FOOD ACT 2003 - As at 13 January 2023 - Act 43 of 2003

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act
• 4 Definitions
• 5 Meaning of "food"
• 6 Meaning of "food business"
• 7 Meaning of "primary food production"
• 8 Meaning of "unsafe" food
• 9 Meaning of "unsuitable" food
10. (Repealed)
• 11 Application of Act to water suppliers
• 12 Relationship to other laws

PART 2 - OFFENCES RELATING TO FOOD

Division 1 - Serious offences relating to food

• 13 Handling of food in unsafe manner
• 14 Sale of unsafe food
• 15 False description of food

Division 2 - Other offences relating to food

• 16 Handling and sale of unsafe food
• 17 Handling and sale of unsuitable food
• 18 Misleading conduct relating to sale of food
• 19 Sale of food not complying with purchaser's demand
• 20 Sale of unfit equipment or packaging or labelling material
• 21 Compliance with Food Standards Code
• 22 False descriptions of food
• 23 Application of provisions outside the State

Division 2A - Beef labelling

• 23A Beef labelling schemes
• 23B Misleading and deceptive conduct in relation to beef
• 23C False descriptions of beef
• 23D Exemptions for restaurants, take-away food shops and similar outlets

Division 3 - Defences

• 24 Defence relating to publication of advertisements
• 25 Defence in respect of food for export
• 26 Defence of due diligence
• 27 Defence of mistaken and reasonable belief not available
• 28 Defence in respect of handling food
• 29 Defence in respect of sale of unfit equipment or packaging or labelling material

PART 3 - EMERGENCY POWERS

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

PART 4 - INSPECTION AND SEIZURE POWERS

Division 1 - Inspection

• 37 Powers of authorised officers
• 38 Power of seizure
• 39 Search warrants
• 40 Failure to comply with requirements of authorised officers
• 41 Interfering with seized items
• 42 False information
• 43 Obstructing or impersonating authorised officers
• 43A Powers of authorised officers and food safety auditors may be exercised concurrently

Division 2 - Items seized by authorised officers

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

PART 5 - IMPROVEMENT NOTICES AND PROHIBITION ORDERS FOR PREMISES OR EQUIPMENT

• 57 Unclean or unfit premises, vehicles or equipment
• 58 Improvement notice
• 59 Compliance with improvement notice
• 60 Prohibition order
• 61 Scope of notices and orders
• 62 Notices and orders to contain certain information
• 63 Request for re-inspection
• 64 Contravention of prohibition order
• 65 Administrative review of decision to refuse certificate of clearance
• 66 Compensation
• 66AA Fee

PART 6 - TAKING AND ANALYSIS OF SAMPLES

Division 1 - Taking of samples

• 66A Application of Division
• 67 Proprietor to be informed
• 68 Payment for sample
• 69 Samples from vending machines
• 70 Packaged food
• 71 Procedure to be followed
• 72 Samples to be submitted for analysis

Division 2 - Procedures relating to analyses

• 73 Compliance with Food Standards Code
• 74 Certificate of analysis

Division 3 - Approval of laboratories

• 75 Approval of laboratories
• 76 Term of approval
• 77 Approved laboratory to give notice of certain interests
• 78 Variation of conditions or suspension or cancellation of approval of laboratory
• 79 Administrative review of decisions relating to approval
• 80 List of approved laboratories to be maintained

Division 4 - Approval of analysts

• 81 Approval of persons to carry out analyses
• 82 Term of approval
• 83 Approved analyst to give notice of certain interests
• 84 Variation of conditions or suspension or cancellation of approval of analyst
• 85 Administrative review of decisions relating to approval
• 86 List of approved analysts to be maintained

PART 7 - AUDITING

Division 1 - Approval of food safety auditors

• 87 Approval of food safety auditors
• 87A Beef labelling auditors
• 88 Term of approval
• 89 Food safety auditor to give notice of certain interests
• 90 Variation of conditions or suspension or cancellation of approval of auditor
• 91 Administrative review of decisions relating to approval

Division 2 - Auditing and reporting requirements

• 93 Priority classification system and frequency of auditing
• 94 Duties of food safety auditors
• 95 Reporting requirements
• 96 Redetermination of frequency of auditing
• 97 Certificates of authority of food safety auditors
• 98 List of food safety auditors to be maintained
• 99 Obstructing or impersonating food safety auditors

PART 8 - REGULATION OF FOOD BUSINESSES

Division 1 - Notification of conduct of food businesses

• 100 Notification of conduct of food businesses
• 101 Exemption in relation to notification of information
• 101A List of food businesses to be maintained

