Food Act 2003 No 43

An Act to regulate the handling of food for sale and the sale of food and to provide for the application of the Australia New Zealand Food Standards Code in New South Wales; to repeal the Food Act 1989 ; and for other purposes.

This Act is the Food Act 2003 .

This Act commences on a day or days to be appointed by proclamation.

The objects of this Act include the following—

(b) to prevent misleading conduct in connection with the sale of food,

(c) to provide for the application in this State of the Food Standards Code.

(1) In this Act—

(b) any pictorial representation or design, or

(c) any other representation by any means at all,

appropriate enforcement agency means, in relation to the provision in which the expression is used, the enforcement agency prescribed by the regulations for the purposes of that provision.

Chief Executive Officer means the person employed in the Public Service as the Chief Executive Officer of the Food Authority.

Commonwealth Food Authority has the same meaning as Authority in the Food Standards Australia New Zealand Act 1991 of the Commonwealth.

(a) the Food Authority, or

(b) a relevant body appointed as an enforcement agency under Division 2 of Part 9, or

(c) any person or body, or a person or body within a class of persons or bodies, prescribed by the regulations for the purposes of this definition (other than a relevant body within the meaning of Division 2 of Part 9).

(a) any utensil, machinery, instrument, device, apparatus or appliance that is used, or that is designed or intended for use, in or in connection with the handling of food, or

(b) any substance, utensil, machinery, instrument, device, apparatus or appliance that is used, or that is designed or intended for use, in cleaning anything referred to in paragraph (a).

food safety auditor means a member of staff of the Food Authority authorised under Division 1 of Part 7, or another person approved under that Division, to be a food safety auditor.

food safety scheme means a food safety scheme prescribed by the regulations in accordance with Part 8.

Food Standards Code means the Australia New Zealand Food Standards Code as defined in the Food Standards Australia New Zealand Act 1991 of the Commonwealth, as modified in accordance with regulations referred to in section 140 or 141.

handling of food includes the making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food.

label includes any tag, brand, mark or statement in writing or any representation or design or other descriptive matter on or attached to or used or displayed in connection with or accompanying any food or package.

package includes any container or wrapper in or by which food intended for sale is wholly or partly encased, covered, enclosed, contained or packed and, in the case of food carried or sold or intended to be carried or sold in more than one package, includes every such package.

(a) land (whether or not vacant), or

(b) the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature), or

(c) a pontoon, or

(d) a vehicle (other than a food transport vehicle while it is engaged in the transport of food).

private corporation means a corporation within the meaning of the Corporations Act 2001 of the Commonwealth.

private subsidiary corporation means a private corporation in which the Food Authority has a controlling interest.

(a) the person carrying on the food business, or

(b) if that person cannot be identified the person in charge of the food business.

(a) barter, offer or attempt to sell, or

(b) receive for sale, or

(c) have in possession for sale, or

(d) display for sale, or

(e) cause or permit to be sold or offered for sale, or

(f) send, forward or deliver for sale, or

(g) dispose of by any method for valuable consideration, or

(h) dispose of to an agent for sale on consignment, or

(i) provide under a contract of service, or

(j) supply food as a meal or part of a meal to an employee, in accordance with a term of an award governing the employment of the employee or a term of the employee’s contract of service, for consumption by the employee at the employee’s place of work, or

(k) dispose of by way of raffle, lottery or other game of chance, or

(l) offer as a prize or reward, or

(m) give away for the purpose of advertisement or in furtherance of trade or business, or

(n) supply food under a contract (whether or not the contract is made with the consumer of the food), together with accommodation, service or entertainment, in consideration of an inclusive charge for the food supplied and the accommodation, service or entertainment, or

(o) supply food (whether or not for consideration) in the course of providing services to patients in public hospitals (within the meaning of the Health Services Act 1997 ) or inmates in correctional centres (within the meaning of the Crimes (Administration of Sentences) Act 1999 ), or

(p) sell for the purpose of resale.

vehicle means any means of transport, whether self-propelled or not, and whether used on land or sea or in the air.

(2) For the purposes of this Act, food or equipment that is displayed for the purpose of being offered as a prize or reward or given away for the purpose of advertisement or in the furtherance of trade or business is taken to have been displayed for sale by the owner of the food or equipment.

(3) Notes included in this Act do not form part of this Act.

s 4: Am 2004 No 16, Sch 1 [2] [3]; 2007 No 47, Sch 1 [1] [2]; 2008 No 5, Sch 1 [1]; 2009 No 96, Sch 8 [1] [2]; 2013 No 95, Sch 2.63 [1]; 2014 No 26, Sch 3.2 [1] [2]; 2015 No 58, Sch 3.35 [1] [2].

(1) In this Act, food includes—

(a) any substance or thing of a kind used, or represented as being for use, for human consumption (whether it is live, raw, prepared or partly prepared), or

(b) any substance or thing of a kind used, or represented as being for use, as an ingredient or additive in a substance or thing referred to in paragraph (a), or

(c) any substance used in preparing a substance or thing referred to in paragraph (a) (other than a substance used in preparing a living thing) if it comes into direct contact with the substance or thing referred to in that paragraph, such as a processing aid, or

(d) chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum, or

(e) any substance or thing declared to be a food under a declaration in force under section 6 of the Food Standards Australia New Zealand Act 1991 of the Commonwealth,

(2) However, food does not include a therapeutic good within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth.

(3) To avoid doubt, food may include live animals and plants.

In this Act, food business means a business, enterprise or activity that involves—

(b) the sale of food,

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

(1) In this Act, primary food production means the growing, raising, cultivation, picking, harvesting, collection or catching of food, and includes the following—

(a) the transportation or delivery of food on, from or between the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught,

(b) the packing, treating (for example, washing) or storing of food on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught,

(c) the storage of food in a silo that is not connected with a food processing operation and the transportation or delivery of food from, between or to such silos,

(d) the sale of livestock at saleyards and the transportation of livestock to and from saleyards,

(e) any other food production activity that is regulated by or under an Act prescribed by the regulations for the purposes of this subsection.

(2) However, primary food production does not include—

(a) any process involving the substantial transformation of food (for example, manufacturing or canning), regardless of whether the process is carried out on the premises on which the food was grown, cultivated, picked, harvested, collected or caught, or

(b) the sale or service of food directly to the public, or

(c) any other food production activity that is prescribed by the regulations for the purposes of this subsection.

Section 7 (2) (c) enables regulations to be made prescribing food production activities that are not included in the definition of primary food production . Such a regulation might be made, for example, to prescribe a food production activity in relation to which significant and unmanaged food safety hazards have been identified.

