S. 3 amended by Nos 95/1986, s. 4(1)(2), 97/1987 s. 179(1), 42/1993 s. 64(a), 13/1994 s. 10(a), 20/1995 s. 4(1), substituted by No. 14/2001 s. 3. 3 Objects of Act s. 3 The objects of this Act include the following— (a) to ensure food for sale is both safe and suitable for human consumption; (b) to prevent misleading conduct in connection with the sale of food; (c) to provide for the application in of the Food Standards Code. 4 Definitions S. 4(1) substituted. (1) In this Act— 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; analyst means a person authorized under section 30 to carry out analyses for the purposes of this Act; animal includes an amphibian, bird, crustacean, fish, mollusc or reptile; approved food safety auditor means a person holding a current certificate issued under section 19P;
(b) the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); and (c) a pontoon; and (d) a vehicle (other than a food transport vehicle while it is engaged in the transport of food); prepare includes manufacture, process and treat; prescribed means prescribed by this Act, the regulations or a prescribed food standard; prescribed food standard has the meaning given by section 63A; primary food production has the meaning given by section 4C; S. 4(1) def. of primary production and processing standard inserted by No. 60/2012 s. 47(5). primary production and processing standard means a standard contained in Chapter 4 of the Food Standards Code; S. 4(1) def. of PrimeSafe inserted by No. 60/2012 s. 47(5). PrimeSafe means the Authority established under Part 6 of the Meat Industry Act 1993; S. 4(1) def. of principal premises inserted by No. 42/2009 s. 43(b). principal premises, of a food business, has the meaning given by section 43D; s. 4 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;
S. 16(5) inserted by No. 60/2012 s. 53. (5) A person does not contravene any provision of this section by reason only of failing to comply with an applicable requirement of the Food Standards Code if the person is exempted from compliance with that requirement by an order made under section 5(5). Note to s. 16 inserted by No. 13/2013 s. 24(5). Note Section 51B applies to an offence against subsection (1), (2), (3) or (4). S. 17 substituted by No. 14/2001 s. 8. 17 Proprietor's name to be affixed to premises s. 17 (1) The proprietor of a food business must ensure that his, her or its name is prominently displayed on any food premises used in connection with the food business. 10 penalty units. Note to s. 17(1) inserted by No. 13/2013 s. 24(6). Note Section 51A applies to an offence against this subsection. (2) A person who sells any food from any premises on which the name of any other person appears under subsection (1) must be taken to have sold the food as the agent of that other person, unless the contrary is proved. S. 17A inserted by No. 14/2001 s. 8. 17A False descriptions of food (1) For the purposes of this Part, food that is falsely described includes food to which any one or more of the following paragraphs applies— (a) the food is represented as being of a particular nature or substance for which there is a prescribed standard under the Food Standards Code and the food does not comply with that prescribed standard; (b) the food is represented as being of a particular nature or substance and it contains,
S. 17E(3)(b) amended by No. 68/2009 s. 97(Sch. item 59.1). (b) in the case of an accused that is a body corporate, a director, employee or agent of the accused. (4) Without limiting the ways in which a person may satisfy the requirements of subsection (1) or (2)(b)(i), a person may satisfy those requirements by proving that— (a) in the case of an offence relating to a food business for which a food safety program is required, the person complied with a food safety program for the food business; or (b) in any other case, the person complied with a scheme (for example, a quality assurance program or an industry code of practice) that was— (i) designed to manage food safety hazards and was based on Australian national or international standards, codes or guidelines designed for that purpose; and (ii) documented in some manner. S. 17F inserted by No. 14/2001 s. 8, amended by No. 68/2009 s. 97(Sch. item 59.2). 17F Defence of mistaken and reasonable belief not available s. 17F In any proceedings for an offence under Division 2, it is no defence that the accused had a mistaken but reasonable belief as to the facts that constituted the offence. S. 17G inserted by No. 14/2001 s. 8. 17G Defence in respect of handling food In any proceedings for an offence under section 8, 8A, 11(1) or 12(1), it is a defence if it is proved that the person caused the food to which the offence relates to be destroyed or otherwise disposed of immediately after the food was
