S. 4(1) def. of livestock product inserted by No. 60/2012 s. 47(5). livestock product has the same meaning as in section 3(1) of the Livestock Disease Control Act 1994; S. 4(1) def. of mobile food premises inserted by No. 42/2009 s. 3(g). mobile food premises means a food premises that is a vehicle; S. 4(1) def. of non-standard food safety program inserted by No. 42/2009 s. 3(g). non-standard food safety program means a food safety program that is not a standard food safety program; package includes any container or wrapper in or by which food intended for sale is wholly or partly encased, covered, enclosed, contained or packed and, in the case of food carried or sold or intended to be carried or sold in more than one package, includes every such package; person includes a body or association (corporate or unincorporate) and a partnership; S. 4(1) def. of plant product inserted by No. 60/2012 s. 47(5). plant product has the same meaning as in the Plant Biosecurity Act 2010; S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 66.1). police officer has the same meaning as in the Victoria Police Act 2013; premises includes— (a) land (whether or not vacant); and
S. 5(4) amended by No. 98/1997 s. 4(2). (4) An order made by the Minister under subsection (3) or (3A)— (a) may be made so as to be limited in respect of time or circumstances; and (b) may by like order be amended, varied or revoked. S. 5(5) inserted by No. 60/2012 s. 50. (5) The Secretary DH or the Secretary DPI, by order published in the Government Gazette, may exempt a person or a person belonging to a specified class of person from complying with a specified requirement of the Food Standards Code. S. 5(6) inserted by No. 60/2012 s. 50. (6) An order under subsection (5) may be made by the Secretary DPI only in respect of a requirement in a primary production and processing standard. S. 5(7) inserted by No. 60/2012 s. 50. (7) An order under subsection (5)— (a) may be made so as to be limited in respect of time or circumstances; and (b) may be unconditional or subject to any condition specified in the order; and (c) takes effect on the date that the order is published in the Government Gazette or on any later date specified in the order; and (d) may by like order be amended, varied or revoked. S. 6 substituted by No. 46/2008 s. 252. 6 Act binds the Crown (1) This Act binds the Crown— (a) in right of the State of ; and (b) to the extent that the legislative power of the Parliament permits, in all its other capacities. (2) To avoid doubt, the Crown is a body corporate for the purposes of this Act.
Except as provided in section 17D, for the purposes of a provision of this Part, it does not matter that the food concerned was sold or intended for sale outside Victoria. Note See section 17D for a defence in relation to food intended for export. Division 3—Defences S. 17C inserted by No. 14/2001 s. 8. 17C Defence relating to publication of advertisements (1) In any proceedings for an offence under this Part in relation to the publication of an advertisement, it is a defence for a person to prove that the person carried on the business of publishing or arranging for the publication of advertisements and that the person published or arranged for the publication of the advertisement in question in the ordinary course of that business. (2) Subsection (1) does not apply if the person— (a) should reasonably have known that the publication of the advertisement was an offence; or (b) had previously been informed in writing by the Secretary that publication of such an advertisement would constitute an offence; or (c) is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisements concerned were published. S. 17D inserted by No. 14/2001 s. 8. 17D Defence in respect of food for export
Note to s. 19A inserted by No. 13/2013 s. 24(7). Note Section 51B applies to an offence against subsection (7) or (8). ————————— Pt 3A (Heading) repealed by No. 42/2009 s. 10. Pt 3A (Heading and ss 19A, 19B) inserted by No. 20/1995 s. 8. * * * * * S. 19A inserted by No. 20/1995 s. 8, repealed by No. 14/2001 s. 9(i). * * * * * S. 19B (Heading) inserted by No. 42/2009 s. 11(1). S. 19B inserted by No. 20/1995 s. 8. 19B Orders relating to food handlers S. 19B(1) amended by No. 14/2001 s. 9(j). (1) If an authorised officer is satisfied that there has been a contravention of this Act in relation to a person employed or engaged to handle unpackaged food, he or she may by order in writing direct that specified steps be taken— (a) to ensure that that person or his or her clothing is put in a clean and sanitary condition; or
(b) the period for which the records must be kept. (3) The Secretary may specify in the notice different minimum record keeping requirements for different food premises depending on— (a) the declared class of food premises to which the premises belong; (b) the food handling activities undertaken at the premises. (4) The proprietor of a food premises required to keep minimum records must— (a) maintain the records as required by the notice, including keeping the records for the duration required in the notice; and (b) if requested to do so by the registration authority, provide to the registration authority a copy of the records within the time specified in the request. (5) A failure to comply with subsection (4) is a ground for— (a) the refusal of the registration, renewal of registration or transfer of registration of the premises; (b) the revocation or suspension of registration of the premises. (6) The proprietor of a food premises required to keep minimum records must ensure that the required records are kept at the premises to which they relate.
