§ 10 — Meanings of “manufacturing” and “preparing” food

10.—(1) In this Act, “manufacture”, in relation to food, includes any one or more of the following:(a)

making food by combining ingredients;

(b)

significantly changing the condition or nature of food by any process;

Illustrations

Preserving or pickling vegetables.

Milling flour.

Peeling, cutting or freezing fruits.

Extracting oil from seeds.

Baking.

Extracting protein from cells.

(c)

bottling or canning food, including bottling water;

(d)

packing unpackaged food, other than unprocessed primary produce;

(e)

making ice;

(f)

sterilising, fermenting, pasteurising or freeze‑drying food;

(g)

dismembering, filleting, peeling or shucking seafood;

(h)

boiling crustacea;

(i)

dairy processing;

(j)

meat processing or other processing of food.

(2) However, “manufacture”, in relation to food, does not include any of the following:(a)

preparing food at a particular place for retail sale at the place, including sale for immediate consumption;

Illustrations

Cooking food at a restaurant for sale to a diner in the restaurant.

Assembling and packing sandwiches in a package at a fast‑food outlet for retail sale at the outlet.

(b)

preparing food in the course of a food business that is or consists of a catering service;

(c)

making ice at a particular place for use at the place;

(d)

changing the condition of food merely by changing its temperature.

Illustration

The retail sale by a convenience store of a chilled or frozen meal that is pre‑prepared by an entity other than the convenience store proprietor, after the meal is heated by the convenience store proprietor or the consumer, on the premises of the convenience store, according to the instructions of the entity.

(3) In this Act, “prepare”, in relation to food, means —(a)

to undertake any activity mentioned in subsection (2)(a), (b) or (c); or

(b)

to cut, chop, mince, grate, cook, thaw, heat, dry or wash food, or engage in any conduct mentioned in subsection (1), at a particular place in order to prepare it for sale or supply by retail at the place.Illustrations

Cutting, or crushing of fruit or vegetables for juice, at a place for sale for immediate consumption or to takeaway.

Mixing or brewing of tea or coffee on the order of a customer for immediate consumption or to takeaway.

Cooking carried out in premises for sale, and served, on the order of a customer, predominantly for immediate consumption.

(4) In this section —“dairy processing” includes —(a)

the storage of milk on the premises at which the animals were milked for further processing;

(b)

the manufacture of dairy products; and

(c)

the pasteurisation or homogenisation of milk;

“dairy product” includes —(a)

milk;

(b)

colostrum;

(c)

a liquid milk product;

(d)

cream and thickened cream;

(e)

butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee and anhydrous milk fat (butter oil);

(f)

casein, caseinate and cheese;

(g)

whey, whey cream and concentrated whey cream;

(h)

cultured milk and yoghurt;

(i)

ice‑cream and ice‑cream mix; and

(j)

buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates.

—(1) In this Act, “manufacture”, in relation to food, includes any one or more of the following:(a)

making food by combining ingredients;

(b)

significantly changing the condition or nature of food by any process;

Illustrations

Preserving or pickling vegetables.

Milling flour.

Peeling, cutting or freezing fruits.

Extracting oil from seeds.

Baking.

Extracting protein from cells.

(c)

bottling or canning food, including bottling water;

(d)

packing unpackaged food, other than unprocessed primary produce;

(e)

making ice;

(f)

sterilising, fermenting, pasteurising or freeze‑drying food;

(g)

dismembering, filleting, peeling or shucking seafood;

(h)

boiling crustacea;

(i)

dairy processing;

(j)

meat processing or other processing of food.

(2) However, “manufacture”, in relation to food, does not include any of the following:(a)

preparing food at a particular place for retail sale at the place, including sale for immediate consumption;

Illustrations

Cooking food at a restaurant for sale to a diner in the restaurant.

Assembling and packing sandwiches in a package at a fast‑food outlet for retail sale at the outlet.

(b)

preparing food in the course of a food business that is or consists of a catering service;

(c)

making ice at a particular place for use at the place;

(d)

changing the condition of food merely by changing its temperature.

Illustration

The retail sale by a convenience store of a chilled or frozen meal that is pre‑prepared by an entity other than the convenience store proprietor, after the meal is heated by the convenience store proprietor or the consumer, on the premises of the convenience store, according to the instructions of the entity.

(3) In this Act, “prepare”, in relation to food, means —(a)

to undertake any activity mentioned in subsection (2)(a), (b) or (c); or

(b)

to cut, chop, mince, grate, cook, thaw, heat, dry or wash food, or engage in any conduct mentioned in subsection (1), at a particular place in order to prepare it for sale or supply by retail at the place.Illustrations

Cutting, or crushing of fruit or vegetables for juice, at a place for sale for immediate consumption or to takeaway.

Mixing or brewing of tea or coffee on the order of a customer for immediate consumption or to takeaway.

Cooking carried out in premises for sale, and served, on the order of a customer, predominantly for immediate consumption.

(4) In this section —“dairy processing” includes —(a)

the storage of milk on the premises at which the animals were milked for further processing;

(b)

the manufacture of dairy products; and

(c)

the pasteurisation or homogenisation of milk;

“dairy product” includes —(a)

milk;

(b)

colostrum;

(c)

a liquid milk product;

(d)

cream and thickened cream;

(e)

butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee and anhydrous milk fat (butter oil);

(f)

casein, caseinate and cheese;

(g)

whey, whey cream and concentrated whey cream;

(h)

cultured milk and yoghurt;

(i)

ice‑cream and ice‑cream mix; and

(j)

buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates.