FOOD ACT 2008

Table of Provisions

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
 
• 9 Term used: food
 
• 10 Term used: food business
 
• 11 Term used: primary food production
 
• 12 Unsafe food
 
• 13 Unsuitable 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

Division 1 -- 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
 
• 96A Food safety auditor must be insured
 
• 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 Liability of officers for offence by body corporate
 
• 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 14 -- Transitional provisions

Division 1 -- Transitional provisions for Food Act 2008  

• 150 Term used: commencement day
 
• 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

Division 2 -- Transitional provisions for Mutual Recognition (Western Australia) Amendment Act 2022  

• 155 Providing insurance information
Defined terms

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