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9 (Repealed)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35 (Repealed)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