South Australian Current Acts

FOOD ACT 2001

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   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.     Application of Act to primary food production
   11.     Application of Act to drinking water
   12.     Act binds Crown

   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 jurisdiction

           Division 3--Defences and nature of offences

   24.     Defence relating to publication of advertisements
   25.     Defence in respect of food for export
   26.     Defence of due diligence
   27.     Defence in respect of handling food
   28.     Defence in respect of sale of unfit equipment or packaging or labelling material
   29.     Nature of offences
   30.     Alternative verdicts for serious food offences

   PART 3--Emergency powers

   31.     Making of order
   32.     Nature of order
   33.     Special provisions relating to recall orders
   34.     Manner of making orders
   35.     Review of order
   36.     Failure to comply with emergency order

   PART 4--Inspection and seizure powers

           Division 1--Inspection

   37.     Powers of authorised officers
   38.     Search warrants
   39.     Failure to comply with requirements of authorised officers
   40.     False information
   41.     Obstructing or impersonating authorised officers

           Division 2--Seizure

   42.     Seizure

   PART 5--Improvement notices and prohibition orders

   43.     Unclean or unfit premises, vehicles or equipment
   44.     Improvement notice
   45.     Compliance with improvement notice
   46.     Prohibition order
   47.     Scope of notices and orders
   48.     Notices and orders to contain certain information
   49.     Request for re-inspection
   50.     Contravention of improvement notice or prohibition order
   51.     Review of decision to refuse certificate of clearance
   52.     Review of order

   PART 6--Taking and analysis of samples

           Division 1--Taking of samples

   53.     Proprietor to be informed
   54.     Payment for sample
   55.     Samples from vending machines
   56.     Packaged food
   57.     Procedure to be followed
   58.     Samples to be submitted for analysis

           Division 2--Procedures relating to analyses

   59.     Compliance with Food Standards Code
   60.     Certificate of analysis

           Division 3--Approval of laboratories

   61.     Approval of laboratories
   62.     Term of approval
   63.     Approved laboratory to give notice of certain interests
   64.     Variation of conditions or suspension or cancellation of approval of laboratory
   65.     Review of decisions relating to approval
   66.     List of approved laboratories to be maintained

           Division 4--Approval of analysts

   67.     Approval of persons to carry out analyses
   68.     Term of approval
   69.     Approved analyst to give notice of certain interests
   70.     Variation of conditions or suspension or cancellation of approval of analyst
   71.     Review of decisions relating to approval
   72.     List of approved analysts to be maintained

   PART 7--Auditing

           Division 1--Approval of food safety auditors

   73.     Approval of food safety auditors
   74.     Term of approval
   75.     Food safety auditor to give notice of certain interests
   76.     Variation of conditions or suspension or cancellation of approval of auditor
   77.     Review of decisions relating to approvals

           Division 2--Auditing and reporting requirements

   78.     Food safety programs and auditing requirements
   79.     Priority classification system and frequency of auditing
   80.     Duties of food safety auditors
   81.     Reporting requirements
   82.     Redetermination of frequency of auditing
   83.     Certificates of authority of food safety auditors
   84.     List of food safety auditors to be maintained
   85.     Obstructing or impersonating food safety auditors

   PART 8--Notification of food businesses

   86.     Notification of food businesses

   PART 9--Administration

           Division 1--Relevant authority

   87.     Provision relating to functions
   88.     Delegations by relevant authority

           Division 2--Functions of enforcement agencies

   89.     Functions of enforcement agencies in relation to this Act
   90.     Conditions on exercise of functions by enforcement agencies
   91.     Delegations by enforcement agency
   92.     Exercise of functions by enforcement agencies
   93.     Reports by enforcement agencies

           Division 3--Appointment of authorised officers

   94.     Appointment of authorised officers
   95.     Certificates of authority

           Division 4--Agreement and consultation with local government sector on administration and enforcement of Act

   96.     Agreement and consultation with local government sector

   PART 10--Procedural and evidentiary provisions

   97.     Offences by employers
   98.     Offences by bodies corporate
   99.     Liability of employees and agents
   100.    No defence to allege deterioration of sample
   101.    Onus to prove certain matters on defendant
   102.    Presumptions
   103.    Certificate evidence and evidence of analysts
   104.    Power of court to order further analysis
   105.    Court may order costs and expenses
   106.    Court may order forfeiture
   107.    Court may order corrective advertising

   PART 11--Miscellaneous

   108.    Special power of exemption
   109.    Annual report
   110.    Protection from liability
   111.    Disclosure of certain confidential information
   112.    Disclosure of certain information
   113.    Regulations
   115.     Savings and transitional regulations
           Legislative history
           The Parliament of South Australia enacts as
           follows: