FOOD SAFETY
NSW Food Act 2003
1. The Food Act 2003 commenced on 23 February 2004. The Food Act 1989 and the
Food Regulation 2001 were repealed at the same time. The Act can be viewed at www.legislation.nsw.gov.au. 2. The objects of the Act are to ensure food is safe and suitable for human consumption, to prevent misleading conduct in connection with the sale of food, and to provide for the application of the Food Standards Code in this State.
3. The Food Regulation 2004 takes effect concurrently with the commencement of the
Act. The object of the regulation is to allow continuity without significant administrative change through later in 2004 when it is anticipated the new NSW food authority will commence.
4. It is anticipated that the Act will be amended in the current term to implement the new Food Authority and to integrate the functions of SafeFood NSW. A media release announcing the Government's intentions can be seen at www.safefood.nsw.gov.au/pages/0.6.mr-15dec03.htm 5. The Act defines the Director-General of Health as the Regulatory Authority in the interim. The new food authority would take over this role when commenced later this year.
6. The Director-General retains sole responsibility for emergency powers such as prohibiting the sale of a particular food, or directing that a food be recalled.
7. Local government councils are prescribed as "enforcement agencies" by the regulation. This enables councils to continue their existing roles and functions under the Food Act. SafeFood NSW is also prescribed as an enforcement agency.
8. The Director-General is defined as the "appropriate enforcement agency" for some specific provisions in both the Act and the Food Standards Code, however the Food
Regulation allows for delegation to General Managers of local councils. Specific delegations have been prepared for some provisions in the Food