Food Act 1984 (Vic)

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 safety programs

19DDQA food safety program

19ERequirement for food safety program

19EARevision of food safety program

19FFood safety program must be kept at premises

19FAProprietor to comply with written direction of registration authority

Division 4—Food safety supervisors

19GFood safety supervisors

19GARequirement for food safety supervisor

19GBName of supervisor to be provided on request

Division 5—Assessment and audit of food premises

19HAssessment and audit requirements for food premises

19HAFood safety assessments and food safety audits

19IRequirement for food safety assessment

19IADeficiencies identified in food safety assessment by registration authority

19JFood safety assessment conducted by food safety auditor

19JADeficiencies identified in food safety assessment by food safety auditor

19KRequirement for food safety audit

19LCertificate of compliance following audit

19MDeficiencies identified in food safety audit

19MACertificate of food safety program adequacy

19NFood safety auditor to provide certain information to registration authority

19NARequest by registration authority for copy of report prepared by food safety auditor

Division 6—Food safety auditors

19OOnly approved auditor may conduct audit

19PCertification of food safety auditors

19QAuditor must comply with conditions of certification

19ROffence to impersonate approved auditor

19SConflict of interest

19TRevocation of approval to act as an auditor

19UAudit by council staff

Division 7—Miscellaneous

19UACouncil fees for assessments

19VExemptions concerning food safety

19WDirections concerning food safety

Part IV—Authorized officers

20Authorized officers

21Powers of authorized officers

22Procuring of samples of food

23Procedures on taking samples

24Duties of officer upon seizure and detention of article

25Keeping and storage of certain articles

26Remedy in respect of articles seized

27Destruction or other disposal of seized food

28Liability for costs and expenses of storage or destruction or other disposal of seized article

29Offences with respect to authorized officers and articles

Part V—Analysts

30Analysts

31Duties of analysts

31AInterstate analysts

32Councils to submit samples for analysis

32ASampling requirement declaration

33Copy of certificate of analysis

34Prohibition on use of analyst's certificate for certain purposes

Part VI—Registration of food premises

Division 1—General

35Registration authority

35ARequirement to be registered or to notify registration authority

36Information required to be given to registration authority

36AApplication for registration or notification using online portal

36BCharge for use of online portal

36COnline portal charge

37Notification requirement of Food Standards Code

38Exemption from registration

Division 2—Notification of premises exempt from registration

38AAProcedure for notification

38ABNotification fee

Division 3—Registration of food premises

38AInformation required to accompany application for registration

38BRequirements for registration

38CInformation required to accompany application for renewal of registration

38DRequirements for renewal of registration

38EConditional registration

38FChange in operation of registered food premises

38GChange of food safety program type

39Inspection of premises by registration authority

39ARegistration etc. may be made despite minor defects

39BOffence to fail to comply with registration condition

39CContravention of section 34 of the Meat Industry Act 1993

40Certificates of registration

40ACertificates must be shown on demand

40BMinister may specify period of registration

40CPeriod for which registration lasts

40DRevocation or suspension of registration

40ESecretary may direct council to revoke or suspend a registration

40FCancellation of registration

41ARegistration fees

42Appeal

43Records of registration

43ATransitional provision

Division 4—Single notification or registration scheme

43BApplication of Division to areas of land not within municipal district

43CSingle notification or registration scheme

43DPrincipal premises of food business

43EDeclaration of requirements for notification or registration

43FNotification or registration under the single notification or registration scheme

43GCertificate of registration

43HDeclaration of requirements for statement of trade

43IStatement of trade

Division 5—Display of information

43JDeclaration of requirements to display registration information

43KOffence for proprietor of food business to fail to comply with declaration

43LNotice of intention to declare or vary requirements to display information

Part VII—Emergency powers

44Making of order

44ANature of order

44BSpecial provisions relating to recall orders

44CManner of making orders

44DCompensation

44EFailure to comply with emergency order

44FPerson has no right to be heard before order made

44GSecretary may obtain enforcement order

Part VIII—Legal proceedings

45Proceedings for offences

45AAResponsible agency for the Crown

45ABProceedings against successors to public bodies

45ACPower to bring proceedings

45ABurden of proof as to statements on packages etc.

45BProsecutions

46Right of accused to have third person before court

46AAnalysis is not necessary to conviction

47Power of court to order further analysis

48Power of court to order forfeiture

49Liability of accused for certain costs and expenses

50Evidentiary provisions

50AAEvidentiary certificate signed by the Secretary DH

50AABEvidentiary certificate signed by the Secretary DEECA or the chief executive officer of DFSV or PrimeSafe

50ABEvidentiary certificate signed by chief executive officer of a council

50ACEvidence of signatures

50AAlternative verdicts for serious food offences

51Offences by bodies corporate

51ACriminal liability of officers of bodies corporate—accessorial liability

51BCriminal liability of officers of bodies corporate—failure to exercise due diligence (legal burden of proof)

52Offences by unincorporated bodies, partnerships etc.

52AOffences by employers

52BLiability of employees and agents

53General penalty

53ACourt may order costs and expenses

53BCourt may order corrective advertising

Part VIIIA—Publication of convictions

53CReferences to appeal against conviction

53DRegister of convictions

53EPublication of information on register

53FInformation that must not be included in register

53GObtaining information for inclusion in the register

53HCorrection of register

53IRemoval of record of conviction from register

53JAdditional information

Part IX—Miscellaneous provisions

54Secrecy

54AConfidential food information may be given to the Secretary

54BConfidential food information may be given to the Food Safety Council

54CConfidential food information may be given to a council

54DConfidential food information may be given to a public statutory body

55Mode of service of documents and certain samples

56Protection against liability

56AInfringements

57Payment of penalties

58Victorian Liquor Commission to be notified of certain matters

58ADelegation by council

58ABDelegations by Secretary DEECA, the DFSV or PrimeSafe

58BMatters occurring outside registration area

59False and misleading statements

59ADestroying or damaging records

59BValidity and effect of notices, orders and other documents

59CCost recovery in respect of failure to comply with direction or notice

Part X—Food Safety Council

60Establishment of the Council

60AFunctions

60BPowers

60CMembers of the Council

60DConditions of office of members

60EProcedure at meetings

60FReport on operations

60GUse of assistants

60HMembers must not disclose confidential information

60ICouncil the successor of the Food Standards Committee

Part XI—Regulations

63Regulations

63APrescribed food standards

63BLimitation on power to make local laws

Part XII—Transitional provisions for Food (Amendment) Act 2001

63CExisting orders to continue

63DExtended application of Division 3 of Part IIIA

Part XIII—Transitional and savings provisions for Part 2 of the Food Amendment (Regulation Reform) Act 2009

64Definitions

65Minimum record keeping

66Food safety program templates

67Inspections

68Audits

69Food safety auditors

70Registration and notification of food premises

71Grounds for revocation or suspension of registration or direction by the Secretary

72Food (Forms and Registration) Regulations 2005

73Register of convictions

74First declaration under section 19C

75Declarations made and exemptions granted before commencement

76Transitional regulations

Part XIV—Transitional and savings provisions for Part 4 of Food Amendment (Regulation Reform) Act 2009

77Definitions

78Temporary food premises, mobile food premises or food vending machine currently registered

79Temporary food premises, mobile food premises or food vending machine for which notification has been given

Part XV—Transitional and savings provisions

80Transitional provision—Primary Industries and Food Legislation Amendment Act 2012

81Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013

82Transitional provision—Food Amendment Act 2020

Schedules

Schedule 1—Infringements

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 118

Food Act 1984

No. 10082 of 1984

Version incorporating amendments as at

17 April 2025

An Act to consolidate and amend the Law relating to the Preparation and Sale of Food, to make Provision for securing the Wholesomeness and Purity of and fixing Standards for Food, to prevent false or misleading packaging and labelling of Food and false or misleading advertising in connexion with Food, to amend the Health Act 1958, the Magistrates (Summary Proceedings) Act 1975 and the Health Commission Act 1977 and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

PART I—PRELIMINARY

1Short title

This Act may be cited as the Food Act 1984.

2Commencement

The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

3Objects of Act

The objects of this Act include the following—

(a)to ensure food for sale is both safe and suitable for human consumption;

(b)to prevent misleading conduct in connection with the sale of food;

(c)to provide for the application in Victoria of the Food Standards Code.

