14Application of this Part—retail sales and other sales for which labelling is required

14 Application of this Part—retail sales and other sales for which labelling is required

This Part applies in relation to a sale of food in Australia if:

the sale is a retail sale; or
the sale is not a retail sale, but the food is sold as suitable for retail sale without any further processing, packaging or labelling.

However, this Part does not apply to a food that:

is sold to the public for immediate consumption by any of the following:

a restaurant;
a canteen;
a school;
a caterer or a self-catering institution;
a prison;
a hospital or a medical institution; or

was made and packaged on the premises where it is sold; or
is delivered, packaged and ready for consumption, at the express order of the purchaser (other than when the food is sold from a vending machine);
is sold at a fund-raising event; or
food for special medical purposes.

Application to small packages

If a provision of this Part requires labelling for a food to include a mark that includes a logo or a bar chart, the provision is satisfied in relation to a small package if a label attached to the package includes the words in the mark, in a clearly defined box, without any logo or bar chart. In this section:

food for special medical purposes has the meaning given by section 1.1.2—5 of the Food Standards Code. small package has the meaning given by section 1.1.2—2 of the Food Standards Code.