REPUBLIC OF NAURU
FOOD SAFETY ACT 2005
As in force from 03 November 2011
This consolidation comprises Act No. 4 of 2005 as amended and in force from 03 November 2011 (being, at the time the consolidation was prepared on 2 6 September 2014, the date of commencement of the most recent amendment).
The notes section at the end of the consolidation includes a reference to the law by which each amendment was made. The Table of Amendments in the notes section sets out the legislative history of individual provisions.
The operation of amendments that have been incorporated in the text of the consolidation may be affected by application provisions that are set out in the notes section at the end of the consolidation
This consolidation is prepared and published in a legislation database by the Department of Justice and Border Control (DJBC) under the Legislation Publication Act 2011
Food Safety Act 2005
Contents
PART I - PRELIMINARY......................................................................................................1
1. SHORT TITLE AND COMMENCEMENT .................................................................1
2. INTERPRETATION .................................................................................................1
3. ACTS BINDING THE REPUBLIC .............................................................................4
4. EFFECT ON OTHER ACTS .....................................................................................4
PART II - FOOD SAFETY ADVISORY BOARD...................................................................4
5. ESTABLISHMENT OF A FOOD SAFETY ADVISORY BOARD ...............................4
6. ROLES AND RESPONSIBILITIES OF THE FOOD SAFETY ADVISORY BOARD..4
7. COMPOSITION OF THE BOARD ............................................................................5
8. MEETINGS OF THE BOARD ...................................................................................5
PART III - GENERAL PROVISIONS....................................................................................6
9. REGISTRATION OF FOOD BUSINESSES' PREMISES .........................................6
10. TRAINING OF FOOD HANDLERS...........................................................................7
11. HEALTH OF FOOD HANDLERS..............................................................................7
12. FOOD SAFETY OBLIGATIONS ...............................................................................7
13. SPECIFIC FOOD SAFETY OBLIGATIONS IN FOOD BUSINESS OPERATIONS ..8
14. GOOD HYGIENIC PRACTICES ...............................................................................8
15. LABELLING REQUIREMENTS ................................................................................8
16. EXPIRATION AND "BEST BEFORE" DATES ..........................................................9
17. OBTAINING FOOD FROM CLOSED AREAS ..........................................................9
18. PROHIBITED PRODUCT .......................................................................................10
PART IV - FOOD INSPECTION AND ANALYSIS..............................................................10
19. APPOINTMENT OF FOOD INSPECTORS ............................................................10
20. POWERS OF ENTRY AND SEARCH ....................................................................10
21. INSPECTION REPORT..........................................................................................12
22. INSPECTION FREQUENCY ..................................................................................12
23. SAMPLING .............................................................................................................12
24. EXPENSES OF INSPECTION AND RE-INSPECTION ..........................................13
25. APPOINTMENT OF ANALYSTS ............................................................................13
26. CERTIFICATE OF ANALYST TO BE EVIDENCE ..................................................13
27. COPY OF RESULT OF ANALYSIS ........................................................................13
28. COST OF ANALYSIS .............................................................................................13
29. SEIZING ARTICLES...............................................................................................14
30. DESTRUCTION AND DISPOSAL OF SEIZED ARTICLES ....................................14
31. TEMPORARY CLOSURE.......................................................................................15
32. LIABILITY ...............................................................................................................16
PART V - OFFENCES .......................................................................................................16
As in force from 03 November 2011
Food Safety Act 2005
33. FOOD SAFETY OFFENCES ..................................................................................16
PART VI - LEGAL PROCEEDINGS...................................................................................17
34. BRINGING OF PROSECUTIONS ..........................................................................17
35. DISTRICT COURT TO HAVE JURISDICTION.......................................................17
36. PENALTIES ............................................................................................................17
37. OFFENCES BY BODIES CORPORATE ................................................................18
38. ADDITIONAL POWERS OF THE COURT .............................................................18
PART VII - MISCELLANEOUS ..........................................................................................18
39. REGULATIONS ......................................................................................................18
As in force from 03 November 2011
REPUBLIC OF NAURU
FOOD SAFETY ACT 2005
Act No. 4 of 2005
An Act to provide for the protection of the health of consumers; to provide for production, processing, distribution and trade in safe food; to provide procedures and facilities for services to ensure the safety of the food supply; and related purposes.
