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FOOD ACT 1984


TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objects of Act  
   4.      Definitions  
   4A.     Meaning of food  
   4B.     Meaning of food business  
   4C.     Meaning of primary food production  
   4D.     Meaning of unsafe food  
   4E.     Meaning of unsuitable food  
   4F.     Reference to proprietors of premises  
   4G.     Food vending machines deemed to be food premises  
   4H.     Reference in Food Standards Code to appropriate enforcement agency  
   4I.     Declared authority for the purposes of references in Chapter 4 of the Food Standards Code  
   5.      Orders  
   6.      Act binds the Crown  
   6A.     Application of Act to primary food production  
   6B.     Application of Act to water suppliers and water storage managers  
   7.      Extension to places outside municipal districts  

   PART IA--ADMINISTRATION AND REPORTING

   7A.     Role of councils  
   7B.     Role of Department  
   7BA.    Role of Department of Economic Development, Jobs, Transport and Resources  
   7C.     Annual report on food regulation  
   7D.     Information required to be provided by councils  
   7E.     Direction by the Minister  

   PART II--OFFENCES RELATING TO FOOD

   8.      Knowingly handling food in unsafe manner  
   8A.     Handling food in unsafe manner in other circumstances  
   9.      Knowingly selling unsafe food  
   9A.     Sale of unsafe food in other circumstances  
   10.     Knowingly falsely describing food  
   10A.    Falsely describing food in other circumstances  
   11.     Handling and sale of unsafe food  
   12.     Handling and sale of unsuitable food  
   13.     Misleading conduct relating to sale of food  
   14.     Sale of food not complying with purchaser's demand  
   15.     Sale of unfit equipment or packaging or labelling material  
   16.     Compliance with Food Standards Code  
   17.     Proprietor's name to be affixed to premises  
   17A.    False descriptions of food  
   17B.    Application of provisions outside jurisdiction  
   17C.    Defence relating to publication of advertisements  
   17D.    Defence in respect of food for export  
   17E.    Defence of due diligence  
   17F.    Defence of mistaken and reasonable belief not available  
   17G.    Defence in respect of handling food  
   17H.    Defence in respect of sale of unfit equipment or packaging or labelling material  

   PART III--ORDERS

   19.     Orders relating to food premises  
   19AA.   Orders relating to premises on which primary food production and related activities are carried out  
   19A.    Orders relating to food vending machines and other equipment  
   19B.    Orders relating to food handlers  
   19BA.   Appeals against orders  

   PART IIIA--UNDERTAKINGS

   19BB.   Secretary may accept undertaking  
   19BC.   Consent orders and enforcement of undertaking  

   PART IIIB--FOOD SAFETY

   19C.    Declaration of classes of food premises  
   19CA.   Notice of intention to make or vary declaration of classes of food premises  
   19CB.   Minimum record keeping  
   19D.    Food safety programs  
   19DB.   Registration of food safety program templates  
   19DC.   Standard food safety programs  
   19DD.   QA food safety program  
   19E.    Requirement for food safety program  
   19EA.   Revision of food safety program  
   19F.    Food safety program must be kept at premises  
   19G.    Food safety supervisors  
   19GA.   Requirement for food safety supervisor  
   19GB.   Name of supervisor to be provided on request  
   19H.    Assessment and audit requirements for food premises  
   19HA.   Food safety assessments and food safety audits  
   19I.    Requirement for food safety assessment  
   19IA.   Deficiencies identified in food safety assessment by registration authority  
   19J.    Food safety assessment conducted by food safety auditor  
   19JA.   Deficiencies identified in food safety assessment by food safety auditor  
   19K.    Requirement for food safety audit  
   19L.    Certificate of compliance following audit  
   19M.    Deficiencies identified in food safety audit  
   19N.    Food safety auditor to provide certain information to registration authority  
   19NA.   Request by registration authority for copy of report prepared by food safety auditor  
   19O.    Only approved auditor may conduct audit  
   19P.    Certification of food safety auditors  
   19Q.    Auditor must comply with conditions of certification  
   19R.    Offence to impersonate approved auditor  
   19S.    Conflict of interest  
   19T.    Revocation of approval to act as an auditor  
   19U.    Audit by council staff  
   19UA.   Council fees for assessments  
   19V.    Exemptions concerning food safety  
   19W.    Directions concerning food safety  

