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s 5

Meaning of food

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Part 1Preliminary

5 Meaning of food

(1)

In this Act—

food includes—

(a)

any substance or thing of a kind used, or represented as being for use, for human consumption (whether it is live, raw, prepared or partly prepared); or

(b)

any substance or thing of a kind used, or represented as being for use, as an ingredient or additive in a substance or thing referred to in paragraph (a); or

(c)

any substance used in preparing a substance or thing referred to in paragraph (a) (other than a substance used in preparing a living thing) if it comes into direct contact with the substance or thing referred to in that paragraph, such as a processing aid; or

(d)

chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum; or

(e)

any other substance or thing declared to be food under a declaration in force under section 6 of the

Food Standards Australia New Zealand

Act 1991 of the Commonwealth and prescribed by the regulations for the purposes of this paragraph, whether or not the substance, thing or chewing gum is in a condition fit for human consumption.

(2)

However, food does not include a therapeutic good within the meaning of the Therapeutic Goods

Act 1989 of the Commonwealth.

(3)

To avoid doubt, food may include live animals and plants.

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