(1) For the purposes of this Act, food is unsafe at a particular time if it would be likely to cause physical harm to a person who might later consume it, assuming—

(a) it was, after that particular time and before being consumed by the person, properly subjected to all processes (if any) that are relevant to its reasonable intended use, and

(b) nothing happened to it after that particular time and before being consumed by the person that would prevent its being used for its reasonable intended use, and

(c) it was consumed by the person according to its reasonable intended use.

(2) However, food is not unsafe for the purposes of this Act merely because its inherent nutritional or chemical properties cause, or its inherent nature causes, adverse reactions only in persons with allergies or sensitivities that are not common to the majority of persons.

(3) In subsection (1), processes include processes involving storage and preparation.

(1) For the purposes of this Act, food is unsuitable if it is food that—

(b) contains any damaged, deteriorated or perished substance that affects its reasonable intended use, or

(c) is the product of a diseased animal, or an animal that has died otherwise than by slaughter, and has not been declared by or under another Act to be safe for human consumption, or

(d) contains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food.

(2) However, food is not unsuitable for the purposes of this Act merely because—

(a) at any particular time before it is sold for human consumption it contains an agricultural or veterinary chemical, or

(b) when it is sold for human consumption it contains an agricultural or veterinary chemical, so long as it does not contain the chemical in an amount that contravenes the Food Standards Code, or

(c) it contains a metal or non-metal contaminant (within the meaning of the Food Standards Code) in an amount that does not contravene the permitted level for the contaminant as specified in the Food Standards Code, or

(d) it contains any matter or substance that is permitted by the Food Standards Code.

(3) In this section, slaughter of an animal includes the killing of an animal in the process of capturing, taking or harvesting it for the purposes of preparing it for use as food.

(1) The following provisions of this Act do not apply to a water supplier in respect of the supply of water for human consumption through a reticulated water system—

(a) sections 13, 15, 16 (1), 17 (1), 18, 19, 20 and 21 (but only to the extent to which section 21 requires compliance with the requirements of the Food Safety Standards),

(b) Parts 5, 7 and 8.

(2) In this section, water supplier means—

(a) a body that is constituted by or under an Act and that has as or as one of its functions the supply of water for human consumption, or

(b) a person who is employed or engaged by such a body to supply water for human consumption, or

(c) any body or person prescribed by the regulations for the purposes of this section.

(1) If, by or under any other Act (whether passed before or after the commencement of this section) any provision is made in relation to food for sale, being a provision that is inconsistent with the provisions of this Act or the regulations under this Act, the provisions of this Act or the regulations prevail to the extent of the inconsistency.

(2) Any statutory rule relating to any of the following matters must be submitted to the Minister before being made—

(b) the composition of, and standards for, food,

(c) the cleanliness of vehicles, premises or places in which food is sold or handled for sale.

(3) No such statutory rule may be made unless the Minister approves of such of its provisions as relate to any of those matters.

(4) Failure to comply with any provision of this section does not affect the validity of a statutory rule.

(5) In this section, statutory rule means a regulation, by-law, rule or ordinance made, or required by law to be approved or confirmed, by the Governor or made by a council.

(1) A person must not handle food intended for sale in a manner that the person knows will render, or is likely to render, the food unsafe.

Maximum penalty—1,000 penalty units or imprisonment for 2 years, or both, in the case of an individual and 5,000 penalty units in the case of a corporation.

(2) A person must not handle food intended for sale in a manner that the person ought reasonably to know is likely to render the food unsafe.

Maximum penalty—750 penalty units in the case of an individual and 3,750 penalty units in the case of a corporation.

An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.

(1) A person must not sell food that the person knows is unsafe.

Maximum penalty—1,000 penalty units or imprisonment for 2 years, or both, in the case of an individual and 5,000 penalty units in the case of a corporation.

(2) A person must not sell food that the person ought reasonably to know is unsafe.

Maximum penalty—750 penalty units in the case of an individual and 3,750 penalty units in the case of a corporation.

An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.

(1) A person must not cause food intended for sale to be falsely described if the person knows that a consumer of the food who relies on the description will, or is likely to, suffer physical harm.

Maximum penalty—1,000 penalty units or imprisonment for 2 years, or both, in the case of an individual and 5,000 penalty units in the case of a corporation.

(2) A person must not cause food intended for sale to be falsely described if the person ought reasonably to know that a consumer of the food who relies on the description is likely to suffer physical harm.

Maximum penalty—750 penalty units in the case of an individual and 3,750 penalty units in the case of a corporation.

(3) A person must not sell food that the person knows is falsely described and will, or is likely to, cause physical harm to a consumer of the food who relies on the description.

Maximum penalty—1,000 penalty units or imprisonment for 2 years, or both, in the case of an individual and 5,000 penalty units in the case of a corporation.

(4) A person must not sell food that the person ought reasonably to know is falsely described and is likely to cause physical harm to a consumer of the food who relies on the description.

Maximum penalty—750 penalty units in the case of an individual and 3,750 penalty units in the case of a corporation.

An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.

(1) A person must not handle food intended for sale in a manner that will render, or is likely to render, the food unsafe.

(2) A person must not sell food that is unsafe.

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.

(1) A person must not handle food intended for sale in a manner that will render, or is likely to render, the food unsuitable.

(2) A person must not sell food that is unsuitable.

(3) For the purposes of this section, it is immaterial whether the food concerned is safe.

Maximum penalty—400 penalty units in the case of an individual and 2,000 penalty units in the case of a corporation.

An offence against subsection (1) or (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.

(1) A person must not, in the course of carrying on a food business, engage in conduct that is misleading or deceptive or is likely to mislead or deceive in relation to the advertising, packaging or labelling of food intended for sale or the sale of food.

(2) A person must not, for the purpose of effecting or promoting the sale of any food in the course of carrying on a food business, cause the food to be advertised, packaged or labelled in a way that falsely describes the food.

(3) A person must not, in the course of carrying on a food business, sell food that is packaged or labelled in a way that falsely describes the food.

(4) Nothing in subsection (2) or (3) limits the generality of subsection (1).

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

An offence against subsection (1), (2) or (3) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.

(1) A person must not, in the course of carrying on a food business, supply food by way of sale if the food is not of the nature or substance demanded by the purchaser.

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.

(2) For the purposes of this section, it is immaterial whether the food concerned is safe.

(1) A person must not sell equipment that if used for the purposes for which it was designed or intended to be used—

(b) would put other equipment, or would be likely to put other equipment, in such a condition that, if the other equipment were used for the purposes for which it was designed or intended to be used, it would render, or be likely to render, food unsafe.

(2) A person must not sell packaging or labelling material that if used for the purposes for which it was designed or intended to be used would render or be likely to render food unsafe.

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.

(1) A person must comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to the conduct of a food business or to food intended for sale or food for sale.

(2) A person must not sell any food that does not comply with a requirement of the Food Standards Code that relates to the food.

(3) A person must not sell or advertise for sale any food that is packaged or labelled in a manner that contravenes a provision of the Food Standards Code.

