ACT Numbered Regulations - Explanatory Statements

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FOOD AMENDMENT REGULATIONS 2003 (NO 1) (NO 19 OF 2003)

Australian Capital Territory

Explanatory Statement

Food Amendment Regulations 2003

Subordinate Law SL2003—19

made under the

Food Act 2001, s 152 (Regulation-making power)

The Food Act 2001 (‘the Act’) section 152 provides that regulations may be drafted in certain circumstances, particularly in relation to clarifying the intent or function of a specific section of the Act.

Regulations 1 & 2
Regulations 1 & 2 are formal requirements of all regulations specifying the title of the regulations and the commencement date.

Regulation 3
Regulation 3 provides that the Food Regulations 2002 are amended by the Food Amendment Regulations 2003.

Regulation 4
Regulation 4 amends the Regulation 4(d) of the Food Regulations 2002 by substituting a new regulation 4(d). 4(d) provides that the commercial slaughtering of livestock for human consumption is not a form of primary food production under section 11 of the Food Act 2001. Thus businesses slaughtering livestock for commercial purposes are required to be registered under the Act. This amendment exempts slaughtering of livestock for non-commercial purposes from registration requirements.

Regulation 5
Regulation 5 amends Regulation 5(1)(d)(ii) of the Food Regulations 2002 by substituting a new regulation 5(1)(d)(ii) and inserting new regulation 5(1)(e). The substituted regulation 5(1)(d)(ii) adds a semi-colon to the end of the regulation.

New regulation 5(1)(e) provides that a food business that only sells, through a vending machine, food that is not potentially hazardous is exempt from the requirement to hold a food business registration under section 89 of the Food Act 2001. For example, where a business sells tea, coffee or whole fruit from a vending machine, the business would be exempt from registration.