FOOD ACT 1984 - SECT 4 Definitions

FOOD ACT 1984 - SECT 4

S. 4(1) substituted. ^[1]

    (1)     In this Act—

"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;

"analyst" means a person authorized under section 30 to carry out analyses for the purposes of this Act;

"animal "includes an amphibian, bird, crustacean, fish, mollusc or reptile;

"approved food safety auditor" means a person holding a current certificate issued under section 19P;

S. 4(1) def. of article amended by No. 60/2012 s. 47(1).

"article" means—

        (a)     any food; or

        (ab)     any plant, plant product, animal, livestock product, chemical, fertiliser, stock food, soil, surface or other thing used in, or in connection with, the handling of food; or

        (b)     any equipment; or

        (c)     a package; or

        (d)     any labelling or advertising material used or capable of being used in or in connection with the sale of any food;

S. 4(1) def. of authorized officer amended by Nos 46/2008 s. 251, 42/2009 s. 3(a), 60/2012 s. 47(2).

"authorized officer" means—

        (a)     a person who is authorised by the Secretary or appointed by a council to be an authorized officer under section 20; or

        (b)     an environmental health officer appointed under section 29 of the Public Health and Wellbeing Act 2008 ; or

        (c)     a person who is an authorised officer appointed under section 43 of the Dairy Act 2000 ; or

        (d)     a person who, under the Meat Industry Act 1993 , is appointed as, or has the powers of, an inspector or is a person authorised to be an inspector by an inspection service approved under section 7 of that Act; or

        (e)     in relation to a food premises on land that is not part of a municipal district, the Secretary; or

        (f)     a person to whom, under section 19 of the Public Health and Wellbeing Act 2008 , the Secretary delegates any of the functions or powers of an authorized officer under this Act;

books includes any register or other record of information and accounts or financial records (within the meaning of the Corporations Act), however compiled, recorded or stored, and also includes any document;

S. 4(1) def. of chief executive officer inserted by No. 42/2009 s. 3(g).

"chief executive officer", of a council, means the person appointed by the council to be its chief executive officer or any person acting in that position;

S. 4(1) def. of component inserted by No. 42/2009 s. 43(b).

"component", of a food business, means any of the following operated by the business—

        (a)     a fixed food premises;

        (b)     a temporary food premises;

        (c)     a mobile food premises;

        (d)     a food vending machine;

"corresponding law" means a law of another State or a Territory which the Governor in Council by Order declares to be a law that makes provision substantially similar to a provision of this Act;

S. 4(1) def. of council amended by No. 9/2020 s. 390(Sch.  1 item 43.1).

"council" has the same meaning as in the Local Government Act 2020 , and "the council" means the council of the municipal district to which the provision in which the term is used applies;

S. 4(1) def. of declared authority inserted by No. 60/2012 s. 47(5).

"declared authority" means a person or body declared under section 4I(1);

S. 4(1) def. of declared premises repealed by No. 42/2009 s. 3(b).

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S. 4(1) def. of Department amended by Nos 29/2010 s. 56(1)(a), 2/2017 s. 16(1)(a).

"Department" means the Department of Health and Human Services;

S. 4(1) def. of DFSV inserted by No. 60/2012 s. 47(5).

"DFSV" means Dairy Food Safety Victoria established under Part 2 of the Dairy Act 2000 ;

S. 4(1) def. of Director of Consumer Affairs inserted by No. 42/2009 s. 3(g).

"Director of Consumer Affairs" means the person who, for the time being, is employed as Director of Consumer Affairs Victoria under the Public Administration Act 2004 ;

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 and measure;

food has the meaning given by section 4A;

food business has the meaning given by section 4B;

"food premises" means any premises at, on or from which food is sold, or handled with the intention that it be sold, but does not include—

        (a)     any premises used solely for the purposes of a primary food production business, enterprise or activity; or

        (b)     any premises or other place declared by an Order made under section 5(3) not to be a food premises;

S. 4(1) def. of food safety assessment inserted by No. 42/2009 s. 3(g).

food safety assessment has the meaning given by section 19HA(1) ;

S. 4(1) def. of food safety audit inserted by No. 42/2009 s. 3(g).

food safety audit has the meaning given by section 19HA(2) ;

"Food Safety Council" means the Food Safety Council established under section 60;

food safety program has the meaning given by section 19D ;

S. 4(1) def. of food safety program audit repealed by No. 42/2009 s. 3(c).

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S. 4(1) def. of food safety program template substituted by No. 42/2009 s. 3(d).

