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FOOD ACT 2008


TABLE OF PROVISIONS

           Preamble

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Objects of Act
            
   4.      Application of Act to primary food production
            
   5.      Application of Act to water suppliers
            
   6.      Application of Act to prescribed community activities
            
   7.      Act to bind Crown

   PART 2 -- Interpretation  

   8.      Terms used in this Act
            
   9.      Meaning of “food”
            
   10.     Meaning of “food business”
            
   11.     Meaning of “primary food production”
            
   12.     Meaning of “unsafe” in relation to food
            
   13.     Meaning of “unsuitable” in relation to food

   PART 3 -- Offences relating to food

           Division 1 -- Serious offences relating to food  

   14.     Handling of food in unsafe manner
            
   15.     Sale of unsafe food
            
   16.     False description of food

           Division 2 -- Other offences relating to food  

   17.     Handling and sale of unsafe food
            
   18.     Handling and sale of unsuitable food
            
   19.     Misleading conduct relating to sale of food
            
   20.     Sale of food not complying with purchaser’s demand
            
   21.     Sale of unfit equipment or packaging or labelling material
            
   22.     Compliance with Food Standards Code
            
   23.     False description of food
            
   24.     Application of provisions outside Western Australia

           Division 3 -- Defences  

   25.     Defence relating to publication of advertisements
            
   26.     Defence in respect of food for export
            
   27.     Defence of due diligence
            
   28.     Defence in respect of handling food
            
   29.     Defence in respect of sale of unfit equipment or packaging or labelling material

           Division 4 -- Alternative verdicts  

   30.     Alternative verdicts for serious food offences

   PART 4 -- Emergency powers  

   31.     Making of emergency order
            
   32.     Nature of emergency order
            
   33.     Special provisions relating to recall orders
            
   34.     Manner of making orders
            
   35.     Compensation
            
   36.     Failure to comply with emergency order
            
   37.     Limitation on stay of operation of emergency orders

   PART 5 -- Powers of entry, inspection and seizure  

   38.     Powers of authorised officers
            
   39.     Self-incrimination not an excuse
            
   40.     Power of seizure
            
   41.     Application for warrant to enter premises
            
   42.     Issue of warrant
            
   43.     Duration of warrant
            
   44.     Execution of warrant
            
   45.     Failure to comply with requirements of authorised officers
            
   46.     Interfering with seized items
            
   47.     False information
            
   48.     Obstructing, impersonating or threatening authorised officers

           Division 2 -- Items seized by authorised officers  

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

   PART 6 -- Improvement notices and prohibition orders

           Division 1 -- Improvement notices  

   62.     Grounds for serving improvement notice
            
   63.     Improvement notice may require certain action to be taken
            
   64.     Compliance with improvement notice

           Division 2 -- Prohibition orders  

   65.     Prohibition order
            
   66.     Certificate of clearance to be given in certain circumstances
            
   67.     Request for re-inspection
            
   68.     Contravention of prohibition order
            
   69.     Review of decision to refuse certificate of clearance
            
   70.     Compensation

           Division 3 -- Other matters  

   71.     Scope of notices and orders
            
   72.     Notices and orders to contain certain information

   PART 7 -- Taking and analysis of samples

           Division 1 -- Taking of samples  

   73.     Application of Division
            
   74.     Proprietor to be informed
            
   75.     Payment for sample
            
   76.     Samples from vending machines
            
   77.     Packaged food
            
   78.     Procedures to be followed
            
   79.     Samples to be submitted for analysis

           Division 2 -- Procedures relating to analyses  

   80.     Compliance with Food Standards Code
            
   81.     Certificate of analysis

           Division 3 -- Approval of laboratories  

   82.     Approval of laboratories
            
   83.     Term of approval
            
   84.     Person in charge of approved laboratory to give notice of certain interests
            
   85.     Variation of conditions or suspension or cancellation of approval of laboratory
            
   86.     Review of decisions relating to approval
            
   87.     List of approved laboratories to be maintained

           Division 4 -- Approval of analysts  