4Definitions

(1)In this Act—

advertisement means—

(a)any words, whether written or spoken; or

(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;

analysisincludes any examination or testing of food or any other thing;

analyst means a person authorized under section 30 to carry out analyses for the purposes of this Act;

animalincludes an amphibian, bird, crustacean, fish, mollusc or reptile;

approved food safety auditor means a person holding a current certificate issued under section 19P;

article means—

(a)any food; or

(ab)any plant, plant product, animal, livestock product, chemical, fertiliser, stock food, soil, surface or other thing used in, or in connection with, the handling of food; or

(b)any equipment; or

(c)a package; or

(d)any labelling or advertising material used or capable of being used in or in connection with the sale of any food;

authorized officer means—

(a)a person who is authorised by the Secretary or appointed by a council to be an authorized officer under section 20; or

(b)an environmental health officer appointed under section 29 of the Public Health and Wellbeing Act 2008; or

(c)a person who is an authorised officer appointed under section 43 of the Dairy Act 2000; or

(d)a person who, under the Meat Industry Act 1993, is appointed as, or has the powers of, an inspector or is a person authorised to be an inspector by an inspection service approved under section 7 of that Act; or

(e)in relation to a food premises on land that is not part of a municipal district, the Secretary; or

(f)a person to whom, under section 19 of the Public Health and Wellbeing Act 2008, the Secretary delegates any of the functions or powers of an authorized officer under this Act;

booksincludes any register or other record of information and accounts or financial records (within the meaning of the Corporations Act), however compiled, recorded or stored, and also includes any document;

chief executive officer, of a council, means the person appointed by the council to be its chief executive officer or any person acting in that position;

component, of a food business, means any of the following operated by the business—

(a)a fixed food premises;

(b)a temporary food premises;

(c)a mobile food premises;

(d)a food vending machine;

corresponding law means a law of another State or a Territory which the Governor in Council by Order declares to be a law that makes provision substantially similar to a provision of this Act;

council has the same meaning as in the Local Government Act 2020, and the council means the council of the municipal district to which the provision in which the term is used applies;

declared authority means a person or body declared under section 4I(1);

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Department means the Department of Health;

DFSV means Dairy Food Safety Victoria established under Part 2 of the Dairy Act 2000;

Director of Consumer Affairs means the person who, for the time being, is employed as Director of Consumer Affairs Victoria under the Public Administration Act 2004;

equipmentmeans 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;

foodhas the meaning given by section 4A;

food business has the meaning given by section 4B;

food premises means any premises at, on or from which food is sold, or handled with the intention that it be sold, but does not include—

(a)any premises used solely for the purposes of a primary food production business, enterprise or activity; or

(b)any premises or other place declared by an Order made under section 5(3) not to be a food premises;

food safety assessment has the meaning given by section 19HA(1);

food safety audit has the meaning given by section 19HA(2);

Food Safety Council means the Food Safety Council established under section 60;

food safety program has the meaning given by section 19D;

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food safety program template means a written document that contains a set of instructions to enable the proprietor of a food business to create a food safety program that complies with section 19D;

food safety program type means—

(a)a standard food safety program; or

(b)a non-standard food safety program that is not a QA food safety program; or

(c)a QA food safety program;

Food Safety Standards means the standards contained in Chapter 3 of the Food Standards Code;

food safety supervisor has the meaning given by section 19G;

Food Standards Code means the Australia New Zealand Food Standards Code as defined in the Food Standards Australia New Zealand Act 1991 of the Commonwealth;

food transport vehicle means a vehicle used for the transport of food for sale other than a water transport vehicle;

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;

handling, in relation to food, includes the making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food;

Note

Section 4C(3) clarifies that handling of food includes primary food production.

hazard means a biological, chemical, radiological or physical agent or factor that may adversely affect the health of any person;

labelincludes 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;

livestock product has the same meaning as in section 3(1) of the Livestock Disease Control Act 1994;

mobile food premises means a food premises that is a vehicle;

non-standard food safety program means a food safety program that is not a standard food safety program;

online portal means the electronic registration system—

(a)maintained by the Secretary; and

(b)used by a registration authority to receive and record information relating to food premises including the following—

(i)any application for the registration of food premises;

(ii)any renewal of registration of food premises;

(iii)any notification of the operation of food premises;

(iv)any information relating to the registration and compliance of food premises;

packageincludes 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;

person includes a body or association (corporate or unincorporate) and a partnership;

plant product has the same meaning as in the Plant Biosecurity Act 2010;

police officer has the same meaning as in the Victoria Police Act 2013;

premises includes—

(a)land (whether or not vacant); and

(b)the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); and

(c)a pontoon; and

(d)a vehicle (other than a food transport vehicle while it is engaged in the transport of food);

prepare includes manufacture, process and treat;

prescribed means prescribed by this Act, the regulations or a prescribed food standard;

prescribed food standard has the meaning given by section 63A;

primary food production has the meaning given by section 4C;

primary production and processing standard means a standard contained in Chapter 4 of the Food Standards Code;

PrimeSafe means the Authority established under Part 6 of the Meat Industry Act 1993;

principal premises, of a food business, has the meaning given by section 43D;

proprietorof 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 statutory body means any body created by, or under the authority of, an Act of the Commonwealth or of a State or Territory for a public purpose;

QA food safety program has the meaning given by section 19DD(2);

recall order means an order under Part VII requiring the recall or disposal, or both, of any food;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

registration authority means the relevant registration authority, as determined under section 35;

sample includes part of a sample;

Secretary—

(a)in paragraph (a) of the definition of authorized officer in section 4(1) of Part 1 and in Part II, Part III, Part IIIA (except section 19BB(5), (6) and (7)), Part IV (except section 20(5)), Part VIII and Part IX (except sections 56(1) and 59C(3)) means the Secretary DH or the Secretary DEECA; and

(b)in any other provision in this Act means the Secretary DH;

Secretary DEECA means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Energy, Environment and Climate Action;

Secretary DH means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;

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sellincludes—

(a)barter, offer or attempt to sell; and

(b)receive for sale; and

(c)have in possession for sale; and

(d)display for sale; and

(e)cause or permit to be sold or offered for sale; and

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

(g)dispose of by any method for valuable consideration; and

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

(i)provide under a contract of service; and

(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; and

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

(l)offer as a prize or reward; and

(m)give away for the purpose of advertisement or in furtherance of trade or business; and

(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; and

(o)supply food (whether or not for consideration) in the course of providing services to patients in hospitals or prisoners in prisons; and

(p)sell for the purpose of resale;

service, in relation to a food vending machine, means stock or replenish that machine with food;

standard food safety program has the meaning given by section 19DC(1);

substance includes a mixture or compound;

temporary food premises means a food premises that is—

(a)a tent, stall or other structure that is not permanently fixed to a site; or

(b)a permanent structure not owned or leased by the food business that operates the premises and in which food is handled for sale or from which food is sold by that business on an occasional basis only;

therapeutic good has the same meaning as it has in the Therapeutic Goods Act 1989 of the Commonwealth;

this Act includes the regulations;

unsafehas the meaning given by section 4D;

unsuitablehas the meaning given by section 4E;

vehiclemeans any means of transport, whether self-propelled or not, and whether used on land or sea or in the air.

water transport vehicle means a vehicle used by a private water carter to transport water that is intended for human consumption or for purposes connected with human consumption (such as the preparation of food or the making of ice for consumption or for the preservation of unpackaged food) whether or not the water is used for other purposes.

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(3)For the purposes of this Act—

(a)food or equipment that is displayed for the purpose of being offered as a prize or reward or given away for the purpose of advertisement or in the furtherance of trade or business is taken to have been displayed for sale by the owner of the food or equipment;

(b)food that is donated to a person who distributes food for a charitable or benevolent purpose is not to be taken to be food that was given away for the purpose of advertisement or in furtherance of trade or business;

(c)food which is exposed or deposited in any premises for the purpose of being so offered as a prize or reward or given away is taken to have been exposed for sale by the occupier of the premises.

(4)Where a word or phrase is given a particular meaning in this Act, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings.

(5)Where a provision of this Act is with respect to a particular subject-matter inconsistent with a provision of any other Act, the provision of this Act shall prevail and the provision of that other Act is, to the extent of the inconsistency, of no force or effect.

(6)Where a provision of a regulation made under this Act is with respect to a particular subject-matter inconsistent with a provision of a regulation, rule or by-law made under any other Act, the provision of the regulation made under this Act shall prevail and that other provision is, to the extent of the inconsistency, of no force or effect.

4AMeaning of food

(1)In this Act, food includes—

(a)any substance or thing of a kind used, or represented as being for use, for human consumption (whether it is live, raw, prepared or partly prepared);

(b)any substance or thing of a kind used, or represented as being for use, as an ingredient or additive in a substance or thing referred to in paragraph (a);

(c)any substance used in preparing a substance or thing referred to in paragraph (a) (other than a substance used in preparing a living thing) if it comes into direct contact with the substance or thing referred to in that paragraph, such as a processing aid;

(d)chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum;

(e)any substance or thing declared to be a food under a declaration in force under section 3B of the Australia New Zealand Food Authority Act 1991 of the Commonwealth.

(2)A substance, thing, chewing gum or ingredient or additive in chewing gum described in subsection (1) is food regardless of whether or not it is in a condition fit for human consumption.

(3)However, food does not include a therapeutic good.

(4)To avoid doubt, food may include live animals and plants.

4BMeaning of food business

In this Act, food business means a business, enterprise or activity (other than a business, enterprise or activity that is primary food production) that involves—

(a)the handling of food intended for sale; or

(b)the sale of food, regardless of whether the business, enterprise or activity concerned is of a commercial, charitable or community nature or whether it involves the handling or sale of food on one occasion only.

4CMeaning of primary food production

(1)In this Act, primary food production means the growing, raising, cultivation, picking, harvesting, collection or catching of food, and includes the following—

(a)the transportation or delivery of food on, from or between the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught;

(b)the packing, treating (for example, washing) or storing of food on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught;

(c)the storage of food in a silo that is not connected with a food processing operation and the transportation or delivery of food from, between or to such silos;

(d)the sale of livestock at saleyards and the transportation of livestock to and from saleyards;

(e)any other food production activity that is regulated by or under an Act prescribed by the regulations for the purposes of this subsection.

(2)However, primary food production does not include—

(a)any process involving the substantial transformation of food (for example, manufacturing or canning), regardless of whether the process is carried out on the premises on which the food was grown, cultivated, picked, harvested, collected or caught; or

(b)the sale or service of food directly to the public; or

(c)any other food production activity that is prescribed by the regulations for the purposes of this subsection.

Note

Section 4C(2)(c) enables regulations to be made prescribing food production activities that are not included in the definition of primary food production. Such a regulation might be made, for example, to prescribe a food production activity in relation to which significant and unmanaged food safety hazards have been identified.

(3)To avoid doubt, references in this Act to the handling of food includes primary food production.

