The objects of this Act include the following: (a) to ensure food for sale is both safe and suitable for human consumption; (b) to prevent misleading conduct in relation to the sale of food; (c) to provide for the application in the ACT of the food standards code. Sections 6, 7 and 8 make exceptions to the application of the Act respectively in the sector of primary food production, water suppliers and certain food businesses. Part 2 clarifies meaning of food, unsafe food, and unsuitable food. It also provides definitions for sell, food business, and primary food production. Part 3 concerns offences, these include serious offences (knowingly handling food in unsafe way, knowingly selling unsafe food or knowingly describing food falsely) and other offences due to negligence, lack of compliance with food standard code, and other misleading conducts on food handling, packaging, labelling, etc. The Part also considers the defences that can be used in a criminal prosecution. Part 4 recognizes and disciplines Minister's powers to make emergency orders to prevent or reduce the possibility of a serious danger to public health; or mitigate the adverse consequences of a serious danger to public health. Recalls orders find specials provisions to be applied. Part 5,6 and 7 discipline authorized officers inspection and seizure powers, the way in which officers take and analysis food samples, and content of improvement notices and prohibition orders. Part 8 requires food businesses to be registered and regulates the procedure of registration, renewal, content of certificate and display, suspension and register. Part 9 regulates the display of nutritional information for large chains food outlets that sell standard food items. Section 117, Part 9A, requires food businesses to have a food safety supervisor, described as a person that (a) holds a statement of attainment for an approved food safety training course; and (b) satisfies any requirement under this Act about eligibility to become or remain a food safety supervisor; and is responsible for recognising, preventing and alleviating food safety hazards in the business; and (ii) authorised to supervise and give directions about food safety to any person who handles food in the course of the business; and is not also the food safety supervisor for any other registered food business. Part 10 regulates procedural and evidentiary provisions, for instance it recognizes liability of employees and agents, unless they prove that they were under the personal supervision of the proprietor of the food business, or the owner or person in charge of the premises. Offences by corporations. Part 11 concerns notification and review of decisions; reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
Australie · 2001-09-10