1Purpose

The purpose of this Act is to—

(a)

remove the price and supply controls on milk;

S. 1(b) substituted by No. 16/2026 s. 68.

(b)

confer certain functions in relation to dairy food on Safe Food Victoria;

(c)

provide a licensing system for the dairy industry;

S. 1(ca) inserted by No. 16/2026 s. 81(a).

(ca)

regulate foods that have not traditionally been produced or processed for human consumption in Victoria or that are produced or processed using new technologies;

S. 1(d) amended by No. 16/2026 s. 81(b).

(d)

enable Codes of Practice and food safety programs to be implemented in relation to dairy food and other foods regulated under this Act;

(e)

repeal the Dairy Industry Act 1992.

2Commencement

(1)

This Part comes into operation on the day after the day on which this Act receives the Royal Assent.

(2)

The remaining provisions of this Act come into operation on a day or days to be proclaimed.

3Definitions

In this Act—

authorised officer means any person appointed under section 43;

S. 3 def. of Authority amended by No. 16/2026 s. 69(a).

Authority means Safe Food Victoria within the meaning of section 3 of the Safe Food Victoria Act 2026;

S. 3 def. of Chairperson repealed by No. 16/2026 s. 69(b).

* * * * *

Code of Practice means a Code of Practice made under section 31;

Commonwealth Act has the same meaning as in section 63A of the Food Act 1984;

dairy distribution premises means any premises where packaged dairy food is sold or distributed other than—

(a)

dairy manufacturing premises; or

(b)

premises used only for retail purposes;

S. 3 def. of dairy distributor substituted by No. 24/2003 s. 87(a), amended by No. 69/2004 s. 37(a).

dairy distributor means a person—

(a)

who is the owner of a business that operates a dairy distribution premises; or

(b)

who purchases dairy food for the purposes of distribution and sale;

S. 3 def. of dairy farm substituted by No. 40/2019 s. 5(a).

dairy farm means any premises where an animal is kept or milked for the purpose of producing milk for profit or sale;

S. 3 def. of dairy farmer amended by No. 69/2004 s. 37(b).

dairy farmer means the owner of a business that operates a dairy farm;

S. 3 def. of dairy food amended by No. 24/2003 s. 87(b).

dairy food means—

(a)

milk and liquid milk products;

(b)

dried milk and dried milk products;

(c)

condensed milks;

(d)

cream and cream products;

(e)

butter, butter products, dairy blend and dairy spreads;

(f)

cheese and cheese products;

(g)

yoghurt and yoghurt products;

(h)

ice cream, reduced fat ice cream and low fat ice cream;

(ha)

colostrum and products derived from colostrum;

(i)

any other product or class of products declared by a determination to be dairy food—

but does not include any product or class of product declared by a determination not to be dairy food;

dairy food carrier means the owner of any business engaged in the transport of dairy food in a bulk container;

S. 3 def. of dairy industry licence amended by No. 16/2026 s. 82(b).

dairy industry licence means a licence issued by the Authority under Part 3 to a person to commence or conduct business as a—

(a)

dairy farmer;

(b)

dairy manufacturer;

(c)

dairy food carrier;

(d)

dairy distributor;

dairy premises means—

(a)

a dairy farm;

(b)

a dairy manufacturing premises;

(c)

a dairy distribution premises;

dairy manufacturing premises means any premises where—

(a)

milk is received direct from a dairy farm; or

(b)

dairy food is manufactured or packed;

S. 3 def. of dairy manufacturer amended by No. 69/2004 s. 37(c).

dairy manufacturer means the owner of a business that operates a dairy manufacturing premises;

dairy transport vehicle means any vehicle used principally to transport dairy food in a bulk container;

S. 3 def. of declared food inserted by No. 16/2026 s. 82(a).

declared food means any food or class of food declared by the Minister under section 21B;

S. 3 def. of declared food licence inserted by No. 16/2026 s. 82(a).

declared food licence means a licence issued by the Authority under Part 3 to a person to commence or conduct a business that operates declared food premises;

S. 3 def. of declared food premises inserted by No. 16/2026 s. 82(a).

declared food premises means premises used to produce, manufacture or distribute a declared food;

S. 3 def. of Department amended by Nos 56/2003 s. 11(Sch. item 5), 70/2013 s. 4(Sch. 2 item 10), substituted by No. 22/2022 s. 50, amended by No. 41/2025 s. 4(Sch. 2 item 9).

