FOOD ACT 2006

Queensland Consolidated Acts

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- As at 1 February 2024
- Act 3 of 2006

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

1. Short title
2. Commencement

PART 2 - APPLICATION AND PURPOSES OF ACT

Division 1 - Application

3. Act binds all persons
4. Exemption from application of Act
5. General application of Act to ships
6. How Act affects particular rights and remedies
7. Act not affected by Food Production (Safety) Act 2000

Division 2 - Purposes of Act

8. Main purposes
9. How main purposes are primarily achieved

PART 3 - INTERPRETATION

Division 1 - Dictionary and notes in text

10. Definitions
11. Notes in text

Division 2 - Particular definitions

12. Meaning of food
13. Meaning of food business
14. Meaning of food standards code
15. Meaning of handling of food
16. Meaning of manufacture
17. Meaning of off-site catering
18. Meaning of on-site catering
19. Meaning of sell
20. Meaning of unsafe food
21. Meaning of unsuitable food

PART 4 - ROLES OF THE STATE AND LOCAL GOVERNMENTS

22. Provisions that are administered only by the State
23. Provisions that are administered only by local governments
24. Provisions that are administered by both State and local governments
25. When State and local governments administer this Act in partnership
26. Action by the State if local government does not administer and enforce this Act
27. Procedure before taking action under s 26
28. State may require report from local government
29. Chief executive may give report to local government
30. Local laws relating to purposes of Act
31. Fees payable to local governments

CHAPTER 2 - OFFENCES RELATING TO FOOD

PART 1 - SERIOUS OFFENCES RELATING TO FOOD

32. Handling of food in unsafe way
33. Sale of unsafe food
34. False description of food

PART 2 - OTHER OFFENCES RELATING TO FOOD

35. Handling and sale of unsafe food
36. Handling and sale of unsuitable food
37. Misleading conduct relating to sale of food
38. Sale of unfit equipment or packaging or labelling material
39. Compliance with food standards code
40. False descriptions of food
41. Application of provisions outside the State

PART 3 - DEFENCES

42. Defence relating to publication of advertisements
43. Defence relating to food for export
44. Defence of due diligence
45. Disapplication of Criminal Code, ss 23 and 24
46. Defence relating to handling food
47. Defence relating to sale of unfit equipment or packaging or labelling material

CHAPTER 3 - LICENCES FOR PARTICULAR FOOD BUSINESSES

PART 1 - PRELIMINARY

48. Meaning of licensable food business

PART 2 - OFFENCES ABOUT CARRYING ON LICENSABLE FOOD BUSINESSES

49. Licence required to carry on licensable food business
50. Where licensee may carry on licensable food business
51. Licensee to comply with conditions of licence

PART 3 - APPLICATIONS FOR, AND ISSUE OF, LICENCES

Division 1 - Applications for licence

52. Application
53. What the application must state
54. When food safety program is to accompany application
55. Consideration of application
56. Criteria for granting application
57. Suitability of person to hold licence
58. Suitability of premises
59. Inquiry about application

Division 2 - Decisions on applications for licence

60. Decision on application
61. Failure to decide application
62. Further consideration of application
63. Accreditation of food safety program on grant of application

Division 3 - Provisional licences

64. Issue of provisional licence
65. When provisional licence ends
66. Extension of period for consideration of application if provisional licence issued

PART 4 - TERM AND CONDITIONS OF LICENCES

67. Term of licence other than provisional licence
68. Term of provisional licence
69. Conditions of licence

PART 5 - RENEWAL, RESTORATION OR AMENDMENT OF LICENCES

Division 1 - Preliminary

70. Application of pt 5
71. Notice of imminent expiry of licence

Division 2 - Renewal, restoration and amendment

Subdivision 1 - Applications

72. Application for renewal
73. Application for restoration
74. Application for amendment

Subdivision 2 - Inquiries about applications and continuation of licences

75. Inquiry about application
76. Licence continues pending decision about renewal or restoration
77. Failure to decide application

PART 6 - SUSPENSION OR CANCELLATION OF LICENCES

78. Grounds for suspension or cancellation
79. Show cause notice
80. Representations about show cause notice
81. Ending show cause process without further action
82. Suspension or cancellation
83. Immediate suspension of licence
84. Return of cancelled or suspended licence to local government