Certified: 2nd August 2005
ENACTED by the Parliament of Nauru as follows –
PART I - PRELIMINARY
1. SHORT TITLE AND COMMENCEMENT
This Act may be cited as the Food Safety Act 2005 and shall come into operation on a date to be notified by the Minister in the Gazette.1
2. INTERPRETATION
In this Act, unless the context otherwise requires -
‘adulterated’, in relation to a food, means:
(a) it contains, or is mixed with, any substance which reduces its properties as compared with such food in a normal or non- deteriorated state;
(b) a substance has been removed from it so that its properties are reduced as compared with such food in a normal or non- deteriorated state;
(c) it contains a substance which is not permitted for use in food;
(d) it contains more of a substance than is permitted;
1 The Minister notified 1 March 2006 as the date of commencement in G.N No. 84/2006, Gazette Issue number 24 of 2006.
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(e) it is prepared so that the damage, deterioration, or inferiority is or may be concealed;
(f) it is the product of an animal that died naturally of disease; or in the case of a warm-blooded animal, in any way other than by legal slaughter;
(g) it consists wholly or in part of any diseased or putrid or rotten animal or vegetable substance whether manufactured or not;
(h) it contains a hazard or any physical, chemical or biological agent that is or is likely to be injurious to the health of the person consuming the food, whether added with intent or otherwise;
(i) he food comes into contact with a material that contains a substance which may render the food unfit for human consumption
(j) it contains a foreign substance;
(k) it is in a sealed package which is damaged and can no longer protect the contents from contamination or deterioration; or
(l) it is in a package and any contents of the package are different from what the label states the package contains.
‘advertise’ means use of words, whether written or spoken, symbolic or pictorial representation or design, or any other representation that has the effect of promoting a product for sale.
‘article’ means (i) any food or (ii) anything used to label or advertise food or (iii) any thing or machine used for the preparation, preservation, packing, storing or displaying of any food.
‘best before date’ means the date after which a food may not be of the quality expected by a consumer.
‘charity and community food business operations’ refers to charitable, community based or other socially beneficial organisations that sell food to raise funds for charitable or community purposes and not for personal financial gain, and shall include, but not necessarily be limited to community markets, bazaars, raffles, school fundraising activities, church fundraising activities and district stalls;
‘expiration date’ means the date after which a food may be unsafe to eat. For the purposes of this Act the phrases "use by",
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"expiry date" and "expiration date" shall have the same meaning.
‘export’ means take out of Nauru;
‘food’ means any substance, whether processed, semi- processed or raw, which is intended for human consumption, and includes drinks, chewing gum and any substance which has been used in the manufacture, preparation or treatment of "food" but does not include cosmetics or tobacco or substances used only as drugs.
‘food business’ means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of production, processing and distribution of food for sale. While not limited to the following, food businesses include restaurants, bakeries, caterers, food wholesalers and retailers, fish vendors, food hawkers, meat butcheries, food processors, food importers and food exporters.
‘food handler’ means any person who directly handles packaged or unpackaged food, food equipment and utensils, or food contact surfaces and is therefore expected to comply with food hygiene requirements.
‘good hygienic practices’ means practices as prescribed by the Recommended International Code of Practice-General Principles of Food Hygiene of the Codex Alimentarius Commission.
‘hazard’ a biological, chemical or physical agent in, or condition of, food with the potential to cause an adverse health effect.
‘import’ means bring into Nauru;
‘unsanitary conditions’ means such conditions as could cause contamination of a food with dirt or filth, or could render the food injurious or dangerous to health, whether such contamination or injury or danger actually occurs or not.
‘label’ means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stenciled, marked, embossed or impressed on, or attached to, a container of food.
‘Minister’ means the Minister for Health
‘premises’ means:
(a) any building or tent or other structure, permanent or temporary, the land on which it is situated, and any adjoining land used in connection with it;
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(b) any vehicle or vessel; and
(c) any place, including a street, open space, or place of public resort, used in the preparation, preservation, packaging or storage of any article
‘operator’ means any person who is in charge of, responsible for the operations of, directs or controls the production, processing, handling or sale of food for a food business premises.
