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FOOD ACT 1984
TABLE OF PROVISIONS
Long Title
PART I--PRELIMINARY
1. Short title
2. Commencement
3. Objects of Act
4. Definitions
4A. Meaning of food
4B. Meaning of food business
4C. Meaning of primary food production
4D. Meaning of unsafe food
4E. Meaning of unsuitable food
4F. Reference to proprietors of premises
4G. Food vending machines deemed to be food premises
4H. Reference in Food Standards Code to appropriate enforcement agency
4I. Declared authority for the purposes of references in Chapter 4 of the Food Standards Code
5. Orders
6. Act binds the Crown
6A. Application of Act to primary food production
6B. Application of Act to water suppliers and water storage managers
7. Extension to places outside municipal districts
PART IA--ADMINISTRATION AND REPORTING
7A. Role of councils
7B. Role of Department
7BA. Role of Department of Jobs, Precincts and Regions
7C. Annual report on food regulation
7D. Information required to be provided by councils
7E. Direction by the Minister
PART II--OFFENCES RELATING TO FOOD
Division 1--Serious offences relating to food
8. Knowingly handling food in unsafe manner
8A. Handling food in unsafe manner in other circumstances
9. Knowingly selling unsafe food
9A. Sale of unsafe food in other circumstances
10. Knowingly falsely describing food
10A. Falsely describing food in other circumstances
Division 2--Other offences relating to food
11. Handling and sale of unsafe food
12. Handling and sale of unsuitable food
13. Misleading conduct relating to sale of food
14. Sale of food not complying with purchaser's demand
15. Sale of unfit equipment or packaging or labelling material
16. Compliance with Food Standards Code
17. Proprietor's name to be affixed to premises
17A. False descriptions of food
17B. Application of provisions outside jurisdiction
Division 3--Defences
17C. Defence relating to publication of advertisements
17D. Defence in respect of food for export
17E. Defence of due diligence
17F. Defence of mistaken and reasonable belief not available
17G. Defence in respect of handling food
17H. Defence in respect of sale of unfit equipment or packaging or labelling material
PART IIA--KILOJOULE LABELLING SCHEME
Division 1--Definitions
18. Definitions
18A. What is a chain food premises?
18B. What is a chain supermarket?
18C. What is a standard food item?
Division 2--Requirement for proprietor of chain food premises to display kilojoule information
18D. Requirement for proprietor of chain food premises to display kilojoule information
18E. Chain food premises—manner and location of display of kilojoule information
Division 3--Requirement for proprietor of chain supermarket to display kilojoule labelling
18F. Requirement for proprietor of chain supermarket to display kilojoule information
18G. Chain supermarket—manner and location of display of kilojoule information
Division 4--Exemptions
18H. Exemptions
PART III--ORDERS
19. Orders relating to food premises
19AA. Orders relating to premises on which primary food production and related activities are carried out
19A. Orders relating to food vending machines and other equipment
19B. Orders relating to food handlers
19BA. Appeals against orders
PART IIIA--UNDERTAKINGS
19BB. Secretary may accept undertaking
19BC. Consent orders and enforcement of undertaking
PART IIIB--FOOD SAFETY
Division 1--Classification of food premises
19C. Declaration of classes of food premises
19CA. Notice of intention to make or vary declaration of classes of food premises
Division 2--Minimum record keeping
19CB. Minimum record keeping
Division 3--Food safety programs
19D. Food safety programs
19DB. Registration of food safety program templates
19DC. Standard food safety programs
19DD. QA food safety program
19E. Requirement for food safety program
19EA. Revision of food safety program
19F. Food safety program must be kept at premises
19FA. Proprietor to comply with written direction of registration authority
Division 4--Food safety supervisors
19G. Food safety supervisors
19GA. Requirement for food safety supervisor
19GB. Name of supervisor to be provided on request
Division 5--Assessment and audit of food premises
19H. Assessment and audit requirements for food premises
19HA. Food safety assessments and food safety audits
19I. Requirement for food safety assessment
19IA. Deficiencies identified in food safety assessment by registration authority
