Food Act 1989 Food (General) Regulation 1992 (1992-480) [GG No 105 of 28.8.1992] (NSW)
1992—No. 480
FOOD ACT 1989—REGULATION
(Food (General) Regulation 1992)
NEW SOUTH WALES
[Published in Gazette No. 105 of 28 August 1992]
HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Food Act 1989 and on the recommendation of the Food Advisory Committee, has been pleased to make the Regulation set forth hereunder.
RON PHILLIPS
Minister for Health.
PART 1—PRELIMINARY
Citation
1. This Regulation may be cited as the Food (General) Regulation
1992.
Commencement
2. This Regulation commences on 1 September 1992.
Repeal
3. (1) The Food Regulations 1937 are repealed.
(2) Any action taken under the Food Regulations 1937 is regarded as having been taken under this Regulation and any certificate or approval
given under those Regulations is regarded as having been given under
this Regulation.
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Definitions
4. (1) In this Regulation:
“Australian Standard” means a publication, including an AustralianInterim Standard, published by the Standards Association of Australia and recommended or adopted by that Association, as in force from time to time;
“British Standard” means a publication published by the British
Standards Institution and recommended or adopted by that
Institution, as in force from time to time;
“frozen food” means food that has been prepared by freezing and that is intended to be sold in a frozen state;
“the Act” means the Food Act 1989.
(2) In this Regulation, a reference to a form is a reference to a form set out in Schedule 1.
Effect of provisions that prohibit conduct
5. A provision of this Regulation that prohibits a person from doing
anything operates also to prohibit the person from causing or permitting that thing to be done, and a person who causes or permits such a thing to be done is guilty of an offence against that provision in the same way as if the person had done that thing.
PART 2—FOOD PREMISES AND VEHICLES
Division 1—Construction
Premises and vehicles in which food is handled for sale to comply with this Division
6. A person must not handle food for sale in any premises or vehicle if
the premises do not, or the vehicle does not, comply with the
requirements of this Division.
Maximum penalty: 25 penalty units.
General construction of premises
7. Any premises in which food is handled for sale must be
constructed:
(a)
so that food, equipment, appliances, fittings and packaging materials on the premises are protected from likely contamination; and
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(b) so as to permit the premises to be easily cleaned.
Construction of walls etc. of premises
8. The walls and ceilings of any premises in which food is handled for
sale must be properly constructed of a rigid smooth-faced impervious
material and must be kept in good repair.
Construction of floors of premises
9. (1) The floors of any premises in which food is handled for sale
must be properly constructed of a rigid material and must be kept in good
repair.(2) Any floor onto which liquids are discharged must be made of impervious material, must have coving (with a minimum radius of 25 millimetres) at the intersection of the walls and floor and must have surfaces that are graded to floor trapped waste outlets connected to a drainage system.
Lighting of premises
10. (1) Any premises in which food is handled for sale must be
provided with adequate natural or artificial lighting.(2) Lighting is adequate if it complies with the following provisions of
Australian Standard AS 1680 “Interior Lighting”:
(a) Part 1: General principles and recommendations;
(b) Part 2.0: Recommendations for specific tasks and interiors.
Construction of vehicles
11. (1) Any vehicle in which food (other than pre-packed food, whole
fresh fruit or whole fresh vegetables) is handled for sale or sold:
(a) must have its driving section separated by a door from, and sealed off from, the part of the vehicle in which the food is handled for sale or sold; and (b) must have any of its fixtures, fittings and appliances that come into contact with food for sale constructed of suitable impervious
material that is able to be easily cleaned; and
(c) must be provided with a holding tank that can hold all waste water from the vehicle or must be connected to an appropriate waste
disposal system.
(2) The part of the vehicle in which food for s ale is handled or sold;
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(a)
must be fitted, equipped and maintained so as to protect the food from being contaminated by persons, dust, vermin, animals, fumes likely to be taken up by the food (either directly or indirectly), foul odours and other likely sources of contamination; and
(b) must be dustproof while the vehicle is moving; and
(c)
must have interior surfaces that are properly constructed of a rigid smooth-faced impervious material.
Wash basins for premises and vehicles
12. (1) Any premises or vehicle in which food is handled for sale must
be provided with a wash basin in or convenient to:
(a) each lavatory situated in the premises or vehicle; and
(b)
every part of the premises or vehicle in which hands are likely to be a source of contamination of food for sale.
(2) A wash basin provided in accordance with thls clause:
(a)
must be provided with an adequate supply of potable water at a temperature of at least 40°C mixed from a hot and cold water supply; and
(b)
must be supplied with soap or a suitable detergent and an adequate supply of single use towels or other suitable hand drying facilities, located adjacent to the hand basin; and
(c) must be connected to a drainage system; and
(d)
must be kept in a clean and sanitary condition and in good repair; and
(e) must not be used for any purpose other than washing hands.
Premises and vehicles where eating or drinking utensils use
13. (1) Any premises or vehicle in which eating or drinking utensils or
other utensils are used by customers must be provided with a dish
washing machine, a glass washing machine (if appropriate), a double
bowl sink or a tub containing 2 compartments.
(2) A double bowl sink or 2 compartment tub:
(a)
must have one bowl or compartment supplied with potable water at a temperature of at least 45°C and sufficient soap or detergent to wash utensils; and
(b) must have the other bowl or compartment supplied with potable
water at a temperature of at least 77°C for use for rinsing utensils.
(3) A thermometer, accurate to 1°C, is to be provided adjacent to the
sink or tub.
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(4) A dish washing machine:
(a)
must be connected to a water supply that provides potable water to the machine at a minimum temperature of 60°C; and
(b)
must be designed and equipped to automatically provide and maintain the following conditions during each cycle of operation:
• the temperature of the water in the wash tank is to be at
least 66°C but not more than 71°C;
• the minimum machine setting for the wash cycle time is to
be at least 60 seconds;
the temperature of the water in the rinse tank is to be atleast 82°C;
• the rinse cycle time is to be at least 10 seconds;
• the temperature of rinse water (measured at the outlet of
the rinse spray assembly) is to be at least 77°C; and
(c)
must be fitted with controls that prevent the machine from being operated unless:
• the temperature of the water in the wash tank is at least
66°C; and
• the temperature of the water in the rinse tank is at least
82°C; and
(d) must be able to completely wash eating utensils and drinking utensils in one operation; and (e) must be fitted with separate thermometers, that are legible to the operator and accurate to within 2"C, to indicate the temperature of the water in the wash tank and the rinse tank.
