Food Regulations 2001

Food Regulations 2001

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Food Act 1998 .

G. S. M. GREEN

Governor

By His Excellency's Command,

JUDY JACKSON

Minister for Health and Human Services

1.   Short title

These regulations may be cited as the Food Regulations 2001 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means the Food Act 1998 ;

Code means the Food Standards Code published under that name in the Commonwealth of Australia Gazette on 27 August 1987, together with any amendments of the standards in that Code –

(a) approved by the National Food Standards Council before the commencement of the Australia New Zealand Food Authority Act 1991 of the Commonwealth and published in the Commonwealth of Australia Gazette as forming part of that Code; or

(b) made under the Australia New Zealand Food Authority Act 1991 of the Commonwealth.

4.   Adoption of Food Standards Code

The Code is adopted for the purpose of the Act.

5.   Interpretation of Code

For the purpose of the Code, the following are prescribed in addition to the meanings specified in the Code:

appropriate enforcement agency means –

(a) for the purpose of notification, is the council of the municipal area in which a food business is or premises are located; and

(b) for other purposes –

(i) a council; and

(ii) the department responsible for the administration of the Act; and

(iii) an approved body or organisation;

primary food production includes –

(a) the sale of pre-packaged food or unprocessed fruit, vegetables, grain or eggs on premises where the food was harvested or grown; and

(b) the sale of unshucked shellfish on or from premises that do not hold shellfish in tanks before sale on premises where the shellfish was harvested or grown;

(c) any activity in respect of dairy premises as defined in the Dairy Industry Act 1994 ;

(d) an activity in respect of meat premises as defined in the Meat Hygiene Act 1985 ;

(e) any activity in respect of a vessel specified on a licence as defined in the Living Marine Resources Management Act 1995 from which fish is not sold directly to the public.

6.   Offences

A person, body or organisation must not sell, manufacture, supply or handle food otherwise than in accordance with the Code.

Penalty:  Fine of 200 penalty units, and in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

7.   Infringement notices

For the purpose of the Act –

(a) a prescribed offence in respect of which an infringement notice may be served is an offence under regulation 6 ; and

(b) the prescribed penalty payable in respect of that offence is 2 penalty units.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 5 September 2001

These regulations are administered in the Department Health and Human Services.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) adopt Chapter 3 of the Food Standards Code in respect of food safety standards; and

(b) define certain terms for the purpose of the Food Standards Code; and

(c) prescribe offences and penalties in respect of infringement notices.