Food Regulations 1994 (ACT)

Case

c

Food Regulations 1994 (repealed)     No 4

made under the

Food Act 1992

Republication No 3

Republication date: 11 March 2002

As repealed by Act 2001 No 66

Amendments incorporated to 10 March 2002

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Food Regulations 1994 (repealed).  It includes any amendment, repeal or expiry affecting the republished law to 10 March 2002 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

    • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

    Penalties

    The value of a penalty unit for an offence against this republished law at the republication date is—

    (a)if the person charged is an individual—$100; or

    (b)if the person charged is a corporation—$500.

    Amendments incorporated to
    10 March 2002


    c

    Food Regulations 1994 (repealed)

    made under the

    Food Act 1992

    Contents

    Page

    Part 1Preliminary

    1. Name of regulations  2

    2. Dictionary  2

    Part 2Exemptions

    1. Exemptions from licensing requirements  3

    Part 3Egg labelling

    1. Sale of eggs  4

    Part 4Food safety

    Division 4.1           Compliance by proprietors

    1. Proprietor’s obligation to comply  6

    Division 4.2           Inspections

    1. Inspection of food  6

    Division 4.3           Food business activity

    1. Medical examination of food workers  7

    2. Directions to food workers with transmissible conditions                  7

    3. Transmissible conditions and bandages  8

    4. Personal cleanliness  8

    5. Contact with food  8

    Part 5Equipment

    1. Keeping equipment clean  11

    2. Prevention of food contamination  11

    3. Equipment cleaning method  11

    4. Chipped and cracked equipment  12

    5. Accessory articles  13

    6. Water filters  13

    7. Table linen and condiments  13

    Part 6Food premises

    1. Prohibited food premises  15

    2. Food premises—cleanliness  15

    3. Food premises—structure  17

    4. Animals on food premises  17

    Part 7Transport

    1. Vehicles and containers—cleanliness  18

    2. Construction of vehicles  18

    3. Prohibited vehicles  19

    4. Protection of food in transit  19

    5. Display of vendor’s name  19

    Part 8Food protection

    1. Protecting exposed food  21

    2. Unattended food on a counter or bar  21

    3. Temperature control  21

    4. Storage of food  22

    5. Protection from vermin and insects  22

    6. Packing material  22

    7. Extraneous items in food packages  23

    8. Garbage and food withdrawn from sale  23

    9. Waste beer  24

    10. Re-serving food  25

    Part 9Miscellaneous

    1. Selling by self or as agent or employee  26

    Dictionary27

    Endnotes

    1. About the endnotes  29

    2. Abbreviation key  29

    3. Legislation history  30

    4. Amendment history  31

    5. Earlier republications  34

    Amendments incorporated to
    10 March 2002


    c

    Food Regulations 1994 (repealed)

    made under the

    Food Act 1992

    Part 1Preliminary

    1. Name of regulations

      These regulations are the Food Regulations 1994.

    2. Dictionary

      The dictionary at the end of these regulations is part of these regulations.

      Note 1The dictionary defines certain words and expressions, and includes references (signpost definitions) to other words and expressions defined elsewhere in these regulations or in other legislation.

      For example, the signpost definition in the dictionary ‘authorised medical officer—see the Public Health Act 1997, subsection 5 (1)’ means that the expression ‘authorised medical officer’ is defined in of that subsection and the definition applies to these regulations.

      Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulations unless the definition, or another provision of these regulations, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156).

    Part 2Exemptions

    1. Exemptions from licensing requirements

      For the Act, section 30 (2)—

      (a)a person who carries on a food business consisting solely of—

      (i)selling, by retail, non-perishable and prepacked food; or

      (ii)the transportation of food; or

      (b)a person who carries on business in a State (being a business in respect of which the person holds a licence or is otherwise authorised under the law of that State corresponding to the Act) and who carries on a food business consisting solely of, on not more than 2 occasions in any calendar year, selling food from a vehicle at a show, festival or other outdoor activity in the ACT of not more than 3 days duration;

      is exempt from the Act, section 30 (1).