4DMeaning of unsafe food

(1)For the purposes of this Act, food is unsafe at a particular time if it would be likely to cause physical harm to a person who might later consume it, assuming—

(a)it was, after that particular time and before being consumed by the person, properly subjected to all processes (if any) that are relevant to its reasonable intended use; and

(b)nothing happened to it after that particular time and before being consumed by the person that would prevent it being used for its reasonable intended use; and

(c)it was consumed by the person according to its reasonable intended use.

(2)However, food is not unsafe for the purposes of this Act merely because its inherent nutritional or chemical properties cause, or its inherent nature causes, adverse reactions only in persons with allergies or sensitivities that are not common to the majority of persons.

(3)In subsection (1), processes include processes involving storage and preparation.

4EMeaning of unsuitable food

(1)For the purposes of this Act, food is unsuitable if it is food that—

(a)is damaged, deteriorated or perished to an extent that affects its reasonable intended use; or

(b)contains any damaged, deteriorated or perished substance that affects its reasonable intended use; or

(c)is the product of a diseased animal, or an animal that has died otherwise than by slaughter, and has not been declared by or under another Act to be safe for human consumption; or

(d)contains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food.

(2)However, food is not unsuitable for the purposes of this Act merely because—

(a)at any particular time before it is sold for human consumption it contains an agricultural or veterinary chemical; or

(b)when it is sold for human consumption it contains an agricultural or veterinary chemical, so long as it does not contain the chemical in an amount that contravenes the Food Standards Code; or

(c)it contains a metal or non-metal contaminant (within the meaning of the Food Standards Code) in an amount that does not contravene the permitted level for the contaminant as specified in the Food Standards Code; or

(d)it contains any matter or substance that is permitted by the Food Standards Code.

(3)In this section, slaughter of an animal includes the killing of an animal in the process of capturing, taking or harvesting it for the purposes of preparing it for use as food.

4FReference to proprietors of premises

A reference to the proprietor of a food premises or premises is a reference to the proprietor of the food business that operates at, on or from the premises.

4GFood vending machines deemed to be food premises

For the purposes of this Act a food vending machine is deemed to be a food premises.

4HReference in Food Standards Code to appropriate enforcement agency

For the purposes of any provision of this Act which applies the Food Standards Code, a reference in Standard 3.1.1 of that code to an appropriate enforcement agency is taken to be a reference to the registration authority.

4IDeclared authority for the purposes of references in Chapter 4 of the Food Standards Code

(1)The Minister, by order published in the Government Gazette, may declare a person or body or a person or body belonging to a specified class of person or body to be a declared authority for the purposes of carrying out any function or duty or exercising any power of an Authority, authority or relevant authority referred to in a specified primary production and processing standard or any specified provision of that standard.

(2)An order made under subsection (1) may be made so as to be limited in respect of time or circumstances including in respect of—

(a)a person or a person belonging to a specified class of person; or

(b)a premises or a premises belonging to a specified class of premises.

(3)An order under this section takes effect on the date that the order is published in the Government Gazette or on any later date specified in the order.

(4)For the purposes of any provision of this Act that applies the Food Standards Code, a reference in a primary production and processing standard or any provision of that standard to an "Authority", "authority" or "relevant authority" is taken to be a reference to a "declared authority" declared in an order under subsection (1) for the purposes of that primary production and processing standard or that provision of that standard (as the case requires).

5Orders

(1)The Governor in Council may by Order published in the Government Gazette—

(a)declare a law of a State or Territory of the Commonwealth of Australia to be a corresponding law for the purposes of this Act; and

*                *                *                *                *

(2)An Order made by the Governor in Council under subsection (1) may by like Order be amended, varied or revoked.

(3)The Minister may make an order declaring—

(a)any premises or part of a premises or any other place not to be a food premises for the purposes of this Act.

*                *                *                *                *

(3A)The Minister may, by order published in the Government Gazette, exempt from this Act or any provision of this Act—

(a)any food premises or class of food premises.

*                *                *                *                *

(4)An order made by the Minister under subsection (3) or (3A)—

(a)may be made so as to be limited in respect of time or circumstances; and

(b)may by like order be amended, varied or revoked.

(5)The Secretary DH or the Secretary DEECA, by order published in the Government Gazette, may exempt a person or a person belonging to a specified class of person from complying with a specified requirement of the Food Standards Code.

(6)An order under subsection (5) may be made by the Secretary DEECA only in respect of a requirement in a primary production and processing standard.

(7)An order under subsection (5)—

(a)may be made so as to be limited in respect of time or circumstances; and

(b)may be unconditional or subject to any condition specified in the order; and

(c)takes effect on the date that the order is published in the Government Gazette or on any later date specified in the order; and

(d)may by like order be amended, varied or revoked.

6Act binds the Crown

(1)This Act binds the Crown—

(a)in right of the State of Victoria; and

(b)to the extent that the legislative power of the Parliament permits, in all its other capacities.

(2)To avoid doubt, the Crown is a body corporate for the purposes of this Act.

6AApplication of Act to primary food production

(1)Part VI does not apply to or in respect of primary food production.

*                *                *                *                *

6BApplication of Act to water suppliers and water storage managers

(1)The following provisions of this Act do not apply to, or in relation to, a water supplier or water storage manager in respect of the supply of water for human consumption through a reticulated water system—

(a)sections 8, 8A, 10, 10A, 11(1), 12(1), 13, 14 and 15;

(b)section 16 to the extent to which it requires compliance with the requirements of the Food Safety Standards;

(c)Parts III, IIIA, IIIB, IV and VI.

(2)In this section—

water storage manager means—

(a)a water storage manager within the meaning of section 3 of the Safe Drinking Water Act 2003; or

(b)a person that is employed or engaged by such a body to supply water for human consumption;

water supplier means—

(a)a water supplier within the meaning of section 3 of the Safe Drinking Water Act 2003; or

(b)a body that is constituted by or under an Act and that has as one of its functions the supply of water for human consumption; or

(c)a person that is employed or engaged by such a water supplier or body to supply water for human consumption; or

(d)any body or person prescribed by the regulations for the purposes of this section.

7Extension to places outside municipal districts

(1)All or any of the provisions of this Act may be extended by proclamation of the Governor in Council to any place not situated in a municipal district and in every such case the Secretary shall have and may exercise in respect of such place all the powers duties and authorities of councils under this Act.

(2)A proclamation made by the Governor in Council under subsection (1) may by like proclamation be amended, varied or revoked.

PART IA—ADMINISTRATION AND REPORTING

7ARole of councils

The role of a council under this Act is to—

(a)carry out the powers and functions vested in it under this Act in accordance with the requirements of this Act;

(b)promote the objectives of this Act;

(c)cooperate with other councils and the Department in relation to the administration of this Act;

(d)ensure, to the extent appropriate, that the administration of this Act by the council is consistent with the administration of this Act throughout Victoria by other councils;

(e)participate in the state-wide system for the single notification or registration of temporary food premises, mobile food premises or food vending machines.

7BRole of Department

The role of the Department under this Act is to—

(a)facilitate the exercise of the powers and functions of the Secretary under this Act;

(b)promote the objects of this Act and the consistent administration of this Act by providing information and guidance to councils, authorized officers and food safety auditors;

(c)publish an annual report on food regulation.

7BARole of Department of Energy, Environment and Climate Action

The role of the Department of Energy, Environment and Climate Action under this Act is to—

(a)facilitate the exercise of the powers and functions of the Secretary DEECA in relation to primary food production and related activities that, under arrangements with the Secretary DH, are to be carried out or exercised by the Secretary DEECA;

(b)promote the objects of this Act in relation to primary food production and related activities.

7CAnnual report on food regulation

(1)For each calendar year the Department must publish an annual report on food regulation.

(2)The annual report must contain the following information—

(a)statistics relating to the registration of food premises under this Act by the Secretary and each council including—

(i)the number of newly registered food premises;

(ii)the number of food premises for which registration was renewed;

(iii)the number of registrations under each class of registration;

(iv)the number of food premises for which registration under this Act was revoked or suspended;

(ab)statistics relating to the registration of food businesses operating from temporary food premises, mobile food premises or food vending machines;

(b)statistics relating to the analysis of food samples submitted by each council under section 32;

(c)statistics relating to the enforcement action taken by the Secretary and each council under this Act including—

(i)the number and nature of infringement notices issued;

(ii)the number of prosecutions and the nature of the alleged offences;

(iii)the number of cases that resulted in either a conviction or a finding of guilt;

(iv)the nature of any sentences or other orders imposed by the court;

(d)a copy of any direction given by the Minister under section 7E and the action taken by councils in response to the direction.

7DInformation required to be provided by councils

(1)The Secretary may, by notice published in the Government Gazette, declare—

(a)the information that a council is required to provide to the Department relating to the administration of this Act; and

(b)the intervals at which the information is required to be provided; and

(c)the format or manner in which the information is required to be provided.

(2)Before making a declaration under subsection (1), or making a substantial amendment to the declaration, the Secretary must consult with a body that represents local government.

(3)A council must comply with a declaration made under subsection (1).

7EDirection by the Minister

(1)The Minister may give a written direction to a council, or the chief executive officer of the council, in relation to any matter concerning the administration of this Act by the council.

(2)The Minister may give a written direction to a class of councils, or each chief executive officer of a class of councils, in relation to any matter concerning the administration of this Act by the councils.

(3)The Minister may only give a direction under this section if the Minister considers that the direction—

(a)is in the public interest; and

(b)will promote the objectives of this Act or the consistent administration of this Act.

(4)A direction under subsection (1) must not be given in relation to the decision under this Act by a council or an authorized officer with respect to a particular food premises or a particular proprietor.

(5)Unless the Minister considers that a direction is required as a matter of urgency, before giving a direction under this section, the Minister must ensure that—

(a)if the direction is to be given under subsection (1), the council or the chief executive officer has been provided with a draft of the direction and been given an opportunity to comment; or

(b)if the direction is to be given under subsection (2), either—

(i)each council or chief executive officer has been provided with a draft of the direction and been given an opportunity to comment; or

(ii)a body that represents local government has been provided with a draft of the direction and been given an opportunity to comment.