(5) Subclause (4) does not apply to a dish washing machine that cleans by chemical sanitising.
Fittings, fixtures etc. in premises and vehicles
14. Fixtures, fittings or appliances in any premises or vehicle must be
able to be easily cleaned and must be constructed so as not to be likely to
harbour vermin.
Division 2—Use
Certain premises not to be used to handle food for sale etc.
15. (1) A person must not handle food for sale or sell food:
(a) in a room which contains a bed or bedding or is used as a sleeping apartment; or
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(b) in premises in which an animal or bird is kept or allowed to be; or
(c)
in premises in which work that would or may contaminate or injuriously affect the wholesomeness, quality or purity of food is being or has been carried out; or
(d)
in premises in which there is a gully trap or untrapped opening connected directly to a drain or sewer; or
(e) in a lavatory or changeroom; or
(f)
in a room that opens onto a room containing a lavatory or changeroom; or
(g)
in premises in which second-hand clothing, footwear or printed material is received.
Maximum penalty: 25 penalty units.
(2) Subclause (1) (g) does not apply to a place where second-hand clothing is received:
(a)
if the clothing is received in a part of the place that is separate from the part in which food is handled for sale or sold; or
(b)
if the clothing is not handled by any person who handles or sells food; or
(c)
if food is packaged in sealed packages that do not come in contact with the clothing.
Animals etc. not to be kept on premises
16. A person must not take an animal or bird into, or allow an animal
or bird to enter or be in:
(a)
any premises that are used for the purpose of handling food for sale; or
(b)
that part of a vehicle as is used for the purpose of storing or conveying food for sale.
Maximum penalty: 25 penalty units.
Premises used to handle food for domestic use or consumption
17. A person must not handle food for sale in premises used to handle
food for domestic consumption unless:
(a) the food for domestic consumption and the premises; and
(b) the fittings, fixtures and appliances used in the premises in connection with handling the food for domestic consumption, comply with the Act and this Regulation.
Maximum penalty: 25 penalty units.
1992—No. 480
Use of vehicles
18. A person must not use any vehicle that is used for the purpose of storing or conveying food for sale for any purpose that may contaminate or injuriously affect the wholesomeness, quality or purity of the food.
Maximum penalty: 25 penalty units.
Division 3—Particular premises
Premises used for killing or dressing poultry
19. (1) A person must not use for any other purpose any premises that
are used for the purpose of killing or dressing poultry for sale for human
consumption.
Maximum penalty: 25 penalty units.
(2) In this clause:
“dressing” includes singeing, eviscerating and trussing;
“killing” includes plucking;
“poultry” includes fowls, ducks, geese, turkeys, pigeons,guineafowls, partridges, pheasants, quails and emus.
Premises used for bottling wine etc
20. (1) A person must not use for any other purpose any premises that
are used for the purpose of bottling wine, spirits, wine products or
liqueurs for sale.
Maximum penalty: 25 penalty units.
(2) This clause does not prevent a part of premises from being used for
another purpose if the part of the premises being used for the purpose of bottling wine, spirits, wine products or liqueurs for sale is completely enclosed within and separate from the rest of the premises.
PART 3—FOOD APPLIANCES
Appliances generally
21. A person who handles food for sale must not use an appliance
unless it is clean and is able to be easily cleaned and kept clean.
Maximum penalty: 25 penalty units.
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Use of broken utensils
22. A person must not use any chipped, broken or cracked eating or drinking utensil for the purpose of storing or delivering food for sale.
Maximum penalty: 25 penalty units.
Use of certain metals
23. (1) A person must not sell for use as a food container any article (other than ceramic ware, earthenware or pottery) if, when treated:
(a) with 2 per cent aqueous citric acid test solution; and
(b) for a period of 24 hours; and
(c) at a temperature of at least 20°C but not more than 25°C,
any edge or surface of the article that is likely to come into contact with food reacts in such a way that, at the end of the period, the test solution contains a metal specified in the Table to this clause in a concentration greater than that specified in relation to that metal.
Maximum penalty: 25 penalty units.
(2) In carrying out the test, only the edges and surfaces of the article
that are likely to come into contact with food are to be treated with the
test solution.
(3) A person must not sell for use as a food. container or appliance any ceramic ware, earthenware or pottery that does not comply with Parts 1 and 2 of British Standard BS 4860 “Permissible Limits of Metal Release from Glazed Ceramic Ware”.
Maximum penalty (subclause (3)): 25 penalty units.
TABLE
Metal Concentration antimony ........................................ 0.15 milligrams per litre
cadmium ........................................ 0.05 milligrams per litre
copper ........................................... 5.00 milligrams per litre
lead ............................................... 0.20 milligrams per litrezinc ............................................... 50.00 milligrams per litre
Use of certain other materials
24. A person must not use any paper, rag, bagging or other absorbent
material (for packing or for any other purpose) in the interior of any
appliance used in the preparation of food for sale.
Maximum penalty: 25 penalty units.
1992—No. 480
PART 4—FOOD HYGIENE
Personal cleanliness
25. (1) A person must not handle food for sale unless the person is clean and is wearing clean clothing.
Maximum penalty: 25 penalty units.
(2) A person who handles food for sale must thoroughly clean his or
her hands, by washing them with soap or detergent and potable water or
by means of some other suitable cleaning process:
(a) immediately before commencing or recommencing work; and
(b) immediately after visiting a lavatory; and(c) immediately after handling a handkerchief or nasal tissue.
Maximum penalty: 25 penalty units.
Spitting, smoking etc.
26. (1) A person must not:
(a) spit; or
(b) use, smoke or chew tobacco or any other similar substance,
while handling food for sale.
Maximum penalty: 25 penalty units.
(2) A person must not:
(a) urinate, defecate or spit; or
(b) use, smoke or chew tobacco or any other similar substance,
in a place used for the purpose of handling food for sale.