    Part 3Egg labelling

    1. Sale of eggs

    2. For the Act, section 24B an expression in the following table is a prescribed expression, with the meaning given in the table, if it is immediately followed or preceded on the label by the word ‘egg’:

    column 1

    item

    column 2

    expression

    column 3

    conditions under which the hens that
    produced the eggs are kept
    1 battery cage

    Hens are kept in cages—

        (a)     without access to litter, perch or nest; and

        (b)     in accordance with the stocking level and other requirements for cage systems under the code.
    2 barn

    Hens are kept—

        (a)     with the freedom and capacity to socialise, to move freely within the shed, to stretch, perch, nest, dust bathe, flap wings and fly; and

        (b)     with adequate perching facilities and nests available to birds within the shed to accommodate the needs of all hens; and

        (c)     with half the housing kept under litter; and

        (d)     in accordance with the stocking level and other requirements for deep litter systems  on a single level under the code.
    3 aviary

    Hens are kept in a shed—

        (a)     with the freedom and capacity to socialise, to move freely within the shed, to stretch, perch, nest, dust bathe, flap wings and fly; and

        (b)     with adequate perching facilities and nests available to birds on a number of levels within the shed to accommodate the needs of all hens; and

        (c)     with half the housing kept under litter; and

        (d)     in accordance with the stocking level and other requirements for deep litter systems under the code with the allowance of a number of additional levels of nesting and perching space.
    4 free range

    Hens are kept—

        (a)     with continuous daytime access to outdoor runs; and

        (b)     with access at all times to indoor litter, perches and nests; and

        (c)     with adequate protection at all times from predators and the elements; and

        (d)     in accordance with the stocking level and other requirements for range systems under the code.

    1. For the Act, section 24B, a label is conspicuous if the prescribed expression is in a standard type of at least 6mm.

    2. In this regulation:

      code means the current Model Code of Practice for the Welfare of Animals: Domestic Poultry, made by the Animal Health Committee of the Standing Committee on Agriculture and Resource Management (SCARM).

    Part 4Food safety

    Division 4.1              Compliance by proprietors

    1. Proprietor’s obligation to comply

      The proprietor of a food business must take reasonable steps to ensure that all persons engaged in the food business comply with these regulations.

      Maximum penalty:  10 penalty units.

    Division 4.2              Inspections

    1. Inspection of food

    2. A public health officer may inspect food that is advertised, or offered, for sale to find out its composition and properties.

    3. The public health officer may compare the results of an inspection with any advertisement that relates to the food.

    4. The public health officer may prepare a report of the results of an inspection and comparison including any comment that the officer considers desirable in the public interest.

    5. The public health officer may, with the Minister’s written approval—

      (a)publish the report in a newspaper circulating in the ACT, and in any other way considered desirable by the officer; and

      (b)otherwise make the report available to the public.

    6. A proceeding may not be brought—

      (a)   against the Territory or anyone else in relation to the publication of a report under this regulation; or

      (b)   against the Territory or anyone else in relation to the republication (in whole or part) of a report published under this regulation.

    Division 4.3              Food business activity

    1. Medical examination of food workers

    2. This regulation applies if the chief health officer or an authorised medical officer suspects, on reasonable grounds, that a person engaging in food business activity has a condition that may be transmitted to someone else because of that activity.

    3. The person must not, without reasonable excuse, fail to comply with a written direction by the chief health officer or an authorised medical officer to have either or both of the following examinations:

      (a)an examination by the chief health officer or an authorised medical officer on a day, and at a time and place, specified in the direction;

      (b)a specified clinical or bacteriological examination on a day, and at a time and place, specified in the direction.

      Maximum penalty:  10 penalty units.

    4. Directions to food workers with transmissible conditions

    5. This regulation applies if the chief health officer or an authorised medical officer—

      (a)   believes, because of an examination mentioned in regulation 8, that the person examined has a condition mentioned in that regulation; and

      (b)   gives the person a written direction not to engage in food business activity.

    6. The person must comply with the direction until—

      (a)   the chief health officer or an authorised medical officer gives the person written notice withdrawing the direction; or

      (b)   the person gives the chief health officer or an authorised medical officer a certificate from a doctor certifying that the person does not have a condition mentioned in regulation 8.

      Maximum penalty:  10 penalty units.

    7. Transmissible conditions and bandages

    8. A person must not engage in food business activity if he or she—

      (a)   has a condition that may be transmitted to someone else because of that activity; or

      (b)   is wearing unclean or medicated bandages, and there is, as a result, a reasonably significant risk of contamination of the food.

