FOOD ACT 2003
- Act 8 of 2003 - Royal Assent 16 April 2003Table of Provisions
Long TitlePART 1 - Preliminary
- 1 Short title
- 2 Commencement
- 3 Objects of Act
- 4 Interpretation
- 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 Application of Act to primary food production
- 11 Application of Act to water suppliers
- 12 Act binds Crown
PART 2 - Offences relating to food Division 1 - Serious offences
relating to foodDivision 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 jurisdiction
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 in respect of handling food
- 28 Defence in respect of sale of unfit equipment or packaging or labelling material
- 29 Defence of mistaken but reasonable belief not available
- 30 Onus on person to prove certain statements about food
- 31 Alternative verdicts for serious food offences
PART 3 - Emergency powers
- 32 Interpretation: Part 3
- 33 Making of order
- 34 Nature of order
- 35 Special provisions relating to recall orders
- 36 Manner of making orders
- 37 Compensation
- 38 Failure to comply with emergency order
- 39 Limitation on stay of operation of emergency orders
PART 4 - Inspection and seizure powers Division 1 - Inspection
- 40 Powers of authorised officers
- 41 Search warrants
- 42 Failure to comply with requirements of authorised officers
- 43 False information
- 44 Interfering with seized items
- 45 Obstructing or impersonating authorised officers
Division 2 - Items seized by authorised officers
- 46 Seized items
- 47 Notification of seizure
- 48 Destruction of filthy, decomposed or putrid matter
- 49 Return of seized item
- 50 Forfeiture of item
- 51 Cost of destruction or disposal of forfeited item
- 52 Return of forfeited item
- 53 Compensation to be paid in certain circumstances
- 54 Application for order disallowing seizure
- 55 Enforcement agency entitled to answer application
- 56 Order for return of seized item
- 57 Ancillary orders
- 58 Adjournment pending hearing of other proceedings
PART 5 - Improvement notices and prohibition orders
- 59 Unclean or unfit premises, vehicles or equipment
- 60 Improvement notice
- 61 Compliance with improvement notice
- 62 Prohibition order
- 63 Scope of notices and orders
- 64 Notices and orders to contain certain information
- 65 Request for reinspection
- 66 Contravention of improvement notice or prohibition order
- 67 Review of decision to refuse certificate of clearance
- 68 Compensation
PART 6 - Taking and analysis of samples Division 1 - Taking of
samples- 69 Proprietor to be informed
- 70 Payment for sample
- 71 Samples from vending machines
- 72 Packaged food
- 73 Procedure to be followed
- 74 Samples to be submitted for analysis
- 75 Analysis of food in certain cases
Division 2 - Procedures relating to analyses
- 76 Compliance with Food Standards Code
- 77 Certificate of analysis
- 78 Accredited laboratory to give notice of certain interests
Division 3 -
. . . . . . . .PART 6A - Auditing Division 1 - Approval of food safety auditors
- 83A Approval of food safety auditors
- 83B Term of approval
- 83C Food safety auditor to give notice of certain interests
- 83D Variation of conditions, or suspension or cancellation, of approval of food safety auditor
- 83E Review of decisions relating to approvals
Division 2 - Auditing and reporting requirements
- 83F Interpretation
- 83G Food safety programs and auditing requirements
- 83H Priority classification system and frequency of auditing
- 83I Duties of food safety auditors
- 83J Reporting requirements
- 83K Redetermination of frequency of auditing
- 83L Certificates of authority of food safety auditors
- 83M List of food safety auditors to be maintained
- 83N Obstructing or impersonating food safety auditors
PART 7 - Notification and registration of food businesses
- 84 Notification of conduct of food businesses
- 85 Exemption in relation to notification of information
- 86 Requirement to register food business
- 87 Registration of food business
- 88 Single certificate of registration for whole State
- 89 Renewal of registration
- 90 Term of registration
- 91 Variation of conditions, or suspension or cancellation, of registration of food businesses
- 92 Registration not transferable
- 93 Review of decisions relating to registration
- 94 Register of food businesses to be maintained
PART 8 - Administration Division 1 - Director of Public Health
- 95 General functions and powers of Director of Public Health
- 96 Delegation by Director of Public Health
Division 2 - Councils
- 97 Functions of councils
- 98 Power of Director of Public Health to order council to perform functions
- 99 Power over wharves, &c.
- 100 Reports by councils
Division 3 - Appointment of authorised officers
PART 9 - Procedural and evidentiary provisions
- 103 Nature of proceedings for offences
- 104 Institution of proceedings
- 105 Offences by employers
- 106 Offences by bodies corporate
- 107 Liability of employees and agents
- 108 Defences relating to analysis
- 109 Onus to prove certain matters on defendant
- 110 Presumptions
- 111 Certificate evidence and evidence of analysts
- 112 Power of court to order further analysis
- 113 Proceedings relating to third persons
- 114 Disclosure by witnesses
- 115 Court may order costs and expenses
- 116 Court may order forfeiture
- 117 Court may order corrective advertising
PART 10 - Infringement notices
- 118 Infringement notices
- 119 Section 119
- 120 Section 120
- 121 Section 121
- 122 Section 122
- 123 Payments to council or Public Account
- 124 Section 124
- 125 Section 125
- 126 Section 126
PART 11 - Regulatory provisions
- 127 Regulations
- 128 Temporary emergency regulations
- 129 Regulations of savings or transitional nature
- 130 Council fees
PART 12 - Miscellaneous
- 131 Protection from liability
- 132 Bribery
- 133 Food business database to be kept
- 133A Disclosure of information
- 134 Administration of Act
- 135 Savings and transitional provisions
- 136 Food Act 1998 repealed
- 137 Section 137 SCHEDULE 1 SCHEDULE 2
[ Note: This table has been automatically generated and may be incomplete. ]