Maximum penalty: 25 penalty units.
(3) Subclause (2) (b) does not prohibit a person from using, smoking or chewing tobacco in a place used for the purpose of handling food for sale if the food kept in that place is enclosed in a hermetically sealed container.
(4) A person must not sit, walk, stand or lie on a food contact surface used for the purpose of handling food for sale.Maximum penalty (subclause (4)): 25 penalty units.
Contact with hands etc.
27. A person who handles food for sale:
(a) must not have any unnecessary human contact with the food; and
(b)
must not handle unwrapped confectionery or any sticky substance with his or her fingers, but must use a scoop or other suitable implement to do so; and
(c) must not handle with his or her fingers:
• unwrapped bacon, ham, cheese, manufactured meat or
cooked meats; or
• sandwich, bread roll or hamburger roll fillings; or
• any other food (other than bread or bread rolls or whole
fruit or whole vegetables) that is ordinarily consumed in
the same state as that in which it is sold,
but must use a fork or other suitable implement to do so; and
(d)
must not apply his or her fingers to his or her mouth, eye, ear, nose or scalp while handling the food; and
(e) must not use his or her breath to open a bag or wrapper; and
(f) must not wipe his or her hands on his or her clothing or by any other means than a clean towel; and (g) must not place, so that it can come into contact with the food, any ticket, label or other article which is unclean or liable to contaminate the food or which has been in contact with the person’s mouth; and (h) must not hold a utensil or other appliance used for eating, drinking or serving the food by any means other than a surface which does not ordinarily come into contact with the food; and (i) must not place a utensil or other appliance used for eating, drinking or serving food for sale in a pocket of the person’s clothing.
Maximum penalty: 25 penalty units.
Contact with mouth
28. (1) A person who prepares food for sale must not apply to his or her mouth any appliance used in the preparation of the food.
Maximum penalty: 25 penalty units.
(2) A person must not apply to his or her mouth a pencil or any other similar article and then use the pencil or article to mark food for sale.
Maximum penalty: 25 penalty units.
(3) A person must not apply his or her fingers to his or her mouth for the purpose of moistening food for sale before marking the food.
Maximum penalty: 25 penalty units.
(4) A person who bottles liquid foods for sale must not apply to his or
her mouth any tube, hose or other appliance used in the bottling of the
liquids.
Maximum penalty: 25 penalty units.
Bandages
29. A person who is weaning an unclean bandage or a medicated or
absorbent bandage must not handle food for sale unless the bandage is
protected and covered with a waterproof covering.
Maximum penalty: 25 penalty units.
Notifiable diseases etc.
30. A person who is suffering from:
(a)
a medical condition listed under Category 2, 3 or 4 of Schedule 1 to the Public Health Act 1991; or
(b) a skin eruption,
must not handle food for sale or any receptacle, package, utensil,
appliance, article or other thing used in the handling of the food.
Maximum penalty: 25 penalty units.
PART 5—PROTECTION OF FOOD AND APPLIANCES FROM
CONTAMINATION
Contamination generally
31. (1) A person must not handle food for sale, or display food for
sale, in such a manner as to cause the food to be contaminated or liable to
become contaminated.
Maximum penalty. 25 penalty units.
(2) A person who uses any premises or vehicle for the purpose of
handling food for sale must cause the premises or vehicle, the food, any appliances used in the preparation of the food and any utensils supplied for eating or drinking the food:
(a) to be kept clean and free from vermin and other likely sources of contamination; and (b) to be protected from contination by pepsons, dust, vermin, animals, fumes likely to be taken up by the food (either directly or
indirectly), foul odours and other likley sources of contamination. Maximum penalty: 25 penalty units.
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Cleaning of premises and vehicles
32. (1) A person who uses any premises or vehicle to handle food for
sale must cause all articles, fittings and appliances in the premises or
vehicle to be cleaned:
(a)
with soap or detergent and potable water at a temperature of at least 45°C; or
(b) by means of some other suitable cleaning process.
Maximum penalty: 25 penalty units.
(2) This clause does not apply to utensils that are required to be cleaned in accordance with clause 33.
Cleaning of utensils
33. (1) The person in charge of any premises or vehicle in which food is sold for consumption on the premises or vehicle must ensure that all eating and drinking utensils, and all utensils used to serve food for sale, are cleaned in accordance with this clause.
Maximum penalty: 25 penalty units.
(2) Utensils must (whether or not they are to be used again by the same person) be cleaned after each use and before they are used again.
(3) The utensils must be cleaned:
(a)
by washing them in a double bowl sink or 2 compartment tub (with soap or detergent) in potable water at a temperature of at least 45°C and by rinsing them (for at least 30 seconds) in potable water at a temperature of at least 77°C; or
(b)
by using a dish washing machine which chemically sanitises the utensils using rinse water containing at least 50 milligrams per kilogram of sodium hypochlorite throughout the rinse cycle at a rinse cycle temperature of at least 50°C; or
(c)
by using a dish washing machine that complies with clause 13 (4); or
(d) in the case of glasses only, by using a glass washing machine.
(4) Nothing in this clause:
(a) requires a drinking utensil used to serve a hot beverage to a person to be cleaned if it has been retained by the person since the last occasion on which it was used; or
(b) requires a utensil used to serve self-service food to be cleaned after each use and before service of the food is completed
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Boiler preservatives
34. (1) This clause applies to any boiler that is used to produce steam
that is brought into contact with food while the food is being
manufactured, prepared, preserved or packed.
(2) A person must not, in any boiler to which this clause applies:
(a) use any boiler preservative that contains arsenic or antimony or any compound of arsenic or antimony; or (b) use any boiler water treatment agent in the form of, or containing, an acrylamide-sodium acrylate resin: • having a concentration of more than 15 milligrams per kilogram of the water in the boiler at any particular time; or
• having an acrylamide monomer content of more than 0.05
per cent; or
(c)
use any boiler water treatment agent in the form of, or containing, sodium polyacrylate having a concentration of:
• more than 15 milligrams per kilogram of the water in the
boiler at any particular time; or
• in the case of steam prepared for sugar mill evaporators, more than 2.5 milligrams per kilogram of the water in the boiler at any particular time.