      Maximum penalty:  10 penalty units.

    9. Subregulation (1) (b) does not apply in relation to a food business activity if the bandages are on the person’s hands or wrists, and are, while the activity is being carried out, covered by clean gloves suitable for the activity.

    10. Personal cleanliness

      While engaging in food business activity, a person must be clean and wear clean clothes.

      Maximum penalty:  10 penalty units.

    11. Contact with food

    12. While engaging in food business activity, a person must avoid unnecessary contact with the food.

      Maximum penalty:  10 penalty units.

    13. Without limiting subregulation (1), while engaging in food business activity, a person must—

      (a)use any available equipment, as appropriate, for protecting the food from contamination; and

      (b)not place food on the ground or floor; and

      (c)not sit or lie on a table, bench or place where food is prepared; and

      (d)avoid touching his or her body or clothing, as far as possible; and

      (e)avoid touching any surface that will come into contact with the food (for example, the inside of a bag or container, the top of a plate or the blade of a knife), as far as possible; and

      (f)not breathe into a bag or wrapper to open it; and

      (g)only wipe his or her hands on a clean towel; and

      (h)not smoke or chew tobacco, or spit; and

      (i)not allow any person (other than a consumer to whom the food is sold) to touch or breathe on the food, as far as possible.

      Maximum penalty:  10 penalty units.

    14. Subregulation (2) does not apply if the food is in hermetically sealed containers at all times while the person is carrying out the activity.

    15. A person engaged in food business activity must not, without reasonable excuse, fail to wash his or her hands—

      (a)immediately before—

      (i)beginning the activity; or

      (ii)resuming the activity after a break; or

      (iii)resuming the activity after any other significant interruption (for example, after going to the toilet or smoking a cigarette); or

      (b)immediately after touching his or her body or clothing while so engaged.

      Maximum penalty:  10 penalty units.

    Part 5Equipment

    1. Keeping equipment clean

      A person who engages in food business activity, or who handles food in the course of a food business, must keep all equipment used for the activity or handling clean and free from odours.

      Maximum penalty:  10 penalty units.

    2. Prevention of food contamination

    3. A person who engages in food business activity must properly use all available equipment to prevent contamination of the food.

      Maximum penalty:  10 penalty units.

    4. A person who engages in food business activity must not expose the food to contamination by act, neglect or omission in the use of associated equipment.

      Maximum penalty:  10 penalty units.

    5. Equipment cleaning method

    6. The proprietor of a food business must take reasonable steps to ensure that equipment used in a food business activity is cleaned regularly using either of the following methods (an equipment cleaning method):

      (a)the equipment is first washed in warm water, then rinsed in water with a temperature of at least 75°C;

      (b)the equipment is cleaned using a method approved by a public health officer (for example, the use of a sanitiser approved by a public health officer).

      Maximum penalty:  10 penalty units.

    7. A proprietor must, in relation to a food business activity, ensure that—

      (a)anything used for the consumption of food is cleaned using an equipment cleaning method as soon as practicable after it is used; and

      (b)no item used in consuming food is made available to a customer if it has not been cleaned using an equipment cleaning method since it was last used; and

      (c)if a mechanical dishwasher or glass-washer is installed—

      (i)it is capable of cleaning equipment using an equipment cleaning method; and

      (ii)it is installed and maintained in a way that enables such cleaning to take place.

      Maximum penalty:  10 penalty units.

    8. A person may serve liquor in a glass in a bar-room for consumption on the premises only if the glass has been cleaned in a mechanical glass-washer (using an equipment cleaning method) since it was last used.

      Maximum penalty:  10 penalty units.

    9. In this regulation:

      mechanical glass-washer means a machine capable of mechanically washing, in a single operation, the inside and outside (including the rim) of a drinking glass.

    10. Chipped and cracked equipment

      The proprietor of a food business must ensure that no container or other utensil used for the preparation of food, or for the consumption of food, in the course of the food business is so chipped, cracked, broken or otherwise defective that it cannot be thoroughly cleaned.

      Maximum penalty:  10 penalty units.

    11. Accessory articles

      The proprietor of a food business must ensure that accessory articles used for food consumption (for example, drinking straws) are kept in a clean and sanitary condition.

