Pure Food (Amendment) Act 1969 (NSW)
PURE FOOD (AMENDMENT) ACT.
ANNO OCTAVO DECIMO
ELIZABETHS II REGINS
Act No. 79, 1969.
An Act to increase certain penalties for offences under the Pure Food Act, 1908, and certain regulations thereunder; to make provision for prohibiting the use of food stores, food vehicles and certain appliances that are in an unclean or insanitary condition; for these and other purposes to amend the Pure Food Act, 1908; and for purposes connected therewith. [Assented to, 3rd December, 1969.]
BE
Pure Food {Amendment).
|> t it enacted by tlie Queen's Most Excellent Majesty, b> n o . 79, 1969
and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parhament assembled, and by the authority of the same, as follows: —
1. This Act may be cited as the “Pure Food short title.
(Amendment) Act, 1969”.
| 2. | The Pure Food Act, 1908, is amended— | Amendment of Act No, 31,1908. |
| (a) | by omitting from section thirty-five the words Sec. 35. “twenty dollars” and by inserting in lieu thereof the (Analysis | |
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(b) (i) by omitting from subsection one of section Sec. 36. thirty-six the words “one hundred dollars” and (Penalty by inserting in lieu thereof the words “five against"*̂ *
| hundred dollars” ; | this Act.) |
(ii) by omitting from the same subsection the words “two hundred dollars” and by inserting in lieu thereof the words “one thousand dollars” ;
(iii) by omitting from the same subsection the words “five hundred dollars” and by inserting in lieu thereof the words “two thousand dollars” ;
| (c) | by omitting from section thirty-seven the words Sec. 37. “forty dollars” and by inserting in lieu thereof the (interfer- words “five hundred dollars” ; |
marks or
seals.)
| (d) | by omitting from section thirty-eight the words Sec. 38. |
“forty dollars” and by inserting in lieu thereof the
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(e)
Pure Food {Amendment).
| No. 79, 1969 | (e) | by inserting in subsection one of section thirty-nine |
| Sec. 39. | after the words “this Act” the words “or the | |
| (Forfeiture | regulations” ; |
| of articles of food or appliance.) Sec. 39a. | (f) (i) by inserting in subsection one of section 39a |
| (Power to |
| prohibit | after the word “Act” the words “or the |
| carrying on | regulations” ; |
| of business |
| by persons | (ii) by omitting from subsection three of the same |
| convicted of | section the words “two hundred dollars” and |
| offence | |
| against Act | by inserting in lieu thereof the words “one |
| or regula | thousand dollars” ; |
| tions.) |
| Sec. 51. | (g) (i) by omitting from subsection three of section |
| (Power to |
| require | fifty-one the words “forty dollars” and by |
| information | inserting in lieu thereof the words “five |
| to be made | |
| available.) | hundred dollars” ; |
(ii) by omitting from subsection four of the same section the words “one hundred dollars” and by inserting in lieu thereof the words “five hundred dollars” ;
New sec.
| 51 A. | (h) by inserting next after section fifty-one the following new section :— |
| Power to | 51a. (1 ) In this section— |
| close dirty | |
| food stores, | “Director-General” means the Director-General of Public Health and includes a person acting as Director-General of Public Health; |
| etc. | |
| “food store” means any place or part of a place kept or used for the sale or storage, manufacture or preparation for sale of any food or drug; | |
| “food vehicle” means any vehicle kept or used for the delivery or conveyance for sale of any food or drug; | |
| “proprietor”— |
| (a) | in relation to a food store, means the owner or, where the owner is not the occupier, the occupier of the food |
store
Pure Food {Amendment).
store and includes any person in No. 79,1969
charge or apparently in charge of
the food store;
| (b) | in relation to a food vehicle, means— |
(i) where the vehicle is not the subject of a hire-purchase agreement, the owner; or
(ii) where the vehicle is the subject of a hire-purchase agreement, the bailee under that agreement,
and includes any person in charge or apparently in charge of the vehicle; and
(c) in relation to an appliance, means—
(i) where the appliance is in a food store, the proprietor of the food store; and
(ii) where the appliance is in a food vehicle, the proprietor of the food vehicle.
| (2) | Where the Director-General is satis |
fied, by his own inspection or by the report of an officer, that any food store, food vehicle or appliance is in an unclean or insanitary condition, he may, by instrument in writing served on the proprietor of the food store, food vehicle or appliance, order that the food store, food vehicle or appliance be put into a clean and sanitary condi tion, to the satisfaction of an officer, within a period of twenty-four hours after the service of the instrument on the proprietor.
