FOOD ACT 1984
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Objects of Act
- 4 Definitions
- 4A Meaning of food
- 4B Meaning of food business
- 4C Meaning of primary food production
- 4D Meaning of unsafe food
- 4E Meaning of unsuitable food
- 4F Reference to proprietors of premises
- 4G Food vending machines deemed to be food premises
- 4H Reference in Food Standards Code to appropriate enforcement agency
- 4I Declared authority for the purposes of references in Chapter 4 of the Food Standards Code
- 5 Orders
- 6 Act binds the Crown
- 6A Application of Act to primary food production
- 6B Application of Act to water suppliers and water storage managers
- 7 Extension to places outside municipal districts
PART IA--ADMINISTRATION AND REPORTING
- 7A Role of councils
- 7B Role of Department
- 7BA Role of Department of Jobs, Precincts and Regions
- 7C Annual report on food regulation
- 7D Information required to be provided by councils
- 7E Direction by the Minister
PART II--OFFENCES RELATING TO FOOD
Division 1--Serious offences relating to food
- 8 Knowingly handling food in unsafe manner
- 8A Handling food in unsafe manner in other circumstances
- 9 Knowingly selling unsafe food
- 9A Sale of unsafe food in other circumstances
- 10 Knowingly falsely describing food
- 10A Falsely describing food in other circumstances
Division 2--Other offences relating to food
- 11 Handling and sale of unsafe food
- 12 Handling and sale of unsuitable food
- 13 Misleading conduct relating to sale of food
- 14 Sale of food not complying with purchaser's demand
- 15 Sale of unfit equipment or packaging or labelling material
- 16 Compliance with Food Standards Code
- 17 Proprietor's name to be affixed to premises
- 17A False descriptions of food
- 17B Application of provisions outside jurisdiction
Division 3--Defences
- 17C Defence relating to publication of advertisements
- 17D Defence in respect of food for export
- 17E Defence of due diligence
- 17F Defence of mistaken and reasonable belief not available
- 17G Defence in respect of handling food
- 17H Defence in respect of sale of unfit equipment or packaging or labelling material
PART IIA--KILOJOULE LABELLING SCHEME
Division 1--Definitions
- 18 Definitions
- 18A What is a chain food premises?
- 18B What is a chain supermarket?
- 18C What is a standard food item?
Division 2--Requirement for proprietor of chain food premises to display kilojoule information
- 18D Requirement for proprietor of chain food premises to display kilojoule information
- 18E Chain food premises—manner and location of display of kilojoule information
Division 3--Requirement for proprietor of chain supermarket to display kilojoule labelling
- 18F Requirement for proprietor of chain supermarket to display kilojoule information
- 18G Chain supermarket—manner and location of display of kilojoule information
Division 4--Exemptions
- 18H Exemptions
PART III--ORDERS
- 19 Orders relating to food premises
- 19AA Orders relating to premises on which primary food production and related activities are carried out
- 19A Orders relating to food vending machines and other equipment
- 19B Orders relating to food handlers
- 19BA Appeals against orders
PART IIIA--UNDERTAKINGS
PART IIIB--FOOD SAFETY
Division 1--Classification of food premises
- 19C Declaration of classes of food premises
- 19CA Notice of intention to make or vary declaration of classes of food premises
Division 2--Minimum record keeping
- 19CB Minimum record keeping
Division 3--Food safety programs
- 19D Food safety programs
- 19DB Registration of food safety program templates
- 19DC Standard food safety programs
- 19DD QA food safety program
- 19E Requirement for food safety program
- 19EA Revision of food safety program
- 19F Food safety program must be kept at premises
- 19FA Proprietor to comply with written direction of registration authority
Division 4--Food safety supervisors
- 19G Food safety supervisors
- 19GA Requirement for food safety supervisor
- 19GB Name of supervisor to be provided on request
Division 5--Assessment and audit of food premises
- 19H Assessment and audit requirements for food premises
- 19HA Food safety assessments and food safety audits
- 19I Requirement for food safety assessment
- 19IA Deficiencies identified in food safety assessment by registration authority