PART 7 - OTHER PROVISIONS ABOUT LICENCES AND LICENSEES

Division 1 - Requirements for applications

85. General requirements for applications under ch 3

Division 2 - Food safety supervisors

86. Licensee to have food safety supervisor
87. Availability of food safety supervisor
88. Licensee to advise local government about food safety supervisor

Division 3 - Carrying on licensable food business from mobile premises

89. Obligations of licensee while in second local government’s area
90. Action that may be taken by second local government
91. Notification to first local government
92. Action that may be taken by first local government

Division 4 - General provisions

93. Licence issued to more than 1 person
94. Form of licence
95. Surrender of licence
96. Application for replacement of licence
97. Decision about application for replacement of licence

CHAPTER 4 - FOOD SAFETY PROGRAMS

PART 1 - PRELIMINARY

98. Content of food safety program
99. Who must have accredited food safety program
100. Other persons may have accredited food safety program
101. Particular persons taken to have applied for accreditation of food safety program

PART 2 - APPLICATIONS FOR ACCREDITATION OF FOOD SAFETY PROGRAMS

102. Application for accreditation
103. Consideration of application
104. Criteria for accrediting food safety program
105. Inquiry about application
106. Decision on application
107. Failure to decide application
108. Further consideration of application

PART 3 - MATTERS ABOUT COMPLIANCE AUDITS FOR ACCREDITED FOOD SAFETY PROGRAMS

109. Frequency of compliance audits
110. Changing frequency of compliance audits
111. Limitation on frequency of compliance audits

PART 4 - AMENDMENT OF ACCREDITED FOOD SAFETY PROGRAMS

Division 1 - Amendment by holder of accredited food safety program

112. Application for approval of amendment
113. Inquiry about application

Division 2 - Amendment of accredited food safety program—local government’s initiative

114. Local government may direct holder to amend accredited food safety program
115. Amending accredited food safety program

PART 5 - CANCELLATION OF ACCREDITATION, AND SURRENDER, OF PARTICULAR FOOD SAFETY PROGRAMS

116. Application of pt 5
117. Grounds for cancellation
118. Show cause notice
119. Representations about show cause notice
120. Ending show cause process without further action
121. Cancellation
122. Surrender of accredited food safety program

PART 6 - OTHER PROVISIONS ABOUT ACCREDITED FOOD SAFETY PROGRAMS

123. Obligation to comply with accredited food safety program
124. Keeping copy of accredited food safety program
125. Inspection of accredited food safety program
126. Offence about advertising

CHAPTER 5 - AUDITORS

PART 1 - FUNCTIONS AND APPROVAL OF AUDITORS

Division 1 - Functions

127. Auditor’s functions

Division 2 - Obtaining approval as auditor

128. Application for approval as auditor
129. Consideration of application
130. Criteria for granting application
131. Suitability of person to be an auditor
132. Inquiry about application
133. Decision on application
134. Failure to decide application
134A. Further consideration of application

PART 2 - TERM AND CONDITIONS OF APPROVAL

135. Term of approval
136. Conditions of approval
137. Auditor to comply with conditions of approval

PART 3 - RENEWAL OF APPROVALS

138. Application for renewal
139. Inquiry about application
140. Approval continues pending decision about renewal

PART 4 - AMENDING CONDITIONS OF APPROVALS—APPLICATION BY AUDITOR

141. Application by auditor to amend conditions of approval
142. Inquiry about application
143. Failure to decide application

PART 5 - SUSPENSION OR CANCELLATION OF APPROVALS

144. Grounds for suspension or cancellation
145. Show cause notice
146. Representations about show cause notice
147. Ending show cause process without further action
148. Suspension or cancellation
149. Immediate suspension of approval
150. Return of cancelled or suspended approval to chief executive

PART 6 - GENERAL PROVISIONS

151. Applications—general
152. Form of approval
153. Surrender of approval
154. Application for replacement of approval
155. Decision about application for replacement of approval