‘sell’ means to offer, advertise, keep, deliver, or prepare for sale or exchange, to dispose of for consideration, or to deliver in pursuance of a sale or exchange.
3. ACTS BINDING THE REPUBLIC
(1) This Act binds the Republic, but not so as to make the Republic liable to a pecuniary penalty or to be prosecuted for an offence.
(2) The protection in subsection (1) does not apply to –
(a) a public officer or other person employed by the Republic;
(b) a statutory authority of the Republic or persons employed by it.
4. EFFECT ON OTHER ACTS
The powers and duties imposed by this Act do not affect any powers and penalties imposed by the Public Health Ordinance 1925-1966, the Sanitary Inspectors Ordinance 1921, the Quarantine Act 1908-1920 of the Commonwealth of Australia (adopted), or the Agricultural Quarantine Act 1999 in relation to matters not addressing food safety, but where those powers and penalties are imposed in relation to protecting human health and the safety of food being sold in, or entering or exiting the Republic of Nauru for sale, then the provisions of this Act, to the extent they are in conflict, prevail.
PART II - FOOD SAFETY ADVISORY BOARD
5. ESTABLISHMENT OF A FOOD SAFETY ADVISORY BOARD
The Minister may, by notice in the Gazette, establish a Food Safety Advisory Board to provide advice to the Minister in all matters relevant to food safety along the length of the food chain, including but not limited to policy, legislation, enforcement, research and training and education.
6. ROLES AND RESPONSIBILITIES OF THE FOOD SAFETY ADVISORY BOARD
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(1) The Board shall meet to review the current national food safety control program and provide guidance to the Minister on matters relevant to food safety including but not limited to:
(a) national food safety policy;
(b) food laws, regulations, and standards;
(c) the control of imported and exported food;
(d) the status of food safety in the Republic of Nauru;
(e) food inspection and analysis; and
(f) other food safety matters of importance from time to time.
(2) The Minister may at any time extend, by notice in the Gazette, the roles and responsibilities of the Board to areas related to food, including but not limited to nutrition and quarantine, as required to protect the health of the peoples of the Republic of Nauru.
(3) The Board shall receive, from the Director of Public Health, an annual report reviewing the progress made by the food legislation and food inspection and analysis program of the Department of Health.
(4) The considerations and advice of the Board shall be non-binding on the decisions of the Minister.
7. COMPOSITION OF THE BOARD
The Board shall be comprised of a representative from each of:
(a) the Department of Health;
(b) agricultural quarantine;
(c) fisheries;
(d) the Ministry of Justice;
(e) the Ministry of Finance;
(f) consumers in the Republic of Nauru; and
(g) food businesses in the Republic of Nauru.
8. MEETINGS OF THE BOARD
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(1) The Board shall meet at least every 6 months.
(2) The Chairperson shall be the representative of the Department of Health or a representative of that person.
(3) The Chairperson shall be responsible for establishing the agenda and venue for each meeting, keeping and distributing the minutes of the meeting to all members and the Minister.
(4) The Minister shall be permitted to attend any meeting of the Board and shall receive the minutes and advice from all meetings of the Board.
(5) The Minister may request the meeting of the Board more frequently than every six months where the Minister is in need of advice in relation to a matter of relevance to this Act, its regulations and standards.
(6) Members of the Board shall receive no remuneration for their membership on the Board.
(7) Members may nominate an alternative representative of the sector they are representing should the member himself or herself be unable to attend a particular meeting.
(8) A quorum of the Board shall be considered to be four members or their alternative representatives.
PART III - GENERAL PROVISIONS
9. REGISTRATION OF FOOD BUSINESSES' PREMISES
(1) All food businesses' premises shall be registered with the Department of Health before initiating operations.
(2) The Department of Health shall maintain a Register of all Food Premises registered in accordance with subsection (1) and the Register shall record the minimum frequency of inspection required in accordance with Section 22, the date of the last, and all inspections undertaken, and any other information as required by the Director of Health or the Minister.