Department means Department of Energy, Environment and Climate Action;

determination means a determination made by the Authority under this Act;

Food Standards Code has the same meaning as in section 63A of the Food Act 1984;

ice cream has the same meaning as in the Food Standards Code;

S. 3 def. of licensee amended by No. 16/2026 s. 82(c).

licensee means the holder of a regulated food licence;

low fat ice cream has the same meaning as in the Food Standards Code;

manufacture includes prepare or process;

S. 3 def. of member repealed by No. 16/2026 s. 69(b).

* * * * *

S. 3 def. of milk substituted by No. 40/2019 s. 5(b).

milk means the mammary secretion of any milking animal;

Minister means the Minister for the time being administering this Act;

owner in relation to any premises—

(a)

includes in any case, the—

(i)

occupier; or

(ii)

person in charge or apparently in charge; or

(iii)

owner's agent; or

(iv)

owner's manager; and

(b)

in the case of a body corporate or unincorporate, also includes the manager, secretary or other controlling officer of that body;

package means anything in or by which food is wholly or partly cased, covered, enclosed, contained or packed;

person includes a body or association (corporate or unincorporate) and a partnership;

premises includes—

(a)

a building or part of a building;

(b)

a tent, stall or other structure whether permanent or temporary;

(c)

land whether or not appurtenant to a building;

prescribed means prescribed by the regulations or a Code of Practice;

reduced fat ice cream has the same meaning as in the Food Standards Code;

S. 3 def. of regulated food inserted by No. 16/2026 s. 82(a).

regulated food means—

(a)

dairy food; and

(b)

declared food;

S. 3 def. of regulated food licence inserted by No. 16/2026 s. 82(a).

regulated food licence means—

(a)

a dairy industry licence; or

(b)

a declared food licence;

S. 3 def. of regulated premises inserted by No. 16/2026 s. 82(a).

regulated premises means—

(a)

dairy premises; or

(b)

declared food premises;

regulations means regulations made under this Act;

S. 3 def. of Safe Food Victoria CEO inserted by No. 16/2026 s. 69(c).

Safe Food Victoria CEO means the chief executive officer within the meaning of section 3 of the Safe Food Victoria Act 2026;

S. 3 def. of Safe Food Victoria chairperson inserted by No. 16/2026 s. 69(c).

Safe Food Victoria chairperson means the chairperson within the meaning of section 3 of the Safe Food Victoria Act 2026;

S. 3 def. of Safe Food Victoria staff inserted by No. 16/2026 s. 69(c).

Safe Food Victoria staff has the same meaning as in section 3 of the Safe Food Victoria Act 2026;

S. 3 def. of Secretary to the Department of Health inserted by No. 29/2010 s. 55(1).

Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;

S. 3 def. of sell substituted by No. 24/2003 s. 87(c).

sell, for the purposes of this Act, has the same meaning as sell has in relation to food under section 4(1) of the Food Act 1984;

substance includes a mixture or compound;

S. 3 def. of test amended by No. 16/2026 s. 82(d).

test means to determine the safety, content or constituents of regulated food;

vehicle means a conveyance designed to be propelled or drawn by any means whether or not capable of being so propelled or drawn, and includes cart, caravan, bicycle, railway carriage, tram-car, ship, boat, barge, vessel, aircraft and air-cushion vehicle.

Pt 2 (Heading) amended by No. 16/2026 s. 70.

Part 2—The Authority

Ss 4, 5 repealed by No. 16/2026 s. 71.