"food safety program template" means a written document that contains a set of instructions to enable the proprietor of a food business to create a food safety program that complies with section 19D;

S. 4(1) def. of food safety program type inserted by No. 38/2020 s. 5(c).

"food safety program type" means—

        (a)     a standard food safety program; or

        (b)     a non-standard food safety program that is not a QA food safety program; or

        (c)     a QA food safety program;

Food Safety Standards means the standards contained in Chapter 3 of the Food Standards Code;

food safety supervisor has the meaning given by section 19G ;

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;

S. 4(1) def. of food transport vehicle amended by No. 42/2009 s. 43(a).

food transport vehicle means a vehicle used for the transport of food for sale other than a water transport vehicle;

"food vending machine" means a machine or mechanical device used or capable of being used for selling food without any intervention or attention by or on behalf of the seller at the time of the sale;

S. 4(1) def. of handling amended by No. 60/2012 s. 47(3).

"handling", in relation to food, includes the making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food;

Note

Section 4C(3) clarifies that handling of food includes primary food production.

"hazard" means a biological, chemical, radiological or physical agent or factor that may adversely affect the health of any person;

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;

S. 4(1) def. of livestock product inserted by No. 60/2012 s. 47(5).

"livestock product" has the same meaning as in section 3(1) of the Livestock Disease Control Act 1994 ;

S. 4(1) def. of mobile food premises inserted by No. 42/2009 s. 3(g).

"mobile food premises" means a food premises that is a vehicle;

S. 4(1) def. of non-standard food safety program inserted by No. 42/2009 s. 3(g).

"non-standard food safety program" means a food safety program that is not a standard food safety program;

S. 4(1) def. of online portal inserted by No. 38/2020 s. 3.

"online portal" means the electronic registration system—

        (a)     maintained by the Secretary; and

        (b)     used by a registration authority to receive and record information relating to food premises including the following—

              (i)     any application for the registration of food premises;

              (ii)     any renewal of registration of food premises;

              (iii)     any notification of the operation of food premises;

              (iv)     any information relating to the registration and compliance of food premises;

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;

"person" includes a body or association (corporate or unincorporate) and a partnership;

S. 4(1) def. of plant product inserted by No. 60/2012 s. 47(5).

"plant product" has the same meaning as in the Plant Biosecurity Act 2010 ;

S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 66.1).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

"premises" includes—

        (a)     land (whether or not vacant); and

        (b)     the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); and

        (c)     a pontoon; and

        (d)     a vehicle (other than a food transport vehicle while it is engaged in the transport of food);

"prepare" includes manufacture, process and treat;

"prescribed" means prescribed by this Act, the regulations or a prescribed food standard;

prescribed food standard has the meaning given by section 63A ;

primary food production has the meaning given by section 4C ;

S. 4(1) def. of primary production and processing standard inserted by No. 60/2012 s. 47(5).

"primary production and processing standard" means a standard contained in Chapter 4 of the Food Standards Code;

S. 4(1) def. of PrimeSafe inserted by No. 60/2012 s. 47(5).

"PrimeSafe" means the Authority established under Part 6 of the Meat Industry Act 1993 ;

S. 4(1) def. of principal premises inserted by No. 42/2009 s. 43(b).

"principal premises", of a food business, has the meaning given by section 43D;

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 statutory body" means any body created by, or under the authority of, an Act of the Commonwealth or of a State or Territory for a public purpose;

S. 4(1) def. of QA food safety program inserted by No. 42/2009 s. 3(g).

QA food safety program has the meaning given by section 19DD(2) ;

"recall order "means an order under Part VII requiring the recall or disposal, or both, of any food;

S. 4(1) def. of registered medical practitioner amended by No. 97/2005 s. 182(Sch.  4 item 21), substituted by No. 13/2010 s. 51(Sch. item 24).

"registered medical practitioner" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

S. 4(1) def. of registration authority amended by No. 42/2009 s. 3(e).

"registration authority" means the relevant registration authority, as determined under section 35;

"sample" includes part of a sample;

S. 4(1) def. of Secretary substituted by Nos 29/2010 s. 56(1)(b), 60/2012 s. 47(4), amended by Nos 2/2017 s. 16(1)(b), 38/2020 s. 5(a).

