Northern Territory Consolidated Acts

FOOD ACT 2004

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objects  
   4.      Application of Act to primary food production  
   5.      Act binds Crown  

   PART 2--INTERPRETATION

   6.      Definitions  
   7.      Meaning of food  
   8.      Meaning of food business  
   9.      Meaning of primary food production  
   10.     Meaning of unsafe in relation to food  
   11.     Meaning of unsuitable in relation to food  

   PART 3--OFFENCES RELATING TO FOOD

           Division 1--Serious offences relating to food

   12.     Handling food in unsafe manner  
   13.     Sale of unsafe food  
   14.     False description of food  

           Division 2--Other offences relating to food

   15.     Handling and sale of unsafe food  
   16.     Handling and sale of unsuitable food  
   17.     Misleading conduct relating to sale of food  
   18.     Sale of food not complying with purchaser's demand  
   19.     Sale of unfit equipment or packaging or labelling material  
   20.     Compliance with Food Standards Code  
   21.     False descriptions of food  

           Division 3--Defences

   22.     Defence relating to publication of advertisements  
   23.     Defence in respect of food for export  
   24.     Defence of due diligence  
   25.     Defence of mistaken and reasonable belief not available  
   26.     Defence in respect of handling food  
   27.     Defence in respect of sale of unfit equipment or packaging or labelling material  

           Division 4--General

   28.     Application of provisions outside Territory  
   29.     Alternative verdicts for serious food offences  

   PART 4--ADMINISTRATION

           Division 1--Chief Health Officer

   30.     Powers and functions of Chief Health Officer  
   31.     Delegation  
   32.     Exemption from application of Act  

           Division 2--Enforcement agencies

   33.     Appointment of enforcement agencies  
   34.     Powers and functions of enforcement agencies  
   35.     Conditions on exercise of powers etc. by enforcement agencies  
   36.     Reports by enforcement agencies  

           Division 3--Authorised officers

   37.     Appointment of authorised officers  
   38.     Functions of authorised officers  
   39.     Identity cards of authorised officers  

   PART 5--EMERGENCY POWERS

   40.     Application of Part  
   41.     When emergency order may be made  
   42.     Nature of order  
   43.     Special provisions relating to recall orders  
   44.     Manner of making orders  
   45.     Compensation  
   46.     Failure to comply with emergency orders  
   47.     Limitation on stay of operation of emergency powers  

   PART 6--POWERS OF ENTRY, INSPECTION AND SEIZURE

           Division 1--Entry, inspection and seizure

   48.     Power of entry and inspection of authorised officers  
   49.     Self-incrimination not an excuse  
   50.     Power of seizure  
   51.     Search warrants  
   52.     Failure to comply with requirements of authorised officer  
   53.     Interfering with seized substances or things  
   54.     False information  
   55.     Obstructing or impersonating authorised officers  

           Division 2--Substances or things seized by authorised officers

   56.     Interpretation  
   57.     Seized substances or things  
   58.     Notification of seizure  
   59.     Destruction of filthy, decomposed or putrid matter  
   60.     Return of substance or thing seized  
   61.     Forfeiture of substance or thing  
   62.     Cost of destruction or disposal of forfeited substance or thing  
   63.     Return of forfeited substance or thing  
   64.     Compensation to be paid in certain circumstances  
   65.     Application for order disallowing seizure  
   66.     Enforcement agency entitled to answer application  
   67.     Order disallowing seizure of substance or thing  
   68.     Ancillary orders  
   69.     Adjournment pending hearing of other proceedings  

   PART 7--REGISTRATION OF FOOD BUSINESS

   70.     Requirement for food businesses to be registered  
   71.     Application to register food business  
   72.     Grant or refusal of registration  
   72A.    Time for decision to grant or refuse registration  
   73.     Conditions of registration  
   74.     Term of registration  
   75.     Renewal of registration  
   76.     Display etc. of notice of registration  
   77.     Registration non-transferable  
   78.     Variation of conditions of registration of food business  
   79.     Cancellation of registration of food business  
   80.     Cancellation of registration no bar to proprietor re-applying for registration  
   81.     Register of registered food businesses  
   82.     Changes of name relating to registered business to be notified  
   83.     Chief Health Officer to be notified of sale or disposal of food business  
   84.     Review of decisions relating to registration  

