food business has the meaning given by section 4B; food premises means any premises at, on or from which food is sold, or handled with the intention that it be sold, but does not include— (a) any premises used solely for the purposes of a primary food production business, enterprise or activity; or (b) any premises or other place declared by an Order made under section 5(3) not to be a food premises; S. 4(1) def. of food safety assessment inserted by No. 42/2009 s. 3(g). food safety assessment has the meaning given by section 19HA(1); S. 4(1) def. of food safety audit inserted by No. 42/2009 s. 3(g). food safety audit has the meaning given by section 19HA(2); Food Safety Council means the Food Safety Council established under section 60; food safety program has the meaning given by section 19D; S. 4(1) def. of food safety program audit repealed by No. 42/2009 s. 3(c). * * * * * S. 4(1) def. of food safety program template substituted by No. 42/2009 s. 3(d). food safety program template means a written document that contains a set of instructions to enable the proprietor of a food business to create a food safety program that complies with section 19D;
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;
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; public statutory body means any body created by, or under the authority of, an Act of the Commonwealth or of a State or Territory for a public purpose; S. 4(1) def. of QA food safety program inserted by No. 42/2009 s. 3(g). QA food safety program has the meaning given by section 19DD(2); recall order means an order under Part VII requiring the recall or disposal, or both, of any food; S. 4(1) def. of registered medical practitioner amended by No. 97/2005 s. 182(Sch. 4 item 21), substituted by No. 13/2010 s. 51(Sch. item 24). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 4(1) def. of registration authority amended by No. 42/2009 s. 3(e). registration authority means the relevant registration authority, as determined under section 35; sample includes part of a sample;
S. 4(1) def. of Secretary substituted by Nos 29/2010 s. 56(1)(b), 60/2012 s. 47(4), amended by No. 2/2017 s. 16(1)(b). Secretary— (a) in paragraph (a) of the definition of authorized officer in section 4(1) of Part 1 and in Part II, Part III, Part IIIA (except section 19BB(5), (6) and (7)), Part IV (except section 20(5)), Part VIII and Part IX (except sections 56(1) and 59C(3)) means the Secretary DHHS or the Secretary DEDJTR; and (b) in any other provision in this Act means the Secretary DHHS; S. 4(1) def. of Secretary DH inserted by No. 60/2012 s. 47(5), amended as Secretary DHHS by No. 2/2017 s. 16(1)(c). Secretary DHHS means the Department Head (within the meaning of the Public Administration Act 2004) of the Department; S. 4(1) def. of Secretary DPI inserted by No. 60/2012 s. 47(5), substituted as Secretary DEDJTR by No. 2/2017 s. 16(1)(d). Secretary DEDJTR means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Economic Development, Jobs, Transport and Resources; sell includes— (a) barter, offer or attempt to sell; and (b) receive for sale; and (c) have in possession for sale; and (d) display for sale; and (e) cause or permit to be sold or offered for sale; and (f) send, forward or deliver for sale; and
consistent with the administration of this Act throughout Victoria by other councils; S. 7A(e) inserted by No. 42/2009 s. 45. (e) participate in the state-wide system for the single notification or registration of temporary food premises, mobile food premises or food vending machines. S. 7B inserted by No. 42/2009 s. 7. 7B Role of Department The role of the Department under this Act is to— (a) facilitate the exercise of the powers and functions of the Secretary under this Act; (b) promote the objects of this Act and the consistent administration of this Act by providing information and guidance to councils, authorized officers and food safety auditors; (c) publish an annual report on food regulation. S. 7BA (Heading) amended by No. 2/2017 s. 16(4). S. 7BA inserted by No. 60/2012 s. 52, amended by No. 2/2017 s. 16(5)(a). 7BA Role of Department of Economic Development, Jobs, Transport and Resources The role of the Department of Economic Development, Jobs, Transport and Resources under this Act is to— S. 7BA(a) amended by No. 2/2017 s. 16(5)(b)(c). (a) facilitate the exercise of the powers and functions of the Secretary DEDJTR in relation to primary food production and related activities that, under arrangements with the Secretary DHHS, are to be carried out or exercised by the Secretary DEDJTR; (b) promote the objects of this Act in relation to primary food production and related activities.
