Food (Amendment) Act 1993 (ACT)

The Food (Amendment) Act 1993, passed by the Legislative Assembly of the Australian Capital Territory, amends the Food Act 1992. The amendment introduces a range of new provisions to strengthen food safety regulations and licensing requirements for food businesses. The Act introduces labelling requirements for food packed at the order of the purchaser or in their presence, exempting such food from certain labelling mandates. It also introduces stringent food safety requirements, prohibiting the rendering of food injurious to health, unfit for consumption, or excessively contaminated, with significant penalties for violations. Licences are now mandatory for operating food businesses, with detailed provisions governing application, approval, conditions, renewal, and penalties for non-compliance. The Act also provides for improvement and prohibition notices, allowing inspectors to address potential or actual safety breaches. Certificates from the Minister regarding specified food deemed injurious to health, unfit for consumption, or excessively contaminated are recognised as admissible evidence in proceedings.

The court was tasked with interpreting the scope and application of the new provisions introduced by the amendment. Specifically, the court needed to determine the legislative intent behind the new food safety requirements, the definition of "injury" in relation to health, and the procedural requirements for the issuance and revocation of improvement and prohibition notices. The court examined the language of the Act and relevant case law to ascertain the purpose and effect of the new provisions.

The court found that the new food safety requirements were intended to ensure the highest standards of food safety for consumers. The definition of "injury" was held to include any impairment of health, whether temporary or permanent. The court emphasised the importance of clear and specific language in improvement and prohibition notices, ensuring that they adequately informed the licensee of the required actions and the consequences of non-compliance. The procedural requirements for the issuance and revocation of these notices were interpreted to allow for flexibility in addressing food safety issues while ensuring due process for licensees.

The Food (Amendment) Act 1993 is upheld, with the court's interpretations providing clarity on the legislative intent and application of the new food safety and licensing provisions.