      Maximum penalty:  10 penalty units.

    12. Water filters

    13. The proprietor of a food business must ensure that only a water filter of a type approved by a public health officer is used—

      (a)for preparing food or any article in association with food; or

      (b)for filtering water for supplying to the public.

      Maximum penalty:  10 penalty units.

    14. If water filters are used in a food business, the proprietor must provide any information reasonably required by a public health officer relating to the performance and cleaning of the filters.

      Maximum penalty:  10 penalty units.

    15. The proprietor of a food business must take reasonable steps to ensure that all water filters used in the business are kept in a clean and sanitary condition at all times, and in good repair.

      Maximum penalty:  10 penalty units.

    16. Table linen and condiments

    17. The proprietor of a food business must take reasonable steps to ensure that—

      (a)table linen used in the business is clean; and

      (b)a reusable table napkin or serviette for use by a person has been washed since it was last used by someone else.

      Maximum penalty:  10 penalty units.

    18. The proprietor of a food business must take reasonable steps to ensure that—

      (a)condiment containers used in the business are kept with the lid or stopper in place when not being used; and

      (b)the contents of condiment containers used in the business are fit for human consumption; and

      (c)condiments for customers of the business consuming food outdoors adjacent to the premises are supplied in single-serve disposable containers.

      Maximum penalty:  10 penalty units.

    Part 6Food premises

    1. Prohibited food premises

      The proprietor of a food business must not use any of the following places as food premises:

      (a)a room used at any time as a bedroom or toilet, or a place directly connected with a bedroom or toilet;

      (b)a place where the food is likely to be contaminated or deteriorate, or where any activity is carried on that is likely to contaminate the food or cause it to deteriorate;

      (c)a place where an animal is kept;

      (d)a place where rubbish is kept (except garbage handled as required by regulation 36);

      (e)a cellar, basement, underground room, stairway or passageway;

      (f)another place prohibited in writing by a public health officer.

      Maximum penalty:  10 penalty units.

    2. Food premises—cleanliness

      The proprietor of a food business must take reasonable steps to ensure that all food premises comply with the following conditions:

      (a)the premises must be kept in a clean and sanitary condition;

      (b)any vermin found on the premises must be destroyed;

      (c)places used for the preparation of food must be of sufficient size and properly enclosed, floored and sealed;

      (d)the premises must have 1 washbasin for every 10 people who engage in food business activities there, or the other ratio of washbasins to persons engaging in food business activities that is approved by a public health officer;

      (e)the washbasins must be connected to the sewerage network or other waste disposal system approved by a public health officer;

      (f)the washbasins for people who engage in food business activities must be accessible by those people and located as approved by a public health officer;

      (g)the washbasins for people who engage in food business activities must each have (adjacent to the washbasin) a sufficient supply of liquid soap and clean towels;

      (h)the premises must have at least the number of sinks approved by a public health officer, connected to the sewerage network or other waste disposal system approved by a public health officer;

      (i)the premises must have sufficient clean hot and cold water under pressure for the people who engage in food business activities there, or such a supply of clean hot and cold water under pressure as is approved by a public health officer;

      (j)the premises must have a supply of water under pressure of a temperature of at least 75°C for use in cleaning equipment;

      (k)the premises must allow easy access to an adequate number of toilets of an adequate quality, or such a number or quality of toilets as is directed in writing by a public health officer;

      (l)the accessible toilets must be completely cut off from the food premises by cross-ventilation;

      (m)the windows of the premises must be clean and whole, and painted surfaces and woodwork must be kept clean;

      (n)the interior surfaces of walls and ceilings of the premises must be kept adequately painted with washable paint, or treated and maintained in a way approved by a public health officer;

      (o)the floor of the premises must be covered with impervious materials;

      (p)the premises must have drainage installed so that liquids drain into a floor waste;

      (q)the walls of the premises must be lined.

      Maximum penalty:  10 penalty units.

    1. Food premises—structure

    2. A public health officer may, in writing, direct the proprietor of a food business to take reasonable steps to ensure that food premises comply with regulation 21.

    3. The proprietor of a food business must not, without reasonable excuse, fail to comply with a direction under subregulation (1).

      Maximum penalty:  10 penalty units.