(2) A person who contravenes subsection (1) is guilty of an indictable offence and is liable to a penalty not exceeding— (a) in the case of an individual, $75 000; (b) in the case of a corporation, $375 000. Note to s. 8A inserted by No. 13/2013 s. 24(1). Note Section 51B applies to an offence against this section. S. 9 substituted by No. 14/2001 s. 8. 9 Knowingly selling unsafe food (1) A person must not sell food that the person knows is unsafe. (2) A person who contravenes subsection (1) is guilty of an indictable offence and is liable to a penalty not exceeding— (a) in the case of an individual, $100 000 or imprisonment for 2 years, or both; (b) in the case of a corporation, $500 000. Note to s. 9 inserted by No. 13/2013 s. 24(1). Note Section 51B applies to an offence against this section. S. 9A inserted by No. 14/2001 s. 8. 9A of unsafe food in other circumstances (1) A person must not sell food that the person ought reasonably to know is unsafe. (2) A person who contravenes subsection (1) is guilty of an indictable offence and is liable to a penalty not exceeding— (a) in the case of an individual, $75 000; (b) in the case of a corporation, $375 000.
Pt 3 (Heading and ss 18, 19) amended by Nos 10262 s. 4, 16/1986 s. 30, 57/1989 s. 3(Sch. items 79.1, 79.2), 13/1994 s. 6, 20/1995 ss 6, 7, 98/1997 ss 16(a), 17(a)–(c), 18(1)(c)(d), 14/2001 s. 9(a)–(h), 24/2003 s. 91, substituted as Pt 3 (Heading and ss 19, 19A) by No. 42/2009 s. 9. S. 19 substituted by No. 42/2009 s. 9. 19 Orders relating to food premises (1) This section applies if the relevant authority is satisfied from the report of an authorized officer that— (a) a food premises is in an unclean or unsanitary condition or in a state of disrepair; or (b) food being prepared, sold or otherwise handled at a food premises is unsafe or unsuitable; or (c) food is prepared, sold or otherwise handled at a food premises in a manner that makes it likely the food is unsafe or unsuitable. (2) The relevant authority may by written order direct that, within a specified time, either or both of the following things must be done— (a) the food premises must be put into a clean and sanitary condition or be altered or
(b) if it is not so satisfied, shall refuse the application and make an order confirming the seizure and detention of the article— and may make such order as it thinks fit in respect of the costs and expenses of and incidental to the removal and storage of the article seized. S. 26(4) amended by Nos 10262 s. 4, 12/1989 s. 4(1)(Sch. 2 item 47.6) (as amended by No. 13/1990 s. 38(1)(o)), 125/1993 s. 20(5)(e) 98/1997 s. 16(a), substituted by No. 60/2012 s. 58. (4) Subsection (5) applies if— (a) an application is made under subsection (1) and the application is refused; or (b) an application is not made under subsection (1) and the period of 7 days after the seizure has expired. S. 26(5) amended by No. 16/1986 s. 30, repealed by No. 57/1989 s. 3(Sch. item 79.5), new s. 26(5) inserted by No. 60/2012 s. 58, amended by No. 2/2017 s. 16(7). (5) After the application is refused or the period of 7 days after the seizure has expired (as the case may be) the article seized becomes the property of the— S. 26(5)(a) amended by No. 2/2017 s. 16(7)(a). (a) Secretary DHHS, if the authorized officer who seized the article is authorised by the Secretary DHHS under section 20(1); or S. 26(5)(b) amended by No. 2/2017 s. 16(7)(b). (b) Secretary DEDJTR, if the authorized officer who seized the article is authorised by the Secretary DEDJTR under section 20(1); or (c) a council, if the authorized officer who seized the article is an environmental health
(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. 38(4) substituted by Nos 10262 s. 4, 42/2009 s. 17(2). (4) An exemption granted under subsection (1) or (2) may be— (a) subject to any conditions; and (b) amended, varied or revoked in the same manner in which it was granted. S. 38(5) inserted by No. 40/1993 s. 82, substituted by No. 98/1997 s. 32, amended by No. 46/2008 s. 254. (5) A premises used solely as a meat processing facility within the meaning of the Meat Industry Act 1993 in respect of which a licence is in force under that Act is exempt from the requirement to be registered under this Act while that licence is in force.
S. 40 amended by Nos 10262 s. 4, 95/1986 s. 14, 13/1994 s. 10(k)–(m), 20/1995 ss 14, 15(1), substituted by No. 98/1997 s. 10. 40 Certificates of registration S. 40(1) amended by No. 14/2001 s. 26(d)(i)(ii). (1) On registering a food premises under this Act, the registration authority must give the person in whose name the premises is to be registered a certificate of registration in the form required by the regulations. S. 40(1A) inserted by No. 42/2009 s. 22. (1A) A certificate of registration for a food premises issued under subsection (1) must specify the class of food premises declared under section 19C to which the premises belongs. S. 40(2) amended by No. 46/2008 s. 256 (as amended by No. 29/2011 s. 3(Sch. 1 item 75.3)). (2) If a food premises is required to be registered with the council by or under Part 6 of the Public Health and Wellbeing Act 2008, the council may, subject to the requirements of that Act applicable to registration being complied with, incorporate the certificate of registration under this section in one document with any certificate of registration to be issued under that Act. S. 40A inserted by No. 98/1997 s. 10, amended by No. 14/2001 s. 26(d)(i)(ii). 40A Certificates must be shown on demand A person in whose name a food premises is registered must produce the certificate of registration issued in respect of the premises for inspection, if asked to do so by an authorised officer. 10 penalty units. Note to s. 40A inserted by No. 13/2013 s. 24(10). Note Section 51A applies to an offence against this section.