(3) In obtaining a licence under the Licences Ordinance 1922-1967 or equivalent legislation, a food business' premises shall be inspected by a food inspector prior to the licence being provided and the business initiating operations.
(4) Not withstanding a business being in possession of a licence provided by the relevant licensing authority, no food business shall initiate operations until it meets the requirements of this Act and its regulations and standards.
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(5) A license, or a true copy of it, relevant for the particular food business and current for the period of operation, shall be displayed in all premises covered under this Act.
(6) Notwithstanding subsections 9 (1-5), charity and community food business operations shall be deemed to have met the requirements of this section by informing the Department of Health of their intention to operate before starting operations.
10. TRAINING OF FOOD HANDLERS
(1) All food handlers shall, prior to starting work in a food business, be required to have undergone training offered by the health authorities or by a training organization accredited by the health authorities for such training.
(2) Charity and community food business operations shall be provided a food handler information sheet by the Department of Health when the business informs the Department of Health of their intention to operate under subsection 9(6).
(3) Food handlers involved in charity and community food business operations shall have read and shall follow the training guidance provided under subsection 10(2).
11. HEALTH OF FOOD HANDLERS
(1) All food handlers shall, prior to starting work in a food business, be required to have undergone medical screening tests prescribed by the Director of Public Health.
(2) All food handlers shall, be required to have annual medical screening tests prescribed by the Director of Public Health.
(3) No person shall be employed as a food handler if they have not been cleared by the medical examinations under sub-sections (1) and (2).
12. FOOD SAFETY OBLIGATIONS
(1) Operators of food businesses have an obligation to put in place procedures as prescribed by this Act and its regulations to ensure the safety of food processed, handled, stored, displayed or sold by the business.
(2) Not withstanding subsection (1) operators are obligated to take any additional precautions necessary to ensure the safety of food produced, processed, handled, stored, displayed or sold by the business.
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13. SPECIFIC FOOD SAFETY OBLIGATIONS IN FOOD BUSINESS OPERATIONS
(1) A food business shall inspect food upon purchase and receipt and reject food:
(a) where it is after its expiration date;
(b) where packaging is found to be damaged;
(c) if it contravenes any requirement of this Act and its regulations and standards.
(2) A food business shall:
(a) protect food from pests at all times and dispose of any food where pests are found to have come into contact with the food;
(b) not permit the storage or handling of food on the floor at any time;
(c) separate raw meat, fish and poultry from ready-to-eat food at all times;
(d) keep raw meat, fish and poultry at 5°C or less;
(e) maintain frozen food at -12°C or colder;
(f) where it sells cooked food, cook that food thoroughly upon demand and not hold cooked food for sale, unless that hot food is held at 60°C or above.
(3) Notwithstanding subsection (2), where it is not possible for charity and community food business operations to hold food at temperatures in accordance with subsections 13(2)(d) and 13(2)(f), they shall not hold raw food at more than 5°C or cooked food at less that 60°C for more than 4 hours.
14. GOOD HYGIENIC PRACTICES
Food businesses shall apply good hygienic practices at all times in the producing, processing, storing, handling, displaying and selling of food.
15. LABELLING REQUIREMENTS
(1) Packaged food, other than food that may be exempted from this section by regulation, shall bear a label that states -
(a) The name under which the product is to be sold;
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(b) The nature of the food;
(c) The list of ingredients;
(d) The net weight, true measure or volume of contents;
(e) The name, address and other contact information of the manufacturer or importer; and
(f) Any other particulars prescribed by regulations and standards under this Act.
(2) Any information required under subsection (1) must be provided in the English language in a manner that is easily visible and likely to be read and understood by an ordinary consumer under customary conditions of purchase and use.
(3) Charity and community food businesses are exempted from the requirements of subsection (1), but shall provide information about the ingredients in the food, and/or other particulars as may be prescribed by regulations or standards under this Act, whenever requested.
16. EXPIRATION AND "BEST BEFORE" DATES
(1) Food that carries an expiration date or is required by regulations under this Act to carry such a date shall bear the expiration date in a manner that is easily visible and likely to be read and understood by an ordinary consumer under customary conditions of purchase and use.