S. 20(1C) inserted by No. 46/2008 s. 253(1). (1C) A council must not appoint a person to be an authorized officer for the purposes of this Act unless the council is satisfied that the person is suitably qualified or trained to be an authorized officer for the purposes of this Act. S. 20(2) amended by Nos 95/1986 s. 7(1), 12/1989 s. 4(1)(Sch. 2 item 47.3) (as amended by No. 13/1990 s. 38(1)(o)), repealed by No. 125/1993 s. 20(5)(b), new s. 20(2) inserted by No. 98/1997 s. 6(1), amended by No. 46/2008 s. 253(2). (2) In granting such an authority, the Secretary or council may— (a) limit the authority— (i) to specified premises or vehicles or specified classes of premises or vehicles; (ii) to a specified period of time; (iii) to a particular investigation or for a particular purpose; (b) specify that the authority is only to apply to particular powers, authorities, functions or duties of an authorised officer; S. 20(2)(c) amended by No. 46/2008 s. 253(2). (c) impose conditions on the authority (including a requirement to comply with any directions of the Secretary or council). S. 20(3) amended by Nos 10262 s. 4, 98/1997 s. 16(a), substituted by No. 46/2008 s. 253(3). (3) The Secretary must issue an identity card to each authorized officer authorised under subsection (1). S. 20(3A) inserted by No. 98/1997 s. 6(2), substituted by No. 46/2008 s. 253(3). (3A) An identity card issued to an authorized officer under this section must— (a) contain a photograph of the authorized officer; and (b) contain the signature of the authorized officer; and
book so produced or remove it for the purpose of making a copy thereof or extracts therefrom. 22 Procuring of samples of food s. 22 S. 22(1) amended by No. 95/1986 s. 8. (1) An authorized officer may, on payment or tender to the person in whose possession the food is or to his servant or agent of the current market value thereof or of the rate prescribed, demand and procure such samples of the food as are required for the purposes of this Act. (2) Where any food is kept for retail sale in an unopened package, a person shall not be required by an authorized officer to sell less than the whole of that package. (3) If a rate has been prescribed for the payment for a sample it shall not be necessary for an authorized officer to tender any higher price for that sample. (4) The procuring of a sample pursuant to this section and the payment or tender of the current market value thereof or of the rate prescribed (as the case requires) shall for the purposes of this Act be deemed to be a sale by the person from whom the sample was obtained to the authorized officer of the food contained in the sample. S. 22(5) inserted by No. 14/2001 s. 20(2). (5) In the case of a vending machine, it is sufficient compliance with subsection (1) if the authorized officer obtains the sample by making proper payment for it. 23 Procedures on taking samples s. 23 S. 23(1) amended by No. 95/1986 s. 9(1). (1) Where an authorized officer obtains a sample of any food with the intention that it be submitted for analysis, he shall, before or as soon as practicable after obtaining the sample, inform the person from whom the sample was obtained or the person having charge of that food of his intention to have the sample analysed.
S. 40C(ab) inserted by No. 42/2009 s. 23(1). (ab) if subsection (2) applies, for the period for which the registration is renewed or granted; or (b) in any other case, for 1 year from the date it was last granted or renewed— unless it is revoked or suspended before that date. S. 40C(2) inserted by No. 42/2009 s. 23(2). (2) The registration authority may, at the request of the proprietor, grant or renew the registration of a food premises for a period of less than 1 year if satisfied that the food premises is intended to operate on a short-term basis. S. 40D inserted by No. 98/1997 s. 10. 40D Revocation or suspension of registration s. 40D S. 40D(1) amended by No. 14/2001 s. 26(g)(i). (1) The registration authority may suspend or revoke the registration of a food premises if— S. 40D(1)(a) amended by No. 14/2001 s. 26(g)(ii). (a) a person is convicted of a second or subsequent offence against this Act that was committed in, at, on or in respect of the premises; or S. 40D(1)(b) amended by No. 14/2001 s. 26(g)(ii). (b) a condition imposed in respect of the premises under section 19V(2)(c) or 39A is breached; or S. 40D(1)(c) amended by No. 14/2001 s. 26(g)(ii). (c) a ground for the revocation or suspension of the registration of the premises exists under Part IIIB and the matter giving rise to that ground has not been dealt with under section 39A; or S. 40D(1)(d) amended by No. 14/2001 s. 26(g)(ii), substituted by No. 42/2009 s. 24. (d) the registration authority receives a notice under section 19N; or
