Food (Administration) Regulations

NORTHERN TERRITORY OF AUSTRALIA FOOD (ADMINISTRATION) REGULATIONS As in force at 10 December 1997 TABLE OF PROVISIONS Regulation 1. Citation 2. Forms 3. Certificate of analyst 4. Sealing, &c., And marking of container or package 5. Prescribed particulars 6. Forms for seizure and detention of article Schedule Notes Table of Amendments Food (Administration) Regulations 2 NORTHERN TERRITORY OF AUSTRALIA FOOD (ADMINISTRATION) REGULATIONS NOTE - THIS REPRINT SHOWS THE REGULATIONS/ACT AS IN FORCE AT 10 DECEMBER 1997. ANY AMENDMENTS THAT MAY COME INTO OPERATION AFTER THAT DATE ARE NOT INCLUDED. 1. CITATION These Regulations may be cited as the Food (Administration) Regulations. (See backnote 1) 2. FORMS A reference in these Regulations to a form by number is a reference to the form so numbered in the Schedule. 3. CERTIFICATE OF ANALYST For the purposes of section 15(1) of the Act, the certificate of the analyst giving the results of the analysis of food submitted to him shall be in accordance with Form 1. 4. SEALING, &c., AND MARKING OF CONTAINER OR PACKAGE For the purposes of section 18(b) of the Act, a container or package containing a sample or part of a sample shall (a) be fastened or sealed by an adhesive paper seal, and/or an adhesive pressure sensitive tape, inscribed with the words “NT Department of Health and Community Services”, whichever the authorised officer considers suitable on account of the nature of the container or package; and (b) bear a label on which is written the sample number and a description of the food sampled, and which is signed and dated by the authorised officer. Food (Administration) Regulations 3 5. PRESCRIBED PARTICULARS For the purposes of section 18(c) of the Act, the prescribed particulars that an authorised officer must endorse on the approved form accompanying a container or package containing a sample or part of a sample are (a) the name, title and office address of the authorised officer; (b) the date the authorised officer obtained the sample; (c) a description of the sample, including (if considered to be relevant by the authorised officer) the temperature of the food sampled at the time the sample was obtained; (d) the details of the storage of the sample from the time it was obtained until it was delivered or posted to the analyst; (e) the method of packaging the sample and of the sealing of the sample; (f) the method of labelling the sample; (g) the method of delivery of the sample to the analyst and the date and time it was delivered (if delivered personally to the analyst) or posted (if sent by registered mail to the analyst); (h) the purpose of the analysis to be carried out on the sample; and (j) any other matters the authorised officer considers will assist in the analysis of the sample. 6. FORMS FOR SEIZURE AND DETENTION OF ARTICLE Where an article is seized and detained under section 8 of the Act (a) the notice of the seizure and detention of the article given by the authorised officer under section 24 of the Act shall be in accordance with Form 2; and (b) an application under section 26 of the Act to a court for an order directing the authorised officer to release the article shall be in accordance with Form 3. SCHEDULE FORM 1 NORTHERN TERRITORY OF AUSTRALIA Section 15(1) Food Act Food (Administration) Regulations 4 Regulation 3 Food (Administration) Regulations CERTIFICATE OF ANALYSIS I, ........................ of .......................... (Name of Analyst) (Address of Analyst) being a person appointed to be an analyst for the purpose of the Food Act, certify that on......................... (Date) I received by *hand/registered post in good order the container/package herein described from: ......................................................... (Name and address of authorised officer presenting sample for analysis) A sample ......................................................... (Description of sample, container/package containing sample and seals used and marking of container) I have *analysed/supervised the analysis of the sample and the results of the analysis are as follows ......................................................... ......................................................... * Strike out words which are not applicable Dated 199 . ............................. Analyst's signature Certificate No. Food (Administration) Regulations 5 FORM 2 NORTHERN TERRITORY OF AUSTRALIA Section 24 Food Act Regulation 6 Food (Administration) Regulations NOTICE OF SEIZURE AND DETENTION To ................................................(Name) of .............................................(Address) I, ................................ an authorised officer under the Food Act hereby give notice that I have at ..........*a.m./p.m. this day seized and detained the *article/articles described below. Description of *article/articles ......................................................... ......................................................... Grounds for seizure of *article/articles ......................................................... ......................................................... IMPORTANT NOTICE IN RELATION TO SEIZURE OF ARTICLE(S) Unless you or a person claiming ownership of the article or articles apply to a magistrate within 72 hours after this seizure for an order for release of the detained article(s) in accordance with Form 3 in the Schedule to the Food (Administration) Regulations the seized and detained article(s) shall become the property of the Territory and shall be destroyed or otherwise disposed of. NOTE: under section 26 of the Act, if you make an application to a magistrate, you must also promptly give a copy of the application to the Chief Health Officer. Date ................... Signature of Authorised Officer ......................... Address of Authorised Officer ........................... Signature of *proprietor/owner of article(s) ............ * (Strike out words which are not applicable) Food (Administration) Regulations 6 FORM 3 NORTHERN TERRITORY OF AUSTRALIA Section 26 Food Act Regulation 6 Food (Administration) Regulations APPLICATION FOR AN ORDER FOR RELEASE OF A SEIZED ARTICLE To the Magistrates Court at ............................. I, ........................ of .......................... (Name) (Address) apply for an order directing the release from detention of the *article/articles described below which were seized on .......... (Date) at .......................... ................................................(Address) and detained by an authorised officer under section 24 of the Food Act. Description of article or articles; ......................................................... ......................................................... Name of authorised officer who seized and detained the article or articles: ......................................................... Reason(s) for application: * The authorised officer did not have any reasonable grounds for believing the *article was/articles were in contravention of any provision of the Food Act. * The *article was/articles were not in contravention of any provision of the Food Act. Signature ........................ Date ................. * Strike out whichever is not applicable. NOTE: 1. Applications for an order directing the release of the detained article(s) must be made within 72 hours of the seizure of the article(s); and 2. The applicant must promptly after making an application give a copy of the application to the Chief Health Officer. Food (Administration) Regulations 7 Notes 1. The Food (Administration) Regulations, in force under the Food Act comprise the Regulations 1995, No. 20 as amended by the other Regulations and Act specified in the following table: Number Date made Date notified Date of and year in the N.T. commencement Gov Gazette 1995, No. 20 31 May 1995 14 June 1995 14 June 1995 Act No. 17, 1997 30 April 1997 s. 16: 10 Dec 1997 Remainder: 1 May 1997 Table of Amendments Regulation Schedule Amended by No. 17, 1997, s. 18