(2) Food that carries a "best before" date or is required by regulations under this Act to carry such a date shall bear the date in a manner that is easily visible and likely to be read and understood by an ordinary consumer under customary conditions of purchase and use.
17. OBTAINING FOOD FROM CLOSED AREAS
(1) If the Director of Public Health is of the opinion that any food or any specified class of food if cultivated, taken, harvested or obtained in or from a specific area may be dangerous or injurious to persons consuming the food, the Director of Public Health may by order prohibit the cultivation, taking, harvesting or obtaining of the food in or from that area.
(2) If a prohibition order made under subsection (1) is within the jurisdiction of any other department, the Director of Public Health must consult the department before making an order under subsection (1).
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(3) The Minister, if it is necessary in the public interest, may exercise the power conferred on the Director of Public Health by subsection (1).
18. PROHIBITED PRODUCT
(1) If in the opinion of the Director of Public Health there is a public health concern, the Director of Public Health may, by order, declare any food a prohibited product.
(2) A food declared as a prohibited product under subsection (1) shall be prohibited from being imported, produced, prepared, stored, displayed or sold.
(3) The Minister, if it is necessary in the public interest, may exercise the power conferred on the Director of Public Health by subsection (1).
PART IV - FOOD INSPECTION AND ANALYSIS
19. APPOINTMENT OF FOOD INSPECTORS
(1) The Minister may, by notice in the Gazette, appoint suitably qualified persons to be food inspectors to administer and enforce the provisions of this Act, its regulations and standards.
(2) A person appointed by the Minister as a health inspector under the Public Health Ordinance 1925-1966 or the Sanitary Inspectors Ordinance 1921 may be appointed as a food inspector without the establishment of a separate post.
(3) With respect to food being imported to the Republic of Nauru, at the point of entry of the food into the country, agricultural quarantine officers may be appointed as food inspectors for the purposes of this Act.
20. POWERS OF ENTRY AND SEARCH
(1) For the purposes of this Act, a food inspector may at all reasonable times –
(a) stop and detain any vehicle or vessel the inspector knows or reasonably suspects –
(i) is being used for the production, processing, handling, storage, display or sale of any food or article under this Act; and
(ii) has been or is being or is likely to be used by any person in connection with a contravention of any provision of this
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Act or its regulations and standards.
(b) enter any premises the inspector knows or reasonably suspects are being used for the production, processing, handling, storage, display or sale of any food or article under this Act.
(2) In any premises entered under subsection (1), a food inspector may –
(a) search for, examine and take samples of any article subject to this Act;
(b) open and inspect any room, place, container or package that the food inspector knows or reasonably suspects contains any article subject to this Act;
(c) examine any documents (electronic or hardcopy) that could contain any relevant information about articles subject to this Act and make copies of them;
(d) obtain photographic evidence of any article or condition subject to this Act;
(e) question with respect to matters under this Act any person the food inspector finds thereon;
(f) make such inquiry and examination as the food inspector believes to be necessary or desirable to assist the discharge or exercise of any function or power under this Act to ascertain whether any contravention of any provision of this Act has been, is being or is likely to be committed.
(3) Subsection (1) does not authorize forcible entry by a food inspector to any premises except under the authority of a warrant obtained pursuant to subsection (4).
(4) A magistrate may, if satisfied upon the information of a food inspector that there is reasonable cause to suspect that any place has been or is being or is likely to be used in connection with a contravention of any provision of this Act, issue a search warrant directing the food inspector with the aid of the Police to enter the place specified in the search warrant for the purpose of exercising the powers conferred on an food inspector under this Act.
(5) The Food Inspector has overall authority in the execution of Search Warrant issued under the last subsection.
(6) For the purpose of gaining entry to any premises or place, a food inspector may call in aid such persons as he considers
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necessary.
(7) A search warrant issued under subsection (4) is, for a period of one month from its issue, sufficient authority –
(a) to the food inspector to whom it is directed, and to all persons acting in aid of the food inspector, to enter the place specified in the search warrant; and
(b) to the food inspector to whom it is directed to exercise in respect of the place specified in the search warrant all the powers conferred on a food inspector by this Act.
