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;
S. 4H inserted by No. 42/2009 s. 5. 4H Reference in Food Standards Code to appropriate enforcement agency s. 4H For the purposes of any provision of this Act which applies the Food Standards Code, a reference in Standard 3.1.1 of that code to an appropriate enforcement agency is taken to be a reference to the registration authority. 5 Orders (1) The Governor in Council may by Order published in the Government Gazette— (a) declare a law of a State or Territory of the Commonwealth of Australia to be a corresponding law for the purposes of this Act; and S. 5(1)(b) repealed by No. 14/2001 s. 6. * * * * * (2) An Order made by the Governor in Council under subsection (1) may by like Order be amended, varied or revoked. S. 5(3) substituted by No. 98/1997 s. 4(1). (3) The Minister may make an order declaring— (a) any premises or part of a premises or any other place not to be a food premises for the purposes of this Act. S. 5(3)(b) repealed by No. 14/2001 s. 6. * * * * * S. 5(3A) inserted by No. 98/1997 s. 4(1). (3A) The Minister may, by order published in the Government Gazette, exempt from this Act or any provision of this Act— (a) any food premises or class of food premises.
S. 6B inserted by No. 14/2001 s. 7, substituted by No. 46/2003 s. 58. 6B Application of Act to water suppliers and water storage managers s. 6B (1) The following provisions of this Act do not apply to, or in relation to, a water supplier or water storage manager in respect of the supply of water for human consumption through a reticulated water system— (a) sections 8, 8A, 10, 10A, 11(1), 12(1), 13, 14 and 15; (b) section 16 to the extent to which it requires compliance with the requirements of the Food Safety Standards; (c) Parts III, IIIA, IIIB, IV and VI. (2) In this section— water storage manager means— (a) a water storage manager within the meaning of section 3 of the Safe Drinking Water Act 2003; or (b) a person that is employed or engaged by such a body to supply water for human consumption; water supplier means— (a) a water supplier within the meaning of section 3 of the Safe Drinking Water Act 2003; or (b) a body that is constituted by or under an Act and that has as one of its functions the supply of water for human consumption; or (c) a person that is employed or engaged by such a water supplier or body to supply water for human consumption; 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) The auditor must give written notice to the proprietor of the premises— (a) stating that opinion and the reasons for the opinion; and (b) identifying the deficiencies that need to be remedied; and (c) advising that the deficiencies must be remedied— (i) in the case where the auditor is of the opinion that a serious threat to public health exists on the food premises, as soon as practicable; or s. 19JA (ii) in any other case, within the period specified in the notice. (3) Within 14 days of the expiry of the period specified in the notice, the food safety auditor must check to see whether the deficiencies have been remedied. (4) Sections 19M(6), 19M(7) and 19M(8) apply to the assessment as if it were an audit and the reference in section 19M(7)(a) to subsections (2)(b) and (2)(c) of that section were a reference to subsections (2)(b) and (2)(c) of this section. (5) Despite subsection (4), a certificate given to the proprietor of a food premises in relation to a food safety assessment conducted under this section does not need to address the adequacy of the food safety program for the premises. S. 19K substituted by No. 42/2009 s. 13. 19K Requirement for food safety audit s. 19K
An approved food safety auditor must comply with any conditions imposed under section 19P(2)(b) or 19P(3) on the certification of the person as a food safety auditor. 40 penalty units. S. 19R substituted by No. 42/2009 s. 13. 19R Offence to impersonate approved auditor (1) A person must not directly or indirectly represent that he or she is an approved food safety auditor unless the person is an approved food safety auditor. 40 penalty units. (2) Without limiting subsection (1), a person represents that he or she is an approved food safety auditor if the person uses or takes the title "approved food safety auditor". (3) A person must not directly or indirectly represent that he or she is authorised to conduct a food safety audit unless the person is an approved food safety auditor. 40 penalty units. S. 19S substituted by No. 42/2009 s. 13. 19S Conflict of interest (1) A person must not conduct a food safety audit of a food premises if the person has written, or assisted in preparing, the food safety program for the premises. 40 penalty units. (2) A person must not conduct a food safety audit of a food premises if the person is the proprietor, or an employee or officer of the proprietor, of the premises. 40 penalty units.