(6)If a council, or the chief executive officer of a council, is given a direction under subsection (1), a copy of the direction must be published in the annual report required to be published by the council under section 98 of the Local Government Act 2020.

PART II—OFFENCES RELATING TO FOOD

Division 1—Serious offences relating to food

8Knowingly handling food in unsafe manner

(1)A person must not handle food intended for sale in a manner that the person knows will render, or is likely to render, the food unsafe.

(2)A person who contravenes subsection (1) is guilty of an indictable offence and is liable to a penalty not exceeding—

(a)in the case of an individual, $100 000 or imprisonment for 2 years, or both;

(b)in the case of a corporation, $500 000.

Note

Section 51B applies to an offence against this section.

8AHandling food in unsafe manner in other circumstances

(1)A person must not handle food intended for sale in a manner that the person ought reasonably to know is likely to render the food unsafe.

(2)A person who contravenes subsection (1) is guilty of an indictable offence and is liable to a penalty not exceeding—

(a)in the case of an individual, $75 000;

(b)in the case of a corporation, $375 000.

Note

Section 51B applies to an offence against this section.

9Knowingly selling unsafe food

(1)A person must not sell food that the person knows is unsafe.

(2)A person who contravenes subsection (1) is guilty of an indictable offence and is liable to a penalty not exceeding—

(a)in the case of an individual, $100 000 or imprisonment for 2 years, or both;

(b)in the case of a corporation, $500 000.

Note

Section 51B applies to an offence against this section.

9ASale of unsafe food in other circumstances

(1)A person must not sell food that the person ought reasonably to know is unsafe.

(2)A person who contravenes subsection (1) is guilty of an indictable offence and is liable to a penalty not exceeding—

(a)in the case of an individual, $75 000;

(b)in the case of a corporation, $375 000.

Note

Section 51B applies to an offence against this section.

10Knowingly falsely describing food

(1)A person must not cause food intended for sale to be falsely described if the person knows that a consumer of the food who relies on the description will, or is likely to, suffer physical harm.

Note

Examples of food that is falsely described are contained in section 17A.

(2)A person must not sell food that the person knows is falsely described and will, or is likely to, cause physical harm to a consumer of the food who relies on the description.

Note

Examples of food that is falsely described are contained in section 17A.

(3)A person who contravenes subsection (1) or (2) is guilty of an indictable offence and is liable to a penalty not exceeding—

(a)in the case of an individual, $100 000 or imprisonment for 2 years, or both;

(b)in the case of a corporation, $500 000.

Note

Section 51B applies to an offence against subsection (1) or (2).

10AFalsely describing food in other circumstances

(1)A person must not cause food intended for sale to be falsely described if the person ought reasonably to know that a consumer of the food who relies on the description is likely to suffer physical harm.

Note

Examples of food that is falsely described are contained in section 17A.

(2)A person must not sell food that the person ought reasonably to know is falsely described and is likely to cause physical harm to a consumer of the food who relies on the description.

Note

Examples of food that is falsely described are contained in section 17A.

(3)A person who contravenes subsection (1) or (2) is guilty of an indictable offence and is liable to a penalty not exceeding—

(a)in the case of an individual, $75 000;

(b)in the case of a corporation, $375 000.

Note

Section 51B applies to an offence against subsection (1) or (2).

Division 2—Other offences relating to food

11Handling and sale of unsafe food

(1)A person must not handle food intended for sale in a manner that will render, or is likely to render, the food unsafe.

Penalty:$40 000 in the case of an individual and $200 000 in the case of a corporation.

(2)A person must not sell food that is unsafe.

Penalty:$40 000 in the case of an individual and $200 000 in the case of a corporation.

Note

Section 51B applies to an offence against subsection (1) or (2).

12Handling and sale of unsuitable food

(1)A person must not handle food intended for sale in a manner that will render, or is likely to render, the food unsuitable.

Penalty:$40 000 in the case of an individual and $200 000 in the case of a corporation.

(2)A person must not sell food that is unsuitable.

Penalty:$40 000 in the case of an individual and $200 000 in the case of a corporation.

(3)For the purposes of this section, it is immaterial whether the food concerned is safe.

Note

Section 51B applies to an offence against subsection (1) or (2).

13Misleading conduct relating to sale of food

(1)Despite anything to the contrary in Part IIA, a person must not, in the course of carrying on a food business, engage in conduct that is misleading or deceptive or is likely to mislead or deceive in relation to the advertising, packaging or labelling of food intended for sale or the sale of food.

Penalty:$40 000 in the case of an individual and $200 000 in the case of a corporation.

(2)Despite anything to the contrary in Part IIA, a person must not, for the purpose of effecting or promoting the sale of any food in the course of carrying on a food business, cause the food to be

advertised, packaged or labelled in a way that falsely describes the food.

Penalty:$40 000 in the case of an individual and $200 000 in the case of a corporation.

Note

Examples of food that is falsely described are contained in section 17A.

(3)Despite anything to the contrary in Part IIA, a person must not, in the course of carrying on a food business, sell food that is packaged or labelled in a way that falsely describes the food.

Penalty:$40 000 in the case of an individual and $200 000 in the case of a corporation.

Note

Examples of food that is falsely described are contained in section 17A.

(4)Nothing in subsection (2) or (3) limits the generality of subsection (1).

Note

Section 51B applies to an offence against subsection (1), (2) or (3).

14Sale of food not complying with purchaser's demand

(1)A person must not, in the course of carrying on a food business, supply food by way of sale if the food is not of the nature or substance demanded by the purchaser.

Penalty:$40 000 in the case of an individual and $200 000 in the case of a corporation.

Note

Section 51B applies to an offence against this subsection.

(2)For the purposes of this section, it is immaterial whether the food concerned is safe.

15Sale of unfit equipment or packaging or labelling material

(1)A person must not sell equipment that if used for the purposes for which it was designed or intended to be used—

(a)would render or be likely to render food unsafe; or

(b)would put other equipment, or would be likely to put other equipment, in such a condition that, if the other equipment were used for the purposes for which it was designed or intended to be used, it would render, or be likely to render, food unsafe.

Penalty:$40 000 in the case of an individual and $200 000 in the case of a corporation.

(2)A person must not sell packaging or labelling material that if used for the purposes for which it was designed or intended to be used would render or be likely to render food unsafe.

Penalty:$40 000 in the case of an individual and $200 000 in the case of a corporation.

Note

Section 51B applies to an offence against subsection (1) or (2).

16Compliance with Food Standards Code

(1)A person must comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to the conduct of a food business or to food intended for sale or food for sale.

Penalty:$40 000 in the case of an individual and $200 000 in the case of a corporation.

Note

Under section 37, a person complies with the requirements of the Food Standards Code relating to notification if an application for the registration of a food premises is made, or notification of its operation is given, in accordance with Part VI.

(2)A person must not sell any food that does not comply with any requirement of the Food Standards Code that relates to the food.

Penalty:$40 000 in the case of an individual and $200 000 in the case of a corporation.

(3)A person must not sell or advertise any food that is packaged or labelled in a manner that contravenes a provision of the Food Standards Code.

Penalty:$40 000 in the case of an individual and $200 000 in the case of a corporation.

(4)A person must not sell or advertise for sale any food in a manner that contravenes a provision of the Food Standards Code.

Penalty:$40 000 in the case of an individual and $200 000 in the case of a corporation.

(5)A person does not contravene any provision of this section by reason only of failing to comply with an applicable requirement of the Food Standards Code if the person is exempted from compliance with that requirement by an order made under section 5(5).

Note

Section 51B applies to an offence against subsection (1), (2), (3) or (4).

17Proprietor's name to be affixed to premises

(1)The proprietor of a food business must ensure that his, her or its name is prominently displayed on any food premises used in connection with the food business.

Penalty:10 penalty units.

Note

Section 51A applies to an offence against this subsection.

(2)A person who sells any food from any premises on which the name of any other person appears under subsection (1) must be taken to have sold the food as the agent of that other person, unless the contrary is proved.

17AFalse descriptions of food

(1)For the purposes of this Part and despite anything to the contrary in Part IIA, food that is falsely described includes food to which any one or more of the following paragraphs applies—

(a)the food is represented as being of a particular nature or substance for which there is a prescribed standard under the Food Standards Code and the food does not comply with that prescribed standard;

(b)the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance in a quantity or proportion that significantly diminishes its food value or nutritive properties as compared with food of the represented nature or substance;

(c)the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance of lower commercial value than food of the represented nature or substance;

(d)the food is represented as being of a particular nature or substance and a constituent of the food has been wholly or partly removed so that its properties are diminished as compared with food of the represented nature or substance;

(e)any word, statement, device or design used in the packaging or labelling of the food, or in an advertisement for the food, would create a false impression as to the nature or substance of the food, or the commercial value of the food, in the mind of a reasonable person;

(f)the food is not of the nature or substance represented by the manner in which it is packaged, labelled or offered for sale.

(2)Without limiting the application of subsection (1) of this section to sections 10(2) and 10A(2), food is falsely described for the purposes of sections 10(2) and 10A(2) if it is supplied in response to a purchaser's request for a particular type of food, or a food that does not contain a particular ingredient, and the food is not of that type or contains that ingredient.

17BApplication of provisions outside jurisdiction

Except as provided in section 17D, for the purposes of a provision of this Part, it does not matter that the food concerned was sold or intended for sale outside Victoria.

Note

See section 17D for a defence in relation to food intended for export.

