Commonwealth Consolidated Acts

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 16

  (1)   Standards, and variations of standards, developed by the Authority may relate to any of the following:

  (a)   the composition of food, including:

  (i)   the maximum amounts of contaminants or residues that may be present in the food; and

  (ia)   the maximum or minimum amounts of additives that must or may be present in the food; and

  (ii)   its microbiological status and safety; and

  (iii)   the method of sampling and testing the food to determine its composition;

  (b)   the production of food;

  (c)   the handling of food;

  (ca)   the prohibition of the sale of food:

  (i)   either in all circumstances or in specified circumstances; and

  (ii)   either unconditionally or subject to specified conditions;

  (d)   any information about food including labelling, promotion and advertising;

  (e)   the knowledge, skill, health and hygiene requirements for people handling food;

  (f)   the responsibilities of businesses that are handling food relating to any hygiene requirements in force under paragraph   (e) for people involved in the business who are handling food;

  (g)   the responsibilities of businesses that are handling food to ensure that information in connection with hygiene requirements in force under paragraph   (e) that is provided by individuals involved in the business and who are handling food remains confidential except in specified circumstances;

  (h)   the use of devices of a particular standard to measure the temperature of food;

  (i)   the design, construction, maintenance and cleanliness of:

  (i)   premises (including fittings and fixtures) at which food is handled; or

  (ii)   equipment (including single use items) used to handle food; or

  (iii)   vehicles used to transport food;

  (j)   the information that a business that handles food may be required to give about the business to State or Territory authorities;

  (k)   restrictions on the premises at which, and the persons by whom, particular food may be sold or otherwise supplied;

  (l)   restrictions on the publications that may contain advertisements for particular food;

  (m)   requirements relating to animals and pests at premises in which food is handled, or in vehicles in which food is transported;

  (n)   the interpretation of other standards;

  (o)   the application of standards;

  (p)   such other public health matters relating to food as are prescribed.

  (2)   Without limiting subsection   (1), a standard may relate to:

  (a)   a class of food generally; or

  (b)   a particular brand of food.

  (2A)   To avoid doubt, subparagraphs   (1)(ca)(i) and (ii) do not, by implication, limit any other paragraph of subsection   (1).

  (2B)   The matters to which standards, and variations of standards, may relate, are taken always to have included the matter mentioned in paragraph   (1)(ca).

  (2C)   To avoid doubt, paragraph   (2)(a), as in force before the commencement of this subsection, is taken always to have had effect as if the reference in that paragraph to type were a reference to class.

  (3)   In this section:

"handle" , in relation to food, includes produce, collect, receive, store, serve, display, package, transport, dispose of or recall food.

Note:   See also the definitions of produce and prepare in subsection   4(1).