Food Act 2020 / Act 2 of 2020

An Act to Regulate the MANUFACTURE, Sale, Import And Export Of Food For Commercial Purposes, to guarantee food safety and fitness for human consumption, to promote fair trade practices in food and to provide for related matters. The Act contains 93 sections, divided into 18 parts with 2 Schedules; Part 1, preliminary describe the short title, interpretation, application of the Act; Part 2, administration outlines the Minister functions and powers, development of National Food Policy, the establishment of the Food Division, the Research Unit and its functions; Part 3, establishes the National Food Authority and its functions. Also, subject to the consent of Cabinet, the Authority may from time to time enter into Agreements of regional and international co-operation for the strengthening of legal
frameworks for food, and for aligning with regional and international standards in relation to the sale of food; Part 4, outlines general powers of the Authority; Part 5, divided into 3 divisions where it expresses the criteria for the Authority, the application for a food license or food permit and approval to operate as a food business with its conditions; Part 6, establishes the National Food Council its structure and functions; Part 7, the powers of the Authority in a food emergency, the establishment of National Food Emergency Committee, power of the Authority to issue order with other related conditions; Part 8, appointment of a National Food Scientific Sub-Committee, designating Official analyst and accredited laboratory; Part 9, imports and exports with its conditions; Part 10, on financial matters; Part 11, appeal and other defences; Part 12, enforcement, designation of enforcement officers and their powers, responsibilities of owner or person in charge of business and issuance of compliance notice; Part 13, joint enforcement and its protocols; Part 14, power of enforcement officers to issue spot fines, election of process for person issued a spot fine, Form of Notice of a spot fine and types and level of spot fines to be issued; Part 15, describes offences and penalties; Part 16, establishment of a register and for it to be maintained electronically; Part 17, miscellaneous articulating on the annual report and that the Minister may, with the consent of Cabinet, make regulations. Further, if in the event of any conflict or inconsistency between the provisions of this Act and any other enactment, apart from the Act of the Constitution of Tonga, in force in the Kingdom, the provisions of the said Act shall prevail; Part 18, states that the Act shall repeal and replace the Food Act 2014.; Schedule 1, outlines the rules of procedure of the National Food Council while Schedule 2, describes the different types of orders and a form of notice of food safety event or issue.