- 19J Food safety assessment conducted by food safety auditor
- 19JA Deficiencies identified in food safety assessment by food safety auditor
- 19K Requirement for food safety audit
- 19L Certificate of compliance following audit
- 19M Deficiencies identified in food safety audit
- 19MA Certificate of food safety program adequacy
- 19N Food safety auditor to provide certain information to registration authority
- 19NA Request by registration authority for copy of report prepared by food safety auditor
Division 6--Food safety auditors
- 19O Only approved auditor may conduct audit
- 19P Certification of food safety auditors
- 19Q Auditor must comply with conditions of certification
- 19R Offence to impersonate approved auditor
- 19S Conflict of interest
- 19T Revocation of approval to act as an auditor
- 19U Audit by council staff
Division 7--Miscellaneous
- 19UA Council fees for assessments
- 19V Exemptions concerning food safety
- 19W Directions concerning food safety
PART IV--AUTHORIZED OFFICERS
- 20 Authorized officers
- 21 Powers of authorized officers
- 22 Procuring of samples of food
- 23 Procedures on taking samples
- 24 Duties of officer upon seizure and detention of article
- 25 Keeping and storage of certain articles
- 26 Remedy in respect of articles seized
- 27 Destruction or other disposal of seized food
- 28 Liability for costs and expenses of storage or destruction or other disposal of seized article
- 29 Offences with respect to authorized officers and articles
PART V--ANALYSTS
- 30 Analysts
- 31 Duties of analysts
- 31A Interstate analysts
- 32 Councils to submit samples for analysis
- 32A Sampling requirement declaration
- 33 Copy of certificate of analysis
- 34 Prohibition on use of analyst's certificate for certain purposes
PART VI--REGISTRATION OF FOOD PREMISES
Division 1--General
- 35 Registration authority
- 35A Requirement to be registered or to notify registration authority
- 36 Information required to be given to registration authority
- 36A Application for registration or notification using online portal
- 36B Charge for use of online portal
- 36C Online portal charge
- 37 Notification requirement of Food Standards Code
- 38 Exemption from registration
Division 2--Notification of premises exempt from registration
Division 3--Registration of food premises
- 38A Information required to accompany application for registration
- 38B Requirements for registration
- 38C Information required to accompany application for renewal of registration
- 38D Requirements for renewal of registration
- 38E Conditional registration
- 38F Change in operation of registered food premises
- 38G Change of food safety program type
- 39 Inspection of premises by registration authority
- 39A Registration etc. may be made despite minor defects
- 39B Offence to fail to comply with registration condition
- 39C Contravention of section 34 of the Meat Industry Act 1993
- 40 Certificates of registration
- 40A Certificates must be shown on demand
- 40B Minister may specify period of registration
- 40C Period for which registration lasts
- 40D Revocation or suspension of registration
- 40E Secretary may direct council to revoke or suspend a registration
- 40F Cancellation of registration
- 41A Registration fees
- 42 Appeal
- 43 Records of registration
- 43A Transitional provision
Division 4--Single notification or registration scheme
- 43B Application of Division to areas of land not within municipal district
- 43C Single notification or registration scheme
- 43D Principal premises of food business
- 43E Declaration of requirements for notification or registration
- 43F Notification or registration under the single notification or registration scheme
- 43G Certificate of registration
- 43H Declaration of requirements for statement of trade
- 43I Statement of trade
PART VII--EMERGENCY POWERS
- 44 Making of order
- 44A Nature of order
- 44B Special provisions relating to recall orders
- 44C Manner of making orders
- 44D Compensation
- 44E Failure to comply with emergency order
- 44F Person has no right to be heard before order made
- 44G Secretary may obtain enforcement order
PART VIII--LEGAL PROCEEDINGS
- 45 Proceedings for offences
- 45AA Responsible agency for the Crown
- 45AB Proceedings against successors to public bodies
- 45AC Power to bring proceedings
- 45A Burden of proof as to statements on packages etc.