   PART IV--AUTHORIZED OFFICERS

   20.     Authorized officers  
   21.     Powers of authorized officers  
   22.     Procuring of samples of food  
   23.     Procedures on taking samples  
   24.     Duties of officer upon seizure and detention of article  
   25.     Keeping and storage of certain articles  
   26.     Remedy in respect of articles seized  
   27.     Destruction or other disposal of seized food  
   28.     Liability for costs and expenses of storage or destruction or other disposal of seized article  
   29.     Offences with respect to authorized officers and articles  

   PART V--ANALYSTS

   30.     Analysts  
   31.     Duties of analysts  
   31A.    Interstate analysts  
   32.     Councils to submit samples for analysis  
   32A.    Sampling requirement declaration  
   33.     Copy of certificate of analysis  
   34.     Prohibition on use of analyst's certificate for certain purposes  

   PART VI--REGISTRATION OF FOOD PREMISES

   35.     Registration authority  
   35A.    Requirement to be registered or to notify registration authority  
   36.     Information required to be given to registration authority  
   37.     Notification requirement of Food Standards Code  
   38.     Exemption from registration  
   38AA.   Procedure for notification  
   38AB.   Notification fee  
   38A.    Information required to accompany application for registration or transfer of registration  
   38B.    Requirements for registration or transferral of registration  
   38C.    Information required to accompany application for renewal of registration  
   38D.    Requirements for renewal of registration  
   38E.    Conditional registration  
   38F.    Change in operation of registered food premises  
   39.     Annual inspection of premises by registration authority  
   39A.    Registration etc. may be made despite minor defects  
   39B.    Offence to fail to comply with registration condition  
   39C.    Contravention of section 34(1) of the Meat Industry Act 1993  
   40.     Certificates of registration  
   40A.    Certificates must be shown on demand  
   40B.    Minister may specify period of registration  
   40C.    Period for which registration lasts  
   40D.    Revocation or suspension of registration  
   40E.    Secretary may direct council to revoke or suspend a registration  
   41A.    Registration fees  
   42.     Appeal  
   43.     Records of registration  
   43A.    Transitional provision  
   43B.    Application of Division to areas of land not within municipal district  
   43C.    Single notification or registration scheme  
   43D.    Principal premises of food business  
   43E.    Declaration of requirements for notification or registration  
   43F.    Notification or registration under the single notification or registration scheme  
   43G.    Certificate of registration  
   43H.    Declaration of requirements for statement of trade  
   43I.    Statement of trade  

   PART VII--EMERGENCY POWERS

   44.     Making of order  
   44A.    Nature of order  
   44B.    Special provisions relating to recall orders  
   44C.    Manner of making orders  
   44D.    Compensation  
   44E.    Failure to comply with emergency order  
   44F.    Person has no right to be heard before order made  
   44G.    Secretary may obtain enforcement order  

   PART VIII--LEGAL PROCEEDINGS

   45.     Proceedings for offences  
   45AA.   Responsible agency for the Crown  
   45AB.   Proceedings against successors to public bodies  
   45AC.   Power to bring proceedings  
   45A.    Burden of proof as to statements on packages etc.  
   45B.    Prosecutions  
   46.     Right of accused to have third person before court  
   46A.    Analysis is not necessary to conviction  
   47.     Power of court to order further analysis  
   48.     Power of court to order forfeiture  
   49.     Liability of accused for certain costs and expenses  
   50.     Evidentiary provisions  
   50AA.   Evidentiary certificate signed by the Secretary DHHS  
   50AAB.  Evidentiary certificate signed by the Secretary DEDJTR or the chief executive officer of DFSV or PrimeSafe  
   50AB.   Evidentiary certificate signed by chief executive officer of a council  
   50AC.   Evidence of signatures  
   50A.    Alternative verdicts for serious food offences  
   51.     Offences by bodies corporate  
   51A.    Criminal liability of officers of bodies corporate—accessorial liability  
   51B.    Criminal liability of officers of bodies corporate—failure to exercise due diligence (legal burden of proof)  
   52.     Offences by unincorporated bodies, partnerships etc.  
   52A.    Offences by employers  
   52B.    Liability of employees and agents  
   53.     General penalty  
   53A.    Court may order costs and expenses  
   53B.    Court may order corrective advertising  