Maximum penalty: 25 penalty units.
Sale of unclean food
35. A person must not sell food that is not clean or sell or pack food
for sale in a package that is not clean.
Maximum penalty: 25 penalty units.
Self-service food
36. (1) A person must not sell self-service food unless it is protected
from contamination, by means of a suitable appliance, or is effectively
supervised.
Maximum penalty: 25 penalty units.
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(2) A person must not sell self-service food unless there is
conspicuously displayed on or adjacent to the self-service food appliance
a sign bearing the words:
CUSTOMER—USE ONLY THE SERVING
UTENSILS PROVIDED—IT IS AN OFFENCETO HANDLE FOOD WITH YOUR FINGERS
in standard type with a letter height of at least 10 millimetres.
Maximum penalty: 25 penalty units.
(3) A person must not sell self-service food unless there is conspicuously displayed in the premises a sign bearing the words:
NO SMOKING
in standard type with a letter height of at least 10 millimetres.
Maximum penalty: 25 penalty units.
(4) A person must not sell self-service food unless each appliance
containing the food is provided with a suitable utensil for the serving of
the food.
Maximum penalty: 25 penalty units.
(5) In this clause:
“self-service food” means food exposed for sale, being food:
(a) to which the public has access; and
(b)
that forms, or is intended to form, a meal or part of a meal, whether to be consumed on the premises in which it is exposed for sale or elsewhere;
Exposure of food for sale
37. (1) A person must not expose for sale on any counter, bar or floor
in any premises used for the handling of food for sale or store for sale on
any such premises:
(a) any opened oysters or cooked crustacean; or
(b)
any food (other than whole fruit or whole vegetables) that is ordinarily consumed in the same state as that in which it is sold,
unless it is enclosed or contained in a receptacle so constructed, or is so
wrapped, as to protect the food from likely contamination.
Maximurn penalty: 25 penalty units.
(2) This clause does not apply to self-service food within the meaning of clause 36.
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Wrapping etc. of food consumed in the state in which it is sold
38. (1) A person who uses any premises or vehicle for the purpose of handling food for sale (being food that is ordinarily consumed in the same state as that in which it is sold) must protect the food from likely contamination by enclosing it or containing it in an appropriate package until it is delivered to a purchaser.
Maximum penalty: 25 penalty units.
(2) A person must not deliver for sale to any customer or wrap for delivery for sale to any consumer:
(a) any meat or fish; or
(b)
any food that is ordinarily consumed in the same state as that in which it is sold,
unless the food is completely wrapped in clean unprinted paper or other
suitable material.
Maximum penalty: 25 penalty units.
(3) Subclause (2) does not apply to:
(a)
bread delivered to a customer at the customer’s place of residence in a clean basket covered with clean unprinted paper or clean washable material; or
(b)
food sold for immediate consumption on the premises in whch it is sold; or
(c) whole fruit and whole vegetables.
Handling etc. of food consumed in the state in which it is sold
39. (1) A person must not handle any food for sale that is ordinarily consumed in the same state as that in which it is sold in such a manner as to render it liable to be contaminated by contact with, or drip from, raw food or from any other substance.
Maximum penalty: 25 penalty units.
(2) A person must not handle or display for sale in any premises or vehicle any food that is ordinarily consumed in the same state as that in which it is sold unless the food is kept, stored or displayed in such a manner as to prevent the food:
(a) from becoming contaminated; and
(b)
from coming into contact with uncooked meat or uncooked fish. Maximum penalty: 25 penalty units.
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Exposure of meat and fish etc.
40. (1) A person:
| (a) must not expose any butcher’s meat, fish fillets or fish cutlets for handling of food for sale; and | sale on any counter, bar or floor in any premises used for the |
| (b) | must not store for sale in any such premises any butcher’s meat, fish fillets or fish cutlets, |
unless the meat or fish is enclosed or contained in a receptacle so constructed, or is so wrapped, as to protect the food from likely contamination.
Maximum penalty: 25 penalty units.
(2) In this clause:
“butcher’s meat” means fresh, chilled, frozen, salted or uncooked carcases or parts of carcases of cattle, calves, sheep, lambs, goats, deer or pigs, and includes sausages, sausage meat, edible offal, bones, fat and blood for human consumption, but does not include comminuted or minced bones or pre-packed meat.
Appliances used to process raw food
41. A person who uses an appliance for processing or preparing raw food must not subsequently use the appliance for processing or preparing for sale any food that is ordinarily consumed in the same state as that in which it is sold without first cleaning the appliance:
(a)
with soap or detergent and potable water at a temperature of at least 45°C; or
(b) by means of some other suitable cleaning process.
Maximum penalty: 25 penalty units.
Protection of food from animals etc.
42. A person must not display or store food for sale:
(a) less than 75 centimetres above the floor level of any premises; or
(b)
less than 75 centimetres above the ground level of a street or other open space,
unless the food is protected against pollution by animals and birds,
Maximum penalty: 25 penalty units.
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Protection of milk
43. (1) A person must not milk a cow, goat, sheep or other animal for
the purpose of obtaining milk or cream for sale unless, immediately
before milking, the udder and teats of the animal are clean.
Maximum penalty: 25 penalty units.
(2) A person who stores or conveys milk for sale from cows, goats, sheep or other animals in glass or plastic containers that are not opaque must ensure that the containers are protected from the direct rays of the sun.
Maximum penalty: 25 penalty units.
Protection of food from contamination with poison
44. A person must not keep, spread or use any preparation containing
a poison within the meaning of the Poisons Act 1966 so as to expose any
food for sale to risk of contamination by the poison.
MaximuM penalty: 25 penalty units.
Use of washing machines etc.
45. A person must not use any appliance which is used for washing
clothes : (a) for preparing food for sale; or
(b)
for cleaning packages or appliances used or intended to be used for containing food for sale.
Maximum penalty: 25 penalty units.
Bread trays etc.
