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Sale of Food Act 1973

Status:

Current version
as at 16 Jul 2024

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Sale of Food Act 1973

Table of Contents

Long Title

Part 1 PRELIMINARY

1 Short title

2 General interpretation

2A Meaning of "food"

2B Meaning of "food business"

2C Meaning of unsafe food

2D Meaning of unsuitable food

2E Meaning of "sell"

2F Meaning of "non-retail food business"

Part 2 ADMINISTRATION AND ENFORCEMENT

3 Administration of Act and appointment of authorised officers, etc.

4 Power of authorised officers to enter, etc.

5 Power to call for information

6 Power to demand and select and take or obtain samples

7 Power to demand samples of milk or food in course of delivery under contract

8 Any person may have sample analysed

9 (Repealed)

10 Certificate of authorised analyst

Part 2A FOOD SAFETY MEASURES

Division 1 — General provisions

10A Persons to whom directions may be given

10B Content and effect of directions

10C Service of directions under this Part

Division 2 — Directions

10D General corrective action direction

10E Direction to impose movement controls

10F Direction to recall food or food contact article

10G Direction to manage food or food contact article

10H Direction to publish statement

Division 3 — Supplementary provisions

10I Compensation

10J Appeal to Minister

10K Non-compliance with food safety measures

10L Interface with other written laws

Part 3 SALE OF FOOD

11 Adulterated food

12 Food containing prohibited substance

13 Food containing substance in excess of permitted proportion

14 Food containing alcohol, etc.

15 Selling unsafe or unsuitable food

16 Offences concerning labelling

16A Offences involving non-compliant advertising

17 False labelling, etc.

18 Sale of food not of the quality, etc., demanded

19 Sale of food prepared under insanitary conditions

20 Offences under this Part

Part 4 NON-RETAIL FOOD BUSINESS

21 Non-retail food business must be licensed

22 Persons with infectious disease not to carry on business

23 Cleanliness of vehicles, equipment, etc.

24 Offences under this Part, powers of arrest and notice to attend court

Part 5 PRESUMPTIONS OF LAW

25 Adulteration

26 Liability of importer, packer or manufacturer

27 Sale by agent or employee

28 Presumptions as to sale for human consumption

Part 6 LEGAL PROCEEDINGS

29 Jurisdiction of court

30 Proceedings for offences

31 No defence that purchaser bought for analysis

32 No defence that offence not wilfully committed

33 Reliance on written warranty a good defence

34 Authorised analyst’s certificate to be prima facie evidence

35 (Repealed)

36 Non-disclosure of information

37 Recovery of fees and other expenses incidental to prosecution

38 Fees, etc., payable to Agency

39 Appeal

Part 7 SUPPLEMENTARY PROVISIONS

40 Sale of prohibited food contact article

41 Obstruction of authorised officers and interference with official marks

42 Forfeiture of food or food contact article upon conviction

43 Notification of conviction

44 Service of summons, notice, etc.

45 Appeal to Minister against notice, order or decision

46 Licences

47 Notices, receipts, etc., may be given by authorised officer

48 Police officers and authorised officers may demand names and addresses in certain cases

49 General penalties

50 Composition of offences

51 Inaccuracies in documents

52 Evidence

53 Forms

54 Exemption from Act

55 Administrative exemption from Act

56 Regulations

Legislative History

Abbreviations

Comparative Table

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Table Of Contents

Sale of Food Act 1973

Status:

Current version
as at 16 Jul 2024

Please check the legislation timeline to ensure that you are viewing the correct legislation version. See also FAQ B3.

