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FOOD ACT 2003
- As at 13 January 2023
- Act 43 of 2003
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Objects of Act
4. Definitions
5. Meaning of "food"
6. Meaning of "food business"
7. Meaning of "primary food production"
8. Meaning of "unsafe" food
9. Meaning of "unsuitable" food
10. (Repealed)
11. Application of Act to water suppliers
12. Relationship to other laws
PART 2 - OFFENCES RELATING TO FOOD
Division 1 - Serious offences relating to food
13. Handling of food in unsafe manner
14. Sale of unsafe food
15. False description of food
Division 2 - Other offences relating to food
16. Handling and sale of unsafe food
17. Handling and sale of unsuitable food
18. Misleading conduct relating to sale of food
19. Sale of food not complying with purchaser's demand
20. Sale of unfit equipment or packaging or labelling material
21. Compliance with Food Standards Code
22. False descriptions of food
23. Application of provisions outside the State
Division 2A - Beef labelling
23A. Beef labelling schemes
23B. Misleading and deceptive conduct in relation to beef
23C. False descriptions of beef
23D. Exemptions for restaurants, take-away food shops and similar outlets
Division 3 - Defences
24. Defence relating to publication of advertisements
25. Defence in respect of food for export
26. Defence of due diligence
27. Defence of mistaken and reasonable belief not available
28. Defence in respect of handling food
29. Defence in respect of sale of unfit equipment or packaging or labelling material
PART 3 - EMERGENCY POWERS
30. Making of order
31. Nature of order
32. Special provisions relating to recall orders
33. Manner of making orders
34. Compensation
35. Failure to comply with emergency order
36. Limitation on stay of operation of emergency orders
PART 4 - INSPECTION AND SEIZURE POWERS
Division 1 - Inspection
37. Powers of authorised officers
38. Power of seizure
39. Search warrants
40. Failure to comply with requirements of authorised officers
41. Interfering with seized items
42. False information
43. Obstructing or impersonating authorised officers
43A. Powers of authorised officers and food safety auditors may be exercised concurrently
Division 2 - Items seized by authorised officers
44. Seized items
45. Notification of seizure
46. Destruction of filthy, decomposed or putrid matter
47. Return of seized item
48. Forfeiture of item
49. Cost of destruction or disposal of forfeited item
50. Return of forfeited item
51. Compensation to be paid in certain circumstances
52. Application for order disallowing seizure
53. Enforcement agency entitled to answer application
54. Order disallowing seizure of item
55. Ancillary orders
56. Adjournment pending hearing of other proceedings
PART 5 - IMPROVEMENT NOTICES AND PROHIBITION ORDERS FOR PREMISES OR EQUIPMENT
57. Unclean or unfit premises, vehicles or equipment
58. Improvement notice
59. Compliance with improvement notice
60. Prohibition order
61. Scope of notices and orders
62. Notices and orders to contain certain information
63. Request for re-inspection
64. Contravention of prohibition order
65. Administrative review of decision to refuse certificate of clearance
66. Compensation
66AA. Fee
PART 6 - TAKING AND ANALYSIS OF SAMPLES
Division 1 - Taking of samples
66A. Application of Division
67. Proprietor to be informed
68. Payment for sample
69. Samples from vending machines
70. Packaged food
71. Procedure to be followed
72. Samples to be submitted for analysis
Division 2 - Procedures relating to analyses
73. Compliance with Food Standards Code
74. Certificate of analysis
Division 3 - Approval of laboratories
75. Approval of laboratories
76. Term of approval
77. Approved laboratory to give notice of certain interests
78. Variation of conditions or suspension or cancellation of approval of laboratory
79. Administrative review of decisions relating to approval
80. List of approved laboratories to be maintained
Division 4 - Approval of analysts
81. Approval of persons to carry out analyses
82. Term of approval
83. Approved analyst to give notice of certain interests
84. Variation of conditions or suspension or cancellation of approval of analyst
85. Administrative review of decisions relating to approval
86. List of approved analysts to be maintained
PART 7 - AUDITING
Division 1 - Approval of food safety auditors
87. Approval of food safety auditors
87A. Beef labelling auditors
88. Term of approval
89. Food safety auditor to give notice of certain interests
90. Variation of conditions or suspension or cancellation of approval of auditor
91. Administrative review of decisions relating to approval
Division 2 - Auditing and reporting requirements
92. (Repealed)
93. Priority classification system and frequency of auditing
94. Duties of food safety auditors
95. Reporting requirements
96. Redetermination of frequency of auditing
97. Certificates of authority of food safety auditors
