63Regulations

63 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing that is required or permitted to be prescribed for the purposes of this Act or is necessary to be prescribed for carrying this Act into effect and, without limiting the generality of the foregoing, for or with respect to— (a) prescribing standards for the nature, substance, composition, strength, weight, quantity, purity or quality of food generally or food of a specified class or description or of any ingredient thereof or for the nature or proportion of any substance that may be mixed with or used in the preparation or preservation thereof; (b) prohibiting the addition to, mixture with or use in the preparation of or presence in food generally or food of a specified class or description of a specified substance or a specified substance exceeding a prescribed quantity or proportion; (c) prescribing the quantity or proportion of a specified substance that is to be the quantity or proportion or the maximum or minimum or maximum and minimum quantities and proportions that shall or may be added to, mixed with or used in the preparation of or present in food generally or food of a specified class or description; S. 63(1)(d) amended by Nos 98/1997 s. 18(1)(d), 14/2001 s. 32(a). (d) prohibiting the sale or the handling for sale of food generally or food of a specified class or description the use of any equipment containing a specified substance or a specified substance exceeding a prescribed quantity or proportion; (e) prescribing or prohibiting specified modes of preparation of food generally or food of a specified class or description; (f) prescribing the temperature at which or range of temperatures within which food generally or food of a specified class or description that is prepared, stored, displayed, exposed or conveyed for sale shall be kept; (g) prohibiting the sale of food generally or food of a specified class or description containing any micro-organism or a micro-organism of a specified kind or a micro-organism of a specified kind in excess of a specified number in a specified quantity; S. 63(1)(h) amended by No. 98/1997 s. 18(1)(d). (h) providing for and prescribing all matters and things for or with respect to securing the wholesomeness and purity of food and the conditions and practices in connexion with the sale or the handling for sale of any food and, without limiting the generality of the foregoing, for or with respect to— S. 63(1)(h)(i) amended by Nos 98/1997 s. 18(1)(g), 14/2001 s. 32(b). (i) the cleanliness of premises or other places or vehicles in, at, on or from which any food is sold or handled for sale and fittings, fixtures or equipment in, at or on such premises or other places or vehicles; S. 63(1)(h)(ii) amended by No. 98/1997 s. 18(1)(g). (ii) the provision and proper use of satisfactory facilities for the protection of food in, at or on premises or other places or vehicles in, at, on or from which any food is sold or handled for sale; S. 63(1)(h)(iii) amended by Nos 98/1997 s. 18(1)(d), 14/2001 s. 32(b). (iii) the design and construction of premises or other places, vehicles, equipment, fittings or fixtures used for or in connexion with the sale or the handling for sale of any food; S. 63(1)(h)(iv) amended by No. 14/2001 s. 32(b). (iv) the prohibition or regulation of the use of specified materials or materials of a specified class in the manufacture of equipment, fittings or fixtures; S. 63(1)(h)(v) amended by Nos 98/1997 s. 18(1)(g), 14/2001 s. 32(b). (v) the clothing to be worn by persons attending equipment or in, at or on premises or other places or vehicles in, at, on or from which any food is sold or handled for sale; S. 63(1)(h)(vi) amended by Nos 10262 s. 4, 20/1995 s. 18, 98/1997 s. 16(a), 14/2001 s. 32(c)(i)(ii). (vi) requiring the proprietor of food premises, or his nominee approved by the Secretary, or any persons employed or engaged by that proprietor to handle unpackaged food at those premises, to attend such courses of instruction in the handling of food as are prescribed; (vii) the standards of cleanliness and hygiene to be maintained; (viii) preventing or minimizing the spread of disease; S. 63(1)(h)(ix) amended by No. 14/2001 s. 32(b). (ix) the provision and use of equipment, fittings or fixtures; S. 63(1)(h)(x) amended by Nos 10262 s. 4, 98/1997 s. 16(a), 14/2001 s. 32(b). (x) prescribing standards for equipment, fittings or fixtures and requiring equipment, fittings or fixtures of specified kinds to be approved by the Secretary and specifying the procedure for obtaining such approval; S. 63(1)(h)(xi) amended by Nos 98/1997 s. 18(1)(g), 14/2001 s. 32(b). (xi) the inspection and testing of equipment, fittings or fixtures and the inspection of premises or other places or vehicles in, at, on or from which any food is sold or handled for sale; S. 63(1)(h)(xii) amended by No. 98/1997 s. 18(1)(g). (xii) the