Subsidiary Legislation
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Timeline

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Provision

Versions

or

find current version as at

01 Jun 2024

Amended by
Act 12 of 2023
01 Nov 2022

Amended by
Act 31 of 2022
31 Dec 2021

2020 RevEd
02 Jan 2021

Amended by
Act 40 of 2019
01 Apr 2019

Amended by
Act 11 of 2019
01 Feb 2018

Amended by
Act 48 of 2017
31 Dec 2002

2002 RevEd
01 Jul 2002

Amended by
Act 7 of 2002
30 Mar 1987

1985 RevEd

31 Dec 2021

2020 RevEd
31 Dec 2002

2002 RevEd

Table of Contents

Sale of Food Act 1973
Long Title Part 1 PRELIMINARY

2 General interpretation

2A Meaning of "food"

2B Meaning of "food business"

2C Meaning of unsafe food

2D Meaning of unsuitable food

2E Meaning of "sell"

2F Meaning of "non-retail food business"

Part 2 ADMINISTRATION AND ENFORCEMENT

3 Administration of Act and appointment of authorised officers, etc.

4 Power of authorised officers to enter, etc.

5 Power to call for information

6 Power to demand and select and take or obtain samples

7 Power to demand samples of milk or food in course of delivery under contract

8 Any person may have sample analysed

10 Certificate of authorised analyst

Part 2A FOOD SAFETY MEASURES Division 1 — General provisions

10A Persons to whom directions may be given

10B Content and effect of directions

10C Service of directions under this Part

Division 2 — Directions

10D General corrective action direction

10E Direction to impose movement controls

10F Direction to recall food or food contact article

10G Direction to manage food or food contact article

10H Direction to publish statement

Division 3 — Supplementary provisions

10I Compensation

10J Appeal to Minister

10K Non-compliance with food safety measures

10L Interface with other written laws

Part 3 SALE OF FOOD

11 Adulterated food

12 Food containing prohibited substance

13 Food containing substance in excess of permitted proportion

14 Food containing alcohol, etc.

15 Selling unsafe or unsuitable food

16 Offences concerning labelling

16A Offences involving non-compliant advertising

17 False labelling, etc.

18 Sale of food not of the quality, etc., demanded

19 Sale of food prepared under insanitary conditions

20 Offences under this Part

Part 4 NON-RETAIL FOOD BUSINESS

21 Non-retail food business must be licensed

22 Persons with infectious disease not to carry on business

23 Cleanliness of vehicles, equipment, etc.

24 Offences under this Part, powers of arrest and notice to attend court

Part 5 PRESUMPTIONS OF LAW

25 Adulteration

26 Liability of importer, packer or manufacturer

27 Sale by agent or employee

28 Presumptions as to sale for human consumption

Part 6 LEGAL PROCEEDINGS

29 Jurisdiction of court

30 Proceedings for offences

31 No defence that purchaser bought for analysis

32 No defence that offence not wilfully committed

33 Reliance on written warranty a good defence

34 Authorised analyst’s certificate to be prima facie evidence

36 Non-disclosure of information

37 Recovery of fees and other expenses incidental to prosecution

38 Fees, etc., payable to Agency

Part 7 SUPPLEMENTARY PROVISIONS

40 Sale of prohibited food contact article

41 Obstruction of authorised officers and interference with official marks

42 Forfeiture of food or food contact article upon conviction

43 Notification of conviction

44 Service of summons, notice, etc.

45 Appeal to Minister against notice, order or decision

47 Notices, receipts, etc., may be given by authorised officer

48 Police officers and authorised officers may demand names and addresses in certain cases

49 General penalties

50 Composition of offences

51 Inaccuracies in documents

54 Exemption from Act

55 Administrative exemption from Act

Legislative History Abbreviations Comparative Table

Sale of Food Act 1973

Status:

Current version as at 16 Jul 2024

Timeline
Subsidiary Legislation
Amendment Annotation

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Document
Provision

30 Mar 1987

1985 RevEd
01 Jul 2002

Amended by
Act 7 of 2002
31 Dec 2002

2002 RevEd
01 Feb 2018

Amended by
Act 48 of 2017
01 Apr 2019

Amended by
Act 11 of 2019
02 Jan 2021

Amended by
Act 40 of 2019
31 Dec 2021

2020 RevEd
01 Nov 2022

Amended by
Act 31 of 2022
01 Jun 2024

Amended by
Act 12 of 2023

Versions

or find current version as at

31 Dec 2002

2002 RevEd
31 Dec 2021

2020 RevEd

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False labelling, etc.

17. A person must not sell any food which is labelled or advertised in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its value, merit or safety.

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Last updated 16 Jul 2024
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