(b) contain the signature of the authorized officer; and (c) be signed by the Secretary. s. 20 S. 20(4) substituted by No. 46/2008 s. 253(3). (4) An authorized officer must produce his or her identity card for inspection— (a) before exercising a power under this Act; and (b) at any time during the exercise of a power under this Act, if asked to do so. S. 20(5) amended by Nos 95/1986 s. 7(1), 12/1989 s. 4(1)(Sch. 2 item 47.4) (as amended by No. 13/1990 s. 38(1)(o)), 125/1993 s. 20(5)(c), 13/1994 s. 7(2)(a)(b), 20/1995 s. 9(1), 98/1997 s. 16(a), 14/2001 s. 20(1), 46/2008 s. 253(4). (5) Unless acting in accordance with a delegation from the Secretary under section 19 of the Public Health and Wellbeing Act 2008, an authorized officer who is an environmental health officer shall not exercise the powers and authorities or discharge the functions and duties conferred or imposed upon him by or under this Act in or with respect to any food premises being operated by or on behalf of the Crown or on land that is not part of a municipal district. S. 20(6) amended by Nos 10262 s. 4, 95/1986 s. 7(2), 12/1989 s. 4(1)(Sch. 2 item 47.5) (as amended by No. 13/1990 s. 38(1)(o)(q)), 125/1993 s. 20(5)(d), repealed by No. 13/1994 s. 7(3). * * * * *
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. 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 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—
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. (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 s. 40A 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. S. 40B inserted by No. 98/1997 s. 10, amended by No. 14/2001 s. 26(e). 40B Minister may specify period of registration (1) The Minister may, by notice published in the Government Gazette, declare that the registration of a specified class of food premises is to remain in force for a specified period of more than 1 year. (2) The Minister may, by notice published in the Government Gazette, vary any such declaration. (3) In making a declaration, the Minister may also declare what transitional arrangements are to apply to enable the effective operation of the declaration.
S. 40E inserted by No. 98/1997 s. 10, amended by No. 14/2001 s. 26(h). 40E Secretary may direct council to revoke or suspend a registration s. 40E (1) The Secretary may direct a council to suspend or revoke the registration of a food premises if, in the opinion of the Secretary, any of the matters listed in section 40D(1) apply. (2) In directing a suspension, the Secretary must specify for how long the suspension is to last. (3) A direction must be in writing. (4) A council must comply with a direction. S. 41 amended by Nos 10262 s. 4, 13/1994 s. 10(n)–(s), repealed by No. 98/1997 s. 10. * * * * * S. 41A inserted by No. 95/1986 s. 15, substituted by No. 13/1994 s. 11. 41A Registration fees s. 41A (1) The fees for registration, renewal of registration and transfer of registration are— (a) if registration is made with a Council, as determined by resolution of the Council; or (b) in any other case, as prescribed. (2) Fees determined by the Council under this section— S. 41A(2)(a) amended by No. 14/2001 s. 26(h). (a) may vary according to the size or nature of the food premises; and S. 41A(2)(ab) inserted by No. 42/2009 s. 25. (ab) may vary according to the class of food premises declared under section 19C to which the premises belongs; and S. 41A(2)(ac) inserted by No. 42/2009 s. 25. (ac) may incorporate in whole or part, the costs associated with the assessment and inspection of the premises; and
(b) must not exceed the amount (if any) for the time being fixed by the Governor in Council by Order published in the Government Gazette. 42 Appeal S. 42(1) amended by Nos 10262 s. 4, 16/1986 s. 30, 57/1989 s. 3(Sch. item 79.6), 13/1994 s. 10(t), 98/1997 s. 17(d), 14/2001 s. 26(h). (1) A person who is aggrieved by a decision of a registration authority refusing to grant an application for or for the renewal of the registration of any food premises under this Act or suspending or revoking any such registration may appeal to the Magistrates' Court within one month after receiving notification of the refusal, suspension or revocation. (2) Upon any appeal under subsection (1) the court shall— S. 42(2)(a) amended by Nos 10262 s. 4, 98/1997 s. 17(d). (a) reconsider the decision of the registration authority; and S. 42(2)(b) amended by Nos 10262 s. 4, 98/1997 s. 17(d). (b) hear any relevant evidence tendered whether by the person aggrieved or by the registration authority. (3) The costs of and incidental to an appeal under subsection (1) shall be in the discretion of the court to which the appeal is made. S. 42(4) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 24). (4) Nothing in subsection (2)(b) prevents the application of Part 3.10 of the Evidence Act 2008.