46. A person must not deposit or store on any footpath, or in any
doorway, yard or other open space, any tray or other container used in
connection with the delivery for sale of:
(a) pies, cakes, pastry or bread; or
(b)
any other food that is ordinarily consumed in the same state as that in which it is sold,
whether or not the tray or container contains any food.
Maximum penalty: 25 penalty units.
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Printed matter
47. A person must not, in connection with the handling of food for
sale, use any paper containing writing or printed matter in such a manner
that the food comes into contact with the writing or printed matter.
Maximum penalty: 25 penalty units.
PART 6—PACKAGING AND LABELLING
Division 1—Packaging
Packaging generally
48. (1) A person must not package food in contravention of the provisions of this Division.
Maximum penalty: 25 penalty units.
(2) The provisions of this Division are prescribed for the purposes of section 12 of the Act and, accordingly, a person who sells food that is packed or enclosed in contravention of the requirements of this Division is guilty of an offence under that section.
Packages and packing materials to be clean etc.
49. The package or material in which food for sale is packed or enclosed:
(a) must be clean and free from foreign matter; and
(b) must not be chipped, broken or cracked; and
(c)
must be kept and stored until it is used in a manner that protects it from dust, vermin or other likely sources of contamination.
Use of lead and zinc
50. (1) The package or material in which moist food for sale is packed or enclosed must not have any surface containing lead or zinc in contact
with the food.
(2) This clause does not apply to glucose or honey packed in containers of at least 20 litres capacity.
Use of tinplate
51. The package or material in which food for sale is packed or
enclosed:
(a) must not be soldered inside; and
(b)
must not be lacquered inside unless the lacquer completely covers the inner surface of the package or material.
Use of certain other metals
52. The package or material in which food for sale is packed or
enclosed must not have any surface in contact with the food if, when
treated:
(a) with 2 per cent aqueous citric acid test solution; and
(b) for a period of 24 hours; and
(c) at a temperature of at least 20°C but not more than 25°C.
the surface reacts in such a way that, at the end of the period, the test solution contains a metal specified in the Table to this clause in a
concentration greater than that specified in relation to that metal.
TABLE
Metal Concentration
antimony .......................................... 0.15 milligrams per litre
cadmium .......................................... 0.05 milligrams per litre
copper ................................................ 5.00 milligrams per litre
lead ................................................. 0.20 milligrams per litre
zinc ................................................. 50.00 milligrams per litre
Use of certain other substances
53. (1) The package or material in which food for sale is packed or
enclosed must not be of a kind that yields any poisonous or injurious
substance to food coming into contact with it.
(2) In particular:
(a) a rigid or semi-rigid package or container that consists, in whole er in part, of polyvinyl chloride must not contain more than 5 millligrams per kilogram of vinyl chloride monomer; and (b) a package or container that consists, in whole or in part, of a flexible film of polyvinyl chloride or polyvinylidene chloride must not contain more than: • 1 milligram per kilogram of vinyl chloride monomer; or • 0.4 milligrams per kilogram of vinylidene chloride
monomer; and
(c)
a package or container that consists, in whole or in part, of acrylonitrile butadiene styrene, polystyrene, polyvinyl chloride or styrene acrylonitrile muse not contain more than:
• 10 milligrams per kilogram of acrylonitrile monomer; or
1992—No. 480
• 0.2 per cent of tris (2,4-di-t-butyl-pheryl) phosphite; or • 0.12 per cent of the vinyl monomer concentration used of
diallyl phthalate; or
• 10 milligrams per kilogram of acrylonitrile monomer.
Bags used to carry bone-dust etc.
54. The package or material in which food for sale is packed or enclosed must not have been manufactured for the purpose of containing or have at any time contained or been used to convey, bone-dust superphosphate, manure, poison or any other harmful material.
Packaging of fish
55. The package or material in which fish for sale is packed or enclosed, being a package or material that has previously been used for that purpose, must have been thoroughly cleaned immediately after the fish were removed.
Second-hand seals etc. prohibited
56. The package or material in which food for sale is packed or enclosed must not include any second-hand seal, wad, cork or cork ring.
Division 2—Labelling
Animal food described as human food
57. (1) A person must not label food so as to imply that it is fit for
human consumption if the food is also labelled as being pet food or as
otherwise being suitable as food for animals.
Maximum penalty: 25 penalty units.
(2) This clause does not apply to food that is primarily labelled as food for human consumption and that otherwise complies with the other requirements prescribed by or under the Act for the labelling of food for human consumption.
(3) In this clause:
“primarily labelled’’ means that the matter in the label describing the article as food for human consumption appears in larger letters and more prominently than any other matter.
1992—No. 480
PART 7—CONVEYANCE OF FOOD
Vehicles etc. used to store or convey food
58. (1) A person must not store or convey food for sale in a vehicle
unless that part of the vehicle in which, or the receptacle in which, the
food is stored or conveyed:
(a)
is fully enclosed and provided with a close-fitting door or lid that is capable of being securely closed; and
(b) is sealed off from the driving section of the vehicle; and
(c)
is otherwise designed and constructed so as to protect food stored or conveyed in the vehicle from dust, vermin and other likely sources of contamination; and
(d)
is so designed and constructed that such of its fixtures, fittings and appliances as come into contact with the food are constructed of an impervious material that is able to be easily cleaned.
Maximum penalty: 25 penalty units.
(2) This clause does not apply to:
(a) raw grains or seeds intended for further processing; or
(b) whole fruits or vegetables; or
(c)
food contained in a package that is so designed and constructed as to protect the food from dust, vermin, fumes, odours and other likely sources of contamination.
Vehicles etc. to be securely closed
59. (1) A person must not convey food for sale in a vehicle while the
door or lid of the part of the vehicle in which the food is being conveyed,
or of any receptacle containing the food, is open.
Maximum penalty: 25 penalty units.
(2) A person must not leave open the door or lid of that part of a
vehicle in which food is being conveyed, or of any receptacle containing
food, while the vehicle is unattended.
Maximum penalty: 25 penalty units.