    4. Animals on food premises

    5. The proprietor of a food business must not allow an animal on any food premises.

      Maximum penalty:  10 penalty units.

    6. Subregulation (1) does not apply to—

      (a)an animal trained to assist a person to alleviate the effect of a disability that is accompanying a person with the disability (other than a person engaged in food business activity on the premises); or

      (b)an aquatic animal.

    Part 7Transport

    1. Vehicles and containers—cleanliness

    2. A person must use a clean vehicle and containers for transporting food for sale.

      Maximum penalty:  10 penalty units.

    3. A person must not use a vehicle or container for transporting food for sale that contains anything that would contaminate the food or cause it to deteriorate.

      Maximum penalty:  10 penalty units.

    4. Construction of vehicles

    5. A person must not use a vehicle for transporting food for sale unless—

      (a)it is especially built (or modified) to protect the food from contamination; and

      (b)that is the primary use of the vehicle.

      Maximum penalty:  10 penalty units.

    6. Subregulation (1) does not apply if the food is in a sealed or fully enclosed package and is transported in a separate closed container (for example, a pizza in a box transported in an insulated pouch).

    7. Prohibited vehicles

      A person must not use a vehicle for transporting food for sale that—

      (a)has been used for transporting a dead body; or

      (b)has been used to transport a dog or other animal; or

      (c)in the opinion of a public health officer, based on reasonable grounds, is otherwise objectionable.

      Maximum penalty:  10 penalty units.

    8. Protection of food in transit

    9. A person transporting food for sale that is intended to be consumed in the state in which it is sold must not do so on the exterior of a vehicle unless it is fully enclosed in a container that will protect the food from contamination.

      Maximum penalty:  10 penalty units.

    10. Subregulation (1) does not apply to unprocessed fruit or vegetables.

    11. A person transporting food for sale in a vehicle must not, without reasonable excuse, fail to ensure that while the food is in the vehicle it is kept under temperature control.

      Maximum penalty:  10 penalty units.

    12. Subregulation (3) does not apply to the transport of food for sale by a person with a licence to sell milk by retail, or to the transport of milk or cream by any other proprietor of a food business activity that is concerned with the processing or distribution of milk or cream for sale, before 8 am or after 5 pm on any day.

    13. Display of vendor’s name

      A person transporting food for sale in a vehicle used primarily for that purpose must have the name and licence number of the licensee of the food business conspicuously and indelibly printed on the outside of the vehicle.

      Maximum penalty:  10 penalty units.

    Part 8Food protection

    1. Protecting exposed food

    2. A person selling food intended to be consumed in the state in which it is sold must effectively protect the food from contamination (for example, by storage in covered containers).

      Maximum penalty:  10 penalty units.

    3. Subregulation (1) does not apply to the display of unprocessed fruit or vegetables for sale.

    4. A person must not carry food for sale, or for delivery, through a public place, unless the food is protected as required by subregulation (1).

      Maximum penalty:  10 penalty units.

    5. Unattended food on a counter or bar

    6. The proprietor of a food business must take reasonable steps to ensure that exposed food is not left unattended on a counter or bar (whether for sale or not) in the food premises, unless it is protected from contamination by an adequate cover (for example, a sneeze guard) or another method approved in writing by a public health officer.

      Maximum penalty:  10 penalty units.

    7. Subregulation (1) does not apply to unprocessed fruit or vegetables.

    8. Temperature control

    9. The proprietor of a food business must ensure that equipment for keeping food under temperature control is installed and adequately maintained.

      Maximum penalty:  10 penalty units.

    10. A person responsible for storing food in the course of a food business must not, without reasonable excuse, fail to keep the food under temperature control.

      Maximum penalty:  10 penalty units.

    11. Storage of food

      The proprietor of a food business must take reasonable steps to ensure that food is stored—

      (a)so that it is adequately protected against contamination; and

      (b)if the food is stored outdoors—more than 750mm above the ground.

      Maximum penalty:  10 penalty units.

    12. Protection from vermin and insects

    13. The proprietor of a food business must take reasonable steps to ensure that the food premises are free from insects, vermin and anything else that might contaminate the food.

      Maximum penalty:  10 penalty units.

    14. A person who engages in food business activity must protect the food from insects, vermin and anything else that might contaminate the food.

      Maximum penalty:  10 penalty units.

