Tasmanian Numbered Acts

FOOD ACT 1998 (NO. 30 OF 1998)

TABLE OF PROVISIONS

           Long Title
           Preamble

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Act binds Crown
   5.      Act prevails
   6.      Declarations
   7.      Application of Act
   8.      Exemptions

   PART 2 - Administration

           Division 1 - Director and authorised officers

   9.      General functions and powers of Director
   10.     Delegation by Director
   11.     Authorised officers
   12.     Functions of authorised officers
   13.     Orders to prevent danger to public health
   14.     Order prohibiting cultivation of food from certain areas
   15.     Assistance of authorised officers

           Division 2 - Food Advisory Council

   16.     Food Advisory Council
   17.     Function of Food Advisory Council
   18.     Reports of Food Advisory Council

           Division 3 - Councils

   19.     Functions of councils
   20.     Orders relating to functions
   21.     Power over wharves

           Division 4 - Powers of councils and authorised officers

   22.     Entry, inspection and seizure
   23.     Certificate of authority
   24.     Production of records
   25.     Production of things
   26.     Photographs, sketches, measurements and recordings
   27.     Information requirements

   PART 3 - food quality

   28.     Food unfit for human consumption
   29.     Ensuring food is fit for human consumption
   30.     False or misleading description
   31.     Prescribed standard
   32.     Demands of purchaser
   33.     Food wrongly packed
   34.     Labelling

   PART 4 - food safety

           Division 1 - Cleanliness

   35.     Clean equipment
   36.     Cleanliness of premises, vehicles, equipment
   37.     Notice requiring certain action

           Division 2 - Food handling

   38.     Standard of hygiene
   39.     Handling food while diseased

           Division 3 - Manufacture of food

   40.     Manufacturing food

   PART 5 - Samples, analysis and testing

           Division 1 - Samples

   41.     Providing samples
   42.     Procedure for samples

           Division 2 - Analysis and testing

   43.     Authorised laboratories
   44.     List of authorised laboratories
   45.     Notification of connection with manufacture or sale of food
   46.     Revocation of authorisation
   47.     Method of analysis
   48.     Order for analysis
   49.     Certificate of analysis
   50.     Use of results of analysis
   51.     Testing facilities
   52.     Results of testing

           Division 3 - Delegation

   53.     Delegation

   PART 6 - Registration, licences and accreditations

           Division 1 - Registration of premises, vehicles and equipment

   54.     Registration of premises, vehicles and equipment
   55.     Application for registration
   56.     Grant or refusal of registration
   57.     Issue of certificate of registration
   58.     Operation of registered premises, vehicle and equipment
   59.     Duration of registration
   60.     Renewal of registration
   61.     Variation of registration
   62.     Cancellation of registration

           Division 2 - Licence to manufacture or sell food

   63.     Licence to manufacture or sell food
   64.     Application for licence
   65.     Grant or refusal of licence
   66.     Issue of licence
   67.     Manufacturing and selling food
   68.     Duration of licence
   69.     Renewal of licence
   70.     Variation of licence
   71.     Cancellation of licence

           Division 3 - Accreditation of food handlers

   72.     Accreditation as food handler
   73.     Application for accreditation
   74.     Grant or refusal of accreditation
   75.     Issue of certificate of accreditation
   76.     Operating as food handler
   77.     Duration of accreditation
   78.     Renewal of accreditation
   79.     Variation of accreditation
   80.     Cancellation of accreditation

   PART 7 - Offences

   81.     Advertising
   82.     Dispatch of food
   83.     Interference with marks
   84.     Offences against authorised officers
   85.     Inciting and encouraging
   86.     Offences by corporations
   87.     Liability of employers
   88.     Liability of employees and agents

   PART 8 - Legal proceedings and evidence

           Division 1 - Proceedings

   89.     Proceedings instituted
   90.     Disclosure of source of information
   91.     Onus of proof
   92.     Proof for conviction

           Division 2 - Presumptions and evidence

   93.     Presumptions about food
   94.     Presumption about samples
   95.     Presumption about importation and manufacture
   96.     Copies as evidence
   97.     Certificate of analysis

           Division 3 - Miscellaneous matters

   98.     Forfeiture
   99.     Sale or disposal of forfeited things
   100.    Return of and access to seized things
   101.    Sale or disposal of seized things
   102.    Defences relating to analysis
   103.    Additional penalty
   104.    Liability for costs

           Division 4 - Infringement notices

   105.    Service of infringement notice
   106.    Form of infringement notice
   107.    Acceptance of infringement notice
   108.    Extension of acceptance period
   109.    Payment
   110.    Payments to council or Consolidated Fund
   111.    Effect of acceptance
   112.    Withdrawal of infringement notice
   113.    Certain evidence not admissible

   PART 9 - Regulatory provisions

   114.    Regulations in general
   115.    Regulations of savings or transitional nature
   116.    Regulations relating to samples
   117.    Regulations relating to analysis
   118.    Regulations relating to testing
   119.    Regulations relating to hygiene
   120.    Regulations relating to packaging, labels and names
   121.    Regulations relating to premises and equipment
   122.    Regulations relating to processes
   123.    Regulations relating to fees and charges
   124.    Regulations relating to miscellaneous matters
   125.    Standards
   126.    Guidelines
   127.    Confirmation or disallowance of guidelines
   128.    Council fees

   PART 10 - Miscellaneous

           Division 1 - Orders

   129.    Compliance with orders
   130.    Orders

           Division 2 - Compensation and costs

   131.    Compensation
   132.    Costs incurred in exercising powers

           Division 3 - Information

   133.    Disclosure of information
   134.    Requirement for information
   135.    False and misleading statements

           Division 4 - Warranty

   136.    Implied warranty
   137.    Defences in relation to warranty
   138.    Concurrent proceedings

           Division 5 - Appeals

   139.    Appeals against orders
   140.    Appeals against notices
   141.    Appeal relating to registration
   142.    Appeals relating to licence to manufacture or sell food
   143.    Appeal relating to accreditation
   144.    Appeal relating to seizure
   145.    Determination of appeal
   146.    Appeal to Supreme Court

           Division 6 - Miscellaneous matters

   147.    Immunity from liability
   148.    Certificates and licences under repealed Act
   149.    Administration of Act
   150.    Public Health Act 1962, repealed