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The requirements for providing olive products for public tasting.
The position where olive products are provided for public tasting does not
differ much from question (e) concerning product liability and question (d)
concerning manufacturing standards. The following scenarios can be imagined
and liability for the person providing public tasting ("the vendor")
are as below:
1. Where the vendor provides public tasting at the point of manufacture
If the vendor is an olive oil producer or an olive grower and opens their
premises to the public to allow people to sample olive oil products before
purchasing them, the vendor will be regulated by the Food Act. Section 4 of
the Food Act requires that any business where there is " handling of
food" which is intended for sale is regulated by the Act. The
definition of "handling" in section 4 includes "serving,
supplying and conveying" of food. Therefore, if the vendor makes food
available for consumption, they will be regulated by the Food Act as above.
2. Where the vendor is at an exhibition
If a vendor is invited to an olive oil fair or other food market and sets
up a stall and offers sample produce to the public, they will be regulated
under the Food Act. Section 19C of the Food Act (as amended) regulates
premises where food is manufactured, sold or served. The definition of "premises"
in section 4 includes tents, stall and other structures whether temporary or
permanent. The Food Act (as amended) further includes vehicles and pontoons as
well. This will cause the stall in any form to be regulated under the Food
Act.
In any case, the business handling the food is likely to be caught under
the section 4 definition in the manner described above.
Conclusion
The vendor will be required to register a food safety program (if they
haven't already done so) and follow the procedures outlined in it to ensure that
their obligations are met under the Food Safety Act.
This Update has been prepared for clients and professional
associates of Baker & McKenzie. Whilst every effort has been made to ensure
accuracy, this Update is not an exhaustive treatment of the areas of law
discussed and no responsibility for any loss occasioned to any person acting or
refraining from action as a result of material in this Update is accepted by
Baker & McKenzie.
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