(2) Where in respect of a prosecution for an offence against this Act a copy of an analyst's certificate— (a) if obtained on behalf of the informant, is served with the summons; or S. 50(2)(b) amended by Nos 95/1986 s. 19(2), 68/2009 s. 97(Sch. item 59.11). (b) if obtained on behalf of the accused, is given to the informant at least seven days before the return day of the summons— that analyst's certificate shall, on its production in the proceedings, be sufficient evidence of the matters stated in the certificate and of the facts on which they are based unless an order is made under subsection (3) or unless notice is given under subsection (4). (3) Where an analyst's certificate, a copy of which has been served or given as mentioned in subsection (2), is produced or it is proposed to produce such a certificate, the court, where it is satisfied (whether upon an application made to it or by any other means) that in the circumstances of the case the analyst who issued the certificate should be called as a witness in the proceedings, may order that the analyst be called as a witness by the party who produces or proposes to produce the certificate. S. 50(4) amended by No. 95/1986 s. 19(3). (4) Where in respect of a prosecution for an offence against this Act a copy of an analyst's certificate has been obtained on behalf of a party, another party may at least three days before the hearing give notice in writing to the first-mentioned party that he requires the analyst to be called as a witness. S. 50(5) repealed by No. 11/1995 s. 3(2). * * * * *
(b) the Secretary becomes aware that— (i) leave has been granted to lodge an appeal against the conviction out of time; or (ii) the conviction or sentencing order has been stayed by a court; or (c) the removal is otherwise required by this Act or another law. (2) Information relating to a conviction for an offence that has been removed from the register because of subsection (1)(b) must be reentered on the register if— (a) the appeal against the conviction is abandoned or dismissed; or (b) leave to appeal against the conviction is refused. (3) If information relating to a conviction for an offence is removed from the register because of subsection (1)(b) and on the hearing of the appeal the court confirms or imposes a conviction for the offence, the information must be re-entered on the register and updated to include any information relating to the outcome of the hearing of the appeal. (4) If information relating to a conviction for an offence is re-entered on the register under subsection (2) or (3), for the purposes of subsection (1)(a) the 12 months runs from the date the information is re-entered on the register. (5) Information may be removed from the register under this section on the initiative of the Secretary or at the request of any person who is directly affected by the publication of the information.
S. 54(1)(ba)(ii) amended by No. 60/2012 s. 65. (ii) any other Act or regulation that applies to, or regulates, the premises or the activities at the premises to which the disclosure relates; or S. 54(1)(bb) inserted by No. 42/2009 s. 28(1). (bb) to a person or body administering or enforcing— (i) a corresponding law; or (ii) a law that relates to the safety or suitability of food; or (iii) the Aged Care Act 1997 of the Commonwealth; or (iv) any other law of a State or the Commonwealth prescribed by the regulations; 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). * * * * *
(z) prescribing— (i) forms to be used for the purposes of this Act and the particular purposes for which those forms shall respectively be used; and S. 63(1)(z)(ii) amended by No. 60/2012 s. 69(1). (ii) fees and charges payable or to be paid under or for the purposes of this Act or the Food Standards Code and the fixing thereof; the matters and things in respect of which they are payable or to 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; (c) differential fees or charges; S. 63(1A)(d) amended by No. 2/2017 s. 16(17). (d) fees or charges to be fixed and collected by the Secretary DEDJTR, 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), amended by No. 2/2017 s. 16(17). (1B) The Secretary DEDJTR, 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—
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) 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), 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
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) 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 a body corporate Failure to keep food safety program at premises 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 2 penalty units for Failure to lodge a
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 Assent Date: 3.5.94 Commencement Date: 3.5.94 : All of Act in operation Medical Practice Act 1994, No. 23/1994 Assent Date: 17.5.94 Commencement Date: S. 118(Sch. 1 item 21) on 1.7.94: Government Gazette 23.6.94 p. 1672 : This information relates only to the provision/s amending the Food Act 1984 Therapeutic Goods () Act 1994, No. 79/1994
"3A An offence against section 18D(1) 2 penalty units for a natural person; 4 penalty units for a body corporate Chain food to display kilojoule information 3B An offence against section 18F(1) 2 penalty units for a natural person; 4 penalty units for a body corporate Chain to display kilojoule information". 4 Explanatory details