Food Act 2001

In this Act, unless the contrary intention appears—

advertisement means—

any words, whether written or spoken; or

any pictorial representation or design; or

any other representation by any means at all, used or apparently used to promote, directly or indirectly, the sale of food;

analysis includes any examination or testing of food or any other thing;

animal includes an amphibian, bird, crustacean, fish, mollusc or reptile;

appropriate enforcement agency means, in relation to the provision in which the expression is used, the enforcement agency prescribed by the regulations for the purposes of that provision;

approved form means the form approved from time to time by the relevant authority;

approved laboratory means a laboratory approved under Division

3 of

Part

6;

authorised officer means a person appointed under Division

3 of

Part

9;

business day means a day that is not a Saturday,

Sunday or Public Holiday;

council means—

a council under the Local Government

Act 1999; or

a body established by a council or councils under the

Local Government Act 1999;

enforcement agency means—

the relevant authority; or

any person or body, or a person or body within a class of persons or bodies, prescribed by the regulations for the purposes of this definition;

equipment means the whole or part of—

any utensil, machinery, instrument, device, apparatus or appliance that is used, or that is designed or intended for use, in or in connection with the handling of food; or

any substance, utensil, machinery, instrument, device, apparatus or appliance that is used, or that is designed or intended for use, in cleaning anything referred to in paragraph (a);

examine includes weigh, count, test or measure;

food has the meaning given by section 5;

food business has the meaning given by section 6;

food safety auditor means a person approved under Division

1 of

Part

7;

Food Safety Standards means the standards contained in Chapter 3 of the Food Standards Code;

Food Standards Australia New Zealand means Food

Standards Australia New Zealand under the Food Standards Australia New Zealand

Act 1991 of the Commonwealth;

Food Standards Code means the

Australia New Zealand Food Standards

Code as defined in the Food Standards Australia New Zealand

Act 1991 of the Commonwealth, as adopted or incorporated by the regulations;

food transport vehicle means a vehicle used for the transport of food for sale (or of food ultimately intended for sale);

handling of food includes the making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food;

head of an enforcement agency means the person prescribed by the regulations as the head of an enforcement agency for the purposes of this definition;

improvement notice means an improvement notice issued under Part

5;

this jurisdiction means the State of South

Australia;

label includes any tag, brand, mark or statement in writing or any representation or design or other descriptive matter on or attached to or used or displayed in connection with or accompanying any food or package;

LGA means the Local Government Association of

South Australia;

package includes any container or wrapper in or by which food intended for sale is wholly or partly encased, covered, enclosed, contained or packed and, in the case of food carried or sold or intended to be carried or sold in more than one package, includes every such package;

premises includes—

land (whether or not vacant); or

the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); or

a pontoon; or

a vehicle (other than a food transport vehicle while it is engaged in the transport of food);

primary food production has the meaning given by section 7;

prohibition order means a prohibition order made under Part

5;

proprietor of a food business means—

the person carrying on the food business; or

if that person cannot be identified—the person in charge of the food business;

public institution means an institution, or an institution within a class of institutions, prescribed by the regulations for the purposes of this definition;

recall order means an order under

Part

3 requiring the recall or disposal, or both, of any food;

record means a record of any kind, including a disk, tape or other article from which information is capable of being reproduced (with or without the aid of another article or device);

relevant authority means the Minister and includes, if the regulations so provide in relation to a provision in which the expression is used, a person or body, or a person or body within a class of persons or bodies, prescribed by the regulations for the purposes of that provision;

sell includes—

barter, offer or attempt to sell; or

receive for sale; or

have in possession for sale; or

display for sale; or

cause or permit to be sold or offered for sale; or

send, forward or deliver for sale; or

dispose of by any method for valuable consideration;

or

dispose of to an agent for sale on consignment; or

provide under a contract of service; or

supply food as a meal or part of a meal to an employee, in accordance with a term of an award governing the employment of the employee or a term of the employee's contract of service, for consumption by the employee at the employee's place of work; or

dispose of by way of raffle, lottery or other game of chance;

or

offer as a prize or reward; or

give away for the purpose of advertisement or in furtherance of trade or business; or

supply food under a contract (whether or not the contract is made with the consumer of the food), together with accommodation, service or entertainment, in consideration of an inclusive charge for the food supplied and the accommodation, service or entertainment; or

supply food (whether or not for consideration) in the course of providing services to patients or inmates in public institutions;

or

sell for the purpose of resale;

Tribunal means the South Australian Civil and

Administrative Tribunal established under the South Australian Civil and Administrative Tribunal

Act 2013;

unsafe has the meaning given by section 8;

unsuitable has the meaning given by section 9;

vehicle means any means of transport, whether self-propelled or not, and whether used on land or sea or in the air.

For the purposes of this Act, food or equipment that is displayed for the purpose of being offered as a prize or reward or given away for the purpose of advertisement or in the furtherance of trade or business is taken to have been displayed for sale by the owner of the food or equipment.

Notes included in this Act are explanatory notes and do not form

part of this Act.