravention of improvement notice or prohibition order
  • 67 Review of decision to refuse certificate of clearance
  • 68 Compensation

PART 6 - Taking and analysis of samples Division 1 - Taking of

samples
  • 69 Proprietor to be informed
  • 70 Payment for sample
  • 71 Samples from vending machines
  • 72 Packaged food
  • 73 Procedure to be followed
  • 74 Samples to be submitted for analysis
  • 75 Analysis of food in certain cases

Division 2 - Procedures relating to analyses

  • 76 Compliance with Food Standards Code
  • 77 Certificate of analysis
  • 78 Accredited laboratory to give notice of certain interests

Division 3 -

.  .  .  .  .  .  .  .  
  • 78 Section 78
  • 79 Section 79
  • 80 Section 80
  • 81 Section 81
  • 82 Section 82
  • 83 Section 83

PART 6A - Auditing Division 1 - Approval of food safety auditors

  • 83A Approval of food safety auditors
  • 83B Term of approval
  • 83C Food safety auditor to give notice of certain interests
  • 83D Variation of conditions, or suspension or cancellation, of approval
  • of food safety auditor
  • 83E Review of decisions relating to approvals

Division 2 - Auditing and reporting requirements

  • 83F Interpretation
  • 83G Food safety programs and auditing requirements
  • 83H Priority classification system and frequency of auditing
  • 83I Duties of food safety auditors
  • 83J Reporting requirements
  • 83K Redetermination of frequency of auditing
  • 83L Certificates of authority of food safety auditors
  • 83M List of food safety auditors to be maintained
  • 83N Obstructing or impersonating food safety auditors

PART 7 - Notification and registration of food businesses

  • 84 Notification of conduct of food businesses
  • 85 Exemption in relation to notification of information
  • 86 Requirement to register food business
  • 87 Registration of food business
  • 88 Single certificate of registration for whole State
  • 89 Renewal of registration
  • 90 Term of registration
  • 91 Variation of conditions, or suspension or cancellation, of
  • registration of food businesses
  • 92 Registration not transferable
  • 93 Review of decisions relating to registration
  • 94 Register of food businesses to be maintained

PART 8 - Administration Division 1 - Director of Public Health

  • 95 General functions and powers of Director of Public Health
  • 96 Delegation by Director of Public Health

Division 2 - Councils

  • 97 Functions of councils
  • 98 Power of Director of Public Health to order council to perform
  • functions
  • 99 Power over wharves, &c.
  • 100 Reports by councils

Division 3 - Appointment of authorised officers

  • 101 Appointment of authorised officers
  • 102 Certificates of authority

PART 9 - Procedural and evidentiary provisions

  • 103 Nature of proceedings for offences
  • 104 Institution of proceedings
  • 105 Offences by employers
  • 106 Offences by bodies corporate
  • 107 Liability of employees and agents
  • 108 Defences relating to analysis
  • 109 Onus to prove certain matters on defendant
  • 110 Presumptions
  • 111 Certificate evidence and evidence of analysts
  • 112 Power of court to order further analysis
  • 113 Proceedings relating to third persons
  • 114 Disclosure by witnesses
  • 115 Court may order costs and expenses
  • 116 Court may order forfeiture
  • 117 Court may order corrective advertising

PART 10 - Infringement notices

  • 118 Infringement notices
  • 119 Section 119
  • 120 Section 120
  • 121 Section 121
  • 122 Section 122
  • 123 Payments to council or Public Account
  • 124 Section 124
  • 125 Section 125
  • 126 Section 126

PART 11 - Regulatory provisions

  • 127 Regulations
  • 128 Temporary emergency regulations
  • 129 Regulations of savings or transitional nature
  • 130 Council fees

PART 12 - Miscellaneous

  • 131 Protection from liability
  • 132 Bribery
  • 133 Food business database to be kept
  • 133A Disclosure of information
  • 134 Administration of Act
  • 135 Savings and transitional provisions
  • 136 Food Act 1998 repealed
  • 137 Section 137
  • SCHEDULE 1 SCHEDULE 2

    [ Note: This table has been automatically generated and may be incomplete. ]

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