   PART 7A--FOOD SECURITY

   84A.    Declaration of community stores  
   84B.    Food security conditions  
   84C.    Food security standards  
   84D.    Guidelines  
   84E.    Review of decision relating to food security  
   84F.    Review of Part  

   PART 8--TAKING AND ANALYSIS OF SAMPLES

           Division 1--Taking of samples

   85.     Proprietor to be informed  
   86.     Payment for sample  
   87.     Samples from food vending machines  
   88.     Packaged food  
   89.     Procedure for taking samples  
   90.     Samples to be submitted for analysis  

           Division 2--Procedures relating to analyses

   91.     Who carries out analyses  
   92.     Compliance with Food Standards Code  
   93.     Certificate of analysis  

           Division 3--Approval of analysts

   94.     Approval of individuals or organisations to carry out analyses  
   95.     Term of approval  
   96.     Approved analyst to give notice of certain interests  
   97.     Variation of conditions or suspension or cancellation of approval of approved analyst  
   98.     Review of decisions relating to approvals  
   99.     List of approved analysts  

   PART 9--IMPROVEMENT NOTICES

   100.    Grounds for issuing improvement notice  
   101.    Form and contents of improvement notice  
   102.    Compliance with improvement notice  
   103.    Notification of compliance with improvement notice  

   PART 10--PROHIBITION ORDERS

   104.    Grounds for issuing prohibition order  
   105.    Form and contents of prohibition order  
   106.    Display of prohibition order  
   107.    Compliance with prohibition order  
   108.    Certificate of clearance  
   109.    Request for inspection by proprietor issued with prohibition order  
   110.    Review of decision to refuse certificate of clearance  
   111.    Compensation  

   PART 11--PROCEDURE AND EVIDENTIARY MATTERS

   112.    Commencement of proceedings  
   113.    Analyst's certificate to be served with summons  
   114.    Criminal liability of executive officer of body corporate  
   114A.   Criminal liability of executive officer of body corporate – deemed liability if body corporate commits offence  
   115.    Prosecution of employers for actions of employees  
   116.    Liability of employees and agents  
   117.    No defence to allege deterioration of sample  
   118.    Onus to prove certain matters on defendant  
   119.    Presumptions  
   120.    Certificate evidence of results of analysis and evidence of analysts  
   121.    Documents as evidence of matters under Act or Regulations  
   122.     Power of court to order further analysis  
   123.    Right of defendant to have third person before court  
   124.    Alternative defendants  
   125.    Disclosure by witnesses  
   126.    Court may order costs and expenses  
   127.    Court may order forfeiture  
   128.    Court may order corrective advertising  

   PART 12--MISCELLANEOUS

   129.    Adoption and application of national guidelines  
   130.    Protection from liability  
   131.    Bribery  
   132.    Disclosure of confidential information  
   133.    Publication of names of offenders  
   134.    Regulations  
   135.     Regulations may apply, adopt or incorporate other documents  
   136.    Temporary regulations that apply in addition to or in place of Food Standards Code  

   PART 13--REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

   137.    Definitions  
   138.    Repeal  
   139.    Savings: authorized officers  
   140.    Savings: analysts  
   141.    Savings: samples taken and items seized under repealed Food Act  
   142.    Savings: registration as eating house under Public Health (Eating Houses) Regulations  
   143.    Savings: applications for registration as an eating house under Public Health (Eating Houses) Regulations  
   144.    Savings: Food (Administration) Regulations 1995 and other instruments of legislative or administrative character  
   145.    Administrator may make regulations dealing with savings and transitional matters  

   PART 14--TRANSITIONAL MATTERS FOR STATUTE LAW AMENDMENT (DIRECTORS' LIABILITY) ACT 2015

   146.    Offences – before and after commencement  
           SCHEDULE
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