PART 8—MEAT AND MEAT PREMISES
Definitions
60. In this Part:
“butcher’s meat” means fresh, chilled, frozen, salted or uncooked
carcases or parts of carcases of cattle, calves, sheep, lambs, goats,
1992—No. 480
deer or pigs, and includes sausages, sausage meat, edible offal, bones, fat and blood for human consumption, but does not include comminuted or minced bones or pre-packed meat;
“butcher’s shop” means premises in which butcher’s meat is sold by retail, and includes any premises appurtenant to those premises and used in connection with them;
“meat preparation area” means premises used for the purpose of boning, curing, salting, mincing, pre-packing or carrying out any other similar process of preparation of butcher’s meat for sale for human consumption;
“pre-packed meat” means butcher’s meat that is packed, before it is exposed for sale, by being enclosed in a plastic or other packaging material;
“pre-packed meat shop” means premises in which pre-packed meat is sold by retail.
Storage of pre-packed meat
61. (1) A person must not sell pre-packed meat for sale otherwise
than:
(a)
in a refrigerator that is maintained at a temperature of not more than 1°C; and
(b)
in a compartment of the refrigerator that separates the meat from any other kind of food stored in the refrigerator.
Maximum penalty: 25 penalty units.
(2) A person must not sell pre-packed meat by retail sale unless the
meat has, at all times prior to sale, been stored in accordance with
subclause (1).
Maximurn penalty: 25 penalty units.
Packaging of pre-packed meat
62. A person must not sell pre-packed meat by retail sale unless the material in which it is packed is sealed by means of the application of
heat, or by other effective means, so as to create a package:
(a) that is airtight and waterproof; and
(b)
that is capable of preventing the meat from being contaminated as a result of coming into contact with any other material. Maximum penalty: 25 penalty units.
1992—No. 480
Returned meat
63. A person who sells meat (including butcher’s meat, pre-packed meat and manufactured meat) must not, in any premises or vehicle used to receive or sell the meat, receive or sell meat that has been returned after having been previously delivered to a shop, dwelling or private customer.
Maximum penalty: 25 penalty units.
Possession of meat not used for human consumption
64. A person must not, in premises used to handle meat for sale for human consumption, keep or have possession of meat that is derived from a horse, kangaroo or other animal not generally used as food for human consumption.
Maximum penalty: 25 penalty units.
Sale etc. of meat on other premises
65. (1) A person must not, in premises used to handle food for sale,
sell or store for sale any animal food that consists wholly or partly of
meat unless the animal food is packed in a sealed package.
Maximum penalty: 25 penalty units.
(2) A person must not, in premises used to handle food for sale, open any sealed package of animal food.
Maximum penalty: 25 penalty units.
Goods permitted to be sold from butchers’ shops
66. A person must not, in a butcher’s shop, sell or store for sale any goods other than:
(a)
butcher’s meat, pre-packed meat, lard, dripping, dressed rabbits, dressed poultry, smoked mutton, smoked beef, smoked bacon, smoked ham, other smoked meat, canned meat, pickled meat, salted meat, manufactured meat or cooked meat products; or
(b)
other suitably pre-packed foods sold in a separate portion of the shop; or
(c)
animal biscuits or animal cereals pre-packed in sealed containers; or
(d)
other animal food in sealed packages. Maximum penalty: 25 penalty units.
1992—No. 480
Premises etc. from which meat products may be sold
67. (1) A person must not:
(a)
store butcher’s meat (other than sausages or pork bones) for sale; or
(b)
sell butcher’s meat (other than sausages or pork bones) by retail sale,
in premises other than a butcher’s shop.
Maximum penalty: 25 penalty units.
(2) A person must not:
(a) store pre-packed meat for sale; or
(b) sell pre-packed meat by retail sale,
in premises other than a butcher’s shop or pre-packed meat shop.
Maximum penalty: 25 penalty units.
(3) A person must not:
(a) store sausages or pork bones for sale; or (b) sell sausages or pork bones by retail sale,
in any premises other than a butcher’s shop, pre-packed meat shop,
smallgoods shop, delicatessen shop or similar premises.
Maximum penalty: 25 penalty units.
(4) A person must not:
(a) store butcher’s meat or pre-packed meat for sale; or (b) sell butcher’s meat or pre-packed meat by retail sale,
in any vehicle.
Maximum penalty: 25 penalty units.
Clothes to be worn for meat deliveries
68. A person must not deliver butcher’s meat to a butcher’s shop
unless, when delivering the meat, the person is wearing:
(a) shoulder capes that are made of washable material; and
(b) a cap that is made of washable material and that completely covers the person’s hair; and (c) clean overalls that are made of washable material and that Maximum penalty: 25 penalty units
1992—No. 480
Construction of butchers’ shops etc.
69. (1) A person must not use any premises as a butcher’s shop, or as a meat preparation area, unless:
(a)
the internal walls of the premises have a height of at least 2.75 metres; and
(b)
the premises include an adequate and efficient cooling room to store butcher’s meat and pre-packed meat; and
(c)
each doorway into or out of the premises is kept closed (when not in actual use) by means of properly constructed and fitted fly-proof self-closing doors; and
(d)
each other opening into or out of the premises is fitted with fixed fly-proof gauze.
Maximum penalty: 25 penalty units.
(2) The provisions of subclause (1) (c) and (d) do not apply to premises that are kept free from flies by other means.
Prohibited uses of butchers’ shops etc
70. A person must not use a butcher’s shop, pre-packed meat shop or a
meat preparation area:
(a) for domestic purposes; or
(b) for the purpose of preparing, packaging or storing food (other than animal biscuits or animal cereals pre-packed in sealed containers) for sale as animal food; or (c) for the purpose of preparing, packaging or storing any butcher’s meat or pre-packed meat that is diseased or that is derived from an animal that has died otherwise than by slaughter. Maximum penalty: 25 penalty units.
Keeping of meat wastes etc. in butchers’ shops
71. A person must not keep any bones or meat wastes of any kind in a
butcher’s shop, pre-packed meat shop or meat preparation area otherwise
than in a vessel:
(a)
that is made of metal or other suitable material and is provided with a close fitting cover; and
(b)
that is emptied and cleaned not Pater than 8 hours after my bones or meat wastes are placed in it.
Maximum penalty: 25 penalty units.