identified in any previous food safety assessment or food safety audit; and (iii) the applicable provisions of the Food Safety Standards are being complied with; and (b) a food safety program is adequate if it meets the requirements specified in section 19D. S. 19I substituted by No. 42/2009 s. 13. 19I Requirement for food safety assessment (1) This section applies to a food premises that is required by a declaration under section 19C to have a food safety assessment conducted. (2) Subject to section 19J, a food safety assessment of the premises must be conducted by the registration authority as required under section 19H. (3) A food safety assessment conducted under this section by the registration authority is an inspection for the purposes of this Act. S. 19IA substituted by No. 42/2009 s. 13. 19IA Deficiencies identified in food safety assessment by registration authority (1) This section applies if the registration authority is of the opinion, after conducting a food safety assessment of a food premises, that— (a) the food safety requirements applying to the premises have not been complied with; or (b) in the case of a food premises using a standard food safety program, the food safety program does not comply with section 19DC(2). (2) Subject to subsection (3), the registration authority must give written notice to the proprietor of the food premises— (a) stating that opinion and the reasons for the opinion; and
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
(A) an article seized and detained under this Act; or (B) any article or other thing or matter or a sample of any article or other thing or matter obtained by an authorized officer under section 21; or (ii) erases, alters, opens, breaks or removes a mark, seal or fastening placed by an authorized officer in the exercise of his powers or authorities or the discharge of his functions or duties under this Act— (A) on an article other than part of a sample or any sample, object or package left by the authorized officer with a person from whom a sample was obtained; or (B) on any door, gate or opening affording access to an article; (b) refuses to sell to an authorized officer any food or to allow him to take a sample of any food or other article in such quantity as he reasonably requires; (c) refuses or neglects, when required by or under this Act to do so, to render assistance or to furnish information to an authorized officer or other person; S. 29(d) amended by Nos 10262 s. 4 98/1997 s. 16(a)(b). (d) fails, when required by the Secretary to do so, to produce for the Secretary's inspection or to produce to an authorized officer any book required or authorized by or under this Act to be produced, or fails to allow an authorized officer to examine or to make a copy of or an extract from any book so
(c) deciding whether or not to accept the notification or to register or transfer or renew the registration of the food premises, as the case may be. S. 37 amended by Nos 10262 s. 4, 13/1994 s. 10(b)(c), substituted by Nos 14/2001 s. 22, 42/2009 s. 16. 37 Notification requirement of Food Standards Code The proprietor of a food business is taken to have complied with the requirements of the Food Standards Code relating to notification for a food premises if the proprietor has— (a) applied for the registration of the food premises or notified the registration authority of an intention to operate the food premises; and (b) given the registration authority the information and documents required under section 36. 38 Exemption from registration S. 38(1) amended by No. 10262 s. 4, repealed by No. 13/1994 s. 10(d), new s. 38(1) inserted by No. 42/2009 s. 17(1). (1) The Secretary may by notice published in the Government Gazette exempt a food premises or a class of food premises from the requirement to be registered under this Part. S. 38(2) repealed by No. 13/1994 s. 10(d) , new s. 38(2) inserted by No. 42/2009 s. 17(1). (2) A council may by resolution exempt a food premises or a class of food premises, other than a class declared under section 19C, from the requirement to be registered under this Part. S. 38(3) amended by Nos 10262 s. 4 98/1997 s. 16(a), 14/2001 s. 26(a), substituted by No. 42/2009 s. 17(2). (3) Before a council exempts a class of food premises under subsection (2), the council must consult with the Secretary about the proposed exemption.
