What is the role of the food Act?

Key messages

• The Victorian Food Act 1984 (the Act)and the Australia New Zealand Food Standards Code regulate the sale of food in Victoria.
• Local government and the Department of Health administer the Act.
• A key object of the Act is to ensure that all food sold in Victoria is safe to eat.

The Act is the key legislation that regulates the sale of food in Victoria.

Local councils and the Department of Health administer the Act. Under the Act, food business owners are legally responsible for ensuring that food sold to customers is safe and suitable to eat.

The purpose of the Act is to:

• set out offences for breaches of the food laws and the applicable penalties and defences
• provide the means through which the Australia New Zealand Food Standards Code is applied as the law in Victoria
• establish a food premises classification system and enforcement powers, including emergency powers to deal with immediate threats to public health
• provide the means through which local councils register food businesses as defined by the Act.

The Food Act 1984 can be found at the Victorian Legislation website.

Reviewed 05 August 2022

(1)  In this Act:

advertisement means:

(a)  any words, whether written or spoken, or

(b)  any pictorial representation or design, or

(c)  any other representation by any means at all,

used or apparently used to promote, directly or indirectly, the sale of food.

analysis includes any examination or testing of food or any other thing.

animal includes an amphibian, bird, crustacean, fish, mollusc or reptile.

appropriate enforcement agency means, in relation to the provision in which the expression is used, the enforcement agency prescribed by the regulations for the purposes of that provision.

approved analyst means a person approved under Division 4 of Part 6.

approved form means the form approved from time to time by the Food Authority.

approved laboratory means a laboratory approved under Division 3 of Part 6.

authorised officer means a person appointed under Division 3 of Part 9.

Chief Executive Officer means the person employed in the Public Service as the Chief Executive Officer of the Food Authority.

enforcement agency means:

(a)  the Food Authority, or

(b)  a relevant body appointed as an enforcement agency under Division 2 of Part 9, or

(c)  any person or body, or a person or body within a class of persons or bodies, prescribed by the regulations for the purposes of this definition (other than a relevant body within the meaning of Division 2 of Part 9).

equipment means the whole or part of:

(a)  any utensil, machinery, instrument, device, apparatus or appliance that is used, or that is designed or intended for use, in or in connection with the handling of food, or

(b)  any substance, utensil, machinery, instrument, device, apparatus or appliance that is used, or that is designed or intended for use, in cleaning anything referred to in paragraph (a).

examine includes weigh, count, test or measure.

exercise a function includes perform a duty.

food has the meaning given by section 5.

Food Authority means the NSW Food Authority constituted under Part 9.

Food Authority Fund means the fund established under section 117A.

food business has the meaning given by section 6.

food safety auditor means a member of staff of the Food Authority authorised under Division 1 of Part 7, or another person approved under that Division, to be a food safety auditor.

food safety scheme means a food safety scheme prescribed by the regulations in accordance with Part 8.

Food Safety Standards means the standards contained in Chapter 3 of the Food Standards Code.

Food Standards Code means the Australia New Zealand Food Standards Code as defined in the Food Standards Australia New Zealand Act 1991 of the Commonwealth, as modified in accordance with regulations referred to in section 140 or 141.

food transport vehicle means a vehicle used for the transport of food for sale.

Forum means the Food Regulation Forum established under Division 3A of Part 9.

function includes a power, authority or duty.

handling of food includes the making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food.

improvement notice means an improvement notice issued under Part 5.

label includes any tag, brand, mark or statement in writing or any representation or design or other descriptive matter on or attached to or used or displayed in connection with or accompanying any food or package.

package includes any container or wrapper in or by which food intended for sale is wholly or partly encased, covered, enclosed, contained or packed and, in the case of food carried or sold or intended to be carried or sold in more than one package, includes every such package.

premises includes:

(a)  land (whether or not vacant), or

(b)  the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature), or

(d)  a vehicle (other than a food transport vehicle while it is engaged in the transport of food).

primary food production has the meaning given by section 7.

private corporation means a corporation within the meaning of the Corporations Act 2001 of the Commonwealth.

private subsidiary corporation means a private corporation in which the Food Authority has a controlling interest.

prohibition order means a prohibition order made under Part 5.

proprietor of a food business means:

(a)  the person carrying on the food business, or

(b)  if that person cannot be identified the person in charge of the food business.

recall order means an order under Part 3 requiring the recall or disposal, or both, of any food.

register of offences means the register of offences kept under Part 10A.

register of penalty notices means the register of penalty notices kept under Part 10A.

sell includes:

(a)  barter, offer or attempt to sell, or

(c)  have in possession for sale, or

(e)  cause or permit to be sold or offered for sale, or

(f)  send, forward or deliver for sale, or

(g)  dispose of by any method for valuable consideration, or

(h)  dispose of to an agent for sale on consignment, or

(i)  provide under a contract of service, or

(j)  supply food as a meal or part of a meal to an employee, in accordance with a term of an award governing the employment of the employee or a term of the employee’s contract of service, for consumption by the employee at the employee’s place of work, or

(k)  dispose of by way of raffle, lottery or other game of chance, or

(l)  offer as a prize or reward, or

(m)  give away for the purpose of advertisement or in furtherance of trade or business, or

(n)  supply food under a contract (whether or not the contract is made with the consumer of the food), together with accommodation, service or entertainment, in consideration of an inclusive charge for the food supplied and the accommodation, service or entertainment, or

(p)  sell for the purpose of resale.

unsafe has the meaning given by section 8.

unsuitable has the meaning given by section 9.

vehicle means any means of transport, whether self-propelled or not, and whether used on land or sea or in the air.

s 4: Am 2004 No 16, Sch 1 [2] [3]; 2007 No 47, Sch 1 [1] [2]; 2008 No 5, Sch 1 [1]; 2009 No 96, Sch 8 [1] [2]; 2013 No 95, Sch 2.63 [1]; 2014 No 26, Sch 3.2 [1] [2]; 2015 No 58, Sch 3.35 [1] [2].

What is the purpose of the food Act?

What Is the role of Food Standards Australia New Zealand?

What does the food Act 2003 do?

What are the roles of food safety?