chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum or any substance or thing declared to be a food under a declaration in force under section 3B of the Australia New Zealand Food Authority Act 1991 of the Commonwealth [and prescribed by the regulations for the purposes of this paragraph], whether or not the substance, thing or chewing gum is in a condition fit for human consumption. (2) However, food does not include a therapeutic good within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth. (3) To avoid doubt, may include live food animals and plants. Section 3 Unsafe food Not defined. However, IFC Act 1992 For the purposes of this Act, food is unsafe The main differences are: includes a definition for food’. at a particular time if it would be likely to ‘failing imported food is only considered unsafe if it has cause physical harm to a person who might been examined and meets the definition of a failing food means examinable food, that: later consume it, assuming: food’ under the Model Food Provisions, ‘failing – as a result of an inspection, or inspection it is an offence to sell unsafe food at any time it was, after that particular time and before and analysis, under the Food Inspection definition of food’ includes food safety being consumed by the person, properly ‘failing Scheme, is found to be: and suitability issues subjected to all processes (if any) that are food that does not meet the applicable the Model Food Provisions make assumptions relevant to its reasonable intended use, and standards for that food; or nothing happened to it after that particular that the food has been processed and consumed food that poses a risk to human health; or according to its reasonable intended use and time and before being consumed by the is under the provisions of the Scheme, nothing happened to it to prevent the food being person that would prevent it being used for to be such food. used for its reasonable intended use for its reasonable intended use, and – example, raw poultry is cooked before it is Section 3 Interpretation it was consumed by the person according to eaten, according to the instructions on the label. its reasonable intended use. It also expands on the circumstances the Food Provisions exclude foods being where food poses a risk to human health (2) However, food is not unsafe for the considered unsafe because they may cause under subsection 3(2), as below. purposes of this Act merely because its
chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum or any substance or thing declared to be a food under a declaration in force under section 3B of the Australia New Zealand Food Authority Act 1991 of the Commonwealth [and prescribed by the regulations for the purposes of this paragraph], whether or not the substance, thing or chewing gum is in a condition fit for human consumption. (2) However, food does not include a therapeutic good within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth. (3) To avoid doubt, food may include live animals and plants. Section 3 Unsafe food Not defined. However, IFC Act 1992 includes a definition for ‘failing food’. failing food means examinable food, that: as a result of an inspection, or inspection and analysis, under the Food Inspection Scheme, is found to be: food that does not meet the applicable standards for that food; or food that poses a risk to human health; or is under the provisions of the Scheme, to be such food. Section 3 Interpretation It also expands on the circumstances where food poses a risk to human health under subsection 3(2), as below. For the purposes of this Act, food is unsafe at a particular time if it would be likely to cause physical harm to a person who might later consume it, assuming: it was, after that particular time and before being consumed by the person, properly subjected to all processes (if any) that are relevant to its reasonable intended use, and nothing happened to it after that particular time and before being consumed by the person that would prevent it being used for its reasonable intended use, and it was consumed by the person according to its reasonable intended use. (2) However, food is not unsafe for the purposes of this Act merely because its The main differences are: imported food is only considered unsafe if it has been examined and meets the definition of a ‘failing food’ – under the Model Food Provisions, it is an offence to sell unsafe food at any time definition of ‘failing food’ includes food safety and suitability issues the Model Food Provisions make assumptions that the food has been processed and consumed according to its reasonable intended use and nothing happened to it to prevent the food being used for its reasonable intended use – for example, raw poultry is cooked before it is eaten, according to the instructions on the label. the Food Provisions exclude foods being considered unsafe because they may cause
regulation_impact_statement_3.docx