Northern Territory Repealed Regulations Northern Territory Repealed RegulationsThis legislation has been repealed.
[This Regulation commenced on 31 May 1991 and was repealed by the TRADE MEASUREMENT ADMINISTRATION ACT 1990, NO. 41 which commenced on the 31 May 1991.]
NORTHERN TERRITORY OF AUSTRALIA
WEIGHTS AND MEASURES
(DATE-MARKING OF
PRE-PACKAGED FOODS)
REGULATIONS
As in force at 31 May 1991
TABLE OF PROVISIONS
Regulation
1. Citation
2. Commencement
3. Definitions
4. Pre-packaged food for retail to be marked
with date
5. Date to be shown on
pre-packaged food
6. Determination of
expiry date
7. Manner of appending
date
8. Method of storage to be
indicated
9. Alteration of
date
10. Records to be produced to
inspector
11. Exemptions
12. Ancillary provisions relating to orders
under regulation 6(2)
13. Powers of
inspectors
14. Regulatory
offences
Notes
Table
of Amendments
NORTHERN TERRITORY OF AUSTRALIA
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WEIGHTS AND MEASURES
(DATE-MARKING OF
PRE-PACKAGED
FOODS)
REGULATIONS
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NOTE - THIS REPRINT SHOWS THE REGULATIONS AS IN FORCE AT 31 MAY 1991. ANY AMENDMENTS THAT MAY COME INTO OPERATION AFTER THAT DATE ARE NOT INCLUDED.
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These Regulations may be cited as the Weights and Measures (Date-marking of Pre-packaged Foods) Regulations. (See back note 1)
These Regulations shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. (See back note 1)
In these Regulations, unless the contrary intention appears -
"durable life", in relation to an item of pre-packaged food, means the period of probable life of the food calculated from the day on which the food was manufactured or produced;
"expiry date", in relation to an item of pre-packaged food, means the date upon which the durable life of the food, as determined by reference to and in accordance with these Regulations, will expire;
"food" has the meaning ascribed to it in the Food and Drugs Act;
"pre-packaged food" means food that is packaged before supply in any manner by which the food is cased, covered, enclosed, contained, bottled, packed, wrapped or encircled by a band and that is supplied packaged in that manner, but does not include -
(a) food that is packaged in the presence of the person to whom it is supplied or pre-packaged food which is broken down and repacked in the presence of the person to whom it is supplied;
(b) Easter eggs that are handwrapped in foil and carry a statement to that effect;
(c) carbonated beverages;
(d) alcoholic liquors;
(e) pre-packaged food supplied for Christmas, Easter or other particular occasion, in a particular year, having appended to it a statement to that effect;
(f) pre-packaged food where the sum of the maximum dimension and the maximum circum-ference or perimeter, that is perpendicular to that maximum dimension, of the pre-packaged food does not exceed 250 milli-metres, unless intended to be finally supplied in a primary package;
(g) ice-cream and related products as defined in the standard approved by the National Health and Medical Research Council at its eighty-first session in October 1975, being less than 300 millilitres in volume, unless intended to be finally supplied in a primary package;
(h) bread;
(j) sandwiches and filled bread rolls sold on the day of preparation;
(k) fresh unfrozen fruit or vegetables packaged in a manner that does not obscure their nature or quality;
(m) eggs sold in liquid form in quantities not less than 6 kilograms; or
(n) pre-packaged food with a minimum durable life of not less than 2 years;
"primary package", in relation to food, means the package that is, or one of the packages that are, normally visible, without the necessity of first having to remove any other package, when the food is finally supplied, but does not include -
(a) a package in which the food is packaged in the presence of the purchaser;
(b) a package of food, where the sum of the maximum dimension and the maximum circum-ference or perimeter, that is perpendicular to that maximum dimension, of the package does not exceed 250 millimetres; or
(c) a package containing less than 300 milli-litres in volume of ice-cream or a related product as defined in the standard approved by the National Health and Medical Research Council at its eighty-first session in October 1975.
(1) These Regulations apply to pre-packaged food which is or is to be supplied by retail sale or retail exchange, or which is to be exhibited, exposed or had in possession for the purpose of retail sale or retail exchange, other than such food packed before 1 July 1982.
(2) Where pre-packaged food to which these Regu-lations apply has been packed for sale in a primary package on which there is not marked, in the prescribed manner, either -
(a) the date on which the food was packed; or
(b) the date by which the food should be used,
the person who packed the food is guilty of an offence.
Penalty: $200.
(3) A person who sells pre-packaged food to which these Regulations apply that has been, whether inside or outside the Territory, packed for sale in a primary package on which there is not marked, in the prescribed manner, either -
(a) the date on which the food was packed; or
(b) the date by which the food should be used,
is guilty of an offence.
Penalty: $200.
(4) Where a person who has been convicted of an offence against subregulation (2) or (3) is subsequently convicted of an offence against either of those subregu-lations committed after the date of the first-mentioned offence, that person is liable, on the subsequent convic-tion for such an offence, to a fine not exceeding $400.