Division 3—Defences

17CDefence relating to publication of advertisements

(1)In any proceedings for an offence under this Part in relation to the publication of an advertisement, it is a defence for a person to prove that the person carried on the business of publishing or arranging for the publication of advertisements and that the person published or arranged for the publication of the advertisement in question in the ordinary course of that business.

(2)Subsection (1) does not apply if the person—

(a)should reasonably have known that the publication of the advertisement was an offence; or

(b)had previously been informed in writing by the Secretary that publication of such an advertisement would constitute an offence; or

(c)is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisements concerned were published.

17DDefence in respect of food for export

(1)In any proceedings for an offence under this Part involving a contravention of or failure to comply with a provision of the Food Standards Code in relation to food, it is a defence for a person to prove that—

(a)the food in question is to be exported to another country; and

(b)the food complies with the laws (if any) in force at the time of the alleged offence in the place to which the food is to be exported, being laws that deal with the same subject-matter as the provision of the Food Standards Code concerned.

(2)This section does not apply to food that was originally intended for export but was sold in Victoria.

17EDefence of due diligence

(1)In any proceedings for an offence under this Part, it is a defence if it is proved that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person or by another person under the person's control.

(2)Without limiting the ways in which a person may satisfy the requirements of subsection (1), a person satisfies those requirements if it is proved—

(a)that the commission of the offence was due to—

(i)an act or default of another person; or

(ii)reliance on information supplied by another person; and

(b)that—

(i)the person carried out all such checks of the food concerned as were reasonable in all the circumstances; or

(ii)it was reasonable in all the circumstances to rely on checks carried out by the person who supplied the food concerned to the person; and

(c)that the person did not import the food into the jurisdiction from another country; and

(d)in the case of an offence involving the sale of food, that—

(i)the person sold the food in the same condition as when the person purchased it; or

(ii)the person sold the food in a different condition to that in which the person purchased it, but that the difference did not result in any contravention of this Act; and

(e)that the person did not know and had no reason to suspect at the time of commission of the alleged offence that the person's act or omission would constitute an offence under the relevant section.

(3)In subsection (2)(a), another person does not include a person who was—

(a)an employee or agent of the accused; or

(b)in the case of an accused that is a body corporate, a director, employee or agent of the accused.

(4)Without limiting the ways in which a person may satisfy the requirements of subsection (1) or (2)(b)(i), a person may satisfy those requirements by proving that—

(a)in the case of an offence relating to a food business for which a food safety program is required, the person complied with a food safety program for the food business; or

(b)in any other case, the person complied with a scheme (for example, a quality assurance program or an industry code of practice) that was—

(i)designed to manage food safety hazards and was based on Australian national or international standards, codes or guidelines designed for that purpose; and

(ii)documented in some manner.

17FDefence of mistaken and reasonable belief not available

In any proceedings for an offence under Division 2, it is no defence that the accused had a mistaken but reasonable belief as to the facts that constituted the offence.

17GDefence in respect of handling food

In any proceedings for an offence under section 8, 8A, 11(1) or 12(1), it is a defence if it is proved that the person caused the food to which the offence relates to be destroyed or otherwise disposed of immediately after the food was handled in the manner that was likely to render it unsafe or unsuitable.

17HDefence in respect of sale of unfit equipment or packaging or labelling material

In any proceedings for an offence under section 15(1) or (2), it is a defence if the person proves that the person reasonably believed that the equipment or material concerned was not intended for use in connection with the handling of food.

PART IIA—KILOJOULE LABELLING SCHEME

Division 1—Definitions

18Definitions

For the purposes of this Part—

chain food premises has the meaning given in section 18A;

chain supermarket has the meaning given in section 18B;

floor area in relation to a supermarket premises means the continuous internal floor area of the supermarket premises that is used to display items available for sale to consumers and excludes any part of the floor area available for the consumption of food at the supermarket premises;

food label in relation to a standard food item means, irrespective of whether or not the standard food item is listed on a menu—

(a)a price ticket attached to, or closely associated with, the standard food item; or

(b)an identifying name label attached to, or closely associated with, the standard food item;

kilojoule labelling scheme means the requirements set out in this Part regarding the display of kilojoule information about standard food items sold by certain food businesses;

menu means a list or other depiction of at least one standard food item (together with its name or price) that is printed or is in electronic form and that—

(a)appears on a board, poster, leaflet or similar thing at the food premises at which the standard food item is sold; or

(b)in the case of a drive-through facility, appears on a board, poster, leaflet or similar thing visible at or before the point of ordering the standard food item; or

(c)is distributed or is available other than at the food premises from which the standard food item is sold;

proprietor of a chain food premises means—

(a)the person carrying on a food business at the chain food premises; or

(b)if the person referred to in paragraph (a) cannot be identified, the person in charge of the chain food premises;

proprietor of a chain supermarket means—

(a)the person carrying on a supermarket business at the chain supermarket; or

(b)if the person referred to in paragraph (a) cannot be identified, the person in charge of the chain supermarket;

ready-to-eat food means food that is for sale in a state in which it is ordinarily consumed;

standard food item has the meaning given in section 18C;

supermarket business means a food business which involves the sale of all of the following items of food—

(a)bread;

(b)breakfast cereal;

(c)butter;

(d)eggs;

(e)flour;

(f)fresh fruit;

(g)fresh milk;

(h)fresh vegetables;

(i)meat;

(j)rice;

(k)sugar;

(l)food (other than any item of food that is referred to in any preceding paragraph in this definition) that is in a package;

supermarket premises means a food premises at which a supermarket business operates, other than those parts of the food premises that are a chain food premises.

18AWhat is a chain food premises?

(1)In this Part—

chain food premises means a food premises (other than a supermarket premises) at which a food business—

(a)sells at least one standard food item; and

(b)operates as part of a chain of food businesses.

(2)For the purposes of this section, a food business operates as part of a chain of food businesses if—

(a)the chain of food businesses comprises of at least—

(i)20 food premises in Victoria; or

(ii)50 food premises in Australia, including at least one in Victoria; and

(b)at least 2 food premises referred to in paragraph (a) sell the same standard food item; and

(c)the food businesses which comprise the chain—

(i)operate under franchise arrangements with a parent business; or

(ii)operate under the same trading name or brand or trade mark; or

(iii)are under common ownership or control.

18BWhat is a chain supermarket?

(1)In this Part—

chain supermarket means a supermarket premises—

(a)at which a supermarket business—

(i)sells at least one standard food item; and

(ii)operates as part of a chain of supermarket businesses; and

(b)with a floor area of over 1000 square metres.

(2)For the purposes of subsection (1), a supermarket business operates as part of a chain of supermarket businesses if—

(a)the chain of supermarket businesses comprises of at least—

(i)20 supermarket premises in Victoria; or

(ii)50 supermarket premises in Australia, including at least one in Victoria; and

(b)at least 2 supermarket premises referred to in paragraph (a) sell the same standard food item; and

(c)the supermarket businesses which comprise the chain—

(i)operate under franchise arrangements with a parent business; or

(ii)operate under the same trading name or brand or trade mark; or

(iii)are under common ownership or control.

18CWhat is a standard food item?

(1)In this Part—

standard food item means an item of ready-to-eat food that is standardised for size and content and is for sale at—

(a)at least 2 chain food premises, each operated by a food business operating in the same chain of food businesses; or

(b)at least 2 chain supermarkets, each operated by a supermarket business operating in the same chain of supermarket businesses.

(2)Despite subsection (1), standard food item does not include—

(a)nuts in the shell or raw fruit or vegetables that are usually washed or peeled or hulled by the consumer; or

(b)an alcoholic beverage; or

(c)food that is available for sale in a package on which there is a nutrition information panel within the meaning of the Food Standards Code; or

(d)a food item (which would otherwise be included in the definition of standard food item) that—

(i)is available for sale at a chain food premises or chain supermarket for a period of not more than 60 days; and

(ii)is available for sale in Victoria at—

(A)not more than 5 chain food premises, each operated by a food business operating as part of the same chain of food businesses; or

(B)not more than 5 chain supermarkets, each operated by a supermarket business operating as part of the same chain of supermarket businesses; and

(iii)was not available for sale before the period referred to in subparagraph (i) at any chain food premises or chain supermarket referred to in subparagraph (ii), as the case may be; or

(e)food that is prescribed as an exempt food item.

(3)If a number of standard food items are shown or displayed for sale as a combination, the combination is taken to be a single standard food item for the purposes of this Part.

(4)If a standard food item is shown or displayed for sale in different standard sizes such as small, medium or large, each standard size of the item of food is taken to be a separate 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

(1)The proprietor of a chain food premises must, in accordance with section 18E, display—

(a)the following statement—

"The average adult daily energy intake is 8 700 kJ."; and

(b)in relation to each standard food item sold at the chain food premises, the average energy content of the standard food item.

Penalty:20 penalty units in the case of an individual;

100 penalty units in the case of a corporation.

(2)The average energy content of a standard food item is to be determined in accordance with Standard 1.2.8 of the Food Standards Code, rounded to the nearest 10 kilojoules.

(3)In any proceedings for an offence under this section, it is no defence that the proprietor of the chain food premises had a mistaken but reasonable belief as to the facts that constituted the offence.

(4)Despite anything to the contrary in subsection (3), in any proceedings for an offence under this section, it is a defence if it is proved that the proprietor of the chain food premises exercised all due diligence to prevent the commission of the offence by the proprietor or by a person under the proprietor's control.

18EChain food premises—manner and location of display of kilojoule information

(1)The statement required by section 18D(1)(a) must—

(a)be clearly legible; and

(b)if a standard food item is on display in or on a display cabinet, stand or area and a food label is attached to, or closely associated with, the standard food item—

(i)be in a prominent place in or on that display cabinet, stand or area; and

(ii)be in at least the same font size as the largest font size used on the food label; and

(c)if a standard food item is listed or otherwise depicted on a menu, be displayed at least once in a prominent place on the menu in at least the same font size as the largest font size used on the menu for—

(i)the name of a standard food item; or

(ii)if no name is displayed, the price of a standard food item.

