Meaning of food

9 Meaning of food

(1)

In this Act, unless the context otherwise requires, food

(a)

means anything that is used, capable of being used, or represented as being for use, for human consumption (whether raw, prepared, or partly prepared); and

(b)

includes—

(i)

seeds, plants, or plant material intended for human consumption, including seeds that are intended to be sprouted and consumed as sprouts, but not other seeds, plants, or plant material intended for planting; and

(ii)

live animals intended for human consumption at the place of purchase; and

(iii)

live animals intended for human consumption that are sold in retail premises; and

(iv)

any ingredient or other constituent of any food or drink, whether that ingredient or other constituent is consumed or represented for consumption on its own by humans, or is used in the preparation of, or mixed with or added to, any food or drink; and

(v)

anything that is or is intended to be mixed with or added to any food or drink; and

(vi)

chewing gum, and any ingredient of chewing gum, and anything that is or is intended to be mixed with or added to chewing gum; and

(vii)

anything that is declared by the Governor-General, by Order in Council made under section 393, to be food for the purposes of this Act; but

(c)

does not include—

(i)

any tobacco; or

(ii)

any cosmetics; or

(iii)

any substance that—

(A)

is used only as a medicine or is a controlled drug or psychoactive substance; but

(B)

is not the subject of a declaration referred to in paragraph (b)(vii); or

(iv)

any inedible food-related accessory; or

(v)

anything that is declared by the Governor-General, by Order in Council made under section 393, not to be food for the purposes of this Act.

(2)

To avoid doubt, neither subsection (1)(b)(iv) nor (v) requires any ingredient or other constituent of any food or drink or anything that is or is intended to be mixed with or added to any food or drink to comply, on its own, with the applicable requirements of this Act that specifically relate to food in its final consumable form.

(3)

However, the food in its final consumable form must still comply with the applicable requirements of this Act.

(4)

In this section,—

animal has the meaning given by section 4(1) of the Animal Products Act 1999

controlled drug has the meaning given by section 2 of the Misuse of Drugs Act 1975

medicine has the meaning given by section 3 of the Medicines Act 1981

psychoactive substance has the meaning given by section 9 of the Psychoactive Substances Act 2013.

Section 9(1)(c)(iii): replaced, on 2 March 2018, by section 4(1) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 9(4): replaced, on 2 March 2018, by section 4(2) of the Food Safety Law Reform Act 2018 (2018 No 3).