(1) Subject to subregulation (2) and regulation 11, where pre-packaged food to which these Regulations apply is manufactured or produced in or imported into the Territory -
(a) in the case of pre-packaged food manufactured or produced in the Territory - the manufacturer or producer, as the case may be;
(b) in the case of food which is imported into the Territory and packaged or repackaged in the Territory - the packager or repackager; or
(c) in any other case - the importer of that food,
shall, before supplying that food to any person, append to the primary package of that food accurate statements in accordance with regulations 7 and 8.
Penalty for an offence against this subregulation: $200.
(2) Where pre-packaged food is imported into the Territory with statements in accordance with regulations 7 and 8 appended thereto, the importer of that food shall not be required to append to that food statements in accordance with those regulations, but shall be deemed to have himself appended those statements.
(1) Subject to subregulation (6), a manufacturer, producer or importer into the Territory of pre-packaged food or a person who packages or repackages food imported into the Territory shall, before supplying that food to any person, make a written record that clearly -
(a) relates to the food or to food of the class or description to which it belongs;
(b) indicates that the record is made for the purposes of these Regulations; and
(c) specifies a period consisting of a specified number of days, weeks or months, or any combi-nation thereof, as the period of probable life of the food as packed or repacked.
(2) Subject to regulation 12, the Superintendent may, by notice in the Gazette, direct that a specified period shall be the period of probable life for
a specified class or description of pre-packaged food manufactured or produced in, or imported into, the Territory or of food imported into the Territory and packaged or repackaged in the Territory.
(3) The period of probable life of an item of pre-packaged food is -
(a) the period specified under subregulation (2) by the Superintendent in relation to the class or description of food to which the item belongs; or
(b) if no such period has been specified under subregulation (2), the relevant period specified under subregulation (1)(c).
(4) Subject to subregulation (6), a manufacturer, producer, importer or other person referred to in subregu-lation (1) is guilty of an offence if -
(a) the period specified pursuant to subregu-lation (1)(c) exceeds the length of the period commencing on the day on which the food was manufactured or produced and ending on the last day on which it can reasonably be expected that the food will, when stored under conditions appropriate to that food, retain, without any appreciable deterioration, its normal wholesome-ness, nature, substance and quality; or
(b) he contravenes or fails to comply with subregu-lation (1).
Penalty for an offence against this subregulation:
$200.
(5) A person shall, in respect of any food or class of food supplied by him, keep the records made by him under subregulation (1) for the following period com-mencing on the date on which he ceased to supply that food or class of food:
(a) the period of probable life of that food or class of food as shown in those records; and
(b) a further period of two years.
Penalty for an offence against this subregulation:
$200.
(6) Subregulations (1) and (4) do not apply in relation to an item of pre-packaged food in respect of which -
(a) a direction has been made by the Superintendent under subregulation (2); or
(b) at the time of its importation into the Terri-tory it had appended to it, in accordance with regulation 7 or 11(1)(a), the appropriate words or abbreviation and a date.
(1) Subject to this regulation, the manufacturer, producer or importer of an item of pre-packaged food or the person who packages or repackages food imported into the Territory may comply with regulation 5 by appending to the primary package containing the food -
(a) a statement consisting of the words "packed" or "packaged", or the abbreviation "pkd", followed by a reference to the date on which it was packaged expressed in the manner set out in subregulation (2); or
(b) a statement consisting of the words "use by" followed by a reference to a date not later than the expiry date for the food expressed in the manner set out in subregulation (2).
(2) Subject to subregulations (3) and (4), a date referred to in subregulation (1) shall be -
(a) first the day expressed, in arabic figures, as a cardinal number, or in arabic figures and in letters as an ordinal number;
(b) followed by the month expressed, in letters, as the unab-breviated name of the month or by the first 3 letters of the name of the month; and
(c) followed by the year expressed, in arabic figures, by the 4 numbers, or by the last 2 numbers, of the year.
(3) In the case of food that has a durable life of less than 90 days, the date may be indicated by showing only -
(a) the day expressed, in arabic figures, as a cardinal number, or in arabic figures and in letters as an ordinal number; and
(b) followed by the month expressed, in letters, as the unabbreviated name of the month or by the first 3 letters in the name of the month.
(4) In the case of food that has a durable life of 90 days or more, the date may be indicated by showing only -
(a) the month expressed, in letters, as the unabbreviated name of the month or by the first 3 letters of the name of the month; and
(b) followed by the year expressed, in arabic figures, by the 4 numbers, or by the last 2 numbers, of the year.
(5) A statement referred to in subregulation (1) shall -
(a) be conspicuously appended to the primary package in which the food is contained in such a manner that the statement will, in the course of normal handling, remain affixed to that package and be clearly legible; and
(b) appear in figures or capital letters that are clear, prominent and conspicuous with a figure or letter height of -
(i) where the statement is in distinct colour contrast with the background - not less than 3 millimetres; and
(ii) in any other case - not less than 4.5 millimetres.