(4) A person must not sell or advertise for sale any food in a manner that contravenes a provision of the Food Standards Code.

(5) This section does not require compliance with a provision of the Food Standards Code in relation to the conduct of a food business that is primary food production unless a food safety scheme provides that the provision applies to the food business or to a class of food businesses that includes the food business concerned.

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

An offence against subsection (1)–(4) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.

(1) For the purposes of this Part, food that is falsely described includes food to which any one or more of the following paragraphs applies—

(a) the food is represented as being of a particular nature or substance for which there is a prescribed standard under the Food Standards Code and the food does not comply with that prescribed standard,

(b) the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance in a quantity or proportion that significantly diminishes its food value or nutritive properties as compared with food of the represented nature or substance,

(c) the food is represented as being of a particular nature or substance and it contains, or is mixed or diluted with, any substance of lower commercial value than food of the represented nature or substance,

(d) the food is represented as being of a particular nature or substance and a constituent of the food has been wholly or partly removed so that its properties are diminished as compared with food of the represented nature or substance,

(e) any word, statement, device or design used in the packaging or labelling of the food, or in an advertisement for the food, would create a false impression as to the nature or substance of the food, or the commercial value of the food, in the mind of a reasonable person,

(f) the food is not of the nature or substance represented by the manner in which it is packaged, labelled or offered for sale.

(2) Without limiting the application of subsection (1) of this section to section 18 (2), food is falsely described for the purposes of section 18 (2) if it is supplied in response to a purchaser’s request for a particular type of food, or a food that does not contain a particular ingredient, and the food is not of that type or contains that ingredient.

For the purposes of a provision of this Part, it does not matter that the food concerned was sold or intended for sale outside this State.

(1) The regulations may prescribe schemes regulating the use of words and expressions used in the labelling of any type of beef intended for sale or beef for sale to indicate the type of beef, the quality of beef or any other characteristic of the beef.

(2) Without limiting subsection (1), the regulations prescribing a scheme may—

(b) specify the requirements for labelling beef with a word or expression indicating the type, quality or any other characteristic of the beef, or

(c) specify any other conditions relating to the use of a word or expression indicating the type, quality or any other characteristic of the beef, or

(d) prohibit activities in relation to the labelling of beef, or

(e) require records to be kept in relation to the labelling of beef.

(3) This section does not limit the operation of the provisions of this Act relating to food safety schemes.

(4) In this section—

(1) For the purposes of section 18 (1), a person carrying on a food business is taken to have engaged in conduct that is misleading or deceptive (or is likely to mislead or deceive) in relation to the advertising, packaging or labelling of beef intended for sale, or in relation to the sale of beef, if—

(a) the person does not use AUS-MEAT language consistently (unless the person is complying with a scheme prescribed under section 23A), or

(b) the person voluntarily adopts, but does not consistently comply with, a scheme prescribed under section 23A, or

(d) the beef is advertised, packaged or labelled with the word “manufacturing” and does not also include the words “suitable for mince only”.

(2) For the purposes of subsection (1) (a), a person does not use AUS-MEAT language consistently if—

(a) the person advertises, packages, labels or sells beef described by means of AUS-MEAT language, and

(b) other beef advertised, packaged, labelled or sold by that person is described by any other means that does not include a description by means of—

(ii) a consumer descriptor.

(3) For the purposes of subsection (1) (b), a person voluntarily adopts, but does not consistently comply with, a scheme prescribed under section 23A, if—

(a) the person labels any beef in accordance with a scheme prescribed under section 23A or advertises, packages or sells beef that has been labelled in accordance with such a scheme, and

(b) the person does not comply with that scheme in respect of all beef to which the scheme applies that is advertised, packaged, labelled or sold by that person.

(4) This section does not limit the operation of section 18 (1).

(5) In this section—

AUS-MEAT language means any words, letters or symbols (other than the words beef, steak or veal or any words indicating a cooking method) that (whether alone, in combination or together with other words, letters or symbols) are used by the AUS-MEAT manual to designate or indicate beef as belonging to a particular type, quality, classification, category, cut or grade.

AUS-MEAT manual means the Australian Meat Industry Classification System (Manual 1) (2009 edition) published by AUS-MEAT Limited (ACN 082 528 881) or, if a replacement document is prescribed for the purposes of this definition, that document.

consumer descriptor means a word or expression prescribed by the regulations that is used to describe beef that is of a cut prescribed by the regulations.

(1) For the purposes of section 18 (2), beef is falsely described if—

(a) it is described by means of AUS-MEAT language that is referable to beef of a particular type, quality, classification, category, cut or grade and—

(ii) it does not comply with the standards set out in the AUS-MEAT manual, with respect to beef of that type, quality, classification, category, cut or grade, or

(b) it is described by means of a word or expression that is regulated in accordance with a scheme prescribed under section 23A and the description does not comply with the requirements of the scheme, or

(c) it is described by means of a word or expression that is prescribed for the purposes of the definition of consumer descriptor in section 23B and the beef cannot be described as being of the cut that is prescribed in relation to that word or expression.

(2) This section does not limit the operation of section 18 (2).

(3) In this section—

(1) Subject to subsection (2), any person selling beef that has been cooked and is intended for immediate consumption (including, but not limited to, restaurants and take-away food shops) is exempt from sections 23B and 23C.

(2) The regulations may prescribe any persons or classes of persons in respect of which the exemption provided by this section is not to apply from the date specified in the regulations.

(1) In any proceedings for an offence under this Part in relation to the publication of an advertisement, it is a defence for a person to prove that the person carried on the business of publishing or arranging for the publication of advertisements and that the person published or arranged for the publication of the advertisement in question in the ordinary course of that business.

(2) Subsection (1) does not apply if the person—

(b) had previously been informed in writing by the Food Authority that publication of such an advertisement would constitute an offence, or

(c) is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisements concerned were published.

(1) In any proceedings for an offence under this Part involving a contravention of or failure to comply with a provision of the Food Standards Code in relation to food, it is a defence for a person to prove that—

(b) the food complies with the laws in force at the time of the alleged offence in the place to which the food is to be exported, being laws that deal with the same subject-matter as the provision of the Food Standards Code concerned.

(2) This section does not apply to food that was originally intended for export but was sold in this State.

(1) In any proceedings for an offence under this Part, it is a defence if it is proved that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person or by another person under the person’s control.

(2) Without limiting the ways in which a person may satisfy the requirements of subsection (1), a person satisfies those requirements if it is proved—

(ii) reliance on information supplied by another person, and

(i) the person carried out all such checks of the food concerned as were reasonable in all the circumstances, or

(ii) it was reasonable in all the circumstances to rely on checks carried out by the person who supplied the food concerned to the person, and

(c) that the person did not import the food into this State from another country, and

(d) in the case of an offence involving the sale of food, that—

(ii) the person sold the food in a different condition to that in which the person purchased it, but that the difference did not result in any contravention of this Act or the regulations.