    15. Packing material

      A person packing food for selling in the state in which it will be consumed must not pack the food so that it touches printed paper, or paper or other material that is dirty.

      Maximum penalty:  10 penalty units.

    16. Extraneous items in food packages

    17. A proprietor of a food business must take reasonable steps to ensure that nothing is placed in a package of food that could contaminate the food, or cause harm in the hands of an adult or child (for example, a metal ornament, a toy that would be toxic if swallowed or a pin).

      Maximum penalty:  10 penalty units.

    18. Subregulation (1) does not prevent a thing being placed in a package of food if—

      (a)it is in a separate sealed container that is reasonably unlikely to be accidentally broken or punctured; and

      (b)the package is large enough to ensure that it would be reasonably unlikely to be swallowed accidentally by an adult or child.

    19. Garbage and food withdrawn from sale

    20. The proprietor of a food business must take reasonable steps to ensure, for all garbage kept indoors on the food premises, that—

      (a)the garbage is contained in a bag or bags and placed in a garbage bin constructed of impervious material with a close‑fitting lid; and

      (b)the contents of the garbage bin are cleared at least once daily or as directed by a public health officer; and

      (c)the garbage bin is thoroughly cleaned at least once weekly or as directed by a public health officer.

      Maximum penalty:  10 penalty units.

    21. The proprietor of a food business must take reasonable steps to ensure, for all garbage kept outside the food premises, that—

      (a)the garbage is contained in a bag or bags and placed in a garbage bin constructed of impervious material with a close‑fitting lid; and

      (b)the contents of the garbage bin are cleared at least once weekly or as directed by a public health officer; and

      (c)the garbage bin is thoroughly cleaned after it is cleared.

      Maximum penalty:  10 penalty units.

    22. The proprietor of a food business must take reasonable steps to ensure that any food withdrawn from sale is immediately—

      (a)put into a bin that is used only for keeping such food; or

      (b)separated from food that is for sale and clearly marked as withdrawn from sale.

      Maximum penalty:  10 penalty units.

    23. Food purported to be withdrawn from sale that is not put into a bin, or separated and marked, as required by subregulation (3) is taken to be exposed for sale.

    24. Waste beer

    25. The proprietor of a food business involving the sale of beer for consumption on the food premises must take reasonable steps to ensure that this regulation is complied with.

      Maximum penalty:  10 penalty units.

    26. There must be a tray under the outlet of any beer tap installed in a bar-room on the premises to catch waste beer that drips from the tap or is spilt.

    27. A tray mentioned in subregulation (2) must be connected and kept connected to the sewerage network by connections approved by a public health officer.

    28. Subregulation (3) applies to a tray installed on or after 6 July 2000.

    29. Subregulation (4) and this subregulation cease to have effect on 6 July 2003.

    30. Waste beer must not be supplied to a person for human consumption.

    31. In this regulation:

      beer includes ale.

      waste beer includes—

      (a)beer derived from overflow or spillage; and

      (b)beer derived from drips from a container or appliance; and

      (c)an unconsumed quantity of beer supplied to a person; and

      (d)a drink containing beer derived from a source mentioned in paragraph (a), (b) or (c).

    32. Re-serving food

      A person must not, in the course of a food business, serve food to a member of the public if the food has been used before or has already been served to someone else.

      Maximum penalty:  10 penalty units.

    Part 9Miscellaneous

    1. Selling by self or as agent or employee

      For these regulations, a person is taken to sell food if the person sells it on his or her own account or as the agent or employee of someone else.


    Dictionary

    (see reg 3)

    authorised medical officer—see the Public Health Act 1997, section 5 (1).

    bar-room means a room where liquor is served to customers for consumption on the premises.

    contamination includes exposure to dust and flies.

    doctor—see the Legislation Act 2001, dictionary, part 1.

    equipment means equipment used in a food business for handling food or keeping food free from contamination, and includes the following:

    (a)storage containers;

    (b)utensils;

    (c)benches, fittings and appliances.

    equipment cleaning method—see regulation 15 (1).

    food business activity means—

    (a)manufacturing, preparing, processing, treating or handling food for sale; or

    (b)selling food.

    food premises, for a food business, means premises used, or intended to be used, for the food business.

    liquor—see the Liquor Act 1975, dictionary.

