5 Application of Act
  • (1) This Act applies to food for sale and food-related accessories.

    (2) This section must be read in conjunction with sections 314 and 315 (which contain provisions that allow the Governor-General, by Order in Council, to exempt certain things or certain classes of persons or operations from the application of all or any provisions of this Act).

    (3) To avoid doubt, this Act applies to—

    • (a) an animal product that is produced and processed under the Animal Products Act 1999 (whether the animal product is for sale on the domestic market or is to be exported), if that animal product is also a food; and

    • (b) wine that is produced and processed under the Wine Act 2003 (whether the wine is for sale on the domestic market or is to be exported), because wine is a food as defined in this Act.

    (4) Subsection (3) is subject to—

    • (a) sections 42 and 43; and

    • (b) sections 316 to 319; and

    • (c) sections 32 to 34 and 60B of the Animal Products Act 1999; and

    • (d) section 15A of the Wine Act 2003.

    (5) Despite subsection (3) and sections 320 and 321, if there is any inconsistency between the applicable requirements of this Act and those of the Animal Products Act 1999 or the Wine Act 2003 in relation to an animal product or wine referred to in that subsection or in those sections, the requirements of those Acts prevail.