FOOD ACT 2008 - SECT 8

FOOD ACT 2008 - SECT 8

8 .         Terms used

                In this Act, unless the contrary intention appears —

        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;

        animal includes an amphibian, bird, crustacean, fish, mollusc and reptile;

        appropriate enforcement agency , in relation to the provision in which the expression is used, means the enforcement agency prescribed by the regulations for the purposes of that provision;

        approved analyst means a person approved under Part 7 Division 4;

        approved form means the form approved from time to time by the CEO;

        approved laboratory means a laboratory approved under Part 7 Division 3;

        authorised officer means —

            (a)         a person appointed under Part 10 Division 3; or

            (b)         a person designated by a local government as an authorised officer under the Public Health Act 2016 section 24(1) for the purposes of this Act;

        CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of this Act;

        court means the Magistrates Court;

        emergency order means an order under Part 4;

        enforcement agency means —

            (a)         the CEO; or

            (b)         a local government; or

            (c)         a person or body, or a person or body within a class of persons or bodies, prescribed by the regulations for the purposes of this definition;

        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 9;

        food business has the meaning given by section 10;

        food safety auditor means a person approved under Part 8 Division 1;

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

        Food Standards Australia New Zealand has the same meaning as it has in the Commonwealth Food Standards Australia New Zealand Act 1991 ;

        Food Standards Code means the Australia New Zealand Food Standards Code as defined in the Commonwealth Food Standards Australia New Zealand Act 1991 and as adopted or incorporated by the regulations;

        food transport vehicle means a vehicle used for the transport of food for sale;

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

        improvement notice means an improvement notice issued under Part 6 Division 1;

        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;

        member of staff means an officer of the department of the Public Service principally assisting in the administration of this Act;

        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;

        premises includes —

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

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

            (c)         a pontoon; or

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

        primary food production has the meaning given by section 11;

        prohibition order means a prohibition order under Part 6 Division 2;

        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 institution means —

            (a)         a prison as defined in the Prisons Act 1981 ; or

            (b)         a detention centre as defined in the Young Offenders Act 1994 ; or

            (c)         a public hospital as defined in the Health Services Act 2016 section 6; or

            (d)         an institution, or an institution within a class of institutions, prescribed by the regulations for the purposes of this definition;

        recall order means an emergency order requiring the recall or disposal, or both, of any food;

        remote communication means any way of communicating at a distance, including by telephone, fax, email and radio;

        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 or inmates in public institutions; and

            (p)         sell for the purpose of resale;

        unsafe , in relation to food, has the meaning given by section 12;

        unsuitable , in relation to food, has the meaning given by section 13;

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

        [Section 8 amended: No. 42 of 2009 s. 18; No. 11 of 2016 s. 290; No. 19 of 2016 s. 144.]