(3) In subsection (2) (a), another person does not include a person who was—

(b) in the case of a defendant that is a body corporate, a director, employee or agent of the defendant.

(4) Without limiting the ways in which a person may satisfy the requirements of subsection (1) or (2) (b) (i), a person may satisfy those requirements by proving that—

(a) in the case of an offence relating to a food business for which a food safety program is required to be prepared in accordance with the regulations, the person complied with a food safety program for the food business that complies with the requirements of the regulations, or

(b) in any other case, the person complied with a scheme (for example, a quality assurance program or an industry code of practice) that was—

(i) designed to manage food safety hazards and based on Australian national or international standards, codes or guidelines designed for that purpose, and

(ii) documented in some manner.

In any proceedings for an offence under Division 2, it is no defence that the defendant had a mistaken but reasonable belief as to the facts that constituted the offence.

In any proceedings for an offence under section 13, 16 (1) or 17 (1), it is a defence if it is proved that the person caused the food to which the offence relates to be destroyed or otherwise disposed of immediately after the food was handled in the manner that was likely to render it unsafe or unsuitable.

In any proceedings for an offence under section 20 (1) or (2), it is a defence if the person proves that the person reasonably believed that the equipment or material concerned was not intended for use in connection with the handling of food.

An order may be made under this Part by the Food Authority if the Food Authority has reasonable grounds to believe that the making of the order is necessary to prevent or reduce the possibility of a serious danger to public health or to mitigate the adverse consequences of a serious danger to public health.

An order under this Part may do any one or more of the following—

(a) require the publication of warnings, in a form approved by the Food Authority, that a particular food or type of food is unsafe,

(b) prohibit the cultivation, taking, harvesting or obtaining, from a specified area, of a particular food or type of food,

(c) prohibit a particular food or type of food from being advertised or sold,

(d) direct that a particular food or type of food consigned or distributed for sale or sold be recalled and specify the manner in which, and the period within which, the recall is to be conducted,

(e) direct that a particular food or type of food be impounded, isolated, destroyed or otherwise disposed of and specify the manner in which the impounding, isolation, destruction or disposal is to be conducted,

(f) prohibit absolutely the carrying on of an activity in relation to a particular food or type of food, or permit the carrying on of the activity in accordance with conditions specified in the order,

(g) without limiting the generality of paragraph (f), impose conditions relating to the taking and analysis of samples of the food or of water or soil or any other thing that is part of the environment in which that activity is carried on in relation to the food,

(h) specify methods of analysis (not inconsistent with any methods prescribed by the Food Standards Code) of any samples required to be taken in accordance with the order.

(1) A recall order may require the person, or the persons of a class, that is bound by the order to disclose to the public or to a class of persons specified in the order, in a manner so specified, any one or more of the following—

(b) the reasons why the food is considered to be unsafe,

(c) the circumstances in which the consumption of the food is unsafe,

(d) procedures for disposing of the food.

(2) A person who is required by a recall order to conduct a recall of any food must give written notice to the Food Authority of the completion of the recall as soon as practicable after that completion.

(3) A person who is bound by a recall order is liable for any cost incurred by or on behalf of the Food Authority in connection with the recall order and any such cost is taken to be a debt due to the Food Authority from that person.

(4) In any proceedings for the recovery of the debt, a certificate signed by the Food Authority stating the amount of any costs and the manner in which they were incurred is evidence of the matters certified.

(1) An order under this Part—

(a) may be made in writing addressed to the person or persons intended to be bound by it, and served on that person or each of those persons, as the case requires, or

(b) may be addressed to several persons, to a class of persons, or to all persons.

(2) Notice of an order addressed as referred to in subsection (1) (b) setting out the terms of the order and the persons to be bound by the order must, as soon as practicable after the order is made, be published—

(a) in such reasonably practicable manner as, in the opinion of the Food Authority, will be most likely to bring the order to the attention of the persons bound by it, and

(b) on the NSW legislation website if the order is addressed to a class of persons or to all persons.

(3) An order under this Part, when it takes effect, is binding on the person or persons to whom it is addressed.

(4) An order that is served on a person takes effect when it is served.

(5) An order, notice of which is published under subsection (2), takes effect at the beginning of the first day on which the notice was published.

(6) An order ceases to have effect at the expiration of 90 days after the day on which it takes effect unless it is sooner revoked.

(7) Subsection (6) does not prevent a further order being made in the same terms as an order that has expired.

(8) An order under this Part may be varied or revoked by the Food Authority in the same manner as the order was made.

(1) A person bound by an order under this Part who suffers loss as a result of the making of the order may apply to the Food Authority for compensation if the person considers that there were insufficient grounds for the making of the order.

(2) If there were insufficient grounds for the making of the order, the Food Authority is to pay such compensation to the applicant as is just and reasonable.

(3) The Food Authority is to send written notification of its determination as to the payment of compensation under this section to each applicant for the payment of such compensation.

(4) If the Food Authority has not determined an application for compensation under this section within 28 days of receiving the application, the Food Authority is taken to have refused to pay any compensation.

(5) An applicant for the payment of compensation under this section who is dissatisfied with a determination by the Food Authority as to the refusal to pay compensation or as to the amount of compensation may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 —

(b) in a case to which subsection (4) applies, within 28 days after the expiration of the 28-day period referred to in that subsection.

A person must not, without reasonable excuse—

(a) carry on an activity in contravention of any prohibition imposed on the person by an order under this Part, or

(b) neglect or refuse to comply with a direction given by such an order, or

(c) fail to comply with a condition specified in such an order.

Maximum penalty—500 penalty units in the case of an individual or 2,500 penalty units in the case of a corporation.

An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.

In any proceedings for judicial review or in any other proceedings, a court or tribunal is not authorised to make an interlocutory order that has the effect of staying the operation of an order under this Part.