98. List of food safety auditors to be maintained
99. Obstructing or impersonating food safety auditors
PART 8 - REGULATION OF FOOD BUSINESSES
Division 1 - Notification of conduct of food businesses
100. Notification of conduct of food businesses
101. Exemption in relation to notification of information
101A. List of food businesses to be maintained
Division 2 - Food safety schemes
102. Regulations relating to establishment of food safety schemes
103. Consultation to be undertaken on regulations establishing food safety schemes
104. Offences relating to food safety schemes
105. Industry consultation
Division 3 - Requirements relating to food safety supervisors
106. Definitions
106A. Application of Division to certain food
106B. Food safety supervisors
106C. Appointment of food safety supervisor for premises
106D. Appointment of food safety supervisor for mobile catering business
106E, 106F. (Repealed)
106G. Inspection of food safety supervisor certificates
106H. Approval of registered training organisations to issue food safety supervisor certificates
106I. Fees and charges payable under Division
106J. Exemptions from operation of Division
Division 4 - Requirements relating to display of nutritional information for food
106K. Definitions
106L. Meaning of "standard food item"
106M. Meaning of "standard food outlet"
106N. Requirement for certain standard food outlets to display nutritional information
106O. Voluntary display of nutritional information to meet certain requirements
106P. Regulations relating to explanatory material about nutritional information
106Q. Exemptions from operation of Division
106R. 2012 review of Division and regulations under the Division
PART 9 - ADMINISTRATION
Division 1 - NSW Food Authority
107. Constitution of NSW Food Authority
108. Functions of Food Authority
109. Ministerial control of Food Authority
109A. Staff
109B. Use of consultants and contractors
109C. Private corporations
109D. Funding of private subsidiary corporations
109E. Delegation
Division 2 - Enforcement agencies
110. Definitions
111. Appointment of enforcement agencies
111A. Variation or revocation of appointment of enforcement agency
111B. Conditions and limitations on exercise of functions by enforcement agencies
111C. Guidelines relating to appointment of enforcement agencies
111D. Functions of enforcement agencies in relation to this Act
112. Exercise of functions by enforcement agencies
113. Reports by enforcement agencies
113A. Publication of information relating to enforcement agencies
Division 3 - Appointment of authorised officers
114. Appointment of authorised officers
115. Certificates of authority
Division 3A - Food Regulation Forum
115A. Food Regulation Forum
115B. Functions of Food Regulation Forum
Division 4 - Advisory committees
116. Establishment of advisory committees
117. Functions of advisory committees
Division 5 - Finance
117A. Food Authority Fund
117B. Investment
117C. Industry levies
117D. Payment of penalties and fines into Food Authority Fund
PART 10 - PROCEDURAL AND EVIDENTIARY PROVISIONS
118. Nature of proceedings for offences
119. Time for instituting proceedings
120. Penalty notices
121. Offences by employers
122. Liability of directors etc for offences by corporation--offences attracting executive liability
122A. Liability of directors etc for offences by corporation--accessory to the commission of the offences
122B. Evidence as to state of mind of corporation
123. Liability of employees and agents
124. Alternative verdicts for serious food offences
125. No defence to allege deterioration of sample
126. Onus to prove certain matters on defendant
127. Presumptions
128. Certificate evidence and evidence of analysts
129. Power of court to order further analysis
130. Disclosure by witnesses
131. Court may order costs and expenses
132. Court may order corrective advertising
PART 10A - DISCLOSURE OF INFORMATION ABOUT OFFENCES AND ALLEGED OFFENCES
133. Register of offences
133A. Register of information about penalty notices
133B. Publication of information on registers
133C. Correction of register
133D. Removal of information from register
133E. Addition of information to register
133F. Applications for changes to register
133G. Protection from liability (including defamation)
133H. Privacy and personal information
PART 11 - MISCELLANEOUS
134. Protection from personal liability
135. Exclusion of liability of the State and others
136. Disclosure of certain confidential information
136A. Certain information may be provided to and by Food Authority
137. Service of documents
137A. Recovery of fees and charges
137B. Authorised officers may perform functions under Commonwealth legislation
138. Act to bind Crown
139. Regulations
140. Temporary emergency regulations modifying the Code
141. Other regulations modifying the Code
142. Repeals
143. (Repealed)
144. Savings, transitional and other provisions
Schedule 1 (Repealed)
SCHEDULE 2
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