19J. Food safety assessment conducted by food safety auditor
19JA. Deficiencies identified in food safety assessment by food safety auditor
19K. Requirement for food safety audit
19L. Certificate of compliance following audit
19M. Deficiencies identified in food safety audit
19MA. Certificate of food safety program adequacy
19N. Food safety auditor to provide certain information to registration authority
19NA. Request by registration authority for copy of report prepared by food safety auditor
Division 6--Food safety auditors
19O. Only approved auditor may conduct audit
19P. Certification of food safety auditors
19Q. Auditor must comply with conditions of certification
19R. Offence to impersonate approved auditor
19S. Conflict of interest
19T. Revocation of approval to act as an auditor
19U. Audit by council staff
Division 7--Miscellaneous
19UA. Council fees for assessments
19V. Exemptions concerning food safety
19W. Directions concerning food safety
PART IV--AUTHORIZED OFFICERS
20. Authorized officers
21. Powers of authorized officers
22. Procuring of samples of food
23. Procedures on taking samples
24. Duties of officer upon seizure and detention of article
25. Keeping and storage of certain articles
26. Remedy in respect of articles seized
27. Destruction or other disposal of seized food
28. Liability for costs and expenses of storage or destruction or other disposal of seized article
29. Offences with respect to authorized officers and articles
PART V--ANALYSTS
30. Analysts
31. Duties of analysts
31A. Interstate analysts
32. Councils to submit samples for analysis
32A. Sampling requirement declaration
33. Copy of certificate of analysis
34. Prohibition on use of analyst's certificate for certain purposes
PART VI--REGISTRATION OF FOOD PREMISES
Division 1--General
35. Registration authority
35A. Requirement to be registered or to notify registration authority
36. Information required to be given to registration authority
36A. Application for registration or notification using online portal
36B. Charge for use of online portal
36C. Online portal charge
37. Notification requirement of Food Standards Code
38. Exemption from registration
Division 2--Notification of premises exempt from registration
38AA. Procedure for notification
38AB. Notification fee
Division 3--Registration of food premises
38A. Information required to accompany application for registration
38B. Requirements for registration
38C. Information required to accompany application for renewal of registration
38D. Requirements for renewal of registration
38E. Conditional registration
38F. Change in operation of registered food premises
38G. Change of food safety program type
39. Inspection of premises by registration authority
39A. Registration etc. may be made despite minor defects
39B. Offence to fail to comply with registration condition
39C. Contravention of section 34 of the Meat Industry Act 1993
40. Certificates of registration
40A. Certificates must be shown on demand
40B. Minister may specify period of registration
40C. Period for which registration lasts
40D. Revocation or suspension of registration
40E. Secretary may direct council to revoke or suspend a registration
40F. Cancellation of registration
41A. Registration fees
42. Appeal
43. Records of registration
43A. Transitional provision
Division 4--Single notification or registration scheme
43B. Application of Division to areas of land not within municipal district
43C. Single notification or registration scheme
43D. Principal premises of food business
43E. Declaration of requirements for notification or registration
43F. Notification or registration under the single notification or registration scheme
43G. Certificate of registration
43H. Declaration of requirements for statement of trade
43I. Statement of trade
PART VII--EMERGENCY POWERS
44. Making of order
44A. Nature of order
44B. Special provisions relating to recall orders
44C. Manner of making orders
44D. Compensation
44E. Failure to comply with emergency order
44F. Person has no right to be heard before order made
44G. Secretary may obtain enforcement order
PART VIII--LEGAL PROCEEDINGS
45. Proceedings for offences
45AA. Responsible agency for the Crown
45AB. Proceedings against successors to public bodies
45AC. Power to bring proceedings
45A. Burden of proof as to statements on packages etc.