1992—No. 480
PART 9—SAMPLING AND ANALYSIS
Payment for samples
72. For the purposes of section 32 of the Act, if the current market
value of a sample of food exceeds $10, the amount payable for the
sample concerned is $10.
Fee for analysis
73. For the purposes of section 38 of the Act, the fee to be prepaid by any person who requires an officer to purchase a sample of food is $50.
Form of analyst’s certificate
74. For the purposes of section 39 of the Act, the prescribed form of
certificate to be given by an analyst of the result of an analysis of food is
Form 1.
Qualifications for analysts
75. A person applying for appointment as an analyst to conduct a specific category of analysis must satisfy the Director-General:
(a) that the applicant:
• holds a graduate qualification in science from a tertiary institution approved by the Director-General for the purposes of this clause with the major subject (that is, chemistry or microbiology) relevant to the specific category of analysis to which the application relates; and
• has had, subsequent to graduation, at least 2 years’ practical experience relevant to the specific category of analysis; or
(b)
that the applicant’s general and chemical or microbiological training and practical experience are equivalent to that required by paragraph (a),
and that the applicant has the use of a suitably equipped laboratory for the
performance of the specific category of analysis.
1992—No. 480
PART 10—MISCELLANEOUS
Frozen food
76. (1) A person who exposes frozen food for sale in a frozen food
retail cabinet must ensure that the food is located within the load limit
marked on the cabinet.
Maximum penalty: 25 penalty units.
(2) A person must not sell food that, after being frozen and subsequently running down or melting, has been frozen again.
Maximum penalty: 25 penalty units.
Waste beer products etc.
77. (1) A person must not sell waste alcoholic drinks.
Maximum penalty: 25 penalty units.
(2) The occupier of premises in which alcoholic drinks are sold must ensure that any waste alcoholic drinks kept on the premises (and any receptacles kept on the premises into which waste alcoholic drinks are placed, allowed to run or discharge) contain:
(a)
the colouring matter Methyl Violet in sufficient quantities to give the drinks, or the receptacle’s contents, a distinct violet colour; or
(b)
an emulsifying oil in sufficient quantities to give the drinks, or the receptacles’ contents, a distinct milky appearance.
Maximum penalty: 25 penalty units.
(3) A person must not place a receptacle capable of holding waste
alcoholic drinks on any drip tray used in premises on which alcoholic
drinks are sold.
Maximum penalty: 25 penalty units.
(4) In this clause:
“waste alcoholic drinks” means beer, beer products, wine, wine
products, spirit, spirit products, liqueur, liqueur products, cider or
other alcoholic drinks derived from:
(a) the purging of supply lines; or
(b)
a spill, drip or overflow from a tap, vessel or other receptacle; or
(c) the unconsumed portion of a drink supplied to a customer
1992—No. 480
Storage of perishable foods
78. (1) This clause applies to food which consists of or includes ingredients (such as milk or milk products, eggs, meat, fish, cooked rice or opened shell-fish) that are in a condition that is conducive to the rapid and progressive growth of infectious or toxigenic micro-organisms, but does not apply to:
(a) frozen food, confectionery, raw eggs in the shell or raw meat (other than poultry); or (b) food contained in a hermetically sealed can, jar or other container that has been processed by heat to prevent spoilage.
(2) A person who sells food, or who handles or supplies food for sale, must cause the food to be stored in accordance with this clause unless the food is actually being prepared or served on a plate or other eating utensil.
Maximum penalty: 25 penalty units.
(3) Food that is to be kept hot must be stored in an appliance at a
temperature of at least 60°C not later than 1 hour after it is prepared or
was last kept cold.
(4) Food that is not to be kept hot must be cooled as soon as practicable and stored in an appliance, not later than 4 hours after it is prepared or was last kept hot, at a temperature of not more than 5°C.
(5) An appliance used to store food is to be provided with a numerically scaled indicating thermometer or recording thermometer (accurate to 1°C) or an alarm system to continuously monitor the temperature of the appliance.(6) A person must not sell food if the temperature of the food:
(a) is below 60°C (in the case of food that is to be kept hot); or (b) is above 5°C (in the case of food that is not to be kept hot).
Maximum penalty (subclause (6)): 25 penalty units.
Milk to be cooled etc.
79. (1) A person who milks cows, goats, sheep or other animals to obtain milk for sale:
(a)
must cause the milk to be cooled to a temperature not exceeding 5°C not later than 1 hour after the milk is obtained; and
(b)
must cause the milk to be filtered to remove any extraneous matter.
Maximum penalty: 25 penalty units.
1992—No. 480
(2) A person complies with the requirements of subclause (1) (b) in relation to cows’ milk if an arrangement exists, between the person and some other person to whom the milk is supplied, for the other person to filter the milk.
(3) A person to whom cows’ milk is supplied under such an arrangement must cause the milk to be filtered.
Maximum penalty (subclause (3)): 25 penalty units.
Potable water to be used to dip oysters and shellfish etc.
80. A person who handles oysters or other shell-fish for sale must not
use water that is not potable water to open the oysters or other shell-fish
or to dip them in.
Maximum penalty: 25 penalty units.
Ice
81. (1) A person must not sell for human consumption ice that has been used to keep food cool or that has been in contact with food that is
ordinarily consumed in the same state as that in which it is sold.
(2) A person must not carry or deliver ice for sale:
(a) in or on the person’s bare hand; or
(b) so that the ice is in contact with the person.
Maximum penalty: 25 penalty units.
Director-General to be notified of exposure to radiation
82. (1) A person who manufactures, produces, packs or delivers food for sale must notify the Director-General, as soon as practicable after becoming aware that the food has been accidentally exposed to ionising radiation, that the food has been so exposed.
Maximum penalty: 25 penalty units.
(2) In this clause:
“ionising radiation” means electromagnetic or particulate radiation capable of producing ions directly or indirectly in passage through matter, but does not include electromagnetic radiation of a wavelength greater than 100 nanometres.
1992—No. 480
Previously served food
83. A person must not sell food that has been previously served to another person.
Maximum penalty: 25 penalty units.
Unwrapped bread
84. (1) A person who sells bread must not, in any premises or vehicle used to receive or sell bread, receive or sell any unwrapped bread that has been returned after having been previously delivered to a shop, dwelling or private customer.
