Document ID: chunk:federal_register_of_legislation:F2024C00724:front:0:p6
Version: federal_register_of_legislation:F2024C00724
Segment Type: other
Provision Reference: 
Character Range: 13397–16039

to the composition of food of that kind.
Division 4 Basic requirements

Note 1 In Australia, the Code is enforced under application Acts in each State and Territory, and under Commonwealth legislation dealing with imported food. In outline, this scheme operates as follows:
 (1) The application Acts comprise a uniform legislative scheme based on Model Food Provisions that are annexed to the Food Regulation Agreement, an agreement between the Commonwealth, States and Territories. Under those Acts, a person:
 (a) must comply with any requirement imposed on the person by a provision of this Code in relation to:
 (i) the conduct of a food business; or
 (ii) food intended for sale; or
 (iii) food for sale; and
 (b) must not sell any food that does not comply with any requirement of this Code that relates to the food; and
 (c) must not sell or advertise any food that is packaged or labelled in a manner that contravenes a provision of this Code; and
 (d) must not sell or advertise for sale any food in a manner that contravenes a provision of this Code; and
 (e) must not, for the purpose of effecting or promoting the sale of any food in the course of carrying on a food business, cause the food to be advertised, packaged or labelled in a way that falsely describes the food.
 (2) For paragraph (1)(e), food is falsely described if:
 (a) it is represented as being of a particular nature or substance; and
 (b) the Code provides a prescribed standard for such food; and
 (c) the food does not comply with the prescribed standard.
 (3) The relevant Acts are:
 (a) Food Act 2003 (New South Wales)
 (b) Food Act 1984 (Victoria)
 (c) Food Act 2006 (Queensland)
 (d) Food Act 2008 (Western Australia)
 (e) Food Act 2001 (South Australia)
 (f) Food Act 2003 (Tasmania)
 (g) Food Act 2001 (Australian Capital Territory)
 (h) Food Act 2004 (Northern Territory).
 (4) Under the Imported Food Control Act 1992 (Cth), a person is prohibited from:
 (a) importing into Australia food that does not meet applicable standards of this Code, other than those relating to information on labels of packaged food; and
 (b) dealing with imported food that does not meet applicable standards relating to information on labels of packaged food.

Note 2 In New Zealand, under the Food Act 2014 (NZ) a person commits an offence if the person breaches or fails to comply with:
 (a) a requirement in an adopted joint food standard or a domestic food standard;
 (b) …
1.1.1—10 Requirements relating to food for sale
 (1) This section applies in relation to food for sale.
Compositional requirements
 (2) Subject to this section, food for sale may consist of, or