Food Regulations 2003 (TAS)

Food Regulations 2003

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Food Act 2003 .29 September 2003

G. S. M. GREEN

Governor

By His Excellency’s Command,

D. E. LLEWELLYN

Minister for Health and Human Services

1Short titleThese regulations may be cited as the Food Regulations 2003 . 2CommencementThese regulations take effect on the day on which the Food Act 2003 commences. 3InterpretationIn these regulations, Act means the Food Act 2003 . 4Incorporation of Food Standards CodeThe Food Standards Code, as in force from time to time, is incorporated in these regulations. 5Meaning of appropriate enforcement agency in Food Standards CodeThe Director of Public Health or a council is the appropriate enforcement agency for the purposes of the Food Standards Code. 6Infringement notice offences (1) The offences that are created by the sections of the Act specified in Column 2 of the table in Schedule 1 are prescribed offences for the purposes of section 118 of the Act. (2) For the purposes of section 119 of the Act, the prescribed penalty for each of those prescribed offences is the penalty specified opposite that offence in Column 4 of the table in Schedule 1 . 7Statutory Rules rescindedThe Statutory Rules specified in Schedule 2 are rescinded. Schedule 1Infringement Notice Offences

Regulation 6

Column 1	Column 2	Column 3	Column 4
Item	Section	Offence	Penalty (Penalty units)
General description of offence	Natural person	Body corporate
1.	Section 13(1)	Knowingly handling food intended for sale in manner that renders it unsafe	3	10
2.	Section 13(2)	Handling food intended for sale in manner that a person ought reasonably know might render it unsafe	2	6
3.	Section 14(1)	Knowingly selling unsafe food	3	10
4.	Section 14(2)	Selling food that a person ought reasonably know is unsafe	2	6
5.	Section 15(3)	Knowingly selling falsely described food harmful to consumers who rely on the description	3	10
6.	Section 15(4)	Selling food that a person ought reasonably know is falsely described and might be harmful to consumers who rely on the description	2	6
7.	Section 16(1)	Handling food intended for sale in manner that renders it unsafe	2	6
8.	Section 16(2)	Selling unsafe food	2	6
9.	Section 17(1)	Handling food intended for sale in manner that renders it unsuitable	2	6
10.	Section 17(2)	Selling food that is unsuitable	2	6
11.	Section 18(1)	Engaging, in the course of food business, in misleading or deceptive conduct relating to food intended for sale	2	6
12.	Section 18(2)	Causing, in the course of food business, food to be advertised, packaged or labelled with false description	2	6
13.	Section 18(3)	Selling, in the course of food business, food that is packaged or labelled falsely	2	6
14.	Section 19(1)	Selling food, in the course of food business, that does not comply with purchaser’s demand	1	3
15.	Section 20(1)(a)	Selling equipment that renders food unsafe	1	3
16.	Section 20(1)(b)	Selling equipment that puts other equipment in a condition that renders food unsafe	1	3
17.	Section 20(2)	Selling packaging or labelling material that renders food unsafe	1	3
18.	Section 21(1)	Failing to comply with Food Standards Code	2	6
19.	Section 21(2)	Selling food that does not comply with Food Standards Code	2	6
20.	Section 21(3)	Selling or advertising food that is packaged or labelled in manner that contravenes Food Standards Code	2	6
21.	Section 21(4)	Selling or advertising food in manner that contravenes Food Standards Code	2	6
22.	Section 38	Failing to comply with order under Part 3	2	6
23.	Section 42	Failing to comply with requirement of authorised officer	2	6
24.	Section 43	Providing false or misleading information	2	6
25.	Section 44	Interfering, without permission, with seized items	2	6
26.	Section 45(1)	Resisting, obstructing or attempting to obstruct authorised officer	2	2
27.	Section 45(3)	Threatening, intimidating or assaulting authorised officer	2	2
28.	Section 66	Failing to comply with improvement notice or prohibition order	2	6
29.	Section 80	Failing to notify connection between approved laboratory and food business	1	1
30.	Section 84	Conducting food business without giving prior, specified notice to council	1	3
31.	Section 86	Failing to comply with Director’s requirement to register food business	2	6
32.	Section 132	Bribery	2	2

Schedule 2Statutory Rules rescinded

Regulation 7

Food (Infringement Notices) Regulations 1998 (No. 128 of 1998)

Food Regulations 2001 (No. 95 of 2001)

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 8 October 2003

These regulations are administered in the Department of Health and Human Services.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations –

(a) prescribe the offences for which infringement notices may be served under the Food Act 2003 and the relevant penalties; and (b) incorporate the Food Standards Code for the purposes of that Act; and (c) define the appropriate enforcement agency for the purposes of that Code; and (d) rescind regulations that were in force under the Food Act 1998.