Maximum penalty: 25 penalty units.
(2) In this clause:
“unwrapped bread” means bread that is not packaged at the premises at which it is manufactured.
Opening of packages
85. A person must not, in premises used to store food for sale, open any package of food that is or is to be exposed for sale in that package.
Maximum penalty: 25 penalty units.
Recalled food
86. A person who receives or has possession of food that is subject to an order for its recall:
(a) must put or keep the food in a suitable receptacle or segregated
area and clearly identify it as returned or recalled food; or (b) must destroy or otherwise dispose of the food. Maximum penalty: 25 penalty units. 1992—No. 480
SCHEDULE 1—FORMS
Form 1
(C1. 74)
FOOD ACT 1989
ANALYST’S CERTIFICATE
I, .................................................................................... an analyst duly appointed under the Food Act 1989, certify that the sample has been analysed, that the seal securing the sample was intact (delete if not applicable) and that the result of the analysis is as follows:
[Here insert the result of analysis* and any remarks.]
Signed on the day of 19 . ............................... Analyst’s signature. ...............................
...............................
Address.
*NOTE: If a method of analysis is prescribed, the analyst is to state that the method has
been followed.
TABLE OF PROVISIONS
PART 1—PRELIMINARY
1. Citation
2. Commencement
3. Repeal
4. Definitions5. Effect of provisions that prohibit conduct
1992—No. 480
PART 2—FOOD PREMISES AND VEHICLES
Division 1—Construction
6. Premises and vehicles in which food is handled for sale to comply with this Division
7. General construction of premises
8. Construction of walls etc. of premises
9. Construction of floors of premises
10. Lighting of premises
11. Construction of vehicles
12. Wash basins for premises and vehicles
13. Premises and vehicles where eating or drinking utensils used
14. Fittings, fixtures etc. in premises and vehicles
Division 2—Use
15. Certain premises not to be used to handle food for sale etc.
16. Animals etc. not to be kept on premises
17. Premises used to handle food for domestic use or consumption
18. Use of vehicles
Division 3—Particular premises
19. Premises used for killing or dressing poultry
20. Premises used for bottling wine etc.
PART 3—FOOD APPLIANCES
21. Appliances generally
22. Use of broken utensils
23. Use of certain metals
24. Use of certain other materials
PART 4—FOOD HYGIENE
25. Personal cleanliness
26. Spitting, smoking etc.
27. Contact with hands etc.
28. Contact with mouth
29. Bandages
30. Notifiable diseases etc.
PART 5—PROTECTION OF FOOD AND APPLIANCES FROM
CONTAMINATION
31. Contamination generally
32. Cleaning of premises and vehicles
33. Cleaning of utensils
34. Boiler preservatives
35. Sale of unclean food
36. Self-service food
37. Exposure of food for sale
38. Wrapping etc. of food consumed in the state in which it is sold
1992—No. 480
39. Handling etc, of food consumed in the state in which it is sold
40. Exposure of meat and fish etc.
41. Appliances used to process raw food
42. Protection of food from animals etc.
43. Protection of milk
44. Protection of food from contamination with poison
45. Use of washing machines etc.
46. Bread trays etc.
47. Printed matter
PART 6—PACKAGING AND LABELLNG
Division 1—Packaging
48. Packaging generally
49. Packages and packing materials to be clean etc.
50. Use of lead and zinc
51. Use of tinplate
52. Use of certain other metals
53. Use of certain other substances
54. Bags used to carry bone-dust etc.
55. Packaging of fish
56. Second-hand seals etc. prohibited
Division 2—Labelling
57. Animal food described as human food
PART 7—CONVEYANCE OF FOOD
58. Vehicles etc. used to store or convey food 59. Vehicles etc. to be securely closed
PART 8—MEAT AND MEAT PREMISES
60. Definitions
61. Storage of pre-packed meat
62. Packaging of pre-packed meat
63. Returned meat
64. Possession of meat not used for human consumption
65. Sale etc. of meat on other premises
66. Goods permitted to be sold from butchers’ shops
67. Premises etc. from which meat products may be sold
68. Clothes to be worn for meat deliveries
69. Construction of butchers’ shops etc.
70. Prohibited uses of butchers’ shops etc.
71. Keeping of meat wastes etc. in butchers’ shops etc.
PART 9—SAMPLING AND ANALYSIS
72. Payment for samples
73. Fee for analysis
74. Form of analyst’s certificate
75. Qualifications for analysts
1992—No. 480
PART 10—MISCELLANEOUS
76. Frozen food
77. Waste beer products etc.
78. Storage of perishable foods
79. Milk to be cooled etc.
80. Potable water to be used to dip oysters and shellfish etc.
81. Ice
82. Director-General to be notified of exposure to radiation
83. Previously served food
84. Unwrapped bread
85. Opening of packages
86. Recalled food
SCHEDULE 1—FORMS
EXPLANATORY NOTE
The object of this Regulation is to repeal the Food Regulations 1937 and to re-enact provisions of that Regulation having continuing relevance, together with additional provisions. The new Regulation contains provisions regulating matters relating to food hygiene and the protection of food from contamination. In particular, the Regulation:
• sets out construction standards for food premises and food vehicles and prohibits food premises and food vehicles from being used for certain purposes (Part 2); and
• contains provisions requiring appliances used to handle food for sale to be clean and unbroken and not to be made out of certain materials (Part 3); and
• contains provisions regulating the cleanliness and hygiene of persons who handle food for sale (Part 4); and• contains provisions relating to the protection of food from contamination (Part 5); and
• contains provisions regulating the packaging and labelling of food (Part 6);
and
• contains provisions relating to the conveyance of food in vehicles (Part 7);
and
• contains provisions relating to the storage and labelling of pre-packed meat, the construction and use of butcher’s shops and other provisions relating to the sale of meat (Part 8); and
• contains provisions relating to sampling and analysis (Part 9); and
1992—No. 480
• contains miscellaneous provisions relating to food, including provisions prohibiting certain substances from being added to food, provisions setting out requirements for storing frozen food, and provisions regulating the storage of perishable food (Part 10).
This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.
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