Tasmanian Numbered Acts

FOOD ACT 1998 (NO. 30 OF 1998) - SECT 3

3. Interpretation

In this Act –

"accredited" means accredited as a food handler under Division 3 of Part 6;

"advertisement" includes –

(a) any written or spoken words; and

(b) any pictorial or other representation or design;

"Agency" means an Agency as defined by the Tasmanian State Service Act 1984 ;

"analysis" means any examination or testing carried out under this Act;

"approved" means approved by the Director;

"area" includes any geographic location;

"authorised laboratory" means a laboratory authorised under section 43 to carry out analyses;

"authorised officer" means –

(a) the Director; or

(b) a medical officer of health; or

(c) an environmental health officer; or

(d) a person appointed under section 11; or

(e) in respect of any matter relating to dairy premises, an authorised officer under the Dairy Industry Act 1994 ; or

(f) in respect of any matter relating to meat premises, an inspector under the Meat Hygiene Act 1985 ;

"certificate of accreditation" means the certificate referred to in section 75;

"certificate of registration of premises, vehicle or equipment" means the certificate referred to in section 57;

"council fee" means a fee imposed by a council under section 128;

"Director" means the Director of Public Health appointed under the Public Health Act 1997 ;

"director" , in relation to a body corporate, includes –

(a) a person occupying or acting in the position of a director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

(b) any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act;

"environmental health officer" means a person appointed as such under the Public Health Act 1997 ;

"equipment" includes –

(a) any utensil, machinery, instrument or apparatus; and

(b) any food vending machine;

"excluded person" means a mortgagee, lessor or financial institution that does not have actual or complete control, access, use or management of a place, vehicle or other thing;

"food" means –

(a) any substance ordinarily consumed or intended to be consumed or represented as being for human consumption; and

(b) any constituent or ingredient of food; and

(c) any food additive; and

(d) any substance used or intended to be used in the preparation of food; and

(e) a substance declared under section 6 to be food;

"Food Advisory Council" means the Food Advisory Council established under section 16;

"food handler" includes a person who –

(a) is involved in the manufacture or sale of food; or

(b) inspects or assesses premises where food is manufactured or sold;

"food vending machine" means a machine or mechanical device used or capable of being used for selling food without any intervention or attention by or on behalf of the seller at the time of the sale;

"guidelines" means guidelines issued under section 126;

"handling" includes manufacturing and selling;

"health officer" means an environmental health officer or a medical officer of health;

"label" includes –

(a) any tag, brand, mark or statement in writing; or

(b) any representation, design or other descriptive matter;

"licence" means a licence to manufacture or sell food referred to in Division 2 of Part 6;

"manufacture" includes –

(a) to process, treat, cook and prepare; and

(b) to pack, store, transport and distribute; and

(c) to serve;

"medical officer of health" means a person appointed as such under the Public Health Act 1997 ;

"occupier" includes a person in charge of, or operating, any premises;

"owner" includes an occupier;

"pack" includes to cover, enclose and wrap;

"package" includes anything in or by which food is wholly or partly cased, covered, enclosed, contained, wrapped or packed;

"premises" includes –

(a) land; and

(b) a building or part of a building; and

(c) a structure or part of a structure; and

(d) fences, walls, outbuildings, service installations and other appurtenances of a structure; and

(e) a tent, stall or other temporary structure; and

(f) a boat or a pontoon; and

(g) any other place declared under section 6 to be premises;

"prescribed disease" means a disease prescribed by the Director in the guidelines for the purpose of section 39;

"proceedings" means proceedings for an offence under this Act;

"public authority" means –

(a) any council; or

(b) any body corporate established under an enactment having jurisdiction limited to a district, locality or part of the State; or

(c) any body corporate established under an enactment or in the exercise of prerogative rights of the Crown to administer or control any department, business, undertaking or public institution on behalf of the State;

"public health" means the physical, mental and social wellbeing of the community;

"publish" includes –

(a) publish material in a printed format which is available to the public; or

(b) publish material by any electronic means; or

(c) publish material by radio or television transmission; or

(d) provide material in a cinematographic film or videotape which is available to the public; or

(e) provide material in a book or sound recording which is available to the public; or

(f) make known to the public in any other manner or by any other means;

"registered" means registered under this Act;

"sample" means a sample taken under this Act;

"sell" includes –

(a) dispose by any method for valuable consideration; and

(b) barter or exchange; and

(c) dispose to an agent for sale on consignment; and

(d) offer or expose for sale or disposition; and

(e) keep or have in possession for sale; and

(f) agree or attempt to sell; and

(g) send, forward or deliver for sale; and

(h) dispose by way of raffle, lottery or other game of chance; and

(i) provide a sample; and

(j) provide under a contract of service; and

(k) supply;

"standard" means a standard issued under section 125;

"supply" includes –

(a) offer as a prize or reward; and

(b) give away for the purpose of advertisement or to promote trade or business; and

(c) offer for charitable purposes;

"substance" includes –

(a) any liquid or water; and

(b) any mixture or compound;

"vehicle" includes –

(a) any vessel or aircraft; and

(b) any thing declared under section 6 to be a vehicle.