(8) Before exercising any power under subsection (1), the food inspector shall upon request produce identification.
(9) After execution of a search warrant, the Food inspector shall report back to the magistrate who issued the search warrant and report on affidavit, the execution of the search warrant.
21. INSPECTION REPORT
After any inspection, the food inspector shall give to the owner or person in charge of the premises at the time of inspection a written report noting any violation of this Act or the regulations. A copy of this report shall be given to the Health Inspector and the Director of Public Health.
22. INSPECTION FREQUENCY
(1) High risk food business premises, including but not limited to restaurants, bakeries, caterers, and fast food operations shall be inspected at least once every 3 months. Medium and low risk food business premises shall be inspected at least once every 6 months.
(2) Upon inspection, any premises where corrective action is prescribed on the inspection report shall be re-inspected as frequently as identified appropriate and necessary for public health purposes by the food inspector until the corrective action is taken.
23. SAMPLING
(1) Where a food inspector reasonably believes there may be a contravention of this Act, its regulations and standards, the food inspector may demand and obtain samples of any articles as required for the purposes of this Act.
(2) The food inspector taking a sample of food for the purposes of this Act, its regulations and standards shall divide any such food
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into 3 parts to be then and there separated, and each part shall be labeled or marked and sealed or fastened up, in such manner as the nature will permit, and 1 of the said parts shall be delivered to the owner, agent, servant or person in charge aforesaid, 1 shall be retained by the purchaser or inspector, and the third shall be submitted to an analyst.
(3) Samples taken under sections 20 and 23 may be forwarded under seal in any convenient way to an analyst appointed under section 25.
(4) Where an analyst certifies that the seal of any sample, taken under sections 20 and 23, was unbroken, the certification shall be sufficient evidence of identity of the sample.
24. EXPENSES OF INSPECTION AND RE-INSPECTION
(1) On each occasion that a food inspector carries out an inspection or re-inspection under section 22, the expenses of inspection or re-inspection shall be payable as prescribed by regulations under this Act.
(2) The expenses of inspection or re-inspection shall be borne by the operator of the food business premises or his agent.
(3) The expenses of inspection and re-Inspection may be recovered by the Republic as a debt.
25. APPOINTMENT OF ANALYSTS
The Minister may, by notice in the Gazette, accredit suitably qualified persons or laboratories, located either within or outside the Republic of Nauru, to be analysts for performing laboratory and field tests for the purpose of this Act.
26. CERTIFICATE OF ANALYST TO BE EVIDENCE
(1) Any analyst analysing any food submitted for the purposes of this Act may give a certificate of the result of the analysis.
(2) In any legal proceeding under this Act, the production of a certificate purporting to be signed by an analyst shall be prima facie evidence of the identity of the food analysed and of the result of the analysis.
27. COPY OF RESULT OF ANALYSIS
A copy of the result of any analysis shall, on demand, be supplied to the person from whom the sample was procured.
28. COST OF ANALYSIS
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The court may, in case of a conviction, award the cost of analysis against the defendant as part of the costs of the prosecution.
29. SEIZING ARTICLES
(1) A food inspector may seize any article which contravenes the Act or its regulations or standards.
(2) Any food inspector seizing an article under subsection (1) shall include a statement of such seizure in the written inspection report and make such written notice available to the owner or operator of the premises in as short a time as practically possible.
(3) If a food inspector has seized articles or records or other property for the purposes of this Act he or she may –
(a) retain them for as long as necessary for those purposes; and
(b) in the case of records, the person otherwise entitled to possession of the records, if he or she so requests, is entitled to be furnished as soon as practicable with a copy certified by the food inspector to be a true copy and such a certified copy must be received in all courts and elsewhere as evidence of the matters contained in it as if it were the original; and in the case of other property subject to this Act; or
(c) in the case of articles or other property, thereafter dispose of it as the court directs.
(4) An owner or operator from whom an article has been seized may apply to the court within 7 days from the date of seizure for an order to revoke the seizure and release the seized article.
