AN ACT TO PROMOTE PUBLIC HEALTH AND SAFETY WITH REGARD TO FOOD, TO REGULATE THE PREPARATION, SALE AND USE OF FOOD, TO ASSIST CONSUMERS MAKE INFORMED CHOICES ON FOOD, TO PROMOTE FAIR TRADING PRACTICES IN RELATION TO FOOD AND FOR RELATED MATTERS
[FOS 2] Interpretation2
- adulterant
means any material or substance which is or could be used for the purpose of adulterating food;
- advertisement
means—
- (a)any written or spoken word;
- (b)any symbolic, pictorial representation or design;
- (c)any other form of representation or expression published,
used or apparently used to directly or indirectly promote the sale, distribution or disposal of any food;
- analyst
means a person authorised under section 32(1)(a);
- animal
includes any quadruped or bird whether domesticated or wild, fish, crustacean, mollusc, shellfish, octopus, jelly-fish, turtle, reptile, insect or worm and its product such as egg, caviar or milk, the whole or part of which is consumed or presented for consumption;
- appliance
means the whole or any part of any utensil, machinery, instrument, apparatus or any other thing used for handling, conveying, serving, selling or supplying any food, and includes any utensil, machinery, instrument, apparatus or any other thing used or that could be used in cleaning any appliance or food vending machine;
- approved laboratory
means a laboratory approved under section 32(1)(b);
- article
includes—
- (a)any food or adulterant;
- (b)any appliance;
- (c)any package, or any material used or that could be used in packing food;
- (d)any labelling or advertising material connected with food;
- (e)any other thing found in any food premises or on a person handling food;
- aspect
, when used in connection with food; includes the character, nature, value, price, substance, quality, strength, purity, composition, merit, safety, amount, origin, age and effect of the food or of any ingredient, constituent of the food which induces a consumer to buy the food or any information in that regard which is needed for making an informed decision;
- authorised officer
means a person appointed under section 33;
- batch number
means any combination of letters or figures or both, used for marking, identifying or tracing a batch or lot of pre-packaged food or articles when manufactured, distributed or sold, and includes a date mark; and lot number has a corresponding meaning;
- Board
means the Central Board of Health constituted under section 3 of the Public Health Act 1935;
- Codex Alimentarius
means the internationally adopted food standards published by the Codex Alimentarius Commission and Codex has a corresponding meaning;
- Codex Alimentarius Commission
means the international body established by the World Health Organization and Food and Agriculture Organization to carry out Food Standards Programmes for the purpose of protecting the health of consumers and facilitating international trade;
- Committee
means the Food Safety Advisory Committee established by section 29;
- consumption
means human consumption; and consumed has a corresponding meaning;
- examine
includes test, measure, count, weigh or compare with another standard;
- food
means any substance or matter used or represented for consumption as food or drink, whether alcoholic or otherwise, and includes—
- (a)any ingredient, food additive or other substance that enters into or is used in the composition or preparation of food or drink;
- (b)any confectionery or chewing substance, including ice and ice cream;
- (c)salt or spices, whether used as ingredients or otherwise;
- (d)any other substance declared to be food under subsection (2), but does not include a substance or matter used as a drug or medicine unless it is sold as food;
- (e)for the purposes of this Act, water which is meant for consumption classified as a food, including bottled water and water that is used in food or beverages or in conjunction with the processing of food;
- food authority
means a local authority or any other body empowered by the Board to function as a food authority under this Act, and appropriate authority or the authority has a corresponding meaning;
- food establishment
means any operation or any business entity that stores, prepares, packages, serves, vends or provides food for consumption and includes food processing establishment or delivery service, and establishment has a corresponding meaning;
- food processing
means the mixing, heating, separating, cooling, freezing, fermenting, preserving or reducing in size of one or more edible components to produce products fit for human consumption;
- food processing establishment
means a commercial operation that manufactures, packages, labels or stores food for human consumption and does not provide food directly to a consumer;
- food vending machine
means any machine or mechanical device used or capable of being used for selling or supplying food without any intervention or addition by or on behalf of the seller at the time of sale or supply;
- import
means bring or cause to be brought into Fiji for the purpose of consumption;
- importer
includes a person who as owner, consignor, agent or broker is entitled to the possession, custody or control of imported food, whether or not it has been purchased by the person;
- ingredient
includes any element of an ingredient;
- insanitary condition
means any condition or circumstance that might cause adulteration or contamination of food with dirt, filth or harmful substances or which might render food injurious or dangerous to health or offensive as food, or any other condition or circumstance that clearly violates hygiene requirements;
- label
means any tag, brand or mark, and any statement or pictorial or other, descriptive matter written, printed, stencilled, marked, embossed or impressed on, or attached to or included in, or belonging to, used with, or displayed in connection with or accompanying any food or any package of food;
- licence
means a licence issued under Part 3;
- local authority
has the meaning given in section 10 of the Public Health Act 1935;
- mixture
means any food made by mixing together other food ingredients;
- owner
includes the owner's agent or an importer, exporter, distributor, seller or a person in possession or control of any food;
- package
means anything in or by which food to be sold is wholly or partly packed, cased, covered, enclosed or contained and includes a basket, barrel, bag, bottle, casket, pail, receptacle, sack or wrapper of any kind whether open or closed;
- premises
means any place or establishment, where food is sold or prepared, packed or kept for sale, and includes a building, tent, stall or other temporary structure, together with the land on which the same is situated and any adjoining land or structure used in connection therewith; and “food premises” has a corresponding meaning;
- pre-packaged
, in relation to an item, means the pre-packaged item, which consists of food and the packaging into which the food was packed before being offered for sale, whether or not the packaging encloses the food completely or partially, but in any case, in such a way that the contents of the package cannot be altered without opening or changing the packaging;
- prohibited food
means any food which is declared to be prohibited under or contravenes this Act or the regulations;
- proprietor
, in relation to food premises, means a person who owns, possesses, operates or is apparently in charge of such premises;
- publish
means—
- (a)to insert in a newspaper or any other publication;
- (b)to send to a person by post;
- (c)to deliver by hand;
- (d)to distribute in a public place;
- (e)to leave on premises, a dwelling or any other place in the occupation of a person, temporarily or otherwise;
- (f)to disseminate by broadcast, telecast or projected image whether moving or still; or
- (g)to bring to the notice of the public in any manner whatsoever;
- sample
includes a part of a sample;
- sell
, in connection with a food article, means to sell for consumption or use by a person, and includes—
- (a)to barter, to offer or attempt to sell, to receive for sale, to have in possession for sale, to expose for sale, to send, forward or deliver for sale or to cause or allow to be sold, offered or exposed for sale;
- (b)to re-sell for consumption or use;
- (c)in consideration of an inclusive charge for the article supplied, to supply for consumption or use by a person pursuant to a contract, together with accommodation, service or entertainment including supply of a meal at a hotel, boarding house, restaurant or function room;
- (d)to offer as a prize or reward;
- (e)to give away for the purpose of advertisement or promotion of a food or of any other trade or business;
- vehicle
means a device, whether mobile or not, that is usually a means of conveyance on land and includes a cart, caravan, bicycle or railway carriage or other similar contrivance; and
- vessel
means a ship, boat or any other form of similar transportation used in navigation either on the sea, in inland waters, and includes, a barge, hulk or air-cushion vehicle whether or not operational.
- (a)intended for consumption; or
- (b)represented for consumption that does not come within the definition of “food”.
The Laws of Fiji