"Secretary"—

        (a)     in paragraph (a) of the definition of authorized officer in section 4(1) of Part 1 and in Part II, Part III, Part IIIA (except section 19BB(5), (6) and (7)), Part IV (except section 20(5)), Part VIII and Part IX (except sections 56(1) and  59C(3)) means the Secretary DHHS or the Secretary DJPR; and

        (b)     in any other provision in this Act means the Secretary DHHS;

S. 4(1) def. of Secretary DH inserted by No. 60/2012 s. 47(5), amended as Secretary DHHS by No. 2/2017 s. 16(1)(c).

Secretary DHHS means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department;

S. 4(1) def. of Secretary DPI inserted by No. 60/2012 s. 47(5), substituted as Secretary DEDJTR by No. 2/2017 s. 16(1)(d), repealed by No. 38/2020 s. 5(b).

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S. 4(1) def. of Secretary DJPR inserted by No. 38/2020 s. 5(c).

"Secretary DJPR" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Jobs, Precincts and Regions;

sell includes—

        (a)     barter, offer or attempt to sell; and

        (b)     receive for sale; and

        (c)     have in possession for sale; and

        (d)     display for sale; and

        (e)     cause or permit to be sold or offered for sale; and

        (f)     send, forward or deliver for sale; and

        (g)     dispose of by any method for valuable consideration; and

        (h)     dispose of to an agent for sale on consignment; and

              (i)     provide under a contract of service; and

        (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; and

        (k)     dispose of by way of raffle, lottery or other game of chance; and

        (l)     offer as a prize or reward; and

        (m)     give away for the purpose of advertisement or in furtherance of trade or business; and

        (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; and

        (o)     supply food (whether or not for consideration) in the course of providing services to patients in hospitals or prisoners in prisons; and

        (p)     sell for the purpose of resale;

"service", in relation to a food vending machine, means stock or replenish that machine with food;

S. 4(1) def. of standard food safety program amended by No. 42/2009 s. 3(f).

standard food safety program has the meaning given by section 19DC(1) ;

"substance" includes a mixture or compound;

S. 4(1) def. of temporary food premises inserted by No. 42/2009 s. 3(g).

"temporary food premises" means a food premises that is—

        (a)     a tent, stall or other structure that is not permanently fixed to a site; or

        (b)     a permanent structure not owned or leased by the food business that operates the premises and in which food is handled for sale or from which food is sold by that business on an occasional basis only;

"therapeutic good" has the same meaning as it has in the Therapeutic Goods Act 1989 of the Commonwealth;

"this Act" includes the regulations;

unsafe has the meaning given by section 4D;

unsuitable has the meaning given by section 4E;

vehicle means any means of transport, whether self-propelled or not, and whether used on land or sea or in the air.

S. 4(1) def. of water transport vehicle inserted by No. 42/2009 s. 43(b).

"water transport vehicle" means a vehicle used by a private water carter to transport water that is intended for human consumption or for purposes connected with human consumption (such as the preparation of food or the making of ice for consumption or for the preservation of unpackaged food) whether or not the water is used for other purposes.

S. 4(1A) inserted by No. 46/1998 s. 7(Sch. 1, amended by Nos 108/2004 s. 117(1) (Sch.  3 item 81.1), 29/2010 s. 56(2), repealed by No. 2/2017 s. 16(2).

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S. 4(2) amended by No. 36/1991 s. 4(c), repealed by No. 14/2001 s. 4(2).

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    (3)     For the purposes of this Act—

S. 4(3)(a) substituted by No. 14/2001 s. 4(3).

        (a)     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;

S. 4(3)(b) repealed by No. 14/2001 s. 4(3),

new s. 4(3)(b) inserted by No. 49/2002 s. 13.

        (b)     food that is donated to a person who distributes food for a charitable or benevolent purpose is not to be taken to be food that was given away for the purpose of advertisement or in furtherance of trade or business;

S. 4(3)(c) amended by No. 14/2001 s. 4(4).

        (c)     food which is exposed or deposited in any premises for the purpose of being so offered as a prize or reward or given away is taken to have been exposed for sale by the occupier of the premises.

    (4)     Where a word or phrase is given a particular meaning in this Act, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings.

    (5)     Where a provision of this Act is with respect to a particular subject-matter inconsistent with a provision of any other Act, the provision of this Act shall prevail and the provision of that other Act is, to the extent of the inconsistency, of no force or effect.

    (6)     Where a provision of a regulation made under this Act is with respect to a particular subject-matter inconsistent with a provision of a regulation, rule or by-law made under any other Act, the provision of the regulation made under this Act shall prevail and that other provision is, to the extent of the inconsistency, of no force or effect.

S. 4A inserted by No. 14/2001 s. 5.