30. DESTRUCTION AND DISPOSAL OF SEIZED ARTICLES
(1) Any article seized by an authorized food inspector under section 29 shall be destroyed and disposed of by the food inspector where:
(a) the food inspector has reasonable evidence that public health is at immediate risk unless the article is destroyed and disposed; or
(b) the article is in contravention of this Act, its regulations or standards and the owner consents in writing to its destruction and disposal; or
(c) the court has so ordered under section 38.
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(2) Where an article is destroyed and disposed of by the food inspector under subsection (1) all reasonable costs for destruction and disposal shall be borne by the owner of the article or, where a person is convicted under section 38, the person so convicted.
31. TEMPORARY CLOSURE
(1) The Director of Public Health may order the temporary closure of any premises where either:
(a) a food inspector has reasonable evidence that public health is at immediate risk until corrective action identified as necessary in an inspection is taken; or
(b) the premises fails, after 3 re-inspections undertaken within a reasonable period under section 22 subsection (2), to implement a corrective action identified as necessary by a food inspector.
(2) Temporary closure shall be for a minimum period of three days.
(3) After three days temporary closure as prescribed under subsection (2), an owner or operator may request a food inspector to re-inspect the premises to determine the compliance of the premises with this Act, its regulations and standards and the food inspector shall carry out that re-inspection within 72 hours of receiving the request for re-inspection.
(4) Where premises are found, upon re-inspection under subsection (3) to be in compliance with this Act, its regulations and standards, the Director of Public Health shall immediately lift the order for temporary closure of the premises.
(5) Where a food business:
(a) fails to stop its operations and close its premises within 1 day of the Director of Public Health ordering the temporary closure of its promises under subsection (1); or
(b) fails to comply with the requirements of this Act, its regulations and standards within 14 days of the Director of Public Health ordering the temporary closure of its premises under subsection (1); or
(c) is found on more than three occasions in a twelve month period to be subject to a temporary closure order,
the Director of Public Health shall request the responsible authority for issuing of trading licenses to immediately withdraw the license of the food business.
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(6) The authority issuing trading licenses shall be required to take action as requested by the Director of Public Health under subsection (5) as soon as it is practically possible to do so.
(7) Where a food business has had its license revoked under subsection (6), the owner or operator shall not be permitted to apply for a new food business license within 3 months of having the license revoked.
32. LIABILITY
No food inspector or analyst shall be liable for any actions taken while executing his or her duties under this act, unless he or she has acted in bad faith or without reasonable care.
PART V - OFFENCES
33. FOOD SAFETY OFFENCES
A person who -
(1) imports, exports, produces, processes, handles, stores, displays or sells food that is unfit for human consumption, adulterated, damaged, deteriorated, or perished;
(2) labels, packages, processes, handles, stores, displays, sells or advertises any food in a manner that is false, misleading or deceptive about its character, nature, value substance, quality, composition, merit or safety;
(3) labels, packages, processes, handles, stores, displays, sells or advertises any food that is not labelled in accordance with section 15 of the Act or its regulations;
(4) imports, exports, processes, handles, stores, displays, sells or advertises food that does not comply with a prescribed standard for that food;
(5) labels, imports, exports, packages, processes, handles, stores, displays, sells or advertises any food in a manner that is in contravention of any regulations promulgated under this Act;
(6) produces, processes, handles, stores, displays or sells food under unsanitary conditions;
(7) imports, exports, stores, displays, sells or advertises any food after its expiration date;
(8) imports, exports, stores, displays, sells or advertises any food more than one week after its "best before" date, unless otherwise
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permitted by regulations under this Act;
(9) marks any article or takes any other action so as to make an expiration date or a ''best before" date not easily visible;
(10) refuses or fails to give to a food inspector all reasonable assistance or any information which such person may reasonably be expected to possess;
(11) knowingly makes a false or misleading statement, either verbally or in writing, to any food inspector in the performance of his or her functions under this Act, its regulations or standards;
(12) cultivates, takes, harvests or otherwise obtains food from an area declared closed for such under section 17 of this Act;
(13) imports, produces, prepares, stores, displays or sells a food prohibited under section 18 of this Act;
is guilty of an offence and is liable to a penalty of a fine –
(a). Where the offender is a natural person – not exceeding five thousand dollars or up to two years imprisonment; or
(b). Where the offender is a body corporate – a fine not exceeding twenty thousand dollars.