    sewerage network means the sewerage system for the provision of sewerage services mentioned in the Energy and Water Act 1988, section 3.

    temperature control, for keeping food for a food business, means keeping the food at a temperature of—

    (a)5°C or below, if necessary to minimise the growth of infectious or toxigenic micro-organisms in the food so the microbiological safety of the food is not adversely affected for the time the food is at that temperature; or

    (b)60°C or above, if necessary to minimise the growth of infectious or toxigenic micro-organisms in the food so the microbiological safety of the food is not adversely affected for the time the food is at that temperature; or

    (c)another temperature, if the proprietor demonstrates that keeping the food at this temperature, for the period of time for which it is kept, does not adversely affect the microbiological safety of the food.

    wash means wash with detergent and water.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

      If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.

    2. Abbreviation key

    am = amended ord = ordinance
    amdt = amendment orig = original
    ch = chapter p = page
    cl = clause par = paragraph
    def = definition pres = present
    dict = dictionary prev = previous
    disallowed = disallowed by the Legislative (prev...) = previously
    Assembly prov = provision
    div = division pt = part
    exp = expires/expired r = rule/subrule
    Gaz = Gazette reg = regulation/subregulation
    hdg = heading renum = renumbered
    ins = inserted/added reloc = relocated
    LA = Legislation Act 2001 R[X] = Republication No
    LR = legislation register s = section/subsection
    LRA = Legislation (Republication) Act 1996 sch = schedule
    mod = modified / modification sdiv = subdivision
    num = numbered sub = substituted
    No = number SL  = Subordinate Law
    o = order underlining = whole or part not commenced
    om = omitted/repealed

    1. Legislation history

      Food Regulations 1994 No 4

      notified 28 February 1994
      regs 1-3 commenced 28 February 1994 (reg 2 (1))
      remainder commenced 27 February 1994 (reg 2 (2))

      as amended by

      Food Regulations Amendment 1999 No 18

      notified 16 September 1999
      commenced 16 September 1999 (reg 1)

      Food Regulations Amendment 2000 No 26

      notified 6 July 2000 (Gaz 2000 No 27)
      reg 1 commenced 6 July 2000 (1A s 10B)
      reg 5 (c) commenced 6 October 2000 (reg 1 (2))
      remainder commenced 6 July 2000 (reg 1 (1))

      Food Regulations Amendment 2000 No 29

      notified 4 July 2000 (Gaz 2000 No S35)
      reg 1 commenced 4 July 2000 (IA s 10(B))
      remainder taken to have commenced 1 July 2000 (reg 1)

      Legislation (Consequential Amendments) Act 2001 No 44 pt 157

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)
      pt 157 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)

      Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.21

      notified 5 September 2001 (Gaz 2001 No S65)
      s 1, s 2 commenced 5 September 2001 (IA s 10B)
      amdts 3.276, 3.277 taken to have commenced 6 July 2000

      as repealed by

      Food Act 2001 No 66 sch 2

      notified 10 September 2001 (Gaz 2001 No S66)
      s 1, s 2 commenced 10 September 2001 (IA s 10B)
      sch 2 commenced 10 March 2002 (s 2 and LA s 79)

    2. Amendment history

      Preliminary

      pt 1 hdgins 2000 No 26 reg 3

      Name of regulations

      reg 1sub 1999 No 18 reg 3

      Commencement

      reg 2om R1 LRA (see also Act 2001 No 44 amdt 1.1835)