45B. Prosecutions
46. Right of accused to have third person before court
46A. Analysis is not necessary to conviction
47. Power of court to order further analysis
48. Power of court to order forfeiture
49. Liability of accused for certain costs and expenses
50. Evidentiary provisions
50AA. Evidentiary certificate signed by the Secretary DHHS
50AAB. Evidentiary certificate signed by the Secretary DJPR or the chief executive officer of DFSV or PrimeSafe
50AB. Evidentiary certificate signed by chief executive officer of a council
50AC. Evidence of signatures
50A. Alternative verdicts for serious food offences
51. Offences by bodies corporate
51A. Criminal liability of officers of bodies corporate—accessorial liability
51B. Criminal liability of officers of bodies corporate—failure to exercise due diligence (legal burden of proof)
52. Offences by unincorporated bodies, partnerships etc.
52A. Offences by employers
52B. Liability of employees and agents
53. General penalty
53A. Court may order costs and expenses
53B. Court may order corrective advertising
PART VIIIA--PUBLICATION OF CONVICTIONS
53C. References to appeal against conviction
53D. Register of convictions
53E. Publication of information on register
53F. Information that must not be included in register
53G. Obtaining information for inclusion in the register
53H. Correction of register
53I. Removal of record of conviction from register
53J. Additional information
PART IX--MISCELLANEOUS PROVISIONS
54. Secrecy
54A. Confidential food information may be given to the Secretary
54B. Confidential food information may be given to the Food Safety Council
54C. Confidential food information may be given to a council
54D. Confidential food information may be given to a public statutory body
55. Mode of service of documents and certain samples
56. Protection against liability
56A. Infringements
57. Payment of penalties
58. Victorian Liquor Commission to be notified of certain matters
58A. Delegation by council
58AB. Delegations by Secretary DJPR, the DFSV or PrimeSafe
58B. Matters occurring outside registration area
59. False and misleading statements
59A. Destroying or damaging records
59B. Validity and effect of notices, orders and other documents
59C. Cost recovery in respect of failure to comply with direction or notice
PART X--FOOD SAFETY COUNCIL
60. Establishment of the Council
60A. Functions
60B. Powers
60C. Members of the Council
60D. Conditions of office of members
60E. Procedure at meetings
60F. Report on operations
60G. Use of assistants
60H. Members must not disclose confidential information
60I. Council the successor of the Food Standards Committee
PART XI--REGULATIONS
63. Regulations
63A. Prescribed food standards
63B. Limitation on power to make local laws
PART XII--TRANSITIONAL PROVISIONS FOR FOOD (AMENDMENT) ACT 2001
63C. Existing orders to continue
63D. Extended application of Division 3 of Part IIIA
PART XIII--TRANSITIONAL AND SAVINGS PROVISIONS FOR PART 2 OF THEFOOD AMENDMENT (REGULATION REFORM) ACT 2009
64. Definitions
65. Minimum record keeping
66. Food safety program templates
67. Inspections
68. Audits
69. Food safety auditors
70. Registration and notification of food premises
71. Grounds for revocation or suspension of registration or direction by the Secretary
72. Food (Forms and Registration) Regulations 2005
73. Register of convictions
74. First declaration under section 19C
75. Declarations made and exemptions granted before commencement
76. Transitional regulations
PART XIV--TRANSITIONAL AND SAVINGS PROVISIONS FOR PART 4 OFFOOD AMENDMENT (REGULATION REFORM) ACT 2009
77. Definitions
78. Temporary food premises, mobile food premises or food vending machine currently registered
79. Temporary food premises, mobile food premises or food vending machine for which notification has been given
PART XV--TRANSITIONAL AND SAVINGS PROVISIONS
80. Transitional provision—Primary Industries and Food Legislation Amendment Act 2012
81. Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013
82. Transitional provision—Food Amendment Act 2020
SCHEDULE 1
ENDNOTES
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