person not guilty of the offence charged but guilty of an offence against section 11(1), and the person is liable to punishment accordingly. (2) If, on the trial of a person charged with an offence against section 9 or 9A, the trier of fact is not satisfied that the person committed the offence but is satisfied that the person committed an offence against section 11(2), the trier of fact may find the person not guilty of the offence charged but guilty of an offence against section 11(2), and the person is liable to punishment accordingly. 51 Offences by bodies corporate s. 51 S. 51(1)(2) repealed by No. 13/2013 s. 22(1). * * * * * S. 51(3) inserted by No. 46/2008 s. 259, amended by No. 13/2013 s. 22(2). (3) A statement made by an officer of a body corporate is admissible as evidence against the body corporate in any proceeding against the body corporate for an offence against this Act. S. 51(4) inserted by No. 13/2013 s. 22(3). (4) In this section— body corporate has the same meaning as in section 51A; officer in relation to a body corporate, has the same meaning as in section 51A. S. 51A inserted by No. 13/2013 s. 23. 51A Criminal liability of officers of bodies liability (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer— (a) authorised or permitted the commission of the offence by the body corporate; or
seizure, detention, storage, analysis (including further analysis), destruction or other disposition of any thing the subject of those proceedings. S. 53B inserted by No. 14/2001 s. 29, amended by Nos 68/2009 s. 97(Sch. item 59.13(a)), 29/2011 s. 3(Sch. 1 item 40.4). 53B Court may order corrective advertising s. 53B A court by which a person (in this section referred to as the offender) is found guilty of an offence under Part 2 may make one or both of the following orders— S. 53B(a) amended by No. 68/2009 s. 97(Sch. item 59.13(b)). (a) an order requiring the offender to disclose in a particular manner to the public, to a particular person or to a particular class of person information specified in the order, or information of a kind specified in the order, which the offender possesses or to which the offender has access; S. 53B(b) amended by No. 68/2009 s. 97(Sch. item 59.13(b)). (b) an order requiring the offender to publish, at his or her own expense, in a manner and at times specified in the order, advertisements the terms of which are specified in the order. __________________ Pt 8A (Heading and ss 53C–53J) inserted by No. 42/2009 s. 27. S. 53C inserted by No. 42/2009 s. 27. s. 53C 53C References to appeal against conviction In this Part, a reference to an appeal against a conviction includes— (a) an appeal against the conviction and sentence imposed by a court;
(a) by giving it to or serving it personally on the person or by leaving it at or sending it by post to the person at his usual or last known place of abode or business; S. 55(1)(b) amended by No. 14/2001 s. 26(j)(i)–(iii). (b) where it is addressed to the proprietor of any food premises, by leaving it with some adult person on the premises or, if there is no such person on the premises, by fixing it or a copy of it on some conspicuous part of the premises; S. 55(1)(c) amended by Nos 10262 s. 4, 98/1997 s. 16(a). (c) where it is addressed to the Secretary, by giving it to, serving it personally on or sending it by registered post to the Secretary; (d) where it is addressed to a council, by giving it to, serving it personally on or sending it by registered post to the clerk of the municipality concerned. s. 55 (2) Where under or for the purposes of this Act a notice or a part of a sample of any food is required or authorized to be given or delivered to a person and the food in question was sold through a food vending machine, the notice or part of a sample shall be sufficiently given or delivered for the purposes of this Act if the notice or part is given or delivered personally to or sent by registered post to the person in whose name the machine is registered or, if the machine is not registered or is not required to be registered, to the proprietor of the premises on which the machine is located. S. 55(3) inserted by No. 46/2008 s. 260. (3) Instead of attending at any proceedings under this Act, a person who gives or serves any notice, order or other document under this Act may make an affidavit that—
S. 58AB inserted by No. 60/2012 s. 68. 58AB Delegations by Secretary DPI, the DFSV or PrimeSafe (1) The Secretary DPI by instrument may delegate any power, duty or function of the Secretary DPI under this Act (other than this power of delegation) to any employee or class of employees employed under Part 3 of the Public Administration Act 2004. (2) DFSV by instrument may delegate any power, duty or function of DFSV under this Act (other than this power of delegation) to any officer or employee of DFSV. (3) Primesafe by instrument may delegate any power, duty or function of PrimeSafe under this Act (other than this power of delegation) to any officer or employee of PrimeSafe. s. 58AB S. 58B inserted by No. 42/2009 s. 30. 58B Matters occurring outside registration area S. 58B(1) amended by No. 42/2009 s. 55. (1) A registration authority for a temporary food premises, mobile food premises or food vending machine may take action in relation to a thing done or omitted to be done at the food premises regardless of where the thing was done or omitted to be done. S. 58B(2) amended by No. 42/2009 s. 55. (2) In making a decision under this Act in relation to a temporary food premises, mobile food premises or food vending machine, the registration authority for the food premises may take into account the results of any inspection, assessment or audit conducted, or other action taken, by another registration authority in relation to the premises.