   PART VIIIA--PUBLICATION OF CONVICTIONS

   53C.    References to appeal against conviction  
   53D.    Register of convictions  
   53E.    Publication of information on register  
   53F.    Information that must not be included in register  
   53G.    Obtaining information for inclusion in the register  
   53H.    Correction of register  
   53I.    Removal of record of conviction from register  
   53J.    Additional information  

   PART IX--MISCELLANEOUS PROVISIONS

   54.     Secrecy  
   54A.    Confidential food information may be given to the Secretary  
   54B.    Confidential food information may be given to the Food Safety Council  
   54C.    Confidential food information may be given to a council  
   54D.    Confidential food information may be given to a public statutory body  
   55.     Mode of service of documents and certain samples  
   56.     Protection against liability  
   56A.    Infringements  
   57.     Payment of penalties  
   58.     Victorian Commission for Gambling and Liquor Regulation to be notified of certain matters  
   58A.    Delegation by council  
   58AB.   Delegations by Secretary DEDJTR, the DFSV or PrimeSafe  
   58B.    Matters occurring outside registration area  
   59.     False and misleading statements  
   59A.    Destroying or damaging records  
   59B.    Validity and effect of notices, orders and other documents  
   59C.    Cost recovery in respect of failure to comply with direction or notice  

   PART X--FOOD SAFETY COUNCIL

   60.     Establishment of the Council  
   60A.    Functions  
   60B.    Powers  
   60C.    Members of the Council  
   60D.    Conditions of office of members  
   60E.    Procedure at meetings  
   60F.    Report on operations  
   60G.    Use of assistants  
   60H.    Members must not disclose confidential information  
   60I.    Council the successor of the Food Standards Committee  

   PART XI--REGULATIONS

   63.     Regulations  
   63A.    Prescribed food standards  
   63B.    Limitation on power to make local laws  

   PART XII--TRANSITIONAL PROVISIONS FOR FOOD (AMENDMENT) ACT 2001

   63C.    Existing orders to continue  
   63D.    Extended application of Division 3 of Part IIIA  

   PART XIII--TRANSITIONAL AND SAVINGS PROVISIONS FOR PART 2 OF THEFOOD AMENDMENT (REGULATION REFORM) ACT 2009

   64.     Definitions  
   65.     Minimum record keeping  
   66.     Food safety program templates  
   67.     Inspections  
   68.     Audits  
   69.     Food safety auditors  
   70.     Registration and notification of food premises  
   71.     Grounds for revocation or suspension of registration or direction by the Secretary  
   72.     Food (Forms and Registration) Regulations 2005  
   73.     Register of convictions  
   74.     First declaration under section 19C  
   75.     Declarations made and exemptions granted before commencement  
   76.     Transitional regulations  

   PART XIV--TRANSITIONAL AND SAVINGS PROVISIONS FOR PART 4 OFFOOD AMENDMENT (REGULATION REFORM) ACT 2009

   77.     Definitions  
   78.     Temporary food premises, mobile food premises or food vending machine currently registered  
   79.     Temporary food premises, mobile food premises or food vending machine for which notification has been given  

   PART XV--TRANSITIONAL AND SAVINGS PROVISIONS

   80.     Transitional provision—Primary Industries and Food Legislation Amendment Act 2012  
   81.     Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013  
           SCHEDULE 1
           ENDNOTES


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