provision and maintenance of an adequate water supply and drainage, sewerage, lighting and ventilation facilities in premises or other places or vehicles in, at, on or from which any food is sold or handled for sale; (i) providing for and prescribing all matters and things for or with respect to food vending machines and, without limiting the generality of the foregoing, for or with respect to— (i) the location, surroundings and cleanliness thereof; (ii) the mode of construction thereof with particular reference to the provision of means for maintaining cleanliness and operating temperatures; (iii) maintenance and servicing thereof and the keeping of records in relation thereto; (iv) marking on or affixing thereto operating instructions, evidence of the currency of registration thereof and the name and address or other particulars of any person or body who or which receives or shares in the profits or proceeds of the sale of any food therefrom; (v) requiring notices or other writings containing specified words, statements, expressions or specified pictorial representations or designs to be affixed thereto or prohibiting the use in such notices or other writings of specified words, statements or expressions or words, statements or expressions having the same or a similar effect or representations or designs of a similar or other specified nature; (vi) the regulation and control of the temperature of food contained therein; (vii) the preventing of the adulteration of food contained therein; (viii) the inspection thereof and of food contained therein; (ix) the prohibition of the operation thereof and rendering them inoperable whilst in a faulty condition; (x) the prohibition or regulation of the sale or supply therefrom of goods other than food or food of a specified class or description with food of another class or description; (xi) the prohibition or regulation of the use thereof for dispensing food other than food that they are designed to dispense; (xii) generally, the control and use thereof; (j) regulating and controlling and where necessary prohibiting and restricting advertisements relating to food generally or food of a specified class or description; requiring any such advertisements to contain specified words, statements, expressions, pictorial representations or designs or prohibiting the use therein of specified words, statements or expressions or words, statements or expressions having the same or a similar effect or pictorial representations or designs of a similar or other specified nature or of statements, claims, designs, devices or abbreviations of a specified nature; (k) prescribing the mode of labelling food generally or food of a specified class or description or packages of food generally or of food of a specified class or description; the forms or kinds of labels; the matter to be contained in labels including specified words, statements, expressions, pictorial representations or designs of a specified kind; the size, style or colour of any such matter or the nature or colour of the background on which it appears; requiring specified labels to be written on or attached to any food or to packages of any food; prohibiting generally as to the matter to be contained in labels and, without limiting the generality of the foregoing, prohibiting the use on labels of specified words, statements or expressions or of words, statements or expressions having the same or a similar effect or of pictorial representations or designs of a similar or other specified nature; requiring that where food generally or food of a specified class or description that is not in a package is displayed for sale it shall be displayed in conjunction with a label bearing such matter as is prescribed; exempting any food, or any package of food, of any specified class or description from any provision of this Act relating to labelling; S. 63(1)(l) amended by No. 14/2001 s. 32(d). (l) requiring and providing for the seizure, recall, destruction, denaturation or disposal of food that has become unsafe, unsuitable, damaged, deteriorated or perished to such degree as is specified or of food of a specified class or description and specifying the circumstances in which such food shall be destroyed or denatured; (m) prescribing modes of making packages or packing materials for any food so as to avoid contact with injurious substances; prohibiting the use of specified substances or materials in making packages or packing materials for any food; prescribing the minimum size of and the packing required for an article not being food that will be enclosed in a package; requiring that specified food be packed in a specified manner and prohibiting specified modes of packing food; S. 63(1)(n) amended by No. 98/1997 s. 18(1)(d). (n) requiring notices or other writings containing specified words, statements or expressions or words, statements