CHAPTER 6 - AUDITS OF ACCREDITED FOOD SAFETY PROGRAMS

PART 1 - PRELIMINARY

156. Purpose of ch 6

PART 2 - AUDITS

Division 1 - Compliance audits

157. First compliance audit of accredited food safety program
158. Particular licensee to have compliance audits conducted

Division 2 - Check audits and nonconformance audits

159. Check audit
160. Nonconformance audit

Division 3 - Auditors’ reports and responsibilities

161. Report about audit for compliance or nonconformance audit
162. Auditor’s responsibility to inform local governments

PART 3 - OTHER MATTERS

163. Obstructing auditor
164. Impersonating auditor

CHAPTER 6A - DISPLAY OF NUTRITIONAL INFORMATION FOR FOOD

164A. Application of ch 6A
164B. Definitions
164C. Meaning of standard food item
164D. Meaning of standard food outlet
164E. Requirement to display nutritional information
164F. Voluntary display of nutritional information to meet certain requirements
164G. Explanatory material about nutritional information

CHAPTER 7 - MONITORING AND ENFORCEMENT

PART 1 - AUTHORISED PERSONS

Division 1 - Preliminary

165. Powers generally
166. Powers of particular authorised persons limited to local government area
167. Functions of authorised person

Division 2 - Appointment of authorised persons

168. Appointment and qualifications
169. Appointment conditions and limit on powers
170. Issue of identity card
171. Production or display of identity card
172. When authorised person ceases to hold office
173. Resignation
174. Return of identity card

PART 2 - POWERS OF AUTHORISED PERSONS

Division 1 - Entry of places

175. Power to enter places

Division 2 - Procedure for entry

176. Entry with consent
177. Application for warrant
178. Issue of warrant
179. Application by electronic communication and duplicate warrant
180. Defect in relation to a warrant
181. Warrants—procedure before entry

Division 3 - General powers

182. General powers after entering places
183. Failure to help authorised person
184. Failure to give information

Division 4 - Stopping or moving motor vehicles

185. Stopping or moving motor vehicle

Division 5 - Power to seize evidence

186. Seizing evidence at a place that may be entered without consent or warrant
187. Seizing evidence at a place that may only be entered with consent or warrant

Division 6 - Dealing with seized things

188. Securing seized things
189. Tampering with seized things
190. Powers to support seizure
191. Authorised person may require thing’s return
192. Receipts for seized things
193. Forfeiture of seized things
194. Return of seized things
195. Access to seized things
196. Power of destruction

Division 7 - Power to obtain information

197. Power to require name and address
198. Failure to give name or address
199. Power to require production of documents
200. Failure to produce document
201. Failure to certify copy of document
202. Power to require information

Division 8 - Emergency powers of authorised persons

203. Application of div 8
204. Power and procedure for entry
205. Power in relation to food
206. How power may be exercised
207. Failure to comply with authorised person’s directions in emergency
208. Authorised person’s powers not affected

Division 9 - Improvement notices

209. Improvement notice
210. Approval for particular improvement notice
211. Record of compliance with improvement notice

PART 3 - GENERAL ENFORCEMENT MATTERS

Division 1 - Notice of damage and compensation

212. Notice of damage
213. Compensation

Division 2 - Other matters

214. Obstructing authorised person
215. Impersonating authorised person

PART 4 - EMERGENCY POWERS OF CHIEF EXECUTIVE

216. Making of order
217. Nature of order
218. Special provisions relating to recall orders
219. Way of making orders
220. Compensation
221. Failure to comply with order

PART 5 - INJUNCTIONS

222. Application of pt 5
223. Who may apply for an injunction
224. District Court’s powers
225. Terms of injunction
226. Undertakings as to damages or costs

CHAPTER 8 - ANALYSIS OF THINGS

PART 1 - STATE ANALYSTS AND APPROVAL OF LABORATORIES

227. Appointment and qualifications
228. Appointment conditions
229. When State analyst ceases to hold office
230. Resignation
231. Chief executive may approve laboratory

PART 2 - OTHER MATTERS ABOUT ANALYSIS OF THINGS

232. Analysis
233. Certificate must indicate methodology used
234. Giving results of analysis
235. Prohibition about use of results of analysis