(2)The average energy content of a standard food item required by section 18D(1)(b) must—

(a)be clearly legible; and

(b)be expressed in numerals followed by the abbreviation "kJ"; and

(c)if a food label is attached to, or closely associated with, the standard food item, be displayed on the food label in at least the same font size as the largest font size used on the food label for—

(i)the price of the standard food item; or

(ii)if no price is displayed, the name of the standard food item; and

(d)if the standard food item is listed or otherwise depicted on a menu—

(i)be adjacent to the standard food item on the menu; and

(ii)be in at least the same font size as the largest font size used on the menu for—

(A)the price of the standard food item; or

(B)if no price is displayed, the name of the standard food item.

Division 3—Requirement for proprietor of chain supermarket to display kilojoule labelling

18FRequirement for proprietor of chain supermarket to display kilojoule information

(1)The proprietor of a chain supermarket must, in accordance with section 18G, display—

(a)the following statement—

"The average adult daily energy intake is 8 700 kJ."; and

(b)in relation to each standard food item sold at the chain supermarket, the average energy content of the standard food item or of 100 g of the standard food item.

Penalty:20 penalty units in the case of an individual;

100 penalty units in the case of a corporation.

(2)The average energy content of a standard food item or 100 g of a standard food item is to be determined in accordance with Standard 1.2.8 of the Food Standards Code, rounded to the nearest 10 kilojoules.

(3)In any proceedings for an offence under this section, it is no defence that the proprietor of the chain supermarket had a mistaken but reasonable belief as to the facts that constituted the offence.

(4)Despite anything to the contrary in subsection (3), in any proceedings for an offence under this section, it is a defence if it is proved that the proprietor of the chain supermarket exercised all due diligence to prevent the commission of the offence by the proprietor or by a person under the proprietor's control.

18GChain supermarket—manner and location of display of kilojoule information

(1)The statement required by section 18F(1)(a) must—

(a)be clearly legible; and

(b)if a standard food item is on display in or on a display cabinet, stand or area and a food label is attached to, or closely associated with, the standard food item—

(i)be in a prominent place in or on that display cabinet, stand or area; and

(ii)be in at least the same font size as the largest font size used on the food label; and

(c)if a standard food item is listed or otherwise depicted on a menu, be displayed at least once in a prominent place on the menu in at least the same font size as the largest font size used on the menu for—

(i)the name of the standard food item; or

(ii)if no name is displayed, the price of the standard food item.

(2)The average energy content of a standard food item required by section 18F(1)(b) must—

(a)be clearly legible; and

(b)be expressed in numerals followed by the abbreviation "kJ"; and

(c)if a food label is attached to, or closely associated with, the standard food item, be displayed on the food label in at least the same font size as the font size used on the food label for the price or unit price of the standard food item; and

(d)if the standard food item is listed or otherwise depicted on a menu—

(i)be adjacent to the standard food item on the menu; and

(ii)be in at least the same font size as the font size used on the menu for the price or unit price of the standard food item.

Division 4—Exemptions

18HExemptions

Sections 18D(1) and 18F(1) do not apply in relation to standard food items sold—

(a)by a food business operated by the same business operating the cinema at which the food business is located; or

(B)the payment of any fees;

(zc)prescribing industry-standard certification and audit schemes for the purposes of primary production and processing standards referred to in paragraph (zb).

(1A)In the case of fees and charges, the regulations may provide for any or all of the following—

(a)specific fees or charges;

(b)maximum fees or charges;

(c)differential fees or charges;

(d)fees or charges to be fixed and collected by the Secretary DEECA, including acting in his or her capacity as a declared authority, for services provided for or in connection with the administration of, or for carrying out his or her functions under, this Act, the regulations or the Food Standards Code.

(1B)The Secretary DEECA, including acting in his or her capacity as a declared authority, must cause details of fees or charges fixed under subsection (1A)(d) to be published in the Government Gazette.

(2)Any regulation made under this Act may—

(a)be made so as to be limited in respect of time, place or circumstances having regard to the conditions existing in any area in which the regulation is to have effect;

(b)leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by any government department, council or public authority or by any officer or member of staff of such department, council or authority;

(c)confer powers or impose duties in connexion with the regulations on any government department, council or public authority or on any officer or member of staff of such department, council or authority or on owners or occupiers of premises or other places or on owners or operators of vehicles or on any persons whomsoever;

(d)incorporate or adopt by reference the provisions of any document (including any code, standard, rule, specification or method) formulated, issued, prescribed or published by any authority or body whether—

(i)wholly or partially or as amended by the regulation; and

(ii)as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; and

(e)impose a penalty of not more than 10 penalty units for any contravention of or failure to comply with the regulation.

*                *                *                *                *

(4)Where any form is prescribed by a regulation made under this Act, any form in or to the like effect of the prescribed form shall be sufficient in law.

(5)The Secretary DH or the Secretary DEECA (including acting in his or her capacity as a declared authority) may cause to be published codes of practice in connexion with matters and things that may be made the subject of regulations for the purpose of giving advice and guidance to persons responsible for compliance with those regulations and may alter, amend, modify or vary those codes.

(6)Except—

(a)in a case of emergency or sudden necessity (of the existence of which emergency or necessity the Secretary shall be the sole judge); or

(b)in the case of regulations to be made under paragraph (a), (b), (c), (d), (e), (f), (g), (k), (m) or (q) of subsection (1)—

where any proposed regulations affect or are likely to affect any municipality copies thereof shall be sent to every such municipality at least six weeks before the making of the regulations.

(7)Regulations made under this Act shall be subject to disallowance by Parliament.

63APrescribed food standards

(1)In this section—

Authority has the same meaning as in the Commonwealth Act;

Commonwealth Act means the Food Standards Australia New Zealand Act 1991 of the Commonwealth as amended and in force for the time being and includes an Act passed in substitution for that Act;

Food Standards Code has the same meaning as Australia New Zealand Food Standards Code has in the Commonwealth Act;

gazetted means published in the Commonwealth of Australia Gazette.

(2)For the purposes of this Act a prescribed food standard is—

(a)a standard gazetted by the Authority under the Commonwealth Act; or

(b)a standard contained in the Food Standards Code.

(3)A prescribed food standard—

(a)has effect as amended, varied or partly superseded by a standard or variation of a standard gazetted under the Commonwealth Act; and

(b)ceases to have effect if revoked or wholly superseded by a standard or variation of a standard gazetted under the Commonwealth Act.

(4)A standard or variation of a standard gazetted under the Commonwealth Act has effect—

(a)on the date specified for that purpose in the gazette; or

(b)if no date is so specified, on the date of gazettal.

(5)An amendment of the standards contained in the Food Standards Code gazetted before the commencement of the Food (Amendment) Act 1991 and not incorporated or adopted by reference by the Food Standards Regulations 1987 before that commencement has effect in Victoria from that commencement or the later effective date specified in the gazette.

63BLimitation on power to make local laws

(1)A council must not make a local law under the Local Government Act 2020 for or with respect to—

(a)food safety; or

(b)any matter or thing for or with respect to which—

(i)regulations made under this Act are in force; or

(ii)regulations could be made under this Act; or

(iii)the Food Standards Code has effect.

(2)A local law (whether made before or after the commencement of the Food (Amendment) Act 1995) is of no effect to the extent that it makes provision for or with respect to any matter or thing referred to in subsection (1).

PART XII—TRANSITIONAL PROVISIONS FOR FOOD (AMENDMENT) ACT 2001

63CExisting orders to continue

An order made under section 44 or 44A that was in force immediately before the commencement of section 27 of the Food (Amendment) Act 2001 continues to have effect as if it had been made under Part VII as in force after that commencement until it is revoked.

63DExtended application of Division 3 of Part IIIA

(1)The proprietor of a food premises to which this section applies may elect to have Division 3 of Part IIIB apply to the premises rather than Division 3A of that Part.

(2)This section applies to any food premises—

(a)that is of a class declared by the Secretary, by notice published in the Government Gazette, to be a class of premises to which this section applies; and

(b)in respect of which the registration authority had, before 1 January 2002, satisfied itself that the food safety program was adequate.

(3)An election under subsection (1)—

(a)must be made by written notice; and

(b)must be given to the registration authority before 1 January 2002.

(4)A notice of election made in accordance with this section is to be given effect according to its tenor, regardless of anything to the contrary in Part IIIB.

(5)The proprietor of a premises may, by written notice given to the registration authority, withdraw an election at any time, but Division 3 of Part IIIB will continue to apply to the premises until the registration of the premises is next renewed or transferred, whichever occurs first.

(6)An election under this section ceases to have any effect on 1 January 2004.

(7)Despite subsection (6), Division 3 of Part IIIB continues to apply to a premises in respect of which an election under this section was in effect on 1 January 2004 until the registration of the premises is next renewed or transferred, whichever occurs first.

PART XIII—TRANSITIONAL AND SAVINGS PROVISIONS FOR PART 2 OF THE
FOOD AMENDMENT (REGULATION REFORM) ACT 2009

64Definitions

In this Part—

commencement date, unless stated otherwise, means the date section 13 of the Food Amendment (Regulation Reform) Act 2009 comes into operation;

unamended Act means this Act as in force immediately before the commencement date.

65Minimum record keeping

(1)This section applies if immediately before the commencement date, a food premises meets the requirements under section 19E of the unamended Act relating to a food safety program.

(2)While the food premises continues to meet the requirements under section 19E of the unamended Act and until the registration of the premises is renewed, the proprietor of the food premises is taken to meet any requirement under section 19CB to keep minimum records.

