Victorian Consolidated Legislation

FOOD ACT 1984

No. 10082 of 1984
Version incorporating amendments as at 1 January 2009

TABLE OF PROVISIONS

           Section Page

   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.     Sale of food through food vending machines
   5.      Orders
   6.      Act to bind 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 II-OFFENCES RELATING TO FOOD

           Division 1-Serious 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

           Division 2-Other offences relating to food

   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

           Division 3-Defences

   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-CLEANLINESS OF FOOD PREMISES, ETC.

   18.     Repealed
   19.     Powers with respect to unclean food premises

   PART IIIA-CLEANLINESS OF FOOD HANDLERS ETC.

   19A.    Repealed
   19B.    Powers with respect to unclean food handlers etc.

   PART IIIB-FOOD SAFETY PROGRAMS

           Division 1-General matters

   19BA.   Outline of this Part
   19C.    Declaration that this Part applies to premises
   19D.    Food safety programs
   19DA.   Food safety program template
   19DB.   Registration of food safety program templates
   19DC.   Standard food safety programs
   19E.    Declared premises must have food safety program
   19F.    Directions concerning food safety programs

           Division 2-Food safety supervisors

   19G.    Food safety supervisors
   19GA.   Declared premises must have food safety supervisor
   19GB.   Name of supervisor to be provided on request

           Division 3-Inspection of standard food safety programs

   19H.    Application of this Division
   19HA.   Registration authority may inspect premises
   19HB.   Procedure if program not implemented or complied with

           Division 3A-Audit of non-standard food safety programs

   19I.    Application of this Division
   19IA.   Requirement to audit
   19J.    Food safety program audit
   19K.    Declarations concerning food safety program audit intervals
   19L.    Auditor must give certificate if program adequate
   19M.    Procedure if program not adequate
   19N.    Audit certificates must be given to the registration authority
   19O.    Only approved auditors may conduct audits
   19P.    Appointment of food safety auditors
   19Q.    Auditor must comply with conditions of certification
   19R.    Offence to impersonate approved auditor
   19S.    Conflict of interest to be avoided
   19T.    Revocation of approval to act as an auditor

           Division 4-Miscellaneous matters

   19U.    Restrictions applying to council staff etc.
   19V.    Exemptions concerning food safety programs
   19W.    Penalties applying to this Part

   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
   32.     Councils to submit samples for analysis
   33.     Copy of certificate of analysis
   34.     Prohibition on use of analyst's certificate for certain purposes

   PART VI-REGISTRATION OF FOOD PREMISES

   35.     Food business premises to be registered with council
   35A.    Repealed
   36.     Registration of Crown premises
   37.     Notification of certain information not required
   38.     Exemption from registration
   38A.    Applications must include food safety program
   38B.    Application must include name of food safety supervisor
   39.     Requirements for registration
   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
   41.     Repealed
   41A.    Registration fees
   42.     Appeal
   43.     Register book
   43A.    Transitional provision

   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
   45A.    Burden of proof as to statements on packages etc.
   45B.    Prosecutions
   46.     Right of defendant 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 defendant for certain costs and expenses
   50.     Evidentiary provisions
   50A.    Alternative verdicts for serious food offences
   51.     Offences by bodies corporate
   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 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
   57.     Payment of penalties
   58.     Director of Liquor Licensing to be notified of certain matters
   58A.    Delegation to council officers
   59.     Part XX of Health Act 1958 incorporated with this Act

   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
           61, 62. Repealed

   PART XI-REGULATIONS

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

   PART XII-TRANSITIONAL PROVISIONS

   63C.    Existing orders to continue
   63D.    Extended application of Division 3 of Part IIIA
           64, 65. Repealed
           _________________
           1, 2-Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details