Section 173 — Non-communicable disease of public health interest

(1)The Minister may determine a disease as a non‑communicable disease of public health interest where the Minister is satisfied —

(a)that one or more identifiable foods consumed contributes to the occurrence of that disease; and

(b)that the disease —

(i)is likely to adversely affect the health of the population over a period of time;

(ii)causes or is likely to cause significant chronic disease, disability or mortality in the population;

(iii)interferes with or is inconsistent with the goals of public health; or

(iv)is associated with poor health outcomes in the population.

(2)A determination under subsection (1) may be made after consulting the Director‑General of Health.

(3)Once a determination is made under subsection (1), the Minister must cause to be published a notice of the making of the determination without delay either —

(a)in the Gazette; or

(b)in any other manner that will secure adequate publicity for the fact of making of the determination.

(4)However, failure to publish a notice under subsection (3) in respect of any determination does not invalidate the determination.

(5)A determination made under subsection (1) may be revoked at any time by the Minister; and the Minister must cause the giving of notice of the revocation in the same manner in which the notice of the making of the determination was first given.