be paid; the methods of collection thereof; the manner, time and place of payment thereof; the persons by whom and to whom they are payable and all matters with respect to the recovery thereof. S. 63(1A) inserted by No. 60/2012 s. 69(2). (1A) In the case of fees and charges, the regulations may provide for any or all of the following— (a) specific fees or charges; (b) maximum fees or charges; s. 63 (c) differential fees or charges; (d) fees or charges to be fixed and collected by the Secretary DPI, including acting in his or her capacity as a declared authority, for services provided for or in connection with the administration of, or for carrying out his or her functions under, this Act, the regulations or the Food Standards Code. S. 63(1B) inserted by No. 60/2012 s. 69(2). (1B) The Secretary DPI, including acting in his or her capacity as a declared authority, must cause details of fees or charges fixed under subsection (1A)(d) to be published in the Government Gazette. (2) Any regulation made under this Act may— (a) be made so as to be limited in respect of time, place or circumstances having regard to the conditions existing in any area in which the regulation is to have effect; S. 63(2)(b) amended by No. 12/1989 s. 4(1)(Sch. 2 item 47.11). (b) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by any government department, council or public authority or by any officer or member of staff of such department, council or authority; s. 63
(6) Except— S. 63(6)(a) amended by Nos 10262 s. 4, 98/1997 s. 16(a). (a) in a case of emergency or sudden necessity (of the existence of which emergency or necessity the Secretary shall be the sole judge); or (b) in the case of regulations to be made under paragraph (a), (b), (c), (d), (e), (f), (g), (k), (m) or (q) of subsection (1)— where any proposed regulations affect or are likely to affect any municipality copies thereof shall be sent to every such municipality at least six weeks before the making of the regulations. (7) Regulations made under this Act shall be subject to disallowance by Parliament. S. 63A inserted by No. 95/1986 s. 22, amended by Nos 26/1990 s. 3, 6/1991 s. 7(1)(a)–(c), substituted by No. 36/1991 s. 3. 63A Prescribed food standards s. 63A (1) In this section— Authority has the same meaning as in the Commonwealth Act; Commonwealth Act means the National Food Authority Act 1991 of the Commonwealth as amended and in force for the time being and includes an Act passed in substitution for that Act; Food Standards Code has the same meaning as in the Commonwealth Act; gazetted means published in the . (2) For the purposes of this Act a prescribed food standard is— (a) a standard gazetted by the Authority under the Commonwealth Act; or (b) a standard contained in the Food Standards Code. (3) A prescribed food standard—
(a) has effect as amended, varied or partly superseded by a standard or variation of a standard gazetted under the Commonwealth Act; and (b) ceases to have effect if revoked or wholly superseded by a standard or variation of a standard gazetted under the Commonwealth Act. s. 63A (4) A standard or variation of a standard gazetted under the Commonwealth Act has effect— (a) on the date specified for that purpose in the gazette; or (b) if no date is so specified, on the date of gazettal. (5) An amendment of the standards contained in the Food Standards Code gazetted before the commencement of the Food (Amendment) Act 1991 and not incorporated or adopted by reference by the Food Standards Regulations 1987 before that commencement has effect in Victoria from that commencement or the later effective date specified in the gazette. S. 63B inserted by No. 20/1995 s. 19. 63B Limitation on power to make local laws s. 63B S. 63B(1) substituted by No. 42/2009 s. 41. (1) A council must not make a local law under the Local Government Act 1989 for or with respect to— (a) food safety; or
