§ 5 — Meaning of “food business”

5.—(1) In this Act, “food business” means a business or an undertaking or activity that involves —(a)

the production of primary produce;

(b)

the handling of food intended for supply or for export; or

(c)

the supply of food,

regardless of whether the business, undertaking or activity concerned is of a commercial, charitable or community nature or whether it involves the handling or the supply of food on one occasion only.

(2) To avoid doubt, a “food business” includes a food business carried on as a home business or that is an occupation carried on by an individual within the individual’s private residence.

(3) However, a “food business” does not include a business or an undertaking or activity —(a)

that carries on any other business besides trading in food and, in the course of which doing so, acts as an intermediary between persons who trade in food by providing, for reward, premises or a place (including mobile premises) or services (such as an internet service provider or an online auction location);

(b)

that provides, for reward, services in connection with or for the purpose of trading in food (such as an event organiser or an organiser of a market at which food is sold);

(c)

that consists of producing and providing non‑packaged drinking water as a drinking water producer; or

(d)

that is declared by the Minister, by order in the Gazette, not to be a food business for the purposes of this Act.

(4) A reference in this Act to the proprietor of any food business is a reference to —(a)

in the case of a licensable food business at any premises — the holder of a food business licence to carry on the licensable food business at those premises; and

(b)

in the case of any other food business at any premises — the occupier of those premises at, on or from which that food business is carried on.

—(1) In this Act, “food business” means a business or an undertaking or activity that involves —(a)

the production of primary produce;

(b)

the handling of food intended for supply or for export; or

(c)

the supply of food,

regardless of whether the business, undertaking or activity concerned is of a commercial, charitable or community nature or whether it involves the handling or the supply of food on one occasion only.

(2) To avoid doubt, a “food business” includes a food business carried on as a home business or that is an occupation carried on by an individual within the individual’s private residence.

(3) However, a “food business” does not include a business or an undertaking or activity —(a)

that carries on any other business besides trading in food and, in the course of which doing so, acts as an intermediary between persons who trade in food by providing, for reward, premises or a place (including mobile premises) or services (such as an internet service provider or an online auction location);

(b)

that provides, for reward, services in connection with or for the purpose of trading in food (such as an event organiser or an organiser of a market at which food is sold);

(c)

that consists of producing and providing non‑packaged drinking water as a drinking water producer; or

(d)

that is declared by the Minister, by order in the Gazette, not to be a food business for the purposes of this Act.

(4) A reference in this Act to the proprietor of any food business is a reference to —(a)

in the case of a licensable food business at any premises — the holder of a food business licence to carry on the licensable food business at those premises; and

(b)

in the case of any other food business at any premises — the occupier of those premises at, on or from which that food business is carried on.