1 Name of Act
2 Commencement
3 Objects of Act
4 Definitions
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10 (Repealed)
11 Application of Act to water suppliers
12 Relationship to other laws
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 the State
24 Defence relating to publication of advertisements
25 Defence in respect of food for export
26 Defence of due diligence
27 Defence of mistaken and reasonable belief not available
28 Defence in respect of handling food
29 Defence in respect of sale of unfit equipment or packaging or labelling material
30 Making of order
31 Nature of order
32 Special provisions relating to recall orders
33 Manner of making orders
34 Compensation
35 Failure to comply with emergency order
36 Limitation on stay of operation of emergency orders
Part 4 Inspection and seizure powers
37 Powers of authorised officers
38 Power of seizure
39 Search warrants
40 Failure to comply with requirements of authorised officers
41 Interfering with seized items
42 False information
43 Obstructing or impersonating authorised officers
Division 2 Items seized by authorised officers
44 Seized items
45 Notification of seizure
46 Destruction of filthy, decomposed or putrid matter
47 Return of seized item
48 Forfeiture of item
49 Cost of destruction or disposal of forfeited item
50 Return of forfeited item
51 Compensation to be paid in certain circumstances
52 Application for order disallowing seizure
53 Enforcement agency entitled to answer application
54 Order disallowing seizure of item
55 Ancillary orders
56 Adjournment pending hearing of other proceedings
Part 5 Improvement notices and prohibition orders for premises or equipment
57 Unclean or unfit premises, vehicles or equipment
58 Improvement notice
59 Compliance with improvement notice
60 Prohibition order
61 Scope of notices and orders
62 Notices and orders to contain certain information
63 Request for re-inspection
64 Contravention of prohibition order
65 Review of decision to refuse certificate of clearance
66 Compensation
Part 6 Taking and analysis of samples
66A Application of Division
67 Proprietor to be informed
68 Payment for sample
69 Samples from vending machines
70 Packaged food
71 Procedure to be followed
72 Samples to be submitted for analysis
Division 2 Procedures relating to analyses
73 Compliance with Food Standards Code
74 Certificate of analysis
Division 3 Approval of laboratories
75 Approval of laboratories
76 Term of approval
77 Approved laboratory to give notice of certain interests
78 Variation of conditions or suspension or cancellation of approval of laboratory
79 Review of decisions relating to approval
80 List of approved laboratories to be maintained
Division 4 Approval of analysts
81 Approval of persons to carry out analyses
82 Term of approval
83 Approved analyst to give notice of certain interests
84 Variation of conditions or suspension or cancellation of approval of analyst
85 Review of decisions relating to approval
86 List of approved analysts to be maintained
Division 1 Approval of food safety auditors
87 Approval of food safety auditors
88 Term of approval
89 Food safety auditor to give notice of certain interests
90 Variation of conditions or suspension or cancellation of approval of auditor
91 Review of decisions relating to approvals
Division 2 Auditing and reporting requirements
92 (Repealed)
93 Priority classification system and frequency of auditing
94 Duties of food safety auditors
95 Reporting requirements
96 Redetermination of frequency of auditing
97 Certificates of authority of food safety auditors
98 List of food safety auditors to be maintained
99 Obstructing or impersonating food safety auditors
Part 8 Regulation of food businesses
100 Notification of conduct of food businesses
101 Exemption in relation to notification of information
102 Regulations relating to establishment of food safety schemes
103 Consultation to be undertaken on regulations establishing food safety schemes
104 Offences relating to food safety schemes
105 Industry consultation
106 List of food businesses to be maintained
107 Constitution of NSW Food Authority
108 Functions of Food Authority
109 Ministerial control of Food Authority
109A (Repealed)
109B Use of consultants and contractors
109C Private corporations
109D Funding of private subsidiary corporations
109E Delegation
Division 2 Functions of enforcement agencies
110 Functions of enforcement agencies in relation to this Act
111 Conditions on exercise of functions by enforcement agencies
112 Exercise of functions by enforcement agencies
113 Reports by enforcement agencies
Division 3 Appointment of authorised officers
114 Appointment of authorised officers
115 Certificates of authority
Division 4 Advisory committees
116 Establishment of advisory committees
117 Functions of advisory committees
117A Food Authority Fund
117B Investment
117C Industry levies
Part 10 Procedural and evidentiary provisions
118 Nature of proceedings for offences
119 Institution of proceedings
120 Penalty notices for certain offences
121 Offences by employers
122 Offences by corporations
123 Liability of employees and agents
124 Alternative verdicts for serious food offences
125 No defence to allege deterioration of sample
126 Onus to prove certain matters on defendant
127 Presumptions
128 Certificate evidence and evidence of analysts
129 Power of court to order further analysis
130 Disclosure by witnesses
131 Court may order costs and expenses
132 Court may order corrective advertising
133 (Repealed)
134 Protection from personal liability
135 Exclusion of liability of the State and others
136 Disclosure of certain confidential information
136A Certain information may be provided to and by Food Authority
137 Publication of names of offenders
137A Recovery of fees and charges
137B Authorised officers may perform functions under Commonwealth legislation
138 Act to bind Crown
139 Regulations
140 Temporary emergency regulations modifying the Code
141 Other regulations modifying the Code
142 Repeals
143 (Repealed)
144 Savings, transitional and other provisions