CHAPTER 9 - REVIEWS

PART 1 - INTERNAL REVIEW OF DECISIONS

236. Review process starts with internal review
237. Application for review
238. Applying for review
239. Review decision
240. Stay of operation of original decision

PART 2 - EXTERNAL REVIEW OF DECISIONS

241. Who may apply for external review
242. (Repealed)
243. (Repealed)
244. (Repealed)
245. (Repealed)
246. (Repealed)

CHAPTER 10 - LEGAL PROCEEDINGS

PART 1 - APPLICATION

247. Application of ch 10

PART 2 - EVIDENCE

248. Appointments and authority
249. Signatures
250. Evidentiary provisions

PART 3 - PROCEEDINGS

251. Summary offences
252. Alternative verdicts for particular offences
253. Independent analysis
254. Allegations of false or misleading information or document
255. Recovery of costs of investigation
256. Application for order for payment of costs under s 255
257. Forfeiture on conviction
258. Dealing with forfeited thing
259. Responsibility for acts or omissions of representative
260. Liability of executive officer—offence committed by corporation against executive liability provision
260A. Executive officer may be taken to have committed offence
261. Fines payable to local government

CHAPTER 11 - MISCELLANEOUS

PART 1 - GUIDELINES AND REGISTERS OF AUDITORS AND FOOD BUSINESSES

Division 1 - Guidelines

262. Chief executive may make guidelines
263. Availability of guideline

Division 2 - Registers

264. Chief executive to keep registers
265. Content of registers
266. Availability of registers

PART 2 - OFFENCES ABOUT FALSE OR MISLEADING STATEMENTS OR DOCUMENTS

267. False or misleading statements
268. False or misleading documents

PART 3 - PRESCRIBED CONTAMINANTS IN FOOD

269. Definition for pt 3
270. Notice of isolation of prescribed contaminant
271. Chief executive may give direction

PART 3A - SUSPECTED INTENTIONAL CONTAMINATION OF FOOD

271A. Definitions for pt 3A
271B. Reporting suspected intentional contamination of food
271C. Potentially contaminated food must not be disposed of
271D. Chief executive may give direction

PART 4 - OTHER MATTERS

272. Confidentiality of information
272A. Disclosure of information
273. Service of documents
274. Protecting officials from liability
275. Particular premises taken to be within local government area
276. Delegation by chief executive
277. Approval of forms
278. Regulation-making power

CHAPTER 12 - REPEAL AND TRANSITIONAL PROVISIONS

PART 1 - REPEAL PROVISION

279. Repeal of Food Act 1981

PART 2 - TRANSITIONAL PROVISIONS FOR ACT NO. 3 OF 2006

Division 1 - Preliminary

280. Definitions for pt 2

Division 2 - Transitional references

281. References to repealed Act

Division 3 - Other transitional provisions

282. Continuation of order under repealed Act, s 8
283. Continuation of order under repealed Act, pt 3
284. Application for compensation under repealed Act
285. Continuation of orders under repealed Act, s 21
286. Appeals
287. Dealing with articles seized under repealed Act
288. Direction about isolation of prescribed pathogen
289. Continuation of particular licences under former regulation
290. Lapsing of licences under former regulation
291. Application for particular licence under former regulation
292. Application for renewal of particular licence under former regulation
293. Lapsing of other applications relating to licences under former regulation
294. Lapsing of registration under former regulation
295. Lapsing of applications relating to registration under former regulation
296. Offences
297. Application of requirements about food safety supervisor and food safety program to existing licensees
298. No offence committed against food safety supervisor or food safety program provisions before 1 July 2008

PART 3 - TRANSITIONAL PROVISIONS FOR HEALTH LEGISLATION AMENDMENT ACT 2011

299. Definitions for pt 3
300. Existing relevant licence
301. Pending applications for relevant licence
302. Pending applications for renewal, restoration or amendment of relevant licence

PART 4 - TRANSITIONAL PROVISION FOR HEALTH LEGISLATION AMENDMENT ACT 2016

303. Application of ch 6A
SCHEDULE 2
SCHEDULE 3

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