Australian Capital Territory
Food Regulations 1994
SL1994-4
made under the
Food Act 1992
Republication No 0B
Effective:  16 September 1999 – 30 June 2000
Republication date: 19 July 2012
Last amendment made by SL1999-18

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Food Regulations effective 16 September 1999 to 30 June 2000.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.

Australian Capital Territory

food regulations 1994
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 16 September 1999
TABLE OF PROVISIONS
Regulation
	1.	Name of regulations
	2.	Commencement
	3.	Interpretation
	4.	Exemptions from licensing requirements
	5.	Sale of eggs

1 	Name of regulations
	These regulations are the Food Regulations 1994.
2 	Commencement
(1) 	Regulations 1, 2 and 3 commence on the day on which these Regulations are notified in the Gazette.
(2) 	Regulation 4 commences on the day on which section 19D of the Act commences.

3 	Interpretation
	In these Regulations, unless the contrary intention appears—
the Act means the Food Act 1992.
4 	Exemptions from licensing requirements
	For the purposes of subsection 19D (2) of the Act—
	(a)	a person who carries on a food business consisting solely of—
	(i)	selling, by retail, non-perishable and pre-packaged food;
	(ii)	the transportation of food; or
	(iii)	the sale and delivery of milk to residential premises in accordance with a vendor’s permit or a vendor’s licence granted under the Milk Authority Act 1971; or
	(b)	a person who carries on business in a State (being a business in respect of which the person holds a licence or is otherwise authorised under the law of that State corresponding to the Act) and who carries on a food business consisting solely of, on not more than 2 occasions in any calendar year, selling food from a vehicle at a show, festival or other outdoor activity in the Territory of not more than 3 days duration;
is exempt from subsection 19D (1) of the Act.
5 	Sale of eggs
(1)		For section 24B of the Act, an expression in the following table is a prescribed expression, with the meaning given in the table, if it is immediately followed or preceded on the label by the word “egg”:
Expression	Conditions under which the hens that
produced the eggs are kept	
Battery cage	Hens are kept in cages—
	(a) 	without access to litter, perch or nest; and
	(b) 	in accordance with the stocking level and other requirements for cage systems under the code.	

Expression	Conditions under which the hens that
produced the eggs are kept	

Barn	Hens are kept—
	(a) 	with the freedom and capacity to socialise, to move freely within the shed, to stretch, perch, nest, dust bathe, flap wings and fly; and
	(b) 	with adequate perching facilities and nests available to birds within the shed to accommodate the needs of all hens; and
	(c) 	with half the housing kept under litter; and
	(d) 	in accordance with the stocking level and other requirements for deep litter systems  on a single level under the code.	

Aviary	Hens are kept in a shed—
	(a) 	with the freedom and capacity to socialise, to move freely within the shed, to stretch, perch, nest, dust bathe, flap wings and fly; and
	(b) 	with adequate perching facilities and nests available to birds on a number of levels within the shed to accommodate the needs of all hens; and
	(c) 	with half the housing kept under litter; and
	(d)	in accordance with the stocking level and other requirements for deep litter systems under the code with the allowance of a number of additional levels of nesting and perching space.	
Free range	Hens are kept—
	(a) 	with continuous day-time access to outdoor runs; and
	(b) 	with access at all times to indoor litter, perches and nests; and
 	(c) 	with adequate protection at all times from predators and the elements; and
	(d) 	in accordance with the stocking level and other requirements for range systems under the code.	

(2)		For section 24B of the Act, a label is conspicuous if the prescribed expression is in a standard type of at least 6 mm.
(3)		In this regulation—
code means the current Model Code of Practice for the Welfare of Animals: Domestic Poultry, made by the Animal Health Committee of the Standing Committee on Agriculture and Resource Management (SCARM).

NOTE
1.	The Food Regulations 1994 (in force under the Food Act 1992)  as shown in this reprint comprise Subordinate Law No. 4, 1994 amended as indicated in the Tables below.
Table of Subordinate Laws
Regulation
No.	Date of making	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

1994 No 4	24 Feb 1994	28 Feb 1994	rr 1-3: 28 Feb
1994
remainder:
27 Feb 1994		
1999 No 18	15 Sept 1999	16 Sept 1999	16 Sept 1999		

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

reg 1	sub 1999 No 18 reg 3
reg 5	ins 1999 No 18 reg 4

 

©  Australian Capital Territory 2012