(6) A statement referred to in subregulation (1)(a) may, and if so required by a direction of the Super-intendent published in the Gazette shall, be accompanied by a further statement indicating the minimum durable life of the item of pre-packaged food by using the words "minimum durable life" followed by the relevant number of days, weeks, months or years.
(7) Where pre-packaged food has been broken down and repackaged, a reference in subregulation (2) to the day of the month in the year, the month of the year or the day of the month in which the food was packaged shall be construed as a reference to the day or the month in which the food was first packaged.
An item of pre-packaged food to which regulation 5 applies shall, in addition to having appended thereto a statement in the form prescribed in regulation 7, also bear a clear and legible statement in the prescribed form indicating the conditions of storage required to ensure that the date by which the food should be used, or the stated minimum durable life of the food, as the case may be, will be that given in the first-mentioned statement.
Penalty: $200.
(1) A supplier who, except so far as may be authorized by these Regulations, alters or effaces a statement which has been appended to pre-packaged food in accordance with regulation 5(1), is guilty of an offence.
Penalty for an offence against this subregulation:
$200.
(2) A person who supplies pre-packaged food bearing a statement which has been appended in accordance with regulation 5(1) which has been, except so far as may be authorized by these Regulations, altered or effaced is guilty of an offence unless he proves that he acted without intent to deceive or defraud.
Penalty for an offence against this subregulation:
$200.
(3) For the purposes of subregulations (1) and (2), a statement appended to pre-packaged food in accordance with regulation 5(1) is altered not only when it is physically altered but also when a further statement which has the effect of contradicting, qualifying or modifying it, is appended to the primary package containing that food, or is contained in an advertisement used to promote the supply of that food or food of the same class or description.
(1) An inspector may require a manufacturer, producer, importer or other person referred to in regu-lation 5(1) to produce to the inspector records required by regulation 6(1) to be kept by the manufacturer, producer, importer or other person.
(2) Subject to subregulation (3), a manufacturer, producer, importer or other person referred to in subregu-lation (1) shall not, without reasonable excuse, refuse or fail to produce for examination by the inspector the records required under subregulation (1) to be produced.
Penalty for an offence against this subregulation:
$200.
(3) Subregulation (1) does not apply in relation to the records which, under regulation 6(5), a person is no longer required to keep.
(1) The Minister may, by notice in the Gazette, exempt from the provisions of regulation 5, either uncon-ditionally or subject to conditions specified in the notice, a class or description of pre-packaged food if he is satisfied that -
(a) there is or is to be appended thereto sufficient information relating to the date of manufacture, production or packaging or a date before which it can be reasonably expected that the food will, when stored under conditions appropriate to that food, retain, without any appreciable deterioration, its normal wholesomeness, nature, substance and quality; or
(b) the expense of complying with the requirements of that regulation is not warranted having regard to the value of the pre-packaged food.
(2) The Minister may, by notice in the Gazette, exempt from the provisions of regulation 5, either uncon-ditionally or subject to conditions specified in the notice, the supplier, manufacturer, producer, importer or other person, as the case may be, named in the notice, for such period as is specified in the notice.
(1) A person who manufactures or produces in, or imports into, the Territory any food (whether pre-packaged or not) the subject of a notice under regulation 6(2) may, within 14 days after the service of the notice, appeal in writing to the Minister, giving the grounds of his appeal, and the Minister may, upon receipt of such appeal, confirm, vary or revoke the notice in such manner as he thinks fit.
(2) The decision of the Minister on an appeal under subregulation (1) shall be deemed to be the decision of the Superintendent.
(3) A notice under regulation 6(2) shall not take effect until 21 days after it is published or, if an appeal is made under this regulation, until the appeal has been determined.
An inspector may, at any reasonable time, make such examinations and inquiries as he thinks necessary to ascertain whether the provisions of these Regulations are being complied with.
14. REGULATORY OFFENCES
An offence of contravening or failing to comply with regulation 5, 6(5), 8 or 9(1) is a regulatory offence.
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Notes
1. The Weights and Measures (Date-Marking of
Pre-packaged Foods) Regulations, in force under the Food Act, comprise
the Regu-lations 1982, No. 34 as amended by the other Regulations and Acts
specified in the following
table:
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Year and Date made Date notified Date
of
number in N.T.
Govt commencement
Gazette
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1982, No. 34 3 June 1982 11 June 1982 1 Jan 1983 (a)
1982, No. 68 16 Dec 1982 23 Dec 1982 1 Jan
1983
(See Reg. 2)
Act No. 68, 1983 28 Nov 1983 - 1 Jan 1984
Act No. 60, 1990 14 Dec 1990 - 31 May
1991
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(a) Regulation 2 provides as follows:
"These Regulations shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.".
That date was 1 January 1983 (See N.T. Govt Gazette No. G31 of 6 August 1982, page 5).
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Table of Amendments
Regulation
3. Amended by 1982, No. 68
4. Substituted by Act No. 60, 1990, s.
4
14. Added by Act No. 68, 1983, s.
56
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