Tasmanian Consolidated Acts

FOOD ACT 2003

- Act 8 of 2003 
- Royal Assent 16 April 2003 

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Objects of Act
   4.      Interpretation
   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 water suppliers
   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

   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.     Defence of mistaken but reasonable belief not available
   30.     Onus on person to prove certain statements about food
   31.     Alternative verdicts for serious food offences

   PART 3 - Emergency powers

   32.     Interpretation: Part 3
   33.     Making of order
   34.     Nature of order
   35.     Special provisions relating to recall orders
   36.     Manner of making orders
   37.     Compensation
   38.     Failure to comply with emergency order
   39.     Limitation on stay of operation of emergency orders

   PART 4 - Inspection and seizure powers

           Division 1 - Inspection

   40.     Powers of authorised officers
   41.     Search warrants
   42.     Failure to comply with requirements of authorised officers
   43.     False information
   44.     Interfering with seized items
   45.     Obstructing or impersonating authorised officers

           Division 2 - Items seized by authorised officers

   46.     Seized items
   47.     Notification of seizure
   48.     Destruction of filthy, decomposed or putrid matter
   49.     Return of seized item
   50.     Forfeiture of item
   51.     Cost of destruction or disposal of forfeited item
   52.     Return of forfeited item
   53.     Compensation to be paid in certain circumstances
   54.     Application for order disallowing seizure
   55.     Enforcement agency entitled to answer application
   56.     Order for return of seized item
   57.     Ancillary orders
   58.     Adjournment pending hearing of other proceedings

   PART 5 - Improvement notices and prohibition orders

   59.     Unclean or unfit premises, vehicles or equipment
   60.     Improvement notice
   61.     Compliance with improvement notice
   62.     Prohibition order
   63.     Scope of notices and orders
   64.     Notices and orders to contain certain information
   65.     Request for reinspection
   66.     Contravention of improvement notice or prohibition order
   67.     Review of decision to refuse certificate of clearance
   68.     Compensation

   PART 6 - Taking and analysis of samples

           Division 1 - Taking of samples

   69.     Proprietor to be informed
   70.     Payment for sample
   71.     Samples from vending machines
   72.     Packaged food
   73.     Procedure to be followed
   74.     Samples to be submitted for analysis
   75.     Analysis of food in certain cases

           Division 2 - Procedures relating to analyses

   76.     Compliance with Food Standards Code
   77.     Certificate of analysis
   78.     Accredited laboratory to give notice of certain interests

           Division 3 - .  .  .  .  .  .  .  .  

   78.      
   79.      
   80.      
   81.      
   82.      
   83.      

   PART 6A - Auditing

           Division 1 - Approval of food safety auditors

   83A.    Approval of food safety auditors
   83B.    Term of approval
   83C.    Food safety auditor to give notice of certain interests
   83D.    Variation of conditions, or suspension or cancellation, of approval of food safety auditor
   83E.    Review of decisions relating to approvals

           Division 2 - Auditing and reporting requirements

   83F.    Interpretation
   83G.    Food safety programs and auditing requirements
   83H.    Priority classification system and frequency of auditing
   83I.    Duties of food safety auditors
   83J.    Reporting requirements
   83K.    Redetermination of frequency of auditing
   83L.    Certificates of authority of food safety auditors
   83M.    List of food safety auditors to be maintained
   83N.    Obstructing or impersonating food safety auditors

   PART 7 - Notification and registration of food businesses

   84.     Notification of conduct of food businesses
   85.     Exemption in relation to notification of information
   86.     Requirement to register food business
   87.     Registration of food business
   88.     Single certificate of registration for whole State
   89.     Renewal of registration
   90.     Term of registration
   91.     Variation of conditions, or suspension or cancellation, of registration of food businesses
   92.     Registration not transferable
   93.     Review of decisions relating to registration
   94.     Register of food businesses to be maintained

   PART 8 - Administration

           Division 1 - Director of Public Health

   95.     General functions and powers of Director of Public Health
   96.     Delegation by Director of Public Health

           Division 2 - Councils

   97.     Functions of councils
   98.     Power of Director of Public Health to order council to perform functions
   99.     Power over wharves, &c.
   100.    Reports by councils

           Division 3 - Appointment of authorised officers

   101.    Appointment of authorised officers
   102.    Certificates of authority

   PART 9 - Procedural and evidentiary provisions

   103.    Nature of proceedings for offences
   104.    Institution of proceedings
   105.    Offences by employers
   106.    Offences by bodies corporate
   107.    Liability of employees and agents
   108.    Defences relating to analysis
   109.    Onus to prove certain matters on defendant
   110.    Presumptions
   111.    Certificate evidence and evidence of analysts
   112.    Power of court to order further analysis
   113.    Proceedings relating to third persons
   114.    Disclosure by witnesses
   115.    Court may order costs and expenses
   116.    Court may order forfeiture
   117.    Court may order corrective advertising

   PART 10 - Infringement notices

   118.    Infringement notices
   119.     
   120.     
   121.     
   122.     
   123.    Payments to council or Public Account
   124.     
   125.     
   126.     

   PART 11 - Regulatory provisions

   127.    Regulations
   128.    Temporary emergency regulations
   129.    Regulations of savings or transitional nature
   130.    Council fees

   PART 12 - Miscellaneous

   131.    Protection from liability
   132.    Bribery
   133.    Food business database to be kept
   133A.   Disclosure of information
   134.    Administration of Act
   135.    Savings and transitional provisions
   136.    Food Act 1998 repealed
   137.     
           SCHEDULE 1
           SCHEDULE 2