Food Act 1989.

Subject

Food & nutrition

Keyword

Basic legislation Food quality control/food safety Hygiene/sanitary procedures Packaging/labelling Inspection Fraud Institution

Geographical area

Asia and the Pacific, Australia and New Zealand, Indian Ocean, Oceania, South Pacific

Abstract

The Act establishes the following unlawful practices in the preparation or sale of food: (a) preparation or sale of adulterated or falsely described food; (b) sale of food which is not of the nature, substance or quality of the food demanded by the purchaser or which does not comply with the prescribed standard; (c) tender or dispatch of food adulterated or falsely described; (d) sale of food wrongly packed or labelled; (e) false advertising of food. The inspectors, appointed for the purpose of this Act, may enter and inspect places and vehicles, examine food, packages, labelling or advertising material, require information, seize and detain any material not in compliance with the provisions of the Act. Any seized items may be detained in the place or vehicle where it was found or be removed. If the item is forfeited to the Crown, it may be destroyed, sold or otherwise disposed of as the Director-General may direct. In this case, the cost of destruction or disposal shall be a debt of the owner of the forfeited item. Further provisions concern the procedure to be followed by inspectors for the taking and analysis of samples. Part 4 deals with the particular powers of the Director-General of the Department of Health. For the purpose of preventing or mitigating a serious danger to public health he may make an order to: (a) prohibit the production, preparation, sale, supply or advertisement of any food; (b) prohibit the cultivation, taking, harvesting of certain food; (c) give directions for the impounding, isolation, destruction or other disposal of the food. In connection with any prohibition or direction mentioned above the order may specify also methods of analysis. Further provisions regulate the appeals against an order of the Director-General. Part 5 privides for, among other matters, the proceeding before the Local Court, the regime of presumptions, the evidence of copies, etc. The committee known as the Pure Food Advisory Committee, established under the Pure Food Act 1908 is continued under this Act under the name "Food Advisory Committee". The committee shall: (a) submit to the Director-General recommendations for more effectively securing the wholesomeness and purity of food; (b) report to the Director-General on such matters relating to food; (c) make recommendations with respect to the making of regulations under this Act; (d) such other functions relating to food as may be prescribed. The Act is completed by the following Schedules: Members and procedure of the Food Advisory Committee (1); Certification of authority of inspectors (2); Savings and other transitional provisions (3); Consequential amendment of other Acts (4).

Full text

English

Website

www.austlii.edu.au

References - Legislation

Implemented by

Food (General) Regulation 1997.

Legislation | Australia | 1997 (1999)

Keyword: Food quality control/food safety, Hygiene/sanitary procedures, Processing/handling, Standards, Toxicity/poisoning, Packaging/labelling, Meat, Molluscs, Crustaceans, Milk/dairy products

Source: FAO, FAOLEX

Food Regulation 2001.

Legislation | Australia | 2001 (2001)

Keyword: Food quality control/food safety, Hygiene/sanitary procedures, Packaging/labelling, Standards

Source: FAO, FAOLEX

Repealed by

Food Act 2003.

Legislation | Australia | 2003 (2018)

Keyword: Basic legislation, Food quality control/food safety, Hygiene/sanitary procedures, Packaging/labelling, Inspection, Fraud, Institution

Source: FAO, FAOLEX