(3)
Pure Food {Amendment).
| No. 79, 1969 | (3) If, after the expiration of that period, the Director-General is not satisfied that the food store, food vehicle or appliance to which the order relates has been put into a clean and sanitary condi tion, the Director-General may, by instrument in writing served on the proprietor of the lood store, food vehicle or appliance, as the case may be. order that— |
| (a) | the food store shall not be kept or used for the sale or storage, manufacture or prepara tion for sale of any food or drug; |
| (b) | the food vehicle shall not be kept or used for the delivery or conveyance for sale of any food or drug; or |
| (c) | the appliance shall not be used in or for the making, manufacturing, keeping, preserv ing, preparing, handling, serving or supply ing of any food or drug, |
until an officer has given to the proprietor of the food store, food vehicle or appliance, as the case may be, a certificate in writing certifying that the food store, food vehicle or appliance has been put into and is in a clean and sanitary condition.
(4) The proprietor of a food store, food vehicle or appliance on whom an order under sub section three of this section is served may at any time after the order has been served request, in writ ing, the Director-General to cause the food store to be inspected by an officer or the food vehicle or appliance to be so inspected at a place specified in the request.
(5) Where a request is so made and the food store, food vehicle or appliance to which the request relates is inspected by an officer within a period of twenty-four hours after the receipt of the
request
Pure Food (^Amendment).
request by the Director-General and the officer mak- No. 79, 1969
ing the inspection refuses to give to the proprietor
a certificate under subsection three of this section
in respect of the food store, food vehicle or
appliance, the proprietor may appeal against the
refusal, in the manner prescribed by rules of court,
to the District Court for the district in which the
food store is situated or in which is situated the
place at which he requested the food vehicle or
appliance to be inspected.
| (6) | Where a request is so made and the |
food store, food vehicle or appliance to which the request relates is not inspected by an officer within a period of twenty-four hours after the receipt of the request by the Director-General, a certificate in respect of the food store, food vehicle or appliance shall be deemed, for the purposes of subsection seven of this section, to have been given to the proprietor under subsection three of this section.
| (7) | Where an order under subsection three |
of this section has been served on the proprietor of
a food store, food vehicle or appliance and—
| (a) | a certificate in respect thereof has not | ||||
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subsection; or
| (b) | an appeal under subsection five of this section against the refusal of an officer to give such a certificate has not been allowed, |
any person who—
| (c) | keeps or uses the food store for the sale oi storage, manufacture or preparation for sale of any food or drug; |
Pure Food {^Amendment).
| No. 79, 1969 | (d) keeps or uses the food vehicle for the delivery or conveyance for sale of any food or drug; or | |
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shall be guilty of an offence against this Act and liable to a penalty not exceeding two thousand dollars or to imprisonment for a term not exceed ing six months, or to both such penalty and imprisonment.
| ( 8) | An appeal under subsection five of this |
section shall be in the nature of a rehearing but shall not operate to stay the order made by the Director-General under subsection three of this section or affect the liability of any person for an offence under subsection seven of this section.
(9) The costs of an appeal under subsec tion five of this section shall be in the discretion of the court.
(10) An order under subsection two or
three of this section may be made with respect to—
| (a) | any food store or food vehicle specified in the order; |
| (b) | any food store or food vehicle so specified and all appliances contained therein or any appliances so specified and contained therein; or |
| (c) | any appliance so specified or all appliances contained in a food store or food vehicle so specified. |
(i)
Pure Food {Amendment).
(i) (i) by omitting from subsection one of section No. 79,1969
fifty-four the words “prescribing penalties” and
by inserting in lieu thereof the words “prescrib- (Regulations
ing, in respect of the contravention of any made on
regulation relating to the keeping of premises, datiM*of”'
food or appliances in a clean condition or free advisory
from vermin, penalties not exceeding five
hundred dollars for the first offence, not
exceeding one thousand dollars for the second
offence and not exceeding two thousand dollars
or imprisonment for a term of six months or
both such penalty and imprisonment for a
subsequent offence, and a continuing penalty
not exceeding fifty dollars per diem and, in
respect of the contravention of any other
regulation, penalties” ;
(ii) by omitting from the same subsection the
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| of the regulations”. |
SOLICITOR
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