(1) For the purposes of this Act, an authorised officer may, at any reasonable time, do any one or more of the following—

(a) alone, or with such police officers or other persons as the authorised officer considers necessary, enter and inspect any premises that the authorised officer reasonably believes are used in connection with the handling of any food intended for sale or the sale of food, or any food transport vehicle,

(b) alone, or with such police officers or other persons as the authorised officer considers necessary, enter and inspect any premises or food transport vehicle, in which the authorised officer reasonably believes that there are any records or documents that relate to the handling of any food intended for sale or the sale of food,

(c) examine any food intended for sale,

(d) open and examine any package that the authorised officer reasonably believes contains any food intended for sale or any equipment,

(e) open and examine any equipment,

(f) examine any labelling or advertising material that appears to the authorised officer to be intended for use in connection with any food intended for sale or any equipment,

(g) subject to Division 1 of Part 6, for the purpose of analysing any food sold or intended for sale or for carrying out any other examination in order to determine whether the provisions of this Act or the regulations are being complied with, demand, select and obtain samples of any food,

(h) for the purpose of analysis, take samples of water or soil or any other thing that is part of the environment in which any food is handled to determine whether that environment poses a risk to the safety of the food for human consumption,

(i) take samples of any thing, other than for the purpose of analysis, that the authorised officer reasonably believes may be used as evidence that an offence has been, or is being, committed under this Act or the regulations,

(j) examine any records or documents referred to in paragraph (b), make copies of those records or documents or any part of them and, for that purpose, take away and retain (for such time as may be reasonably necessary) any such records or documents or any part of them,

(k) stop and detain any vehicle that the authorised officer is authorised by this subsection to enter,

(l) open, or require to be opened, any container used for the conveyance of goods, or any package, that the authorised officer reasonably believes to contain any food sold or intended for sale, or any equipment,

(m) take such photographs, films or audio or visual recordings as the authorised officer considers necessary,

(n) take any measurements and make sketches or drawings or any other type of record,

(o) require a person to provide information or answer questions, including through the use of audio or audio-visual recordings or other electronic means, in connection with the authorised officer’s functions under this Act or to produce any record, document or thing that an authorised officer is authorised to examine under this Act,

(p) require a person to state the person’s name and residential address,

(q) generally make such investigations and inquiries as may be necessary, including through the use of audio or audio-visual recordings or other electronic means, to ascertain whether an offence under this Act or the regulations has been or is being committed.

(2) This section does not authorise entry into any part of premises that is being used solely for residential purposes, except—

(b) under the authority of a search warrant, or

(c) if that part of the premises is being used for the preparation or service of meals provided with paid accommodation.

An authorised officer may seize any food, or any vehicle, equipment, package or labelling or advertising material, or any other thing at all, that the authorised officer believes on reasonable grounds—

(b) does not comply with a provision of this Act or the regulations, or, in the case of food, is labelled or packaged in a way that does not comply with a provision of this Act or the regulations.

(1) An authorised officer may apply to an authorised justice for a search warrant if the authorised officer has reasonable grounds for believing that a provision of this Act or the regulations has been or is being contravened on premises.

(2) An authorised justice to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the authorised officer named in the warrant, when accompanied by a police officer, and such other person (if any) as is named in the warrant—

(b) to search the premises for evidence of a contravention of this Act or the regulations.

(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

(1) A person must not, without reasonable excuse, fail to comply with a requirement of an authorised officer duly made under this Division.

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

(2) Such a requirement is not duly made unless, at the time of the making of the requirement, the person of whom the requirement is made is informed by the authorised officer that a refusal or failure to comply with the requirement may constitute an offence.

A person must not, without the permission of an authorised officer, detain, remove or tamper with any food, vehicle, equipment, package or labelling or advertising material or other thing that has been seized under this Act, unless it has been returned in accordance with Division 2 or an order disallowing the seizure has been made under that Division.

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

A person must not, in connection with a requirement or direction under this Act, provide any information or produce any document that the person knows is false or misleading in a material particular.

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

(1) A person must not, without reasonable excuse, resist, obstruct, or attempt to obstruct, an authorised officer in the exercise of the authorised officer’s functions under this Act.

(2) A person must not impersonate an authorised officer.

(3) A person must not threaten, intimidate or assault an authorised officer in the exercise of the authorised officer’s functions under this Act.

A person who is a food safety auditor and an authorised officer and who is exercising the functions of a food safety auditor in relation to any premises or food transport vehicle may also exercise the functions of an authorised officer but only if the person has first produced his or her certificate of authority issued under section 115—

(a) to the proprietor of the food business that uses those premises or food transport vehicle or to a person who is apparently in charge of those premises or that vehicle, and

(b) to any person whom the authorised officer requires to produce anything or to answer any question.

(1) Any item seized under this Part may, at the option of the authorised officer who seized the item or of any authorised officer acting in his or her place, be detained in the premises where it was found or be removed to another place and detained there.

(2) If the item is to be detained in the premises where it was found, the authorised officer—

(b) may mark, fasten and seal the door or opening providing access to that room, compartment or cabinet, and

(c) must ensure that it is marked in such a way as to indicate that it has been seized under this Act.

An authorised officer who seizes any item under this Part must, as soon as practicable after the seizure, give the person from whom the item was seized written notification of the seizure that includes the following—

(b) the reason for the seizure,

(c) an explanation of the person’s right to make an application to the court under section 52 for an order disallowing the seizure,

(d) the address of the place where the item is held if the item has been removed from the premises where it was seized,

(e) the name of the enforcement agency to whom the authorised officer reports.

If an authorised officer who has seized food under this Part is satisfied that the food consists wholly or partly of filthy, decomposed or putrid matter or that it poses an immediate risk to health or property, the authorised officer (disregarding any provision to the contrary in this Part) may cause the food to be destroyed.

If, before any item seized under this Part is forfeited to the Crown under this Division, the enforcement agency concerned becomes satisfied that there has been no contravention of this Act or the regulations of which the item is evidence, the enforcement agency must, as soon as practicable, cause the item to be delivered to—

(b) such other person as appears to the enforcement agency to be entitled to it.

(1) An item seized under this Part is forfeited to the Crown—

(a) on the expiration of the period allowed by section 52 for the making of an application for an order disallowing the seizure if the item has not been dealt with under section 47 and no application under section 52 has been made within that period, or

(b) if an application for an order disallowing the seizure has been made under section 52 but the application has been refused or has been withdrawn before a decision on the application has been made, on the date on which the application is refused or withdrawn.

(2) An item forfeited to the Crown under this section may be destroyed, sold or otherwise disposed of as the enforcement agency concerned may, generally or in a particular case, direct.

(1) A person who was the owner of an item immediately before its forfeiture under this Division is liable for any cost incurred by or on behalf of the enforcement agency concerned in connection with the lawful destruction or disposal of the item (including any storage costs) and any such cost is taken to be a debt due to the enforcement agency from that person.

(2) In any proceedings for the recovery of the debt, a certificate signed by the enforcement agency stating the amount of any costs and the manner in which they were incurred is evidence of the matters certified.

(1) An item seized under this Part that is forfeited under this Division and that has not been destroyed or otherwise disposed of in a manner that would prevent its return must, as soon as practicable, be delivered to the person from whom it was seized, or such other person as appears to the enforcement agency concerned to be entitled to it, if the enforcement agency becomes satisfied that no contravention of this Act or the regulations has been committed in relation to the item.

(2) On being so delivered, any proprietary and other interests in the item that existed immediately before its forfeiture are restored.