   88.     Approval of persons to carry out analyses
            
   89.     Term of approval
            
   90.     Approved analyst to give notice of certain interests
            
   91.     Variation of conditions or suspension or cancellation of approval of analyst
            
   92.     Review of decisions relating to approval
            
   93.     List of approved analysts to be maintained

   PART 8 -- Auditing

           Division 1 -- Approval of food safety auditors  

   94.     Approval of food safety auditors
            
   95.     Term of approval
            
   96.     Food safety auditor to give notice of certain interests
            
   97.     Variation of conditions or suspension or cancellation of approval of auditor
            
   98.     Review of decisions relating to approvals

           Division 2 -- Auditing and reporting requirements  

   99.     Food safety programs and auditing requirements
            
   100.    Priority classification system and frequency of auditing
            
   101.    Duties of food safety auditors
            
   102.    Reporting requirements
            
   103.    Redetermination of frequency of auditing

           Division 3 -- Other matters relating to food safety auditors  

   104.    Certificates of authority of food safety auditors
            
   105.    List of food safety auditors to be maintained
            
   106.    Obstructing, impersonating or threatening food safety auditors

   PART 9 -- Registration of food businesses  

   107.    Notification of conduct of food businesses
            
   108.    Exemption in relation to notification of information
            
   109.    Conduct of unregistered food businesses
            
   110.    Registration of food businesses
            
   111.    Term of approval
            
   112.    Variation of conditions or cancellation of registration of food businesses
            
   113.    Notification of certain changes to registered food businesses
            
   114.    Review of decisions relating to registration
            
   115.    Register of food businesses to be maintained

   PART 10 -- Administration

           Division 1 -- CEO  

   116.    Functions of the CEO
            
   117.    CEO may delegate

           Division 2 -- Functions of enforcement agencies  

   118.    Functions of enforcement agencies and delegation
            
   119.    Conditions on performance of functions by enforcement agencies
            
   120.    Performance of functions by enforcement agencies and authorised officers
            
   121.    Reports by and about enforcement agencies

           Division 3 -- Appointment of authorised officers  

   122.    Appointment of authorised officers
            
   123.    Certificates of authority

           Division 4 -- Advisory committees  

   124.    Establishment and functions of advisory committees

   PART 11 -- Procedural and evidentiary provisions  

   125.    Institution of proceedings
            
   126.    Infringement notices
            
   127.    Offences by employees -- liability of employer
            
   128.    Offences by bodies corporate -- liability of directors and others
            
   129.    Liability of employees and agents
            
   130.    No defence to allege deterioration of sample
            
   131.    Onus to prove certain matters on accused person
            
   132.    Presumption
            
   133.    Certificate evidence and evidence of analysts
            
   134.    Documentary evidence of certain matters
            
   135.    Power of court to order further analysis
            
   136.    Disclosure by witnesses
            
   137.    Court may order costs and expenses
            
   138.    Court may order forfeiture
            
   139.    Court may order corrective advertising

   PART 12 -- Miscellaneous  

   140.    Fees and charges may be imposed and recovered by local governments that are enforcement agencies
            
   141.    Protection from liability for wrongdoing
            
   142.    Certain confidential information not to be disclosed
            
   143.    Publication of names of offenders
            
   144.    Regulations
            
   145.    Temporary emergency regulations modifying the Food Standards Code
            
   146.    Minister to review and report on Act

   PART 13 -- Consequential amendments  

   147.    Health Act 1911 amended
            
   148.    Liquor Control Act 1988 amended
            
   149.    Volunteers and Food and Other Donors (Protection from Liability) Act 2002 amended

   PART 14 -- Transitional provisions  

   150.    Definition
            
   151.    Interpretation Act 1984 not affected
            
   152.    Orders under Health Act 1911 section 246W
            
   153.    Orders under Health Act 1911 section 246Y
            
   154.    Transitional regulations
           Defined terms
           

An Act providing for the safety and suitability of food for human consumption, and for related purposes.

Compilation table


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