Document ID: chunk:federal_register_of_legislation:F2009C00816:body:0:p3
Version: federal_register_of_legislation:F2009C00816
Segment Type: other
Provision Reference: 
Character Range: 5140–7842

of by way of raffle, lottery or other game of chance; or
(l) offer as a prize or reward; or
(m) give away for the purpose of advertisement or in furtherance of trade or business; or
(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; or
(o) supply food (whether or not for consideration) in the course of providing services to patients or inmates in public institutions, where 'public institution' means 'public institution' as defined in the Act, if it is so defined; or
(p) sell for the purpose of resale.

single-use item means an instrument, apparatus, utensil or other thing intended by the manufacturer to only be used once in connection with food handling, and includes disposable gloves.

Vehicles used to transport food includes shopping trolleys.

2 Meaning of safe and suitable food

(1) For the purposes of the Food Safety Standards, food is not safe if it would be likely to cause physical harm to a person who might later consume it, assuming it was –

(a) after that time and before being consumed by the person, properly subjected to all processes (if any) that are relevant to its reasonable intended use; and
(b) consumed by the person according to its reasonable intended use.

(2) However, food is not unsafe merely because its inherent nutritional or chemical properties cause, or its inherent nature causes, adverse reactions only in persons with allergies or sensitivities that are not common to the majority of persons.

(3) In subsection (1), processes include processes involving storage and preparation.

(4) For the purposes of the Food Safety Standards, food is not suitable if it –

(a) is damaged, deteriorated or perished to an extent that affects its reasonable intended use; or
(b) contains any damaged, deteriorated or perished substance that affects its reasonable intended use; or
(c) is the product of a diseased animal or an animal that has died otherwise than by slaughter, and has not been declared by or under another Act to be safe for human consumption; or
(d) contains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food.

(5) However, food is not unsuitable for the purposes of the Food Safety Standards merely because –

(a) it contains an agricultural or veterinary chemical in an amount that does not contravene the Australia New Zealand Food Standards Code; or
(b) it contains a metal or non-metal contaminant (within the meaning of the Australia New Zealand Food Standards Code) in