Victorian Current Acts

DAIRY ACT 2000 - SECT 3

In this Act—

authorised officer means any person appointed under section 43 ;

"Authority" means Dairy Food Safety Victoria;

Chairperson means the Chairperson of the Authority;

Code of Practice means a Code of Practice made under section 31 ;

"Commonwealth Act" has the same meaning as in section 63A of the Food Act 1984 ;

"dairy distribution premises" means any premises where packaged dairy food is sold or distributed other than—

        (a)     dairy manufacturing premises; or

        (b)     premises used only for retail purposes;

S. 3 def. of dairy distributor substituted by No. 24/2003 s. 87(a), amended by No. 69/2004 s. 37(a).

"dairy distributor" means a person—

        (a)     who is the owner of a business that operates a dairy distribution premises; or

        (b)     who purchases dairy food for the purposes of distribution and sale;

S. 3 def. of dairy farm substituted by No. 40/2019 s. 5(a).

"dairy farm" means any premises where an animal is kept or milked for the purpose of producing milk for profit or sale;

S. 3 def. of dairy farmer amended by No. 69/2004 s. 37(b).

"dairy farmer" means the owner of a business that operates a dairy farm;

S. 3 def. of dairy food amended by No. 24/2003 s. 87(b).

"dairy food" means—

        (a)     milk and liquid milk products;

        (b)     dried milk and dried milk products;

        (c)     condensed milks;

        (d)     cream and cream products;

        (e)     butter, butter products, dairy blend and dairy spreads;

        (f)     cheese and cheese products;

        (g)     yoghurt and yoghurt products;

        (h)     ice cream, reduced fat ice cream and low fat ice cream;

        (ha)     colostrum and products derived from colostrum;

              (i)     any other product or class of products declared by a determination to be dairy food—

but does not include any product or class of product declared by a determination not to be dairy food;

"dairy food carrier" means the owner of any business engaged in the transport of dairy food in a bulk container;

"dairy industry licence" means a licence issued by the Authority under Part 3;

"dairy premises" means—

        (a)     a dairy farm;

        (b)     a dairy manufacturing premises;

        (c)     a dairy distribution premises;

"dairy manufacturing premises" means any premises where—

        (a)     milk is received direct from a dairy farm; or

        (b)     dairy food is manufactured or packed;

S. 3 def. of dairy manufacturer amended by No. 69/2004 s. 37(c).

"dairy manufacturer" means the owner of a business that operates a dairy manufacturing premises;

"dairy transport vehicle" means any vehicle used principally to transport dairy food in a bulk container;

S. 3 def. of Department amended by Nos 56/2003 s. 11(Sch. item 5), 70/2013 s. 4(Sch. 2 item 10), substituted by No. 22/2022 s. 50.

"Department" means Department of Jobs, Precincts and Regions;

"determination" means a determination made by the Authority under this Act;

"Food Standards Code" has the same meaning as in section 63A of the Food Act 1984 ;

"ice cream" has the same meaning as in the Food Standards Code;

"licensee" means the holder of a dairy industry licence;

"low fat ice cream" has the same meaning as in the Food Standards Code;

"manufacture" includes prepare or process;

"member" means a member of the Authority;

S. 3 def. of milk substituted by No. 40/2019 s. 5(b).

"milk" means the mammary secretion of any milking animal;

Minister means the Minister for the time being administering this Act;

"owner" in relation to any premises—

        (a)     includes in any case, the—

              (i)     occupier; or

              (ii)     person in charge or apparently in charge; or

              (iii)     owner's agent; or

              (iv)     owner's manager; and

        (b)     in the case of a body corporate or unincorporate, also includes the manager, secretary or other controlling officer of that body;

"package" means anything in or by which food is wholly or partly cased, covered, enclosed, contained or packed;

person includes a body or association (corporate or unincorporate) and a partnership;

"premises" includes—

        (a)     a building or part of a building;

        (b)     a tent, stall or other structure whether permanent or temporary;

        (c)     land whether or not appurtenant to a building;

prescribed means prescribed by the regulations or a Code of Practice;

"reduced fat ice cream" has the same meaning as in the Food Standards Code;

"regulations" means regulations made under this Act;

S. 3 def. of Secretary to the Department of Health inserted by No. 29/2010 s. 55(1).

"Secretary to the Department of Health" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Health;

S. 3 def. of
sell substituted by No. 24/2003 s. 87(c).

"sell", for the purposes of this Act, has the same meaning as sell has in relation to food under section 4(1) of the Food Act 1984 ;

"substance" includes a mixture or compound;

"test" means to determine the safety, content or constituents of dairy food;

"vehicle" means a conveyance designed to be propelled or drawn by any means whether or not capable of being so propelled or drawn, and includes cart, caravan, bicycle, railway carriage, tram-car, ship, boat, barge, vessel, aircraft and air-cushion vehicle.

Part 2—Dairy Food Safety Victoria