Food Act 2003

In this Act, unless the contrary intention appears – accredited laboratory means a laboratory accredited by the National Association of Testing Authorities Australia to carry out the relevant analysis; 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 review body means the Tasmanian Civil and Administrative Tribunal; approved means approved by the Director of Public Health; approved form means a form that – is approved by the Director of Public Health; or contains information approved by the Director of Public Health; authorised officer means a person appointed under Division 3 of Part 8; court means the Magistrates Court;Director of Public Health means the person appointed as Director of Public Health under section 6 of the Public Health Act 1997; enforcement agency means the Director of Public Health or a council; 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 6A; food safety program means a program that complies with the requirements specified in the regulations;Food Safety Standards means the standards contained in Chapter 3 of the Food Standards Code;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; improvement notice means an improvement notice issued under Part 5; 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; mobile structure, in relation to a food business, means a vehicle, trailer, cart, tent, stall, booth, pontoon, table, barbeque, pizza oven, or other mobile structure, that is not permanently fixed to the whole, or part, of a building, structure or land, in, at or from which food is, or is intended to be, handled or sold; occupier includes a person in charge of, or operating, any premises; 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 mobile structure; 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 issued 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 includes – a prison, within the meaning of the Corrections Act 1997; and a detention centre, within the meaning of the Youth Justice Act 1997; and a hospital or nursing home; and any other facility, organisation or entity prescribed in the regulations; public notice means a notice published in the Gazette; 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); regulations means the regulations made and in force under this Act; repealed Act means the Food Act 1998; sample means a sample taken under this Act; 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 within public institutions; or sell for the purpose of resale; this jurisdiction means the State of Tasmania; 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.