- Food Safety Act 2005
- ARRANGEMENT OF SECTIONS
- PART I - PRELIMINARY
- PART II - FOOD SAFETY ADVISORY BOARD
- PART III - GENERAL PROVISIONS
- REGISTRATION OF FOOD BUSINESSES' PREMISES
- TRAINING OF FOOD HANDLERS
- HEALTH OF FOOD HANDLERS
- FOOD SAFETY OBLIGATIONS
- SPECIFIC FOOD SAFETY OBLIGATIONS IN FOOD BUSINESS OPERATIONS
- GOOD HYGIENIC PRACTICES
- LABELLING REQUIREMENTS
- EXPIRATION AND "BEST BEFORE" DATES
- OBTAINING FOOD FROM CLOSED AREAS
- PROHIBITED PRODUCT
- PART IV - FOOD INSPECTION AND ANALYSIS
- APPOINTMENT OF FOOD INSPECTORS
- POWERS OF ENTRY AND SEARCH
- INSPECTION REPORT
- INSPECTION FREQUENCY
- SAMPLING
- EXPENSES OF INSPECTION AND RE-INSPECTION
- APPOINTMENT OF ANALYSTS
- CERTIFICATE OF ANALYST TO BE EVIDENCE
- COPY OF RESULT OF ANALYSIS
- COST OF ANALYSIS
- SEIZING ARTICLES
- DESTRUCTION AND DISPOSAL OF SEIZED ARTICLES
- TEMPORARY CLOSURE
- LIABILITY
- PART V - OFFENCES
- PART VI - LEGAL PROCEEDINGS
- PART VII - MISCELLANEOUS
Food Safety Act 2005
REPUBLIC OF NAURU
FOOD SAFETY ACT 2005
(No. 4 of 2005) _________
ARRANGEMENT OF SECTIONS
PART I - PRELIMINARY
1. SHORT TITLE AND COMMENCEMENT 2. INTERPRETATION 3. ACTS BINDING THE REPUBLIC 4. EFFECT ON OTHER ACTS
PART II - FOOD SAFETY ADVISORY BOARD
5. ESTABLISHMENT OF A FOOD SAFETY ADVISORY BOARD 6. ROLES AND RESPONSIBILITIES OF THE FOOD SAFETY ADVISORY BOARD 7. COMPOSITION OF THE BOARD 8. MEETINGS OF THE BOARD
PART III - GENERAL PROVISIONS
9. REGISTRATION OF FOOD BUSINESSES' PREMISES 10. TRAINING OF FOOD HANDLERS 11. HEALTH OF FOOD HANDLERS 12. FOOD SAFETY OBLIGATIONS 13. SPECIFIC FOOD SAFETY OBLIGATIONS IN FOOD BUSINESS OPERATIONS 14. GOOD HYGIENIC PRACTICES 15. LABELLING REQUIREMENTS 16. EXPIRATION AND "BEST BEFORE" DATES 17. OBTAINING FOOD FROM CLOSED AREAS 18. PROHIBITED PRODUCT
PART IV - FOOD INSPECTION AND ANALYSIS
19. APPOINTMENT OF FOOD INSPECTORS 20. POWERS OF ENTRY AND SEARCH 21. INSPECTION REPORT 22. INSPECTION FREQUENCY 23. SAMPLING 24. EXPENSES OF INSPECTION AND RE-INSPECTION 25. APPOINTMENT OF ANALYSTS 26. CERTIFICATE OF ANALYST TO BE EVIDENCE 27. COPY OF RESULT OF ANALYSIS 28. COST OF ANALYSIS 29. SEIZING ARTICLES 30. DESTRUCTION AND DISPOSAL OF SEIZED ARTICLES 31. TEMPORARY CLOSURE 32. LIABILITY
PART V - OFFENCES
33. FOOD SAFETY OFFENCES
PART VI - LEGAL PROCEEDINGS
34. BRINGING OF PROSECUTIONS 35. DISTRICT COURT TO HAVE JURISDICTION 36. PENALTIES 37. OFFENCES BY BODIES CORPORATE 38. ADDITIONAL POWERS OF THE COURT
PART VII - MISCELLANEOUS
39. REGULATIONS
__________
A BILL FOR AN ACT
To provide for the protection of the health of consumers; to provide for production, processing, distribution and trade in safe food; to provide procedures and facilities for services to ensure the safety of the food supply; and related purposes.
(Certified: 2nd August 2005)
ENACTED by the Parliament of Nauru as follows -
PART I - PRELIMINARY
SHORT TITLE AND COMMENCEMENT 1. This Act may be cited as the Food Safety Act 2005 and shall come into operation on a date to be notified by the Minister in the Gazette. INTERPRETATION 2. In this Act, unless the context otherwise requires -
"adulterated", in relation to a food, means:
(a) it contains, or is mixed with, any substance which reduces its properties as compared with such food in a normal or non-deteriorated state;
(b) a substance has been removed from it so that its properties are reduced as compared with such food in a normal or non-deteriorated state;
(c) it contains a substance which is not permitted for use in food;
(d) it contains more of a substance than is permitted;
(e) it is prepared so that the damage, deterioration, or inferiority is or may be concealed;
(f) it is the product of an animal that died naturally of disease; or in the case of a warm-blooded animal, in any way other than by legal slaughter;
(g) it consists wholly or in part of any diseased or putrid or rotten animal or vegetable substance whether manufactured or not;
(h) it contains a hazard or any physical, chemical or biological agent that is or is likely to be injurious to the health of the person consuming the food, whether added with intent or otherwise;
(i) the food comes into contact with a material that contains a substance which may render the food unfit for human consumption
(j) it contains a foreign substance;
(k) it is in a sealed package which is damaged and can no longer protect the contents from contamination or deterioration; or
(l) it is in a package and any contents of the package are different from what the label states the package contains.
"advertise" means use of words, whether written or spoken, symbolic or pictorial representation or design, or any other representation that has the effect of promoting a product for sale.
"article" means (i) any food or (ii) anything used to label or advertise food or (iii) any thing or machine used for the preparation, preservation, packing, storing or displaying of any food.
"best before date" means the date after which a food may not be of the quality expected by a consumer.
"charity and community food business operations" refers to charitable, community based or other socially beneficial organisations that sell food to raise funds for charitable or community purposes and not for personal financial gain, and shall include, but not necessarily be limited to community markets, bazaars, raffles, school fundraising activities, church fundraising activities and district stalls;
"expiration date" means the date after which a food may be unsafe to eat. For the purposes of this Act the phrases "use by", "expiry date" and "expiration date" shall have the same meaning.
"food" means any substance, whether processed, semi-processed or raw, which is intended for human consumption, and includes drinks, chewing gum and any substance which has been used in the manufacture, preparation or treatment of "food" but does not include cosmetics or tobacco or substances used only as drugs.
"food business" means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of production, processing and distribution of food for sale. While not limited to the following, food businesses include restaurants, bakeries, caterers, food wholesalers and retailers, fish vendors, food hawkers, meat butcheries, food processors, food importers and food exporters.
"food handler" means any person who directly handles packaged or unpackaged food, food equipment and utensils, or food contact surfaces and is therefore expected to comply with food hygiene requirements.
"good hygienic practices" means practices as prescribed by the Recommended International Code of Practice-General Principles of Food Hygiene of the Codex Alimentarius Commission.
"hazard" a biological, chemical or physical agent in, or condition of, food with the potential to cause an adverse health effect.
"unsanitary conditions" means such conditions as could cause contamination of a food with dirt or filth, or could render the food injurious or dangerous to health, whether such contamination or injury or danger actually occurs or not.
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