(1) A person may apply for compensation for an item seized under this Part to the enforcement agency that appointed the authorised officer who seized the item, but only if the period allowed by section 52 for the making of an application for an order disallowing the seizure has expired and no application has been made.

(2) An enforcement agency is, on an application made in accordance with this section, to pay such compensation as is just and reasonable in relation to any item seized under this Part by an authorised officer appointed by it if—

(b) the item cannot be returned or has in consequence of the seizure depreciated in value.

(3) An enforcement agency required to make a determination under subsection (2) as to the payment of compensation is to send written notification of its determination to the person from whom the item was seized and any person seeking compensation under this section.

(4) If an enforcement agency determines to pay compensation under this section in relation to an item, the compensation is to be paid to the person from whom the item was seized, or such other person as appears to the enforcement agency to be entitled to it.

(5) A person from whom an item was seized under this Part, or any other person who has sought compensation under this section, who is dissatisfied with a determination by an enforcement agency under this section as to the payment of such compensation may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the determination within 10 days after the date on which notification of the determination was received.

(1) A person claiming to be entitled to any item seized under this Part may, within 10 days after the date on which the seizure took place, lodge an application with the District Court or the Local Court for an order disallowing the seizure.

(2) The application is to be made in accordance with the rules governing the court and is not to be heard unless the applicant has previously served a copy of the application on the enforcement agency concerned.

The enforcement agency concerned is entitled to appear as respondent at the hearing of an application made under section 52.

The court, on the hearing of an application made under section 52, must make an order disallowing the seizure of an item if—

(a) it is proved that the applicant would, but for the seizure, be entitled to the item and it is not proved that an offence under this Act or the regulations was being, or had been, committed, being an offence of which the item was evidence, or

(b) in the opinion of the court, there are exceptional circumstances justifying the making of such an order,

(1) In the event that the court makes an order for the return of any item seized under this Part, it must also make one or both of the following orders—

(a) an order directing the respondent to cause the item to be delivered to the applicant or to such other person as appears to the court to be entitled to it,

(b) if the item cannot for any reason be so delivered or has in consequence of the seizure depreciated in value, an order directing the enforcement agency concerned to pay to the applicant such amount by way of compensation as the court considers to be just and reasonable.

(2) Despite subsection (1), the court is not to award an amount of compensation that exceeds its general monetary jurisdiction.

(3) The award of costs with respect to the hearing of the application lies in the discretion of the court.

(4) If the court makes an order for the payment of any amount as compensation or awards any amount as costs, the order is enforceable as a judgment of the court.

If on the hearing of an application made under section 52 it appears to the court that the item that is the subject of the application is required to be produced in evidence in any pending proceedings in connection with an offence under this Act or the regulations or under any other Act or regulations under any other Act, the court, on the application of the respondent or on its own motion, may adjourn the hearing until the conclusion of those proceedings.

If an authorised officer believes, on reasonable grounds, that—

(a) any premises used by a food business in connection with the handling of food intended for sale or any equipment or food transport vehicle is in an unclean or insanitary condition or is otherwise unfit for the purpose for which it is designed or intended to be used, or

(b) any premises used by a food business in connection with the handling of food intended for sale or any equipment or food transport vehicle does not comply with a provision of the Food Safety Standards with which the food business is required to comply, or

(c) in relation to any premises used in connection with the handling of food for sale or any food transport vehicle, any relevant food safety program prepared in accordance with the regulations is not being implemented adequately by a food business, or

(d) any provision of the Food Standards Code with which a food business is required to comply is being contravened in relation to the handling of food intended for sale on any premises, or in any food transport vehicle, used by the food business in connection with the handling of food intended for sale,

the authorised officer may serve an improvement notice on the proprietor of the food business in accordance with this Part.

(1) An improvement notice is to take the form of an order that—

(a) premises, equipment or a food transport vehicle be put into a clean and sanitary condition, or be repaired, to the satisfaction of an authorised officer, or

(b) equipment or a vehicle be replaced, or

(c) a food safety program be prepared if required by the regulations, or

(d) a food safety program required by the regulations be revised so as to comply with the requirements of the regulations, or

(e) in relation to the handling of food intended for sale, measures be taken to implement the provisions of any relevant food safety program required to be prepared by the regulations, or

(f) in relation to the handling of food intended for sale, measures be taken to implement the requirements of the Food Safety Standards,

within a period of 24 hours (or such longer period as is specified in the notice) after the service of the notice on the proprietor of the food business.

(2) Before the end of the period specified in the improvement notice, the authorised officer who issued the notice may, on his or her own motion or on the application of the proprietor of the food business, extend the period within which the proprietor of the food business is to take action in accordance with the notice.

(3) An improvement notice is to state that it is issued under this section.

(1) If an improvement notice is complied with, an authorised officer is to note the date of compliance on a copy of the notice.

(2) An authorised officer must give a copy of an improvement notice, noted in accordance with this section, to the person on whom the improvement notice was served if requested to do so by the person.

(1) If the Food Authority or an enforcement agency believes, on reasonable grounds—

(i) the proprietor of a food business has not complied with an improvement notice within the time required by section 58 for compliance, or

(ii) the issue of the order is necessary to prevent or mitigate a serious danger to public health,

the Food Authority or the enforcement agency may serve a prohibition order on the proprietor of the food business in accordance with this Part.

(2) A prohibition order is to take the form of an order that—

(a) no food intended for sale is to be handled on specified premises or a specified part of specified premises, or

(b) no food intended for sale is to be conveyed in a specified vehicle, or

(c) specified equipment is not to be used in connection with food intended for sale, or

(d) no food intended for sale is to be handled by a food business in a specified way or for a specified purpose,

until the proprietor of the food business has been given a certificate of clearance stating that the premises, part of the premises, vehicle or equipment may be used for the handling or conveyance of food intended for sale, or for use in connection with such food, or that the food may be handled in the specified way or for the specified purpose, as the case may be.

(3) A prohibition order is to state that it is issued under this section.

(4) The Food Authority or person that made the order must give a certificate of clearance if, after an inspection of the premises, part of the premises, vehicle or equipment, or the way of handling food, specified in the prohibition order, the Food Authority or person finds, by the Food Authority’s or person’s own inspection or the report of an authorised officer, that—

(a) the premises, part of the premises, vehicle or equipment, or the handling of food by the food business in the specified way or for the specified purpose, is not a serious danger to public health, and

(b) the person on whom the prohibition order was served has complied with the prohibition order and any improvement notices served on the person.

An improvement notice or a prohibition order may be made with respect to any one or more of the following—

(a) any premises or any part of any premises, food transport vehicle or equipment specified in the notice or order,

(b) all equipment contained on any premises or any part of any premises, or in a food transport vehicle, specified in the notice or order, or any specified equipment so contained,

(c) the handling of food intended for sale by a food business in a specified way or for a specified purpose.

