TABLE OF PROVISIONS PART 1 -- Preliminary 1. Short title 2. Commencement 3. Objects of Act 4. Application of Act to primary food production 5. Application of Act to water suppliers 6. Application of Act to prescribed community activities 7. Act to bind Crown PART 2 -- Interpretation 8. Terms used 9. Term used: food 10. Term used: food business 11. Term used: primary food production 12. Unsafe food 13. Unsuitable food PART 3 -- Offences relating to food Division 1 -- Serious offences relating to food 14. Handling of food in unsafe manner 15. Sale of unsafe food 16. False description of food Division 2 -- Other offences relating to food 17. Handling and sale of unsafe food 18. Handling and sale of unsuitable food 19. Misleading conduct relating to sale of food 20. Sale of food not complying with purchaser’s demand 21. Sale of unfit equipment or packaging or labelling material 22. Compliance with Food Standards Code 23. False description of food 24. Application of provisions outside Western Australia Division 3 -- Defences 25. Defence relating to publication of advertisements 26. Defence in respect of food for export 27. Defence of due diligence 28. Defence in respect of handling food 29. Defence in respect of sale of unfit equipment or packaging or labelling material Division 4 -- Alternative verdicts 30. Alternative verdicts for serious food offences PART 4 -- Emergency powers 31. Making of emergency order 32. Nature of emergency order 33. Special provisions relating to recall orders 34. Manner of making orders 35. Compensation 36. Failure to comply with emergency order 37. Limitation on stay of operation of emergency orders PART 5 -- Powers of entry, inspection and seizure Division 1 -- Entry, inspection and seizure 38. Powers of authorised officers 39. Self-incrimination not an excuse 40. Power of seizure 41. Application for warrant to enter premises 42. Issue of warrant 43. Duration of warrant 44. Execution of warrant 45. Failure to comply with requirements of authorised officers 46. Interfering with seized items 47. False information 48. Obstructing, impersonating or threatening authorised officers Division 2 -- Items seized by authorised officers 49. Seized items 50. Notification of seizure 51. Destruction of filthy, decomposed or putrid matter 52. Return of seized item 53. Forfeiture of item 54. Cost of destruction or disposal of forfeited item 55. Return of forfeited item 56. Compensation to be paid in certain circumstances 57. Application for order disallowing seizure 58. Enforcement agency entitled to answer application 59. Order disallowing seizure of item 60. Ancillary orders 61. Adjournment pending hearing of other proceedings PART 6 -- Improvement notices and prohibition orders Division 1 -- Improvement notices 62. Grounds for serving improvement notice 63. Improvement notice may require certain action to be taken 64. Compliance with improvement notice Division 2 -- Prohibition orders 65. Prohibition order 66. Certificate of clearance to be given in certain circumstances 67. Request for re-inspection 68. Contravention of prohibition order 69. Review of decision to refuse certificate of clearance 70. Compensation Division 3 -- Other matters 71. Scope of notices and orders 72. Notices and orders to contain certain information PART 7 -- Taking and analysis of samples Division 1 -- Taking of samples 73. Application of Division 74. Proprietor to be informed 75. Payment for sample 76. Samples from vending machines 77. Packaged food 78. Procedures to be followed 79. Samples to be submitted for analysis Division 2 -- Procedures relating to analyses 80. Compliance with Food Standards Code 81. Certificate of analysis Division 3 -- Approval of laboratories 82. Approval of laboratories 83. Term of approval 84. Person in charge of approved laboratory to give notice of certain interests 85. Variation of conditions or suspension or cancellation of approval of laboratory 86. Review of decisions relating to approval 87. List of approved laboratories to be maintained Division 4 -- Approval of analysts 88. Approval of persons to carry out analyses 89. Term of approval 90. Approved analyst to give notice of certain interests 91. Variation of conditions or suspension or cancellation of approval of analyst 92. Review of decisions relating to approval 93. List of approved analysts to be maintained PART 8 -- Auditing Division 1 -- Approval of food safety auditors 94. Approval of food safety auditors 95. Term of approval 96. Food safety auditor to give notice of certain interests 96A. Food safety auditor must be insured 97. Variation of conditions or suspension or cancellation of approval of auditor 98. Review of decisions relating to approvals Division 2 -- Auditing and reporting requirements 99. Food safety programs and auditing requirements 100. Priority classification system and frequency of auditing 101. Duties of food safety auditors 102. Reporting requirements 103. Redetermination of frequency of auditing Division 3 -- Other matters relating to food safety auditors 104. Certificates of authority of food safety auditors 105. List of food safety auditors to be maintained 106. Obstructing, impersonating or threatening food safety auditors PART 9 -- Registration of food businesses 107. Notification of conduct of food businesses 108. Exemption in relation to notification of information 109. Conduct of unregistered food businesses 110. Registration of food businesses 111. Term of approval 112. Variation of conditions or cancellation of registration of food businesses 113. Notification of certain changes to registered food businesses 114. Review of decisions relating to registration 115. Register of food businesses to be maintained PART 10 -- Administration Division 1 -- CEO 116. Functions of the CEO 117. CEO may delegate Division 2 -- Functions of enforcement agencies 118. Functions of enforcement agencies and delegation 119. Conditions on performance of functions by enforcement agencies 120. Performance of functions by enforcement agencies and authorised officers 121. Reports by and about enforcement agencies Division 3 -- Appointment of authorised officers 122. Appointment of authorised officers 123. Certificates of authority Division 4 -- Advisory committees 124. Establishment and functions of advisory committees PART 11 -- Procedural and evidentiary provisions 125. Institution of proceedings 126. Infringement notices 127. Offences by employees -- liability of employer 128. Liability of officers for offence by body corporate 129. Liability of employees and agents 130. No defence to allege deterioration of sample 131. Onus to prove certain matters on accused person 132. Presumption 133. Certificate evidence and evidence of analysts 134. Documentary evidence of certain matters 135. Power of court to order further analysis 136. Disclosure by witnesses 137. Court may order costs and expenses 138. Court may order forfeiture 139. Court may order corrective advertising PART 12 -- Miscellaneous 140. Fees and charges may be imposed and recovered by local governments that are enforcement agencies 141. Protection from liability for wrongdoing 142. Certain confidential information not to be disclosed 143. Publication of names of offenders 144. Regulations 145. Temporary emergency regulations modifying the Food Standards Code 146. Minister to review and report on Act PART 14 -- Transitional provisions Division 1 -- Transitional provisions for Food Act 2008 150. Term used: commencement day 151. Interpretation Act 1984 not affected 152. Orders under Health Act 1911 section 246W 153. Orders under Health Act 1911 section 246Y 154. Transitional regulations Division 2 -- Transitional provisions for Mutual Recognition (Western Australia) Amendment Act 2022 155. Providing insurance information Defined termsAn Act providing for the safety and suitability of food for human consumption, and for related purposes.