Version No. 118
Food Act 1984
No. 10082 of 1984
Version incorporating amendments as at
17 April 2025
TABLE OF PROVISIONS
Section Page
Part I—Preliminary
1Short title
2Commencement
3Objects of Act
4Definitions
4AMeaning of food
4BMeaning of food business
4CMeaning of primary food production
4DMeaning of unsafe food
4EMeaning of unsuitable food
4FReference to proprietors of premises
4GFood vending machines deemed to be food premises
4HReference in Food Standards Code to appropriate enforcement agency
4IDeclared authority for the purposes of references in Chapter 4 of the Food Standards Code
5Orders
6Act binds the Crown
6AApplication of Act to primary food production
6BApplication of Act to water suppliers and water storage managers
7Extension to places outside municipal districts
Part IA—Administration and reporting
7ARole of councils
7BRole of Department
7BARole of Department of Energy, Environment and Climate Action
7CAnnual report on food regulation
7DInformation required to be provided by councils
7EDirection by the Minister
Part II—Offences relating to food
Division 1—Serious offences relating to food
8Knowingly handling food in unsafe manner
8AHandling food in unsafe manner in other circumstances
9Knowingly selling unsafe food
9ASale of unsafe food in other circumstances
10Knowingly falsely describing food
10AFalsely describing food in other circumstances
Division 2—Other offences relating to food
11Handling and sale of unsafe food
12Handling and sale of unsuitable food
13Misleading conduct relating to sale of food
14Sale of food not complying with purchaser's demand
15Sale of unfit equipment or packaging or labelling material
16Compliance with Food Standards Code
17Proprietor's name to be affixed to premises
17AFalse descriptions of food
17BApplication of provisions outside jurisdiction
Division 3—Defences
17CDefence relating to publication of advertisements
17DDefence in respect of food for export
17EDefence of due diligence
17FDefence of mistaken and reasonable belief not available
17GDefence in respect of handling food
17HDefence in respect of sale of unfit equipment or packaging or labelling material
Part IIA—Kilojoule labelling scheme
Division 1—Definitions
18Definitions
18AWhat is a chain food premises?
18BWhat is a chain supermarket?
18CWhat is a standard food item?
Division 2—Requirement for proprietor of chain food premises to display kilojoule information
18DRequirement for proprietor of chain food premises to display kilojoule information
18EChain food premises—manner and location of display of kilojoule information
Division 3—Requirement for proprietor of chain supermarket to display kilojoule labelling
18FRequirement for proprietor of chain supermarket to display kilojoule information
18GChain supermarket—manner and location of display of kilojoule information
Division 4—Exemptions
18HExemptions
Part III—Orders
19Orders relating to food premises
19AAOrders relating to premises on which primary food production and related activities are carried out
19AOrders relating to food vending machines and other equipment
19BOrders relating to food handlers
19BAAppeals against orders
Part IIIA—Undertakings
19BBSecretary may accept undertaking
19BCConsent orders and enforcement of undertaking
Part IIIB—Food safety
Division 1—Classification of food premises
19CDeclaration of classes of food premises
19CANotice of intention to make or vary declaration of classes of food premises
Division 2—Minimum record keeping
19CBMinimum record keeping
Division 3—Food safety programs
19DFood safety programs
19DBRegistration of food safety program templates
19DCStandard food…