66Food safety program templates

A food safety program template registered by the Secretary under section 19DB of the unamended Act is taken to be registered under section 19DB.

67Inspections

(1)If the registration of a food premises under Part VI is renewed after the commencement date, any inspection of the premises under section 19HA or 39(1)(a) of the unamended Act conducted within 12 months before the renewal is taken to be an assessment conducted under Part IIIB.

(2)A notice given to the proprietor of a food premises under section 19HB(1) of the unamended Act is taken to have been given under section 19IA(2).

68Audits

(1)A food safety program audit conducted for the purposes of Part IIIB of the unamended Act is taken to be a food safety audit conducted for the purposes of Part IIIB.

(2)A certificate issued under section 19L of the unamended Act is taken to have been issued under section 19L.

(3)A certificate issued under section 19M of the unamended Act is taken to have been issued under section 19M.

(4)An advice given to the proprietor of a food premises under section 19M(1) of the unamended Act is taken to have been given under section 19M(2).

(5)A notice given to the registration authority by an auditor under section 19M of the unamended Act is taken to have given under section 19N.

69Food safety auditors

(1)A certificate issued under section 19P of the unamended Act is taken to have been issued under section 19P.

(2)A reference in section 19T(1)(b) to a requirement imposed by this Act includes any requirement imposed on a food safety auditor by the unamended Act before the commencement date.

70Registration and notification of food premises

A food premises that, immediately before the commencement date, is registered under Part VI of the unamended Act is taken to be registered under Part VI.

71Grounds for revocation or suspension of registration or direction by the Secretary

If, immediately before the commencement date, a ground for the revocation or suspension of the premises exists under Part IIIB or section 40D of the unamended Act and the matter giving rise to that ground has not been dealt with under the unamended Act—

(a)the registration authority may revoke or suspend of the registration of the food premises under Part IIIB or section 40D; or

(b)the Secretary may give a direction under section 40E in relation to the matter.

72Food (Forms and Registration) Regulations 2005

Regulation 10 of the Food (Forms and Registration) Regulations 2005 applies to section 43(1) as if a reference in that regulation to a register book were a reference to the records required to be kept under section 43.

73Register of convictions

The Secretary must include in the register of convictions under section 53D a conviction for an offence committed before the date section 27 of the Food Amendment (Regulation Reform) Act 2009 comes into operation if the conviction for the offence is recorded after that date.

74First declaration under section 19C

Despite section 19C(4), the first declaration made by the Secretary under section 19C—

(a)does not require a notice of intention under section 19CA; and

(b)takes effect on the date specified in the notice under section 19C.

75Declarations made and exemptions granted before commencement

(1)On the commencement date, the following cease to have effect—

(a)any declaration made under section 19C as in force immediately before that date;

(b)any exemption granted under section 19V as in force immediately before that date.

(2)An exemption granted under section 38(3) as in force immediately before the commencement date remains in force for 4 months after that date unless sooner revoked under section 38(4).

76Transitional regulations

The Governor in Council may make regulations containing provisions of a saving or transitional nature consequent on the enactment of the Food Amendment (Regulation Reform) Act 2009.

PART XIV—TRANSITIONAL AND SAVINGS PROVISIONS FOR PART 4 OF
FOOD AMENDMENT (REGULATION REFORM) ACT 2009

77Definitions

In this Part—

commencement date means the date Part 4 of the Food Amendment (Regulation Reform) Act 2009 comes into operation;

unamended Act means this Act as in force immediately before the commencement date.

78Temporary food premises, mobile food premises or food vending machine currently registered

(1)This section applies if immediately before the commencement date, a temporary food premises, mobile food premises or food vending machine is registered under Part VI of the unamended Act.

(2)Until that registration expires, the temporary food premises, mobile food premises or food vending machine is taken to be registered under Division 4 of Part VI.

79Temporary food premises, mobile food premises or food vending machine for which notification has been given

(1)This section applies if immediately before the commencement date, the operation of a temporary food premises, mobile food premises or food vending machine has been notified under Part VI of the unamended Act.

(2)Notification of the operation of the temporary food premises, mobile food premises or food vending machine is taken to have been given under Division 4 of Part VI.

PART XV—TRANSITIONAL AND SAVINGS PROVISIONS

80Transitional provision—Primary Industries and Food Legislation Amendment Act 2012

Section 56, as amended by section 66 of the Primary Industries and Food Legislation Amendment Act 2012, applies only to acts or omissions of persons to whom section 56 applies that are the subject of proceedings commenced on or after the commencement of section 66.

81Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013

(1)For the avoidance of doubt, section 51A applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 23 of the Statute Law Amendment (Directors' Liability) Act 2013.

(2)For the avoidance of doubt, section 51B applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 23 of the Statute Law Amendment (Directors' Liability) Act 2013.

(3)This section does not limit section 14 of the Interpretation of Legislation Act 1984.

82Transitional provision—Food Amendment Act 2020

(1)In this section—

amending Act means the Food Amendment Act 2020.

(2)If, immediately before the commencement of section 29 of the amending Act, an application to transfer the registration of a food premises has not been determined, on and after the commencement of section 29 of the amending Act, that application—

(a)is taken to be an application for registration made under section 38A of the Act as amended; and

(b)must be determined in accordance with the Act as amended by the amending Act.

SCHEDULES

SCHEDULE 1—INFRINGEMENTS

Section 56A

Column 1 Item	Column 2 Offence	Column 3 Penalty	Column 4 Summary of offence
1	An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 3.2.2 of the Food Standards Code— 5(2)(a), 5(2)(b), 6(1)(a), 6(2), 7(1)(b), 7(2), 8(1), 8(2)(b), 8(2)(c), 8(4), 8(5)(a), 8(5)(b), 10(b), 10(c), 11(3), 11(4), 12, 16(3), 17, 19, 20(1), 21(2), 22(a), 23(b)(ii), 24(1)(a)	5 penalty units for a natural person; 10 penalty units for a body corporate	Failure to comply with requirement of Food Standards Code relating to food safety practices or general requirements

Column 1 Item	Column 2 Offence		Column 3 Penalty	Column 4 Summary of offence
2	An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 3.2.3 of the Food Standards Code— 4(2), 5(a), 6(a), 6(b), 10(2)(a), 10(2)(b), 10(2)(c), 11(4)(a), 12(2)(b), 12(2)(c), 12(3), 12(4), 13, 14, 15(2)		5 penalty units for a natural person; 10 penalty units for a body corporate	Failure to comply with requirement of Food Standards Code relating to food premises or equipment
2A	An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 4.2.5 of the Food Standards Code— 3(1), 3(2), 3(3), 5, 6(1), 6(2), 10(1), 10(2), 10(4), 11(1), 13(1), 13(2), 13(3), 14(a), 16, 18(1), 18(2), 20(1), 20(2), 20(3), 21	5 penalty units for a natural person; 10 penalty units for a body corporate		Failure to comply with requirement of Food Standards Code (Primary Production and Processing Standard for Eggs and Egg Product) relating to food safety practices or general requirements
2B	An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 4.2.6 of the Food Standards Code— 5, 9	5 penalty units for a natural person; 10 penalty units for a body corporate		Failure to comply with requirement of Food Standards Code (Production and Processing Standard for Seed Sprouts) relating to food safety practices or general requirements
2C	An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 4.2.7 of the Food Standards Code— 5, 10	5 penalty units for a natural person; 10 penalty units for a body corporate		Failure to comply with requirement of Food Standards Code (Primary Production and Processing Standard for Berries) relating to food safety practices or general requirements
2D	An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 4.2.8 of the Food Standards Code— 4, 5, 8, 9(1), 9(2), 10, 11, 12, 14, 15	5 penalty units for a natural person; 10 penalty units for a body corporate		Failure to comply with requirement of Food Standards Code (Primary Production and Processing Standard for Leafy Vegetables) relating to food safety practices or general requirements
2E	An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 4.2.9 of the Food Standards Code— 4, 5, 8, 9(1), 9(2), 10, 11, 12, 14, 15	5 penalty units for a natural person; 10 penalty units for a body corporate		Failure to comply with requirement of Food Standards Code (Production and Processing Standard for Melons) relating to food safety practices or general requirements
3	An offence against section 17	2 penalty units for a natural person; 3 penalty units for a body corporate		Failure by proprietor to display name on food premises
3A	An offence against section 18D(1)	2 penalty units for a natural person; 4 penalty units for a body corporate		Chain food premises—failure to display kilojoule information
3B	An offence against section 18F(1)	2 penalty units for a natural person; 4 penalty units for a body corporate		Chain supermarket—failure to display kilojoule information
4	An offence against section 19CB(6)	2 penalty units for a natural person; 3 penalty units for a body corporate		Failure to keep minimum records at premises
5	An offence against section 19F	2 penalty units for a natural person; 3 penalty units for a body corporate		Failure to keep food safety program at premises
6	An offence against section 19GB	2 penalty units for a natural person; 3 penalty units for a body corporate		Failure to give name and qualifications of food safety supervisor when requested
7	An offence against section 35A(1)	5 penalty units for a natural person; 10 penalty units for a body corporate		Operate from a food premises which is not registered
8	An offence against section 35A(2)	5 penalty units for a natural person; 10 penalty units for a body corporate		Operate from a food premises exempt from requirement to be registered for which notification has not been given
9	An offence against section 43I(1)	2 penalty units for a natural person; 4 penalty units for a body corporate		Failure to lodge a statement of trade

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Food Act 1984 was assented to on 15 May 1984 and came into operation (except sections 31(b), 50(5)) on 1 January 1986: Government Gazette 6 November 1985 page 4213.  Sections 31(b) and 50(5) were never proclaimed, repealed by No. 11/1995 section 3(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Food Act 1984 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Health (Amendment) Act 1985, No. 10262/1985