An improvement notice or prohibition order under this Part—

(b) may specify particular action to be taken by a person to ensure compliance with the provision of the Food Standards Code to which it relates.

(1) The proprietor of the food business whose premises (other than a vehicle) are affected by a prohibition order may at any time after the order has been served make a written request to the Food Authority or person who made the order to cause the premises to be inspected by an authorised officer.

(2) The proprietor of the food business whose vehicle or equipment is affected by a prohibition order may at any time after the order has been served make a written request to the Food Authority or person who made the order to cause the vehicle or equipment to be inspected by an authorised officer—

(b) if it is not convenient for it to be inspected at that place, at some other place that the Food Authority or person who made the order has agreed to.

(3) If a request for inspection is made under this section and the premises, vehicle or equipment concerned, through no fault of the proprietor of the food business, is not inspected by an authorised officer within the period of 48 hours of the receipt of the request by the Food Authority or person, a certificate of clearance is taken to have been given to the proprietor of the food business under section 60.

A person must not contravene or fail to comply with a prohibition order served on the person under this Part.

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.

The proprietor of a food business on whom a prohibition order has been served may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision of the Food Authority or the person who made the order to refuse to give a certificate of clearance under section 60 to the proprietor.

(1) A person bound by a prohibition order who suffers loss as a result of the making of the order may apply to the Food Authority or person who made the order for compensation if the person bound by the order considers that there were no grounds for the making of the order.

(2) If there were no grounds for the making of the order, the Food Authority or enforcement agency is to pay such compensation to the applicant as is just and reasonable.

(3) The Food Authority or enforcement agency is to send written notification of its determination as to the payment of compensation under this section to each applicant for the payment of such compensation.

(4) If the Food Authority or enforcement agency has not determined an application for compensation under this section within 28 days of receiving the application, the Food Authority or enforcement agency is taken to have refused to pay any compensation.

(5) An applicant for the payment of compensation under this section who is dissatisfied with a determination by the Food Authority or enforcement agency as to the refusal to pay compensation or as to the amount of compensation may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 —

(b) in a case to which subsection (4) applies, within 28 days after the expiration of the 28-day period referred to in that subsection.

(1) A person who is given an improvement notice by an authorised officer of an enforcement agency must, within 28 days after the notice is given, pay the fee prescribed by the regulations to the enforcement agency if the notice contains a requirement to do so.

(2) The enforcement agency may—

(a) extend the time for payment of the fee, on the application of the person to whom the improvement notice was given, or

(b) waive payment of the whole or any part of the fee, on the enforcement agency’s own initiative or on the application of the person to whom the improvement notice was given.

(3) A person to whom an improvement notice is given in accordance with this Part must pay the fee required by this section within the time provided under this section.

This Division applies only to the taking of samples by an authorised officer in the exercise of powers under Part 4.

Whenever an authorised officer obtains a sample of food for the purposes of analysis, an authorised officer must, either before or as soon as practicable after obtaining the sample, inform—

(b) if the proprietor is not present or readily available, the person from whom the sample was obtained or who was in charge of the food from which the sample was taken,

An authorised officer when obtaining a sample of food must pay, or tender payment of—

(b) if no such amount is prescribed by the regulations, an amount equal to the current market value of the sample,

Sections 67 and 68 do not apply to the obtaining of a sample by an authorised officer from a vending machine if the authorised officer obtains the sample by making proper payment for it and the authorised officer cannot identify anyone who at the time appears to be in charge of the machine.

An authorised officer who takes a sample of food for the purposes of this Act that is contained in a closed package intended for retail sale must take the whole of the package unless the package contains two or more smaller packages of the same food.

(1) This section applies to the taking of samples for the purposes of this Act except to the extent that the Food Standards Code otherwise provides.

(2) An authorised officer who obtains a sample of food for the purposes of analysis must (unless subsection (3) applies)—

(a) divide the sample into 3 separate parts and mark and seal or fasten each part in such manner as its nature will permit, and

(b) leave one part with the proprietor of the food business or any other person from whom the sample was obtained or a person appearing to be the employee or agent of that proprietor or other person, and

(c) submit one of the remaining parts for analysis, and

(d) retain the other remaining part for future comparison.

(3) If the division of a sample for analysis into 3 separate parts in accordance with subsection (2) would in the opinion of the authorised officer—

(a) so affect or impair the composition or quality of the sample as to render the separate parts unsuitable for accurate analysis, or

(b) result in the separate parts being of an insufficient size for accurate analysis, or

(c) render the sample in any other way unsuitable for analysis, including a method of analysis prescribed by the regulations in relation to the food from which the sample was taken,

the authorised officer may take, in accordance with this section, as many samples as the authorised officer considers necessary to enable an accurate analysis to be carried out and may deal with the sample or samples in such manner as is appropriate in the circumstances.

(4) If a sample of food is taken by an authorised officer in the form of separate or severable objects, it is not necessary, in dividing that sample into parts in accordance with this section, to divide any one of those objects, and it is sufficient compliance with this section if the authorised officer—

(b) divides the number so taken into the requisite number of parts so that each part consists of one or more than one of the separate or severable objects, and

(c) deals with those parts in accordance with the preceding provisions of this section.

An authorised officer must submit any sample obtained in accordance with this Division for analysis under Division 2 unless no longer of the opinion that the sample ought to be analysed.

Except as provided by the regulations, a person who carries out an analysis for the purposes of this Act is to comply with any requirements of the Food Standards Code relating to the carrying out of analyses.

(1) This section applies to an analysis that is carried out—

(b) by an approved analyst, or

(c) under the supervision of an approved analyst,

(2) On completion of an analysis to which this section applies—

(b) the approved analyst who carried out the analysis, or

(c) the approved analyst who supervised the carrying out of the analysis,

is to give the person who requested the analysis, or an agent of the person, a certificate of analysis, in the approved form, that complies with the requirements of subsection (3).

(3) The certificate of analysis must—

(a) be dated and signed by the person in charge of the laboratory at which the analysis was carried out or by the approved analyst who carried out the analysis or who supervised the carrying out of the analysis, and

(b) contain a written report of the analysis that sets out the findings, and

(c) specify the requirements, if any, of the Food Standards Code relating to the carrying out of the analysis and certify that the analysis was carried out in accordance with those requirements.

(1) The Food Authority may approve laboratories for the purposes of carrying out analyses under this Act.

(2) A person providing or intending to provide analysis services at a laboratory may make an application, in the approved form, to the Food Authority for an approval of the laboratory under this Division.

(3) The application is to be accompanied by—

(b) the fee, if any, prescribed by the regulations.

(4) The Food Authority may, after considering an application for approval—

(b) refuse the application.

(5) If the Food Authority grants an application for approval, it must issue the applicant with a written approval that sets out the conditions to which the approval is subject.

