Commonwealth Consolidated Acts

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 16

  (1)   Standards, and variations of standards, developed by the Authority may relate to any of the following:

  (a)   the composition of food, including:

  (i)   the maximum amounts of contaminants or residues that may be present in the food; and

  (ia)   the maximum or minimum amounts of additives that must or may be present in the food; and

  (ii)   its microbiological status and safety; and

  (iii)   the method of sampling and testing the food to determine its composition;

  (b)   the production of food;

  (c)   the handling of food;

  (ca)   the prohibition of the sale of food:

  (i)   either in all circumstances or in specified circumstances; and

  (ii)   either unconditionally or subject to specified conditions;

  (d)   any information about food including labelling, promotion and advertising;

  (e)   the knowledge, skill, health and hygiene requirements for people handling food;

  (f)   the responsibilities of businesses that are handling food relating to any hygiene requirements in force under paragraph   ( e) for people involved in the business who are handling food;

  (g)   the responsibilities of businesses that are handling food to ensure that information in connection with hygiene requirements in force under paragraph   ( e) that is provided by individuals involved in the business and who are handling food remains confidential except in specified circumstances;

  (h)   the use of devices of a particular standard to measure the temperature of food;

  (i)   the design, construction, maintenance and cleanliness of:

  (i)   premises (including fittings and fixtures) at which food is handled; or

  (ii)   equipment (including single use items) used to handle food; or

  (iii)   vehicles used to transport food;

  (j)   the information that a business that handles food may be required to give about the business to State or Territory authorities;

  (k)   restrictions on the premises at which, and the persons by whom, particular food may be sold or otherwise supplied;

  (l)   restrictions on the publications that may contain advertisements for particular food;

  (m)   requirements relating to animals and pests at premises in which food is handled, or in vehicles in which food is transported;

  (n)   the interpretation of other standards;

  (o)   the application of standards;

  (p)   such other public health matters relating to food as are prescribed.

  (2)   Without limiting subsection   ( 1), a standard may relate to:

  (a)   a class of food generally; or

  (b)   a particular brand of food.

  (2A)   To avoid doubt, subparagraphs   ( 1)(ca)(i) and (ii) do not, by implication, limit any other paragraph of subsection   ( 1).

  (2B)   The matters to which standards, and variations of standards, may relate, are taken always to have included the matter mentioned in paragraph   ( 1)(ca).

  (2C)   To avoid doubt, paragraph   ( 2)(a), as in force before the commencement of this subsection, is taken always to have had effect as if the reference in that paragraph to type were a reference to class.

  (3)   In this section:

"handle" , in relation to food, includes produce, collect, receive, store, serve, display, package, transport, dispose of or recall food.

Note:   See also the definitions of produce and prepare in subsection   4(1) .