- 45B Prosecutions
- 46 Right of accused to have third person before court
- 46A Analysis is not necessary to conviction
- 47 Power of court to order further analysis
- 48 Power of court to order forfeiture
- 49 Liability of accused for certain costs and expenses
- 50 Evidentiary provisions
- 50AA Evidentiary certificate signed by the Secretary DHHS
- 50AAB Evidentiary certificate signed by the Secretary DJPR or the chief executive officer of DFSV or PrimeSafe
- 50AB Evidentiary certificate signed by chief executive officer of a council
- 50AC Evidence of signatures
- 50A Alternative verdicts for serious food offences
- 51 Offences by bodies corporate
- 51A Criminal liability of officers of bodies corporate—accessorial liability
- 51B Criminal liability of officers of bodies corporate—failure to exercise due diligence (legal burden of proof)
- 52 Offences by unincorporated bodies, partnerships etc.
- 52A Offences by employers
- 52B Liability of employees and agents
- 53 General penalty
- 53A Court may order costs and expenses
- 53B Court may order corrective advertising
PART VIIIA--PUBLICATION OF CONVICTIONS
- 53C References to appeal against conviction
- 53D Register of convictions
- 53E Publication of information on register
- 53F Information that must not be included in register
- 53G Obtaining information for inclusion in the register
- 53H Correction of register
- 53I Removal of record of conviction from register
- 53J Additional information
PART IX--MISCELLANEOUS PROVISIONS
- 54 Secrecy
- 54A Confidential food information may be given to the Secretary
- 54B Confidential food information may be given to the Food Safety Council
- 54C Confidential food information may be given to a council
- 54D Confidential food information may be given to a public statutory body
- 55 Mode of service of documents and certain samples
- 56 Protection against liability
- 56A Infringements
- 57 Payment of penalties
- 58 Victorian Liquor Commission to be notified of certain matters
- 58A Delegation by council
- 58AB Delegations by Secretary DJPR, the DFSV or PrimeSafe
- 58B Matters occurring outside registration area
- 59 False and misleading statements
- 59A Destroying or damaging records
- 59B Validity and effect of notices, orders and other documents
- 59C Cost recovery in respect of failure to comply with direction or notice
PART X--FOOD SAFETY COUNCIL
- 60 Establishment of the Council
- 60A Functions
- 60B Powers
- 60C Members of the Council
- 60D Conditions of office of members
- 60E Procedure at meetings
- 60F Report on operations
- 60G Use of assistants
- 60H Members must not disclose confidential information
- 60I Council the successor of the Food Standards Committee
PART XI--REGULATIONS
- 63 Regulations
- 63A Prescribed food standards
- 63B Limitation on power to make local laws
PART XII--TRANSITIONAL PROVISIONS FOR FOOD (AMENDMENT) ACT 2001
PART XIII--TRANSITIONAL AND SAVINGS PROVISIONS FOR PART 2 OF THEFOOD AMENDMENT (REGULATION REFORM) ACT 2009
- 64 Definitions
- 65 Minimum record keeping
- 66 Food safety program templates
- 67 Inspections
- 68 Audits
- 69 Food safety auditors
- 70 Registration and notification of food premises
- 71 Grounds for revocation or suspension of registration or direction by the Secretary
- 72 Food (Forms and Registration) Regulations 2005
- 73 Register of convictions
- 74 First declaration under section 19C
- 75 Declarations made and exemptions granted before commencement
- 76 Transitional regulations
PART XIV--TRANSITIONAL AND SAVINGS PROVISIONS FOR PART 4 OFFOOD AMENDMENT (REGULATION REFORM) ACT 2009
- 77 Definitions
- 78 Temporary food premises, mobile food premises or food vending machine currently registered
- 79 Temporary food premises, mobile food premises or food vending machine for which notification has been given