section 23 of the Statute Law Amendment (Directors' Liability) Act 2013. (3) This section does not limit section 14 of the Interpretation of Legislation Act 1984. _________________ SCHEDULES Sch. renumbered as Sch. 1 by No. 95/1986 s. 23(1), repealed by No. 42/1993 s. 64(a), new Sch. 1 inserted by No. 42/2009 s. 42, amended by No. 42/2009 s. 57. Sch. 1 SCHEDULE 1 Section 56A Column 1 Item Column 2 Offence Column 3 Penalty Column 4 Summary of offence 1 An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 3.2.2 of the Food Standards Code— 5(2)(a), 5(2)(b), 6(1)(a), 6(2), 7(1)(b), 7(2), 8(1), 8(2)(b), 8(2)(c), 8(4), 8(5)(a), 8(5)(b), 10(b), 10(c), 11(3), 11(4), 12, 16(3), 17, 19, 20(1), 21(2), 22(a), 23(b)(ii), 24(1)(a), 24(1)(b) 5 penalty units for a natural person; 10 penalty units for a body corporate Failure to comply with requirement of Food Standards Code relating to food safety practices or general requirements
Column 1 Item Column 2 Offence Column 3 Penalty Column 4 Summary of offence 2 An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 3.2.3 of the Food Standards Code— 4(2), 5(a), 6(a), 6(b), 10(2)(a), 10(2)(b), 10(2)(c), 11(4)(a), 12(2)(b), 12(2)(c), 12(3), 12(4), 13, 14, 15(2) 5 penalty units for a natural person; 10 penalty units for a body corporate Failure to comply with requirement of Food Standards Code relating to food premises or equipment Sch. 1 3 An offence against section 17 2 penalty units for a natural person; 3 penalty units for a body corporate Failure by proprietor to display name on food premises 4 An offence against section 19CB(6) 2 penalty units for a natural person; 3 penalty units for a body corporate Failure to keep minimum records at premises 5 An offence against section 19F 2 penalty units for a natural person; 3 penalty units for Failure to keep food safety program at premises
a body corporate 6 An offence against section 19GB 2 penalty units for a natural person; 3 penalty units for a body corporate Failure to give name and qualifications of food safety supervisor when requested Column 1 Item Column 2 Offence Column 3 Penalty Column 4 Summary of offence 7 An offence against section 35A(1) 5 penalty units for a natural person; 10 penalty units for a body corporate Operate from a food premises which is not registered 8 An offence against section 35A(2) 5 penalty units for a natural person; 10 penalty units for a body corporate Operate from a food premises exempt from requirement to be registered for which notification has not been given 9 An offence against section 43I(1) 2 penalty units for a natural person; 4 penalty units for a body corporate Failure to lodge a statement of trade Sch. 2 inserted by No. 95/1986 s. 23(2), repealed by No. 36/1991 s. 4(i). * * * * * Sch. 1 ENDNOTES Endnotes General Information The Food Act 1984 was assented to on 15 May 1984 and came into operation (except sections 31(b), 50(5)) on 1 January 1986: Government Gazette
Assent Date: 14.6.89 Commencement Date: S. 3(Sch. items 79.1–79.11) on 1.9.90: Government Gazette 25.7.90 p. 2217 : This information relates only to the provision/s amending the Food Act 1984 Food (Valuation) Act 1990, No. 26/1990 Assent Date: 5.6.90 Commencement Date: 5.6.90 : All of Act in operation Interpretation of Legislation (Amendment) Act 1991, No. 6/1991 Assent Date: 16.4.91 Commencement Date: 16.4.91 : All of Act in operation Food (Amendment) Act 1991, No. 36/1991 Assent Date: 18.6.91 Commencement Date: 19.8.91—same day as the National Food Authority Act 1991 of the Commonwealth—see Commonwealth Special Gazette (No. 219) of 8.8.91 : All of Act in operation Dairy Industry Act 1992, No. 88/1992 Endnotes Assent Date: 26.11.92 Commencement Date: 24.12.92: Special Gazette (No. 70) 24.12.92 p. 1 : All of Act in operation Meat Industry Act 1993, No. 40/1993 Assent Date: 1.6.93 Commencement Date: S. 82, Sch. 2 item 4.1 on 30.6.93: Government Gazette 24.6.93 p. 1596 : This information relates only to the provision/s amending the Food Act 1984 Health and Community Services (General Amendment) Act 1993, No. 42/1993 Assent Date: 1.6.93 Commencement Date: S. 64 on 1.10.93: Government Gazette 16.9.93 p. 2548 : This information relates only to the provision/s amending the Food Act 1984 Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993 Assent Date: 7.12.93 Commencement Date: S. 20(5) on 7.12.93: s. 2(4) : This information relates only to the provision/s amending the Food Act 1984 Food (Amendment) Act 1994, No. 13/1994