The Food Act 2001 (external site) is the key food safety legislation in South Australia. It was passed by Parliament on the 9th August 2001 and became operational on 1 December 2002. The Act, is modelled on the national Food Bill developed by Food Standards Australia New Zealand (formerly ANZFA) in consultation with industry and consumer representatives.

What it does

The Food Act 2001 creates a legal obligation for the entire SA food industry to produce food that is safe and suitable. It has significantly increased penalties and broad powers to take action in a food emergency or if an offence has allegedly been committed.

The Food Act 2001 recognises the national Food Safety Standards. In line with the national food safety reform, South Australia has not adopted as mandatory Food Safety Standard 3.2.1 - Food Safety Programs.  South Australia is unlikely to proceed with the introduction of mandatory Food Safety Programs until there has been national agreement reached on their uniform introduction

More information on the Food Act 2001 and Food Regulations 2002 (including the Food Safety Standards) (external site) is available on the Department of Health website (external site).

Some parts of the Food Act do not apply to primary food producers

The Food Act 2001 consists of 11 parts. Of these, 3 never apply to primary food producers and 2 only apply in special circumstances.

The parts that do not apply to primary food producers are:

• Part 5 - Improvement Notices and Prohibition Orders.
• Part 7 - Auditing
• Part 8 - Notification of Food Businesses
  

The parts that only apply to primary food producers in special circumstances are:

• Part 4 - Inspection and Seizure Powers
• Part 6 - Taking and Analysis of Samples
  

The special circumstances are:

• to enable the investigation and prosecution of offences under the Act or the regulations, and/or
• in connection with the making or enforcement of emergency orders under Part 3.
  

Parts of the Food Act 2001 relative to primary food producers (pdf 9kb)
A one page list of the parts of the Food Act 2001 and when they apply to primary food producers. Also a brief explanation of some Food Act terms

Food Act 2001 Offences and Penalties

The Food Act 2001 introduces significant increases in penalties for offences.

For example, for serious offences like:

• the handling of food for sale in an unsafe manner or
• the sale of unsafe food or
• the false description of food

the Food Act 1985 imposed a penalty of $2500. The Food Act 2001 now imposes the following penalties:

If the offender knows the food is unsafe or is likely to cause harm because it is falsely described the penalty is - body corporate $500 000 person $100 000 or 4 years gaol

If the offender ought to know food is unsafe or is likely to cause harm because it is falsely described· body corporate $375 000 person $75 000

Find out more about food legislation

General & technical queries regarding the Food Safety legislation can be made to the:

Food Section
Department of Health
Level 2, 150 Grenfell Street, Adelaide, South Australia 5000
Telephone: (08) 8226-7107
Facsimile: (08) 8226-7102 (International: 61-8-8226-7102)
E-mail address: food@health.sa.gov.au
PO Box 6 Rundle Mall, Adelaide, SA 5000