Public Health (Food) Act · 2012 Revised Edition
5. Powers of Director
Official textFrom Attorney General's Chambers, unchanged
The Director may in writing direct any person carrying on a business involving the production, importation or sale of any food, appliance or substance to which this Act applies to furnish to him, within such time as may be specified therein, such particulars as may be specified.
Director
“Director” means the Director General of Health Services and anyone authorised by him to act on his behalf in the exercise of any function conferred or imposed on him by this Act; [S 73/00]
Without prejudice to the generality of subsection (1), a direction made thereunder may require particulars to be furnished of —
the composition and chemical formula of the food or substance;
the manner in which the food or substance is used or proposed to be used in the preparation of food;
any investigation carried out by or to the knowledge of that person, for the purpose of determining whether and to what extent the food or substance, or any product formed when the food or substance is so used, is injurious to health; and
any investigation or enquiry carried out by or to the knowledge of that person, for the purpose of determining the cumulative effect on the health of a person consuming the food or substance in ordinary quantities.
No particulars furnished in accordance with a direction under subsection (1) and no information relating to any business obtained by means of such particulars shall, without the previous written consent of the person carrying on that business, be disclosed except in the due discharge of the functions of the Director under this Act.
Public Health (Food)
food
“food” includes any substance manufactured, processed, sold or represented for use for human consumption, chewing substances, and any ingredient thereof;
Where the Director has reasonable cause to believe that any premises used for or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of food, or any article or appliance used for or ill connection with any of such purposes is in a condition that fails to comply with such requirements as may be specified in this Act, he may, by a written direction served on the proprietor, owner or occupier of such premises or on the proprietor or owner of such article or appliance, order that such premises, article or appliance be put into a condition satisfactory to a food officer within the period specified in such direction.
preparation
“preparation” includes manufacture, processing and any form of treatment;
If after the expiration of that period, the Director is not satisfied that the premises, article or appliance to which such order relates have been put into a condition which complies with those requirements, he may by a written direction served on such proprietor, owner or occupier order that —
article
“article” means any labelling or advertising material in respect of, and anything used for the preparation, preservation, packing or storing of, any food;
such premises shall not be kept for the preparation, preservation, packaging, storage or sale or, in the case of a vehicle, for the conveyance, distribution or sale of food; and
such article or appliance shall not be used in or for the preparation, preservation, packaging, handling, supplying or serving of food, until a food officer has given to that person a certificate that such premises, article or appliance have been put into a condition which complies with those requirements.
Where a direction under subsection (5) has been served on the proprietor, owner or occupier of any premises, or on the proprietor or owner of any article or appliance, and a certificate in respect thereof has not been given thereafter, no person shall —
appliance
“appliance” includes the whole or any part of any utensil, machinery, instrument, apparatus or article used or intended for use in or for making, keeping, preparing or supplying any food;
keep or use such premises or any part thereof for the preparation, preservation, packaging, storage or sale or, in the case of a vehicle, for the conveyance, distribution or sale of food; or
use such article or appliance in or for the preparation, preservation, packaging, handling, supplying or serving of food.
Public Health (Food)
Terms defined in s 2
appliance
Defined · s 2“appliance” includes the whole or any part of any utensil, machinery, instrument, apparatus or article used or intended for use in or for making, keeping, preparing or supplying any food;
article
Defined · s 2“article” means any labelling or advertising material in respect of, and anything used for the preparation, preservation, packing or storing of, any food;
Director
Defined · s 2“Director” means the Director General of Health Services and anyone authorised by him to act on his behalf in the exercise of any function conferred or imposed on him by this Act; [S 73/00]
food
Defined · s 2“food” includes any substance manufactured, processed, sold or represented for use for human consumption, chewing substances, and any ingredient thereof;
preparation
Defined · s 2“preparation” includes manufacture, processing and any form of treatment;
vehicle
Defined · s 2“vehicle” includes motor vehicle, ship, aircraft and bicycle. Food analysts and food officers.