Western Australian Numbered Acts Western Australian Numbered Acts In this Act, unless
the contrary intention appears —
“advertisement” means —
(a) any
words, whether written or spoken;
(b) any
pictorial representation or design; or
(c) any
other representation by any means at all,
used or apparently
used to promote, directly or indirectly, the sale of food;
“analysis” includes any examination or
testing of food or any other thing;
“animal” includes an amphibian, bird,
crustacean, fish, mollusc and reptile;
“appropriate enforcement agency” , in
relation to the provision in which the expression is used, means the
enforcement agency prescribed by the regulations for the purposes of that
provision;
“approved analyst” means a person
approved under Part 7 Division 4;
“approved form” means the form
approved from time to time by the CEO;
“approved laboratory” means a
laboratory approved under Part 7 Division 3;
“authorised officer” means a person
appointed under Part 10 Division 3;
“CEO” means the chief executive
officer of the department of the Public Service principally assisting in the
administration of this Act;
“court” means the Magistrates Court;
“emergency order” means an order under
Part 4;
“enforcement agency” means —
(a) the
CEO;
(b) a
local government; or
(c) a
person or body, or a person or body within a class of persons or bodies,
prescribed by the regulations for the purposes of this definition;
“equipment” means the whole or part
of —
(a) any
utensil, machinery, instrument, device, apparatus or appliance that is used,
or that is designed or intended for use, in or in connection with the handling
of food; or
(b) any
substance, utensil, machinery, instrument, device, apparatus or appliance that
is used, or that is designed or intended for use, in cleaning anything
referred to in paragraph (a);
“examine” includes weigh, count, test
and measure;
“food” has the meaning given by
section 9;
“food business” has the meaning given
by section 10;
“food safety auditor” means a person
approved under Part 8 Division 1;
“Food Safety Standards” means the
standards contained in Chapter 3 of the Food Standards Code;
“Food Standards Australia New Zealand”
has the same meaning as it has in the Commonwealth
Food Standards Australia New Zealand Act 1991 ;
“Food Standards Code” means the
Australia New Zealand Food Standards Code as defined in the Commonwealth Food
Standards Australia New Zealand Act 1991 and as adopted or incorporated
by the regulations;
“food transport vehicle” means a
vehicle used for the transport of food for sale;
“handling” , of food, includes the
making, manufacturing, producing, collecting, extracting, processing, storing,
transporting, delivering, preparing, treating, preserving, packing, cooking,
thawing, serving and displaying of food;
“improvement notice” means an
improvement notice issued under Part 6 Division 1;
“label” includes any tag, brand, mark
or statement in writing or any representation or design or other descriptive
matter on or attached to or used or displayed in connection with or
accompanying any food or package;
“member of staff” means an officer of
the department of the Public Service principally assisting in the
administration of this Act;
“package” includes any container or
wrapper in or by which food intended for sale is wholly or partly encased,
covered, enclosed, contained or packed and, in the case of food carried or
sold or intended to be carried or sold in more than one package, includes
every such package;
“police officer” means a person
appointed under the Police Act 1892 Part I to be a member of the Police
Force of Western Australia;
“premises” includes —
(a) land
(whether or not vacant);
(b) the
whole or any part of a building, tent, stall or other structure (whether of a
permanent or temporary nature);
(c) a
pontoon; or
(d) a
vehicle (other than a food transport vehicle while it is engaged in the
transport of food);
“primary food production” has the
meaning given by section 11;
“prohibition order” means a
prohibition order under Part 6 Division 2;
“proprietor” , of a food business,
means —
(a) the
person carrying on the food business; or
(b) if
that person cannot be identified — the person in charge of the
food business;
“public institution”
means —
(a) a
prison as defined in the Prisons Act 1981 ;
(b) a
detention centre as defined in the Young Offenders Act 1994 ;
(c) a
public hospital as defined in the Hospitals and Health Services Act 1927
; or
(d) an
institution, or an institution within a class of institutions, prescribed by
the regulations for the purposes of this definition;
“recall order” means an emergency
order requiring the recall or disposal, or both, of any food;
“remote communication” means any way
of communicating at a distance, including by telephone, fax, email and radio;
“sell” includes —
(a)
barter, offer or attempt to sell;
(b)
receive for sale;
(c) have
in possession for sale;
(d)
display for sale;
(e)
cause or permit to be sold or offered for sale;
(f)
send, forward or deliver for sale;
(g)
dispose of by any method for valuable consideration;
(h)
dispose of to an agent for sale on consignment;
(i)
provide under a contract of service;
(j)
supply food as a meal or part of a meal to an employee, in accordance with a
term of an award governing the employment of the employee or a term of the
employee’s contract of service, for consumption by the employee at the
employee’s place of work;
(k)
dispose of by way of raffle, lottery or other game of chance;
(l)
offer as a prize or reward;
(m) give
away for the purpose of advertisement or in furtherance of trade or business;
(n)
supply food under a contract (whether or not the contract is made with the
consumer of the food), together with accommodation, service or entertainment,
in consideration of an inclusive charge for the food supplied and the
accommodation, service or entertainment;
(o)
supply food (whether or not for consideration) in the course of providing
services to patients or inmates in public institutions; and
(p) sell
for the purpose of resale;
“unsafe” , in relation to food, has
the meaning given by section 12;
“unsuitable” , in relation to food,
has the meaning given by section 13;
“vehicle” means any means of
transport, whether self-propelled or not, and whether used on land or sea or
in the air.