PART VI - LEGAL PROCEEDINGS
34. BRINGING OF PROSECUTIONS
(1) Prosecutions for an offence under this Act may be brought by or on behalf of the Director of Public Prosecutions.
(2) A person referred to in subsection (1), whether or not a lawyer, may lay, institute or conduct any charge, information, complaint or other proceeding arising under this Act, subject to any directions issued by the Director of Public Prosecutions.
35. DISTRICT COURT TO HAVE JURISDICTION
The District Court shall have jurisdiction to hear, try and determine any criminal proceeding arising in or from a charge made before such court that any person has committed, or is suspected of committing, within the jurisdiction of such court any offence under this Act.
36. PENALTIES
Notwithstanding Section 7 of the Criminal Procedure Act 1972, a person who contravenes or fails to comply with any provision of
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this Act creating an offence is liable upon conviction, where there is no penalty provided, to a fine not exceeding –
(a) in the case of an individual, one thousand dollars for a first offence and two thousand dollars or up to two years imprisonment for a second or and subsequent offence; and
(b) in the case of a body corporate, five thousand dollars for a first offence and ten thousand dollars for a second or subsequent offence.
37. OFFENCES BY BODIES CORPORATE
If a body corporate commits an offence against this Act, each director or other person concerned in the management of the body corporate is also guilty of, and liable to the penalty provided for, that offence unless the director or other person proves that he or she exercised reasonable diligence to prevent the commission of the offence.
38. ADDITIONAL POWERS OF THE COURT
(1) If a person is convicted of an offence against this Act, its regulations or standards, the court, in addition to any other penalty, may order –
(a) that any article be seized, destroyed and disposed of by a food inspector, and
(b) that the person convicted shall pay the reasonable costs incurred in the destruction and disposal of any such article.
(2) Costs payable under subsection (1) may be recovered in the same way as a fine.
PART VII - MISCELLANEOUS
39. REGULATIONS
The Cabinet may make regulations prescribing matters which by this Act are required or permitted to be prescribed, or which it considers are necessary or convenient to be prescribed, for carrying out or giving effect to this Act and in particular prescribing matters for and in relation to -.
(a) prescribing standards;
(b) regulating specified modes of preparation of food or of specified classes of food such as organic food;
(c) prescribing labelling requirements;
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(d) regulating the importation and exportation of food;
(e) regulating fish and fisheries products;
(f) regulations that give effect to obligations resulting from the Republic of Nauru being a signatory to an international agreement;
(g) regulating genetically modified food;
(h) exempting any article from any provision of the Act;
(i) regulating production, processing, preparation, packaging, storage, transportation, display and selling practices;
(j) providing for fees for inspection and analysis;
(k) regulations on licensing and conditions for licences to be awarded;
(l) providing for the tracing and recall of food where necessary;
(m) regulating breast milk substitutes;
(n) regulating advertising in relation to food;
(o) regulating the inspection, sampling and analysis of food;
(p) regulating the sale of food after its 'best before" date;
(q) providing for the establishment of a food safety committee to address food from production to consumption;
(r) regulating plant and animal feed and chemicals as they relate to food safety; and
(s) any other matter necessary or convenient for carrying out or giving effect to this Act.
(2) In making regulations the Minister shall, so far as practicable, consider the desirability of -
(a) restricting the use of substances having no or very little nutritional value as food or ingredients of food; and
(b) providing necessary dietary supplements for better nutrition.
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Notes for Food Safety Act 2005
Table of Constituent Legislation
Acts
Short title Number Certification Commencement
Food Safety Act 2005 2005/04 02.08.2005 01.03.2006
(GN 84/2006)
Interpretation (Consequential Amendments) 2011/18 03.11.2011 03.11.2011
Act 2011
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision Affected How Affected
Section 2 Am. by Act 2011/18.
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