* * * * *

S. 6 amended by No. 16/2026 s. 72(a).

6Functions of the Authority

The functions of the Authority under this Act are to—

(a)

establish, maintain and improve—

S. 6(a)(i) amended by No. 16/2026 s. 83.

(i)

the food safety standards of regulated food;

(ii)

the standards of construction and hygiene of plant and equipment in a dairy manufacturing premises;

(iii)

the standards of maintenance, cleanliness and hygiene of dairy transport vehicles;

(b)

monitor and review the standards specified in paragraph (a);

(c)

approve and monitor the implementation of food safety programs;

(d)

administer the licensing system under Part 3;

(e)

ensure that appropriately qualified persons are appointed as authorised officers;

(f)

fix and charge fees in respect of the carrying out of its functions or the exercise of its powers;

S. 6(g) amended by No. 29/2010 s. 55(2).

(g)

in consultation with the Secretary to the Department of Health or a municipal council, protect public health;

(h)

advise the Minister on matters relating to the administration of this Act;

S. 6(i) amended by No. 16/2026 s. 72(b).

(i)

carry out any other function that is conferred on the Authority by this Act.

Ss 7–10 repealed by No. 16/2026 s. 73.

* * * * *

S. 11 amended by No. 44/2024 s. 3, repealed by No. 16/2026 s. 73.

* * * * *

S. 12 amended by Nos 108/2004 s. 117(1) (Sch. 3 item 51.1), 80/2006 s. 26(Sch. item 23), repealed by No. 16/2026 s. 73.

* * * * *

Ss 13–16 repealed by No. 16/2026 s. 73.

* * * * *

S. 17 amended by No. 40/2019 s. 6, substituted by No. 16/2026 s. 74.

17Delegation

The Authority, by instrument, may delegate any of its functions, duties or powers under this Act or the regulations (other than this power of delegation) to—

(a)

the Safe Food Victoria CEO; or

(b)

a specified member of Safe Food Victoria staff (by name or position); or

(c)

each member of a specified class of Safe Food Victoria staff; or

(d)

an authorised officer.

S. 18 amended by Nos 108/2004 s. 117(1) (Sch. 3 item 51.2), 22/2022 s. 51, repealed by No. 16/2026 s. 75.

* * * * *

Ss 19, 20 repealed by No. 16/2026 s. 75.

* * * * *

S. 21 repealed by No. 44/2024 s. 4.

* * * * *

S. 21A inserted by No. 22/2004 s. 5.

21AMinister to ensure tabling of report

The Minister must ensure that any annual report of the Geoffrey Gardiner Dairy Foundation Ltd ACN 094 733 418 that the Minister receives is tabled in each House of Parliament within 10 sitting days after the day that he or she receives the report.

Pt 3 (Heading) substituted by No. 16/2026 s. 84.

Part 3—Regulated food licences

S. 21B inserted by No. 16/2026 s. 85.

21BDeclared foods

(1)

The Minister may declare a food or class of food for the purposes of this Act if—

(a)

the food or class of food is permitted for sale under Part 1.5 of the Food Standards Code; or

(b)

the Minister is satisfied that the food or class of food—

(i)

has not traditionally been produced or processed for human consumption in Victoria; or

(ii)

is to be produced or processed using new technologies.

(2)

Subsection (1) does not apply to—

(a)

meat regulated under the Meat Industry Act 1993; or

(b)

seafood regulated under the Seafood Safety Act 2003.

22Certain businesses and vehicles to be licensed

(1)

A person must not commence or conduct business as a—

(a)

dairy farmer;

(b)

dairy manufacturer;

(c)

dairy food carrier;

(d)

dairy distributor—

unless that person holds a current and valid dairy industry licence in respect of the business.

120 penalty units.

Note to s. 22(1) inserted by No. 13/2013 s. 16(1).

Note

Section 55C applies to an offence against this subsection.

S. 22(1A) inserted by No. 16/2026 s. 86.

(1A)

A person must not commence or conduct a business that operates declared food premises unless that person holds a current and valid declared food licence in respect of the business.

Penalty: 120 penalty units.

Note

Section 55C applies to an offence against this subsection.

(2)

A person must not—

(a)

own a dairy transport vehicle which is used or intended to be used to transport dairy food in bulk; or

(b)

use a dairy transport vehicle to transport dairy food in bulk—

unless there is a current and valid dairy industry licence in respect of the dairy transport vehicle or unless there is a dairy industry licence or corresponding authority in force under this Act or any corresponding law of another State or Territory of the Commonwealth in respect of the dairy transport vehicle.

120 penalty units.

Note to s. 22(2) inserted by No. 13/2013 s. 16(2).

Note

Section 55A applies to an offence against paragraph (a) and section 55C applies to an offence against paragraph (b).

S. 22A inserted by No. 69/2004 s. 38.

22AExemptions from licensing requirement

S. 22A(1) amended by No. 16/2026 s. 87(1)(a).

(1)

The Authority may, in writing, exempt a person from the requirement to hold a regulated food licence if—

(a)

the person—

(i)

is the proprietor of a food business that operates at, on or from a food premises that is registered under Part VI of the Food Act 1984 and that registration is in force; or

(ii)

holds a current and valid licence under Part 4 of the Meat Industry Act 1993; or

(iii)

holds a current and valid licence under Part 3 of the Seafood Safety Act 2003; and

(b)

it is a requirement of the relevant Act referred to in paragraph (a) that there is in place a quality assurance program or food safety program in relation to the food produced or handled in the business of the person; and

S. 22A(1)(c) amended by No. 16/2026 s. 87(1)(b).

(c)

in the opinion of the Authority, the person's program adequately covers regulated food safety in relation to any regulated food dealt with in the business of the person.

S. 22A(1A) inserted by No. 16/2026 s. 87(2).

(1A)

The Authority may, in writing, exempt a person from the requirement to hold—

(a)

a dairy industry licence if the person holds a current and valid declared food licence; or

(b)

a declared food licence if the person holds a current and valid dairy industry licence.

S. 22A(2) amended by No. 16/2026 s. 87(3).

(2)

An exemption under subsection (1) or (1A) may be granted by the Authority to a person or to a class of person—

(a)

on the Authority's own motion or on the application of a person on the person's behalf or on behalf of a class of person; and

(b)

on payment by a person of any fee fixed in respect of an application for exemption.

S. 22A(3) amended by No. 16/2026 s. 87(3).

(3)

The Authority may, in writing, amend, vary or revoke an exemption granted under subsection (1) or (1A).

S. 23 (Heading) amended by No. 16/2026 s. 88(1).

23Application for a regulated food licence

S. 23(1) amended by No. 16/2026 s. 88(2).

(1)

An application for the issue, renewal or transfer of a regulated food licence must be made to the Authority—

(a)

in the form approved by the Authority; and

(b)

containing the particulars required by the Authority; and

S. 23(1)(c) substituted by No. 69/2004 s. 39.

(c)

together with the amount (if any) required by the Authority to accompany the application in respect of the relevant fee for the issue, renewal or transfer of the licence.

(2)

The Authority may fix a proportionate fee for a licence issued for a period greater or less than 1 year.

24Licence fees

S. 24(1) amended by No. 16/2026 s. 89(a).

(1)

The Authority may in respect of the issue, transfer or renewal of regulated food licences fix—

(a)

specific fees; or

(b)

maximum or minimum fees; or

(c)

differential fees; or

(d)

scales of fees.

S. 24(2) amended by No. 16/2026 s. 89(b).

(2)

The Authority must determine—

(a)

the criteria for determining; and

(b)

the structure of—

licence fees in consultation with the industry that is subject to the licence fees.

(3)

The criteria may include—

(a)

the value of services provided to a licensee;

(b)

the value of industry wide benefits;

(c)

the scale of operations of each licensee.

S. 24(4) inserted by No. 69/2004 s. 40, amended by No. 16/2026 s. 89(b).

(4)

The Authority may, in consultation with the industry that is subject to the licence fees, determine—

(a)

that licence fees may be paid in instalments; and

(b)

the timing and method of payment of the instalments.

S. 25 (Heading) inserted by No. 16/2026 s. 90(1).

25Regulated food licences

S. 25(1) amended by No. 16/2026 s. 90(2)(a).

(1)

A regulated food licence must be issued or renewed by the Authority—

(a)

subject to this Act and to such terms and conditions as are determined by the Authority;

(b)

in the form approved by the Authority;

(c)

only in respect of the places or circumstances specified in the licence;

(d)

for such period as is determined by the Authority being a period not greater than 2 years and which period must be specified in the licence;

(e)

unless sooner cancelled or suspended, to remain in force until the day specified in the licence for the expiration of that licence.

S. 25(2) amended by No. 16/2026 s. 90(2)(b).

(2)

The Authority may determine different classes of regulated food licences.

Dairy and Food Innovation Act 2000

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