or expressions having the same or a similar effect or specified pictorial representations or designs to be affixed to premises or other places or vehicles used in selling or handling for sale of food or food of a specified class or description; prohibiting the use in such notices or other writings of specified words, statements or expressions or words, statements or expressions having the same or a similar effect or of pictorial representations or designs of a similar or other specified nature; (o) prescribing the mode of storing or conveying for sale of food generally or food of a specified class or description; S. 63(1)(oa) inserted by No. 38/2020 s. 50(1)(a). (oa) providing for and prescribing all matters and things for or with respect to primary food production; and S. 63(1)(p) amended by Nos 10262 s. 4, 98/1997 ss 16(a), 18(1)(d), 14/2001 s. 32(e). (p) providing for premises or other places, vehicles, equipment, methods, processes, packages, seals or closures and sources of water used in connexion with the sale or the handling for sale of any food to be approved by the Secretary and making requirements to that effect; (q) prescribing methods of analysis to be observed in analyses under or for the purposes of this Act; (r) prescribing methods for obtaining samples for the purposes of this Act and dealing with samples so obtained; the rates of the payments to be made for samples obtained for the purposes of this Act; the number of samples to be so obtained in specified cases; S. 63(1)(s) amended by No. 14/2001 s. 32(f). (s) prescribing the books to be kept by the proprietor of any food premises or equipment; (t) requiring specified laboratory and testing facilities to be provided in, at or on premises or other places or vehicles where food is prepared for sale and prescribing procedures and facilities to be used for the examination of any food and notification to specified persons of the results of any such examination; (u) prescribing the qualifications of authorized officers and their powers, authorities, functions and duties; S. 63(1)(v) amended by Nos 10262 s. 4, 98/1997 s. 16(a). (v) providing for the licensing by the Secretary of persons for specified purposes; S. 63(1)(w) amended by Nos 10262 s. 4, 98/1997 s. 16(a), 14/2001 s. 32(g). (w) providing for the registration by the Secretary of premises or other places, vehicles or equipment for specified purposes and the inspection of premises or other places, vehicles or equipment in respect of which registration has been granted or is sought; S. 63(1)(x) amended by Nos 95/1986 s. 21(1), 38/2020 s. 50(1)(b). (x) providing for applications for and the grant, issue, revocation, cancellation, suspension or surrender of licences, registrations, permits, approvals, certificates and authorities under this Act and transfers, renewals and duplicates thereof; prescribing the terms and conditions on which licences, registrations, permits, approvals, certificates and authorities may be granted, issued, revoked, cancelled, suspended, surrendered, transferred or renewed and the records to be kept in relation thereto; prescribing fees for registrations and renewals thereof; prescribing proportionate fees where registrations are granted during the currency of a year; fixing days for lodging applications for renewals of registration; prescribing additional fees for renewals of registration in cases where late applications for renewal are lodged; S. 63(1)(y) amended by No. 6/2024 s. 34(1). (y) providing for the giving, serving and enforcement of notices for or with respect to the rectification of acts or omissions that constitute a contravention of or failure to comply with this Act; (z) prescribing— (i) forms to be used for the purposes of this Act and the particular purposes for which those forms shall respectively be used; and S. 63(1)(z)(ii) amended by Nos 60/2012 s. 69(1), 6/2024 s. 34(2). (ii) fees and charges payable or to be paid under or for the purposes of this Act or the Food Standards Code and the fixing of those fees and charges; the matters and things in respect of which they are payable or to be paid; the methods of collection of those fees and charges; the manner, time and place of payment of those fees and charges; the persons by whom and to whom they are payable and all matters with respect to the recovery of those fees and charges; S. 63(1)(za) inserted by No. 6/2024 s. 34(3). (za) requiring persons to whom a primary production and processing standard applies to register with a declared authority; S. 63(1)(zb) inserted by No. 6/2024 s. 34(3). (zb) prescribing— (i) the process for registration with a declared authority, including the information to be provided and any fees payable on registration; (ii) the process and requirements for persons to whom a primary production and processing standard applies to notify the declared authority of information for the purposes