(b) an infringement notice issued by an authorized officer of a council is taken to have been issued by the council. S. 58 amended by No. 10262 s. 4, substituted by No. 97/1987 s. 179(3)(b). 58 Director of Liquor Licensing to be notified of certain matters S. 58(1) amended by Nos 98/1997 s. 17(h)(i)(ii), 74/2000 s. 3(Sch. 1 items 51.1, 51.2). (1) If the Secretary or the registration authority makes an order under section 19 in respect of premises in respect of which a licence or permit under the Liquor Control Reform Act 1998 is in force, the Secretary or the registration authority must notify the Director of Liquor Licensing of the making of the order. S. 58(2) amended by Nos 98/1997 s. 17(i), 74/2000 s. 3(Sch. 1 item 51.2). (2) If a person who is the holder of a licence or permit referred to in subsection (1) is charged with an offence against this Act of which he or she is found guilty or to which he or she pleads guilty and in respect of which a conviction is not recorded, the Secretary or the registration authority which caused proceedings to be instituted for the offence shall notify the Director of Liquor Licensing of the result of the proceedings. S. 58A inserted by No. 95/1986 s. 20, amended by Nos 13/1994 ss 10(v), 14, 98/1997 s. 12, 14/2001 s. 26(k), substituted by No. 42/2009 s. 29. 58A Delegation by council (1) A council may delegate to one or more of its officers or members of its staff its powers and discretions under Part III (other than its power under section 19(3)), Part IIIB, Part VI and section 46(5). (2) The refusal by an officer or member of a council's staff to grant, renew or transfer the registration of a food premises is of no effect until it is ratified by the council or the chief executive officer of the council. s. 58B
purposes of this Act or is necessary to be prescribed for carrying this Act into effect and, without limiting the generality of the foregoing, for or with respect to— (a) prescribing standards for the nature, substance, composition, strength, weight, quantity, purity or quality of food generally or food of a specified class or description or of any ingredient thereof or for the nature or proportion of any substance that may be mixed with or used in the preparation or preservation thereof; (b) prohibiting the addition to, mixture with or use in the preparation of or presence in food generally or food of a specified class or description of a specified substance or a specified substance exceeding a prescribed quantity or proportion; (c) prescribing the quantity or proportion of a specified substance that is to be the quantity or proportion or the maximum or minimum or maximum and minimum quantities and proportions that shall or may be added to, mixed with or used in the preparation of or present in food generally or food of a specified class or description; S. 63(1)(d) amended by Nos 98/1997 s. 18(1)(d), 14/2001 s. 32(a). (d) prohibiting the sale or the handling for sale of food generally or food of a specified class or description the use of any equipment containing a specified substance or a specified substance exceeding a prescribed quantity or proportion;
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; s. 63 (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;
(1) On the commencement date, the following cease to have effect— (a) any declaration made under section 19C as in force immediately before that date; (b) any exemption granted under section 19V as in force immediately before that date. (2) An exemption granted under section 38(3) as in force immediately before the commencement date remains in force for 4 months after that date unless sooner revoked under section 38(4). S. 76 inserted by No. 42/2009 s. 33. 76 Transitional regulations The Governor in Council may make regulations containing provisions of a saving or transitional nature consequent on the enactment of the Food Amendment (Regulation Reform) Act 2009. _________________ 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. 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 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
12(2)(c), 12(3), 12(4), 13, 14, 15(2) 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 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 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 6 November 1986 page 4213. Sections 31(b) and 50(5) were never proclaimed, repealed by No. 11/1995 section 3(2). Table of Amendments Endnotes This Version incorporates amendments made to the Food Act 1984 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Health (Amendment) Act 1985, No. 10262/1985 Assent Date: 10.12.85 Commencement Date: S. 4(Sch.) on 1.3.86: Government Gazette 26.2.86 p. 451 : This information relates only to the provision/s amending the Food Act 1984 Courts Amendment Act 1986, No. 16/1986 Assent Date: 22.4.86 Commencement Date: S. 30(Sch.) on 1.7.86: Government Gazette 25.6.86 p. 2180 : This information relates only to the provision/s amending the Food Act 1984 Food (Amendment) Act 1986, No. 95/1986 Assent Date: 16.12.86 Commencement Date: 16.12.86 : All of Act in operation Liquor Control Act 1987, No. 97/1987 Assent Date: 1.12.87 Commencement Date: S. 179 on 3.5.88: Government Gazette 27.4.88 p. 1044 : This information relates only to the provision/s amending the Food Act 1984 Local Government (Consequential Provisions) Act 1989, No. 12/1989 (as amended by No. 13/1990)
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 Assent Date: 22.11.94 Commencement Date: S. 74 on 22.5.95: s. 2(3) : This information relates only to the provision/s amending the Food Act 1984 Statute Law Revision Act 1995, No. 11/1995 Assent Date: 26.4.95 Commencement Date: 26.4.95: s. 2 : All of Act in operation Food (Amendment) Act 1995, No. 20/1995 Assent Date: 16.5.95 Commencement Date: 16.5.95 : All of Act in operation Legal Practice Act 1996, No. 35/1996 Endnotes Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 item 33) on 1.1.97: s. 2(3) : This information relates only to the provision/s amending the Food Act 1984 Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996 Assent Date: 12.12.96 Commencement Date: S. 10(Sch. 2 item 7) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15 : This information relates only to the provision/s amending the Food Act 1984 Food (Amendment) Act 1997, No. 98/1997