Division 2 - Food safety schemes

• 102 Regulations relating to establishment of food safety schemes
• 103 Consultation to be undertaken on regulations establishing food safety schemes
• 104 Offences relating to food safety schemes
• 105 Industry consultation

Division 3 - Requirements relating to food safety supervisors

• 106 Definitions
• 106A Application of Division to certain food
• 106B Food safety supervisors
• 106C Appointment of food safety supervisor for premises
• 106D Appointment of food safety supervisor for mobile catering business
106E, 106F. (Repealed)
• 106G Inspection of food safety supervisor certificates
• 106H Approval of registered training organisations to issue food safety supervisor certificates
• 106I Fees and charges payable under Division
• 106J Exemptions from operation of Division

Division 4 - Requirements relating to display of nutritional information for food

• 106K Definitions
• 106L Meaning of "standard food item"
• 106M Meaning of "standard food outlet"
• 106N Requirement for certain standard food outlets to display nutritional information
• 106O Voluntary display of nutritional information to meet certain requirements
• 106P Regulations relating to explanatory material about nutritional information
• 106Q Exemptions from operation of Division
• 106R 2012 review of Division and regulations under the Division

PART 9 - ADMINISTRATION

Division 1 - NSW Food Authority

• 107 Constitution of NSW Food Authority
• 108 Functions of Food Authority
• 109 Ministerial control of Food Authority
• 109A Staff
• 109B Use of consultants and contractors
• 109C Private corporations
• 109D Funding of private subsidiary corporations
• 109E Delegation

Division 2 - Enforcement agencies

• 110 Definitions
• 111 Appointment of enforcement agencies
• 111A Variation or revocation of appointment of enforcement agency
• 111B Conditions and limitations on exercise of functions by enforcement agencies
• 111C Guidelines relating to appointment of enforcement agencies
• 111D Functions of enforcement agencies in relation to this Act
• 112 Exercise of functions by enforcement agencies
• 113 Reports by enforcement agencies
• 113A Publication of information relating to enforcement agencies

Division 3 - Appointment of authorised officers

• 114 Appointment of authorised officers
• 115 Certificates of authority

Division 3A - Food Regulation Forum

• 115A Food Regulation Forum
• 115B Functions of Food Regulation Forum

Division 4 - Advisory committees

• 116 Establishment of advisory committees
• 117 Functions of advisory committees

Division 5 - Finance

• 117A Food Authority Fund
• 117B Investment
• 117C Industry levies
• 117D Payment of penalties and fines into Food Authority Fund

PART 10 - PROCEDURAL AND EVIDENTIARY PROVISIONS

• 118 Nature of proceedings for offences
• 119 Time for instituting proceedings
• 120 Penalty notices
• 121 Offences by employers
• 122 Liability of directors etc for offences by corporation--offences attracting executive liability
• 122A Liability of directors etc for offences by corporation--accessory to the commission of the offences
• 122B Evidence as to state of mind of corporation
• 123 Liability of employees and agents
• 124 Alternative verdicts for serious food offences
• 125 No defence to allege deterioration of sample
• 126 Onus to prove certain matters on defendant
• 127 Presumptions
• 128 Certificate evidence and evidence of analysts
• 129 Power of court to order further analysis
• 130 Disclosure by witnesses
• 131 Court may order costs and expenses
• 132 Court may order corrective advertising

PART 10A - DISCLOSURE OF INFORMATION ABOUT OFFENCES AND ALLEGED OFFENCES

• 133 Register of offences
• 133A Register of information about penalty notices
• 133B Publication of information on registers
• 133C Correction of register
• 133D Removal of information from register
• 133E Addition of information to register
• 133F Applications for changes to register
• 133G Protection from liability (including defamation)
• 133H Privacy and personal information

PART 11 - MISCELLANEOUS

• 134 Protection from personal liability
• 135 Exclusion of liability of the State and others
• 136 Disclosure of certain confidential information
• 136A Certain information may be provided to and by Food Authority
• 137 Service of documents
• 137A Recovery of fees and charges
• 137B Authorised officers may perform functions under Commonwealth legislation
• 138 Act to bind Crown
• 139 Regulations
• 140 Temporary emergency regulations modifying the Code
• 141 Other regulations modifying the Code
• 142 Repeals
143. (Repealed)
• 144 Savings, transitional and other provisions
Schedule 1 (Repealed)
• SCHEDULE 2