of enabling the declared authority to perform the functions conferred on it under the primary production and processing standards; (iii) the process by which persons to whom a primary production and processing standard applies may submit food safety management statements to the declared authority for the purposes of clause 5 of Standard 4.1.1 of the primary production and processing standards, including the payment of any fees; (iv) the process by which a declared authority approves or recognises food safety management statements for the purposes of clause 5(a) of Standard 4.1.1 of the primary production and processing standards, including through the use of prescribed industry-standard certification or audit schemes; (v) requirements for ongoing verification of food safety management statements for the purposes of clause 5(c) of Standard 4.1.1 of the primary production and processing standards, including— (A) the use of prescribed industry‑standard certification or audit schemes; (B) the payment of any fees; S. 63(1)(zc) inserted by No. 6/2024 s. 34(3). (zc) prescribing industry-standard certification and audit schemes for the purposes of primary production and processing standards referred to in paragraph (zb). S. 63(1A) inserted by No. 60/2012 s. 69(2). (1A) In the case of fees and charges, the regulations may provide for any or all of the following— (a) specific fees or charges; (b) maximum fees or charges; (c) differential fees or charges; S. 63(1A)(d) amended by Nos 2/2017 s. 16(17), 38/2020 s. 50(2), 44/2024 s. 24(1). (d) fees or charges to be fixed and collected by the Secretary DEECA, including acting in his or her capacity as a declared authority, for services provided for or in connection with the administration of, or for carrying out his or her functions under, this Act, the regulations or the Food Standards Code. S. 63(1B) inserted by No. 60/2012 s. 69(2), amended by Nos 2/2017 s. 16(17), 38/2020 s. 50(2), 44/2024 s. 24(2). (1B) The Secretary DEECA, including acting in his or her capacity as a declared authority, must cause details of fees or charges fixed under subsection (1A)(d) to be published in the Government Gazette. (2) Any regulation made under this Act may— (a) be made so as to be limited in respect of time, place or circumstances having regard to the conditions existing in any area in which the regulation is to have effect; S. 63(2)(b) amended by No. 12/1989 s. 4(1)(Sch. 2 item 47.11). (b) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by any government department, council or public authority or by any officer or member of staff of such department, council or authority; S. 63(2)(c) amended by No. 12/1989 s. 4(1)(Sch. 2 item 47.11). (c) confer powers or impose duties in connexion with the regulations on any government department, council or public authority or on any officer or member of staff of such department, council or authority or on owners or occupiers of premises or other places or on owners or operators of vehicles or on any persons whomsoever; (d) incorporate or adopt by reference the provisions of any document (including any code, standard, rule, specification or method) formulated, issued, prescribed or published by any authority or body whether— (i) wholly or partially or as amended by the regulation; and (ii) as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; and (e) impose a penalty of not more than 10 penalty units for any contravention of or failure to comply with the regulation. S. 63(3) repealed by No. 95/1986 s. 21(2). (4) Where any form is prescribed by a regulation made under this Act, any form in or to the like effect of the prescribed form shall be sufficient in law. S. 63(5) amended by Nos 10262 s. 4, 98/1997 s. 16(a), 38/2020 s. 50(3), 44/2024 s. 24(3). (5) The Secretary DH or the Secretary DEECA (including acting in his or her capacity as a declared authority) may cause to be published codes of practice in connexion with matters and things that may be made the subject of regulations for the purpose of giving advice and guidance to persons responsible for compliance with those regulations and may alter, amend, modify or vary those codes. (6) Except— S. 63(6)(a) amended by Nos 10262 s. 4, 98/1997 s. 16(a). (a) in a case of emergency or sudden necessity (of the existence of which emergency or necessity the Secretary shall be the sole judge); or (b) in the case of regulations to be made under paragraph (a), (b), (c), (d), (e), (f), (g), (k), (m) or (q) of subsection (1)— where any proposed regulations affect or are likely to affect any municipality copies thereof shall be sent to every such municipality at least six weeks before the making of the regulations. (7) Regulations made under this Act shall be subject to disallowance by Parliament. S. 63A inserted by No. 95/1986 s. 22, amended by Nos 26/1990 s. 3, 6/1991 s. 7(1)(a)–(c), substituted by No. 36/1991 s. 3.