NSWIn ForceAct
Food Act 2003
5Meaning of “food”
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#### 5 Meaning of “food”
5 Meaning of “food”
> > (1) In this Act, food includes—
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> > > (a) any substance or thing of a kind used, or represented as being for use, for human consumption (whether it is live, raw, prepared or partly prepared), or
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> > > (b) any substance or thing of a kind used, or represented as being for use, as an ingredient or additive in a substance or thing referred to in paragraph (a), or
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> > > (c) any substance used in preparing a substance or thing referred to in paragraph (a) (other than a substance used in preparing a living thing) if it comes into direct contact with the substance or thing referred to in that paragraph, such as a processing aid, or
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> > > (d) chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum, or
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> > > (e) any substance or thing declared to be a food under a declaration in force under section 6 of the [Food Standards Australia New Zealand Act 1991](http://www.legislation.gov.au/) of the Commonwealth,
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> > whether or not the substance, thing or chewing gum is in a condition fit for human consumption.
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> > (2) However, food does not include a therapeutic good within the meaning of the [Therapeutic Goods Act 1989](http://www.legislation.gov.au/) of the Commonwealth.
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> > (3) To avoid doubt, food may include live animals and plants.
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> **s 5:** Am 2008 No 5, Sch 1 \[2\].