S. 50(6) inserted by No. 95/1986 s. 19(4), amended by No. 13/1994 s. 13(a)–(c), repealed by No. 20/1995 s. 15(2). * * * * * S. 50AA (Heading) amended by No. 60/2012 s. 62(1). S. 50AA inserted by No. 46/2008 s. 258, amended by No. 60/2012 s. 62(2). 50AA Evidentiary certificate signed by the Secretary DH In any proceeding for an offence against this Act, a certificate signed by the Secretary DH stating any of the following matters is evidence of the matter— (a) a stated document is one of the following things made, given or issued under this Act— S. 50AA(a)(i) amended by No. 29/2011 s. 3(Sch. 1 item 40.2). (i) an appointment, authorisation, exemption, declaration or other decision; (ii) an order or a notice, direction or requirement; (iii) a registration; (iv) a record or an extract from a record; (v) a register or an extract from a register; (b) a stated document is a copy of a thing referred to in paragraph (a); (c) on a stated day, or during a stated period, a stated person was or was not the holder of a registration; (d) on a stated day, or during a stated period, a registration— (i) was or was not in force; or
S. 54(1)(bc) inserted by No. 42/2009 s. 28(1). (bc) to prevent or lessen a serious threat to public health; or (c) for the purposes of any proceedings under or arising out of this Act or a report of any such proceedings. For a first offence 60 penalty units, and for a second or subsequent offence 100 penalty units. S. 54(2) amended by Nos 10262 s. 4, 98/1997 s. 16(a), substituted by No. 42/2009 s. 28(3). (2) A person does not commit an offence under subsection (1) if the information or the information contained in the document was publicly available before, or at the time, the information was disclosed or the document was published. S. 54(3) amended by Nos 10262 s. 4, 98/1997 s. 16(a), repealed by No. 42/2009 s. 28(4). * * * * * (4) Notwithstanding subsection (1)(c), an authorized officer appearing as a witness in any proceedings under or arising out of this Act shall not be compelled to produce any reports made or received by him confidentially in his official capacity or containing confidential information. S. 54A inserted by No. 98/1997 s. 14. 54A Confidential food information may be given to the Secretary Despite anything to the contrary in this Act or in any other Act, a person does not commit any offence in disclosing to the Secretary any information relating to food, the handling or sale of food or any illness, condition or disease that is, or may be, related to food.
S. 63(1)(h)(iii) amended by Nos 98/1997 s. 18(1)(d), 14/2001 s. 32(b). (iii) the design and construction of premises or other places, vehicles, equipment, fittings or fixtures used for or in connexion with the sale or the handling for sale of any food; S. 63(1)(h)(iv) amended by No. 14/2001 s. 32(b). (iv) the prohibition or regulation of the use of specified materials or materials of a specified class in the manufacture of equipment, fittings or fixtures; S. 63(1)(h)(v) amended by Nos 98/1997 s. 18(1)(g), 14/2001 s. 32(b). (v) the clothing to be worn by persons attending equipment or in, at or on premises or other places or vehicles in, at, on or from which any food is sold or handled for sale; S. 63(1)(h)(vi) amended by Nos 10262 s. 4, 20/1995 s. 18, 98/1997 s. 16(a), 14/2001 s. 32(c)(i)(ii). (vi) requiring the proprietor of food premises, or his nominee approved by the Secretary, or any persons employed or engaged by that proprietor to handle unpackaged food at those premises, to attend such courses of instruction in the handling of food as are prescribed; (vii) the standards of cleanliness and hygiene to be maintained; (viii) preventing or minimizing the spread of disease; S. 63(1)(h)(ix) amended by No. 14/2001 s. 32(b). (ix) the provision and use of equipment, fittings or fixtures; S. 63(1)(h)(x) amended by Nos 10262 s. 4, 98/1997 s. 16(a), 14/2001 s. 32(b). (x) prescribing standards for equipment, fittings or fixtures and requiring equipment, fittings or fixtures of specified kinds to be approved by the Secretary and specifying the procedure for obtaining such approval;
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 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). * * * * * 1 General information See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
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 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