Assent Date:	10.12.85
Commencement Date:	S. 4(Sch.) on 1.3.86: Government Gazette 26.2.86 p. 451
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Courts Amendment Act 1986, No. 16/1986

Assent Date:	22.4.86
Commencement Date:	S. 30(Sch.) on 1.7.86: Government Gazette 25.6.86 p. 2180
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Food (Amendment) Act 1986, No. 95/1986

Assent Date:	16.12.86
Commencement Date:	16.12.86
CurrentState:	All of Act in operation

Liquor Control Act 1987, No. 97/1987

Assent Date:	1.12.87
Commencement Date:	S. 179 on 3.5.88: Government Gazette 27.4.88 p. 1044
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Local Government (Consequential Provisions) Act 1989, No. 12/1989 (as amended by No. 13/1990)

Assent Date:	9.5.89
Commencement Date:	S. 4(1)(Sch. 2 items 47.2, 47.7–47.9, 47.11) on 1.11.89: Government Gazette 1.11.89 p. 2798; Sch. 2 items 47.1, 47.3–47.6 on 3.6.92: Government Gazette 3.6.92 p. 1306; Sch. 2 item 47.10 on 1.10.92: Government Gazette 23.9.92 p. 2789
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 (as amended by No. 34/1990)

Assent Date:	14.6.89
Commencement Date:	S. 3(Sch. items 79.1–79.11) on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Food (Valuation) Act 1990, No. 26/1990

Assent Date:	5.6.90
Commencement Date:	5.6.90
CurrentState:	All of Act in operation

Interpretation of Legislation (Amendment) Act 1991, No. 6/1991

Assent Date:	16.4.91
Commencement Date:	16.4.91
CurrentState:	All of Act in operation

Food (Amendment) Act 1991, No. 36/1991

Assent Date:	18.6.91
Commencement Date:	19.8.91—same day as the National Food Authority Act 1991 of the Commonwealth—see Commonwealth Special Gazette (No. 219) of 8.8.91
CurrentState:	All of Act in operation

Dairy Industry Act 1992, No. 88/1992

Assent Date:	26.11.92
Commencement Date:	24.12.92: Special Gazette (No. 70) 24.12.92 p. 1
CurrentState:	All of Act in operation

Meat Industry Act 1993, No. 40/1993

Assent Date:	1.6.93
Commencement Date:	S. 82, Sch. 2 item 4.1 on 30.6.93: Government Gazette 24.6.93 p. 1596
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Health and Community Services (General Amendment) Act 1993, No. 42/1993

Assent Date:	1.6.93
Commencement Date:	S. 64 on 1.10.93: Government Gazette 16.9.93 p. 2548
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993

Assent Date:	7.12.93
Commencement Date:	S. 20(5) on 7.12.93: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Food (Amendment) Act 1994, No. 13/1994

Assent Date:	3.5.94
Commencement Date:	3.5.94
CurrentState:	All of Act in operation

Medical Practice Act 1994, No. 23/1994

Assent Date:	17.5.94
Commencement Date:	S. 118(Sch. 1 item 21) on 1.7.94: Government Gazette 23.6.94 p. 1672
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Therapeutic Goods (Victoria) Act 1994, No. 79/1994

Assent Date:	22.11.94
Commencement Date:	S. 74 on 22.5.95: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Statute Law Revision Act 1995, No. 11/1995

Assent Date:	26.4.95
Commencement Date:	26.4.95: s. 2
CurrentState:	All of Act in operation

Food (Amendment) Act 1995, No. 20/1995

Assent Date:	16.5.95
Commencement Date:	16.5.95
CurrentState:	All of Act in operation

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 item 33) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996

Assent Date:	12.12.96
Commencement Date:	S. 10(Sch. 2 item 7) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Food (Amendment) Act 1997, No. 98/1997

Assent Date:	16.12.97
Commencement Date:	Ss 3–8, 11–18 on 16.12.97: s. 2(1); ss 9, 10 on 8.2.98: Government Gazette 5.2.98 p. 282; ss 32, 33 on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Water Acts (Further Amendment) Act 1997, No. 110/1997

Assent Date:	23.12.97
Commencement Date:	S. 41 on 1.1.98: Government Gazette 24.12.97 p. 3783
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 51) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Food (Amendment) Act 2001, No. 14/2001 (as amended by 44/2001)

Assent Date:	22.5.01
Commencement Date:	Ss 1, 2 on 23.5.01: s. 2(1); rest of Act on 1.1.02: s. 2(3)
CurrentState:	All of Act in operation

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 47) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002, No. 49/2002

Assent Date:	22.10.02
Commencement Date:	S. 13 on 23.10.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Seafood Safety Act 2003, No. 24/2003

Assent Date:	13.5.03
Commencement Date:	S. 91 on 1.7.03: Government Gazette 26.6.03 p. 1548; s. 92 on 1.1.04: Government Gazette 13.11.03 p. 2840
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Safe Drinking Water Act 2003, No. 46/2003

Assent Date:	11.6.03
Commencement Date:	S. 58 on 1.7.04: s. 2
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 81) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Statute Law Revision Act 2005, No. 10/2005

Assent Date:	27.4.05
Commencement Date:	S. 3(Sch. 1 item 8) on 28.4.05: s. 2
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Health Professions Registration Act 2005, No. 97/2005

Assent Date:	7.12.05
Commencement Date:	S. 182(Sch. 4 item 21) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 42) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Public Health and Wellbeing Act 2008, No. 46/2008 (as amended by No. 29/2011)

Assent Date:	2.9.08
Commencement Date:	Ss 254, 255 on 1.1.09: Special Gazette (No. 365) 12.12.08 p. 1; ss 251–253, 256–261 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Food Amendment (Regulation Reform) Act 2009, No. 42/2009 (as amended by No. 69/2009)

Assent Date:	5.8.09
Commencement Date:	Ss 3–33 on 1.7.10: s. 2(5); ss 34–42 on 1.3.11: s. 2(6); ss 43–57 on 1.7.11: s. 2(7)
CurrentState:	All of Act in operation

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09.
Commencement Date:	S. 97(Sch. item 59) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09.
Commencement Date:	S. 54(Sch. Pt 1 item 24) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 24) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:	8.6.10
Commencement Date:	S. 56 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 40) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Victorian Commission for Gambling and Liquor Regulation Act 2011, No. 58/2011

Assent Date:	2.11.11
Commencement Date:	S. 104(Sch. item 2) on 6.2.12: Special Gazette (No. 423) 21.12.11 p. 4
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 19) on 28.6.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Primary Industries and Food Legislation Amendment Act 2012, No. 60/2012

Assent Date:	23.10.12
Commencement Date:	Ss 47–70, 72(3)–(6) on 24.10.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Statute Law Amendment (Directors' Liability) Act 2013, No. 13/2013

Assent Date:	13.3.13
Commencement Date:	Ss 22–25 on 14.3.13: s. 2
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 66) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Food Act 1984

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 19) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Food Act 1984

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:	16.6.15
Commencement Date:	S. 56(Sch. 1 item 6) on 17.6.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Food Act 1984

Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017, No. 2/2017

Assent Date:	14.2.17
Commencement Date:	Ss 13–16 on 15.2.17: s. 2(1); ss 4–12 on 1.5.18: Special Gazette (No. 111) 4.4.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:	16.5.17
Commencement Date:	S. 134(Sch. 1 item 9) on 1.9.17: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 43.1) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 43.2) on 24.10.20: s. 2(3)(f); s. 390(Sch. 1 item 43.3) on 1.7.21: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Food Amendment Act 2020, No. 38/2020

Assent Date:	1.12.20
Commencement Date:	Ss 3−52 on 1.7.21: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Agriculture Legislation Amendment Act 2022, No. 22/2022

Assent Date:	15.6.22
Commencement Date:	S. 206 on 1.1.23: Special Gazette (No. 506) 27.9.22 p. 1
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Casino and Liquor Legislation Amendment Act 2022, No. 26/2022

Assent Date:	28.6.22
Commencement Date:	S. 56 on 1.7.22: Special Gazette (No. 336) 30.6.22 p. 1
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023

Assent Date:	5.9.23
Commencement Date:	S. 7(Sch. 1 item 14) on 6.9.23: s. 2
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

Regulatory Legislation Amendment (Reform) Act 2024, No. 6/2024

Assent Date:	5.3.24
Commencement Date:	Ss 31−35 on 6.3.24: s. 2(1)
Current State:	This information relates only to the provision/s amending the Food Act 1984

Agriculture and Food Safety Legislation Amendment Act 2024, No. 44/2024

Assent Date:	19.11.24
Commencement Date:	Ss 8–25 on 17.4.25: Special Gazette (No. 182) 15.4.25 p. 1
CurrentState:	This information relates only to the provision/s amending the Food Act 1984

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 4(1):

S. 4(1) amended by Nos 10262 s. 4, 95/1986 s. 5, 12/1989 s. 4(1)(Sch. 2 items 47.1, 47.2) (as amended by No. 13/1990 s. 38(1)(o)(p)), 36/1991 s. 4(a)(b), 88/1992 s. 86, 42/1993 s. 64(b), 125/1993 s. 20(5)(a), 13/1994 s. 4, 23/1994 s. 118(Sch. 1 item 21.1), 79/1994 s. 74, 20/1995 s. 5, 98/1997 ss 3, 16(a), 18(1)(a)(b), 110/1997 s. 41, 46/1998 s. 7(Sch. 1), 44/2001 s. 3(Sch. item 47), substituted by No. 14/2001 s. 4(1) (as amended by No. 44/2001 s. 3(Sch. item 48)).