Western Australian Consolidated Acts

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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 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  
           Compilation table

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