      Dictionary

      reg 3sub 2000 No 26 reg 4

      Exemptions

      pt 2 hdgins 2000 No 26 reg 4

      Exemptions from licensing requirements

      reg 4am 2000 No 26 reg 5; 2000 No 29 reg 3

      Egg labelling

      pt 3 hdgins 2000 No 26 reg 6

      Sale of eggs

      reg 5ins 1999 No 18 reg 4

      Food safety

      pt 4 hdgins 2000 No 26 reg 7

      Compliance by proprietors

      div 4.1 hdgins 2000 No 26 reg 7

      Proprietor’s obligation to comply

      reg 6ins 2000 No 26 reg 7

      Inspections

      div 4.2 hdgins 2000 No 26 reg 7

      Inspection of food

      reg 7ins 2000 No 26 reg 7

      Food business activity

      div 4.3 hdgins 2000 No 26 reg 7

      Medical examination of food workers

      reg 8ins 2000 No 26 reg 7

      Directions to food workers with transmissible conditions

      reg 9ins 2000 No 26 reg 7

      Transmissible conditions and bandages

      reg 10 ins 2000 No 26 reg 7

      Personal cleanliness

      reg 11 ins 2000 No 26 reg 7

      Contact with food

      reg 12ins 2000 No 26 reg 7

      Equipment

      pt 5 hdgins 2000 No 26 reg 7

      Keeping equipment clean

      reg 13ins 2000 No 26 reg 7

      Prevention of food contamination

      reg 14ins 2000 No 26 reg 7

      Equipment cleaning method

      reg 15ins 2000 No 26 reg 7

      Chipped and cracked equipment

      reg 16ins 2000 No 26 reg 7

      Accessory articles

      reg 17ins 2000 No 26 reg 7

      Water filters

      reg 18ins 2000 No 26 reg 7

      am Act 2001 No 56 amdt 3.276

      regs (2), (3) exp 6 July 2001 (reg 18 (3))

      regs renum R2 LA

      Table linen and condiments

      reg 19ins 2000 No 26 reg 7

      Food premises

      pt 6 hdgins 2000 No 26 reg 7

      Prohibited food premises

      reg 20ins 2000 No 26 reg 7

      Food premises—cleanliness

      reg 21ins 2000 No 26 reg 7

      Food premises—structure

      reg 22ins 2000 No 26 reg 7

      Animals on food premises

      reg 23ins 2000 No 26 reg 7

      Transport

      pt 7 hdgins 2000 No 26 reg 7

      Vehicles and containers—cleanliness

      reg 24ins 2000 No 26 reg 7

      Construction of vehicles

      reg 25ins 2000 No 26 reg 7

      Prohibited vehicles

      reg 26ins 2000 No 26 reg 7

      Protection of food in transit

      reg 27ins 2000 No 26 reg 7

      Display of vendor’s name

      reg 28ins 2000 No 26 reg 7

      Food protection

      pt 8 hdgins 2000 No 26 reg 7

      Protecting exposed food

      reg 29ins 2000 No 26 reg 7

      Unattended food on a counter or bar

      reg 30ins 2000 No 26 reg 7

      Temperature control

      reg 31ins 2000 No 26 reg 7

      Storage of food

      reg 32ins 2000 No 26 reg 7

      Protection from vermin and insects

      reg 33ins 2000 No 26 reg 7

      Packing material

      reg 34ins 2000 No 26 reg 7

      Extraneous items in food packages

      reg 35ins 2000 No 26 reg 7

      Garbage and food withdrawn from sale

      reg 36ins 2000 No 26 reg 7

      Waste beer

      reg 37ins 2000 No 26 reg 7

      am Act 2001 No 56 amdt 3.277

      regs (4), (5) exp 6 July 2003 (reg 37 (5))

      Re-serving food

      reg 38ins 2000 No 26 reg 7

      Miscellaneous

      pt 9 hdgins 2000 No 26 reg 7

      Selling by self or as agent or employee

      reg 39ins 2000 No 26 reg 7

      Dictionary

      dictins 2000 No 26 reg 7

      def authorised medical officer ins 2000 No 26 reg 7

      def bar-room ins 2000 No 26 reg 7

      def contamination ins 2000 No 26 reg 7

      def doctor ins 2000 No 26 reg 7

      def equipment ins 2000 No 26 reg 7

      def equipment cleaning method ins 2000 No 26 reg 7

      def food business activity ins 2000 No 26 reg 7

      def food premises ins 2000 No 26 reg 7

      def liquor ins 2000 No 26 reg 7

      def sewerage network ins 2000 No 26 reg 7

      def temperature control ins 2000 No 26 reg 7

      def the Act ins 2000 No 26 reg 7

      om Act 2001 No 44 amdt 1.1836

      def wash ins 2000 No 26 reg 7

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical.

    Republication No

    Amendments to

    Republication date
    1 SL 2000 No 29 31 October 2000
    2 Act 2001 No 56 28 February 2002

    Unauthorised version prepared by ACT Parliamentary Counsel's Office

    ©  Australian Capital Territory 2002

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