(6) If the Food Authority refuses an application for approval, the Food Authority must give notice of the refusal in writing to the applicant setting out the reasons for the refusal.

Except during any period of suspension, an approval of a laboratory granted under this Division remains in force until cancelled.

The person in charge of an approved laboratory must notify the Food Authority of any direct or indirect interest in any food business that a person concerned in the management of, or an employee of, the approved laboratory has as soon as possible after becoming aware of that interest.

(1) The Food Authority may vary the conditions of, or suspend or cancel, the approval of a laboratory under this Division.

(2) An approval of a laboratory may be suspended or cancelled on one or more of the following grounds—

(a) if the Food Authority is satisfied that a person providing services at the laboratory has wilfully or negligently contravened or failed to comply with any provision of this Act or the regulations,

(b) if the Food Authority is satisfied that a person providing services at the laboratory has contravened a condition to which the approval is subject,

(c) if the Food Authority is satisfied that a person in charge of, concerned in the management of or employed by, the laboratory has a direct or indirect interest in any food business that, in the opinion of the Food Authority, could affect the carrying out of the laboratory’s functions under this Act,

(d) at the request of the person in charge of the laboratory,

(e) for any other reason that the Food Authority considers appropriate.

(3) The Food Authority may only vary the conditions of, or suspend or cancel, the approval of a laboratory—

(ii) an opportunity to make submissions, and

(b) after having considered any submissions duly made by the person.

(4) Subsection (3) does not apply to the cancellation of an approval at the request of the person in charge of the laboratory.

(5) A variation of the conditions of, or the suspension or cancellation of, the approval of a laboratory—

(b) must be served on the person in charge of the laboratory, and

(c) takes effect at the time at which the notice is served or at a later time specified in the notice.

(1) An applicant for an approval of a laboratory under this Division, or the holder of such an approval, may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions relating to the application or approval—

(b) the imposition of conditions on an approval,

(c) the variation of conditions of an approval,

(d) the suspension or cancellation of an approval.

(2) An application under this section may only be made within 10 days after service of—

(a) the relevant written approval or notice of refusal under section 75, in the case of an application for the administrative review of a decision referred to in subsection (1) (a) or (b), or

(b) the relevant notice of the variation, suspension or cancellation under section 78, in the case of an application for the administrative review of a decision referred to in subsection (1) (c) or (d).

(1) The Food Authority is to prepare and maintain a list of approved laboratories.

(2) The list is to be made publicly available and is to be revised at least annually.

(1) The Food Authority may approve natural persons for the purposes of carrying out analyses under this Act.

(2) A natural person may make an application, in the approved form, to the Food Authority for an approval under this Division.

(3) The application is to be accompanied by—

(b) the fee, if any, prescribed by the regulations.

(4) The Food Authority may, after considering an application for approval—

(b) refuse the application.

(5) If the Food Authority grants an application for approval, it must issue the applicant with a written approval that sets out the conditions to which the approval is subject.

(6) If the Food Authority refuses an application for approval, the Food Authority must give notice of the refusal in writing to the applicant setting out the reasons for the refusal.

Except during any period of suspension, an approval of a person granted under this Division remains in force until cancelled.

A person who is an approved analyst must notify the Food Authority of any direct or indirect interest in any food business that the person has as soon as possible after becoming aware of that interest.

(1) The Food Authority may vary the conditions of, or suspend or cancel, an approval under this Division.

(2) An approval of a person under this Division may be suspended or cancelled on one or more of the following grounds—

(a) if the Food Authority is satisfied that the person has wilfully or negligently contravened any provision of this Act or the regulations,

(b) if the Food Authority is satisfied that the person has contravened a condition to which the approval is subject,

(c) if the Food Authority is satisfied that the person has a direct or indirect interest in any food business that, in the opinion of the Food Authority, could affect the carrying out of the person’s functions under this Act,

(d) at the request of the person,

(e) for any other reason that the Food Authority considers appropriate.

(3) The Food Authority may only vary the conditions of, or suspend or cancel, the approval of a person under this Division—

(ii) an opportunity to make submissions, and

(b) after having considered any submissions duly made by the person.

(4) Subsection (3) does not apply to the cancellation of an approval at the request of the person to whom the approval relates.

(5) A variation of the conditions of, or the suspension or cancellation of, an approval of a person under this Division—

(b) must be served on the person, and

(c) takes effect at the time at which the notice is served or at a later time specified in the notice.

(1) An applicant for an approval under this Division, or the holder of such an approval, may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions of the Food Authority relating to the application or approval—

(b) the imposition of conditions on an approval, or

(c) the variation of conditions of an approval, or

(d) the suspension or cancellation of an approval.

(2) An application under this section may only be made within 10 days after service of—

(a) the relevant written approval or notice of refusal under section 81, in the case of an application for the administrative review of a decision referred to in subsection (1) (a) or (b), or

(b) the relevant notice of the variation, suspension or cancellation under section 84, in the case of an application for the administrative review of a decision referred to in subsection (1) (c) or (d).

(1) The Food Authority is to prepare and maintain a list of approved analysts.

(2) The list is to be made publicly available and is to be revised at least annually.

(1) The Food Authority may authorise a person who is a member of staff of the Food Authority, or approve any other natural person, to be a food safety auditor for the purposes of this Act if the Food Authority is satisfied that the person is competent to carry out the functions of a food safety auditor having regard to—

(b) any guidelines relating to competency criteria approved by the Food Authority.

(2) A natural person may make an application, in the approved form, to the Food Authority for an approval under this Part.

(3) The application is to be accompanied by—

(b) the fee, if any, prescribed by the regulations.

(4) The Food Authority may, after considering an application for approval—

(b) refuse the application.

(5) If the Food Authority grants an application for approval, it must issue the applicant with a written approval that sets out any conditions to which the approval is subject.

(6) If the Food Authority refuses an application for approval, the Food Authority must give notice of the refusal in writing to the applicant setting out the reasons for the refusal.

(1) This section only authorises the exercise of functions in relation to the auditing of the beef labelling requirements.

(2) The Food Authority may appoint a person employed by an approved industry body to be a beef labelling auditor for the purposes of carrying out audits to determine compliance with the beef labelling requirements.

(3) A beef labelling auditor is to exercise his or her functions in accordance with the directions issued to the approved industry body by the Food Authority.

(4) The cost of exercising those functions is the responsibility of the approved industry body.

(5) A beef labelling auditor is taken to be a food safety auditor for the purposes of this Act and accordingly a reference in this Act to a food safety auditor is taken to include a reference to a beef labelling auditor.

(6) In this section—

approved industry body means a body that represents the beef industry and that is approved for the time being by the Food Authority.

Except during any period of suspension, an approval granted under this Division remains in force for the period specified in the approval unless sooner cancelled.

(1) A food safety auