Substances prescribed (food items) (Act s. 3(1) liquor)
4A Substances prescribed (food items) (Act s. 3(1) liquor)
The following substances are prescribed under paragraph (b) of the definition of liquor in section 3(1) as being liquor for the purposes of the Act —
an alcohol based food essence that is sold by way of retail sale;
an alcohol based novelty food item that is sold by way of retail sale.
In subregulation (1) —
alcohol based food essence means a preparation of flavouring substance in liquid form with a concentration of ethanol exceeding 1.15% by volume in a container that has a volume exceeding —
100 ml, in the case of natural vanilla essence; or
50 ml, in any other case;
alcohol based novelty food item means a food item or ice confection which contains more than 0.5% ethanol by volume and is modelled on children’s food stuff, including but not limited to, lollipops, ice‑creams, or jellies;
retail sale has the meaning given in the Retail Trading Hours Act 1987.
[Regulation 4A inserted: Gazette 23 Sep 1994 p. 4901; amended: Gazette 30 Dec 1994 p. 7329; 26 Nov 1996 p. 6629; 30 Apr 1999 p. 1820‑1.]
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