Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"applicable standard" , in relation to particular food, or a particular matter affecting food, at a particular time, means the national standard in force in relation to that food or matter at that time.
"Australia New Zealand Food Standards Code" has the same meaning as in the Food Standards Australia New Zealand Act 1991 .
"authorised officer" means:
(a) the Secretary; or
(b) an APS employee in the Department appointed by the Secretary under subsection 40(1); or
(c) a person appointed by the Secretary under subsection 40(2).
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"compliance agreement" means a compliance agreement entered into under section 35A.
"Customs Act" means the Customs Act 1901 .
"customs control" , in relation to food, means customs control under the Customs Act.
"deal with" , in relation to food, includes:
(a) moving, altering or interfering with in any physical manner whatsoever; and
(b) entering into a transaction whereby the ownership of the food, or of any beneficial interest in the food, passes from one person to another.
"examinable food" means:
(a) food of a kind that is the subject of an order made for the purposes of paragraph 16(2)(a); or
(b) food of a kind that is the subject of a holding order; or
(c) particular food that, despite the fact that it is not food of a kind that is the subject of an order made for the purposes of paragraph 16(2)(a) or of a holding order, is nevertheless required to be inspected, or inspected and analysed, under the Food Inspection Scheme; or
(d) particular food, other than food of a kind referred to in paragraph (a) or (b) or food referred to in paragraph (c):
(i) that an authorised officer has reasonable grounds to believe may be failing food; and
(ii) in respect of which the officer has notified that belief to an owner.
"failing food" means examinable food, that:
(a) as a result of an inspection, or inspection and analysis, under the Food Inspection Scheme, is found to be:
(i) food that does not meet the applicable standards for that food; or
(ii) food that poses a risk to human health; or
(b) is taken, under the provisions of the Scheme, to be such food.
"food" has the meaning given by section 3A.
"food control certificate" means a certificate issued under section 12.
"Food Inspection Scheme" means the inspection scheme established by regulations made under section 16.
"holding order" means an order made by the Secretary under section 15.
"Immigration and Border Protection Department" means the Department administered by the Minister administering Part XII of the Customs Act.
"imported as a trade sample" , in relation to food, has the meaning given by subsection 7(3).
"imported food inspection advice" means an advice issued under section 14.
"inspection" includes the taking of samples.
"label" means any tag, brand, mark or written statement, any representation or design, or any descriptive matter, attached to, used in connection with, or accompanying, any food or package containing food.
"national standard" means:
(a) a standard that is included in the Australia New Zealand Food Standards Code; or
(b) the Country of Origin Food Labelling Information Standard 2016 , as in force from time to time.
Note: The Country of Origin Food Labelling Information Standard 2016 is an information standard made under section 134 of the Australian Consumer Law (see Schedule 2 to the Competition and Consumer Act 2010 ).
"officer of Customs" has the same meaning as in the Customs Act 1901 .
"owner" , in relation to food, includes any person (other than an officer of Customs or an authorised officer) being or holding himself or herself out to be the owner, importer, consignee, agent or person having control of, a beneficial interest in, or the power of disposition over, the food.
"package" includes any container or wrapper in or by which food is wholly or partly encased, covered, enclosed, contained or packaged and, in respect of food that is in more than one package, includes each such package.
"prohibited food" means food the importation of which is prohibited under the Customs Act.
"recognised food safety management certificate" means:
(a) a recognised foreign government certificate; or
(b) a certificate covered by a determination in force under subsection 18A(1).
"recognised foreign government certificate" means a certificate covered by a determination in force under subsection 18(1).
"recognised quality assurance certificate" means a certificate covered by a determination in force under subsection 19(2).
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"Secretary" means the Secretary of the Department.
"State" includes the Australian Capital Territory and the Northern Territory.
"this Act" includes regulations and orders made under this Act.
"treatment" , in relation to food, includes repackaging or relabelling.
(2) For the purposes of this Act, food poses a risk to human health if:
(a) it contains:
(i) pathogenic micro - organisms or their toxins; or
(ii) micro - organisms indicating poor handling; or
(iii) non - approved chemicals or chemical residues; or
(iv) approved chemicals, or chemical residues, at greater levels than permitted; or
(v) non - approved additives; or
(vi) approved additives at greater levels than permitted; or
(vii) any other contaminant or constituent that may be dangerous to human health; or
(b) it has been produced, processed, manufactured, stored, packed, packaged or transported under conditions which render it dangerous or unfit for human consumption.
(3) In subsection (2):
(a) a reference to approved chemicals, approved chemical residues or approved additives is a reference to chemicals, chemical residues or additives approved in a standard:
(i) made under the Food Standards Australia New Zealand Act 1991 after the commencement of Part 1 of Schedule 1 to the Australia New Zealand Food Authority Amendment Act 2001 ; or
(ia) adopted by the Australia New Zealand Food Standards Council under Australia New Zealand Food Authority Act 1991 before the commencement of Part 1 of Schedule 1 to the Australia New Zealand Food Authority Amendment Act 2001 ; or
(ii) included in the Australia New Zealand Food Standards Code; and
(b) a reference to permitted levels in relation to such approved standards, approved chemical residues, or approved additives is a reference to levels of those chemicals, chemical residues or additives permitted in such a standard; and
(c) a reference to non - approved chemicals, non - approved chemical residues or non - approved additives is a reference to chemicals, chemical residues or additives that are not approved in such a standard.