Food Regulations 2003
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 2003 .
29 September 2003G. S. M. GREEN
Governor
By His Excellency's Command,
D. E. LLEWELLYN
Minister for Health and Human Services
These regulations may be cited as the Food Regulations 2003 .
These regulations take effect on the day on which the Food Act 2003 commences.
In these regulations,Act means the Food Act 2003 .
4. Incorporation of Food Standards Code
The Food Standards Code, as in force from time to time, is incorporated in these regulations.
5. Meaning of appropriate enforcement agency in Food Standards Code
The Director of Public Health or a council is the appropriate enforcement agency for the purposes of the Food Standards Code.
6. Infringement notice offences
(1) The offences that are created by the sections of the Act specified in Column 2 of the table in Schedule 1 are prescribed offences for the purposes of section 118 of the Act.(2) For the purposes of section 119 of the Act, the prescribed penalty for each of those prescribed offences is the penalty specified opposite that offence in Column 4 of the table in Schedule 1 .
The Statutory Rules specified in Schedule 2 are rescinded.
SCHEDULE 1 - Infringement Notice Offences
Column 1 | Column 2 | Column 3 | Column 4 | Item | Section | Offence | Penalty (Penalty units) | General description of offence | Natural person | Body corporate | 1. | Knowingly handling food intended for sale in manner that renders it unsafe | 3 | 10 | 2. | Handling food intended for sale in manner that a person ought reasonably know might render it unsafe | 2 | 6 | 3. | Knowingly selling unsafe food | 3 | 10 | 4. | Selling food that a person ought reasonably know is unsafe | 2 | 6 | 5. | Knowingly selling falsely described food harmful to consumers who rely on the description | 3 | 10 | 6. | Selling food that a person ought reasonably know is falsely described and might be harmful to consumers who rely on the description | 2 | 6 | 7. | Handling food intended for sale in manner that renders it unsafe | 2 | 6 | 8. | Selling unsafe food | 2 | 6 | 9. | Handling food intended for sale in manner that renders it unsuitable | 2 | 6 | 10. | Selling food that is unsuitable | 2 | 6 | 11. | Engaging, in the course of food business, in misleading or deceptive conduct relating to food intended for sale | 2 | 6 | 12. | Causing, in the course of food business, food to be advertised, packaged or labelled with false description | 2 | 6 | 13. | Selling, in the course of food business, food that is packaged or labelled falsely | 2 | 6 | 14. | Selling food, in the course of food business, that does not comply with purchaser's demand | 1 | 3 | 15. | Selling equipment that renders food unsafe | 1 | 3 | 16. | Selling equipment that puts other equipment in a condition that renders food unsafe | 1 | 3 | 17. | Selling packaging or labelling material that renders food unsafe | 1 | 3 | 18. | Failing to comply with Food Standards Code | 2 | 6 | 19. | Selling food that does not comply with Food Standards Code | 2 | 6 | 20. | Selling or advertising food that is packaged or labelled in manner that contravenes Food Standards Code | 2 | 6 | 21. | Selling or advertising food in manner that contravenes Food Standards Code | 2 | 6 | 22. | Failing to comply with order under Part 3 | 2 | 6 | 23. | Failing to comply with requirement of authorised officer | 2 | 6 | 24. | Providing false or misleading information | 2 | 6 | 25. | Interfering, without permission, with seized items | 2 | 6 | 26. | Resisting, obstructing or attempting to obstruct authorised officer | 2 | 2 | 27. | Threatening, intimidating or assaulting authorised officer | 2 | 2 | 28. | Failing to comply with improvement notice or prohibition order | 2 | 6 | 29. | Failing to notify connection between approved laboratory and food business | 1 | 1 | 30. | Conducting food business without giving prior, specified notice to council | 1 | 3 | 31. | Failing to comply with Director's requirement to register food business | 2 | 6 | 32. | Bribery | 2 | 2 |
SCHEDULE 2 - Statutory Rules rescinded
Food (Infringement Notices) Regulations 1998 (No. 128 of 1998) | Food Regulations 2001 (No. 95 of 2001) |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 8 October 2003
These regulations are administered in the Department of Health and Human Services.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations (a) prescribe the offences for which infringement notices may be served under the Food Act 2003 and the relevant penalties; and(b) incorporate the Food Standards Code for the purposes of that Act; and(c) define the appropriate enforcement agency for the purposes of that Code; and(d) rescind regulations that were in force under the Food Act 1998.