- 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. Section 78 79. Section 79 80. Section 80 81. Section 81 82. Section 82 83. Section 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. Section 119 120. Section 120 121. Section 121 122. Section 122 123. Payments to council or Public Account 124. Section 124 125. Section 125 126. Section 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. Section 137 SCHEDULE 1 SCHEDULE 2[ Note: This table has been automatically generated and may be incomplete. ]