Food Act 2008 (WA)

Western Australia Food Act 2008 Western Australia Food Act 2008 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Objects of Act 2 4. Application of Act to primary food production 2 5. Application of Act to water suppliers 3 6. Application of Act to prescribed community activities 3 7. Act to bind Crown 4 Part 2 — Interpretation 8. Terms used 5 9. Term used: food 9 10. Term used: food business 10 11. Term used: primary food production 10 12. Unsafe food 11 13. Unsuitable food 12 Part 3 — Offences relating to food Division 1 — Serious offences relating to food 14. Handling of food in unsafe manner 14 15. Sale of unsafe food 14 16. False description of food 15 Division 2 — Other offences relating to food 17. Handling and sale of unsafe food 16 18. Handling and sale of unsuitable food 16 19. Misleading conduct relating to sale of food 16 20. Sale of food not complying with purchaser's demand 17 21. Sale of unfit equipment or packaging or labelling material 18 22. Compliance with Food Standards Code 18 23. False description of food 19 24. Application of provisions outside Western Australia 20 Division 3 — Defences 25. Defence relating to publication of advertisements 20 26. Defence in respect of food for export 21 27. Defence of due diligence 21 28. Defence in respect of handling food 23 29. Defence in respect of sale of unfit equipment or packaging or labelling material 23 Division 4 — Alternative verdicts 30. Alternative verdicts for serious food offences 24 Part 4 — Emergency powers 31. Making of emergency order 25 32. Nature of emergency order 25 33. Special provisions relating to recall orders 26 34. Manner of making orders 27 35. Compensation 28 36. Failure to comply with emergency order 29 37. Limitation on stay of operation of emergency orders 29 Part 5 — Powers of entry, inspection and seizure Division 1 — Entry, inspection and seizure 38. Powers of authorised officers 30 39. Self‑incrimination not an excuse 32 40. Power of seizure 32 41. Application for warrant to enter premises 33 42. Issue of warrant 34 43. Duration of warrant 35 44. Execution of warrant 35 45. Failure to comply with requirements of authorised officers 36 46. Interfering with seized items 36 47. False information 36 48. Obstructing, impersonating or threatening authorised officers 37 Division 2 — Items seized by authorised officers 49. Seized items 37 50. Notification of seizure 38 51. Destruction of filthy, decomposed or putrid matter 38 52. Return of seized item 38 53. Forfeiture of item 39 54. Cost of destruction or disposal of forfeited item 39 55. Return of forfeited item 40 56. Compensation to be paid in certain circumstances 40 57. Application for order disallowing seizure 41 58. Enforcement agency entitled to answer application 42 59. Order disallowing seizure of item 42 60. Ancillary orders 42 61. Adjournment pending hearing of other proceedings 43 Part 6 — Improvement notices and prohibition orders Division 1 — Improvement notices 62. Grounds for serving improvement notice 44 63. Improvement notice may require certain action to be taken 44 64. Compliance with improvement notice 45 Division 2 — Prohibition orders 65. Prohibition order 46 66. Certificate of clearance to be given in certain circumstances 47 67. Request for re‑inspection 48 68. Contravention of prohibition order 48 69. Review of decision to refuse certificate of clearance 49 70. Compensation 49 Division 3 — Other matters 71. Scope of notices and orders 50 72. Notices and orders to contain certain information 50 Part 7 — Taking and analysis of samples Division 1 — Taking of samples 73. Application of Division 51 74. Proprietor to be informed 51 75. Payment for sample 51 76. Samples from vending machines 51 77. Packaged food 52 78. Procedures to be followed 52 79. Samples to be submitted for analysis 53 Division 2 — Procedures relating to analyses 80. Compliance with Food Standards Code 53 81. Certificate of analysis 54 Division 3 — Approval of laboratories 82. Approval of laboratories 55 83. Term of approval 55 84. Person in charge of approved laboratory to give notice of certain interests 55 85. Variation of conditions or suspension or cancellation of approval of laboratory 56 86. Review of decisions relating to approval 57 87. List of approved laboratories to be maintained 58 Division 4 — Approval of analysts 88. Approval of persons to carry out analyses 58 89. Term of approval 58 90. Approved analyst to give notice of certain interests 59 91. Variation of conditions or suspension or cancellation of approval of analyst 59 92. Review of decisions relating to approval 60 93. List of approved analysts to be maintained 60 Part 8 — Auditing Division 1 — Approval of food safety auditors 94. Approval of food safety auditors 62 95. Term of approval 63 96. Food safety auditor to give notice of certain interests 63 96A. Food safety auditor must be insured 63 97. Variation of conditions or suspension or cancellation of approval of auditor 64 98. Review of decisions relating to approvals 65 Division 2 — Auditing and reporting requirements 99. Food safety programs and auditing requirements 66 100. Priority classification system and frequency of auditing 67 101. Duties of food safety auditors 68 102. Reporting requirements 68 103. Redetermination of frequency of auditing 70 Division 3 — Other matters relating to food safety auditors 104. Certificates of authority of food safety auditors 71 105. List of food safety auditors to be maintained 71 106. Obstructing, impersonating or threatening food safety auditors 72 Part 9 — Registration of food businesses 107. Notification of conduct of food businesses 73 108. Exemption in relation to notification of information 73 109. Conduct of unregistered food businesses 74 110. Registration of food businesses 74 111. Term of approval 75 112. Variation of conditions or cancellation of registration of food businesses 76 113. Notification of certain changes to registered food businesses 77 114. Review of decisions relating to registration 78 115. Register of food businesses to be maintained 79 Part 10 — Administration Division 1 — CEO 116. Functions of the CEO 80 117. CEO may delegate 80 Division 2 — Functions of enforcement agencies 118. Functions of enforcement agencies and delegation 81 119. Conditions on performance of functions by enforcement agencies 82 120. Performance of functions by enforcement agencies and authorised officers 82 121. Reports by and about enforcement agencies 83 Division 3 — Appointment of authorised officers 122. Appointment of authorised officers 83 123. Certificates of authority 84 Division 4 — Advisory committees 124. Establishment and functions of advisory committees 85 Part 11 — Procedural and evidentiary provisions 125. Institution of proceedings 86 126. Infringement notices 86 127. Offences by employees — liability of employer 88 128. Liability of officers for offence by body corporate 89 129. Liability of employees and agents 89 130. No defence to allege deterioration of sample 90 131. Onus to prove certain matters on accused person 90 132. Presumption 90 133. Certificate evidence and evidence of analysts 91 134. Documentary evidence of certain matters 92 135. Power of court to order further analysis 93 136. Disclosure by witnesses 93 137. Court may order costs and expenses 94 138. Court may order forfeiture 94 139. Court may order corrective advertising 94 Part 12 — Miscellaneous 140. Fees and charges may be imposed and recovered by local governments that are enforcement agencies 95 141. Protection from liability for wrongdoing 95 142. Certain confidential information not to be disclosed 96 143. Publication of names of offenders 97 144. Regulations 97 145. Temporary emergency regulations modifying the Food Standards Code 99 146. Minister to review and report on Act 100 Part 14 — Transitional provisions Division 1 — Transitional provisions for Food Act 2008 150. Term used: commencement day 101 151. Interpretation Act 1984 not affected 101 152. Orders under Health Act 1911 section 246W 101 153. Orders under Health Act 1911 section 246Y 101 154. Transitional regulations 101 Division 2 — Transitional provisions for Mutual Recognition (Western Australia) Amendment Act 2022 155. Providing insurance information 102 Notes Compilation table 104 Defined terms Western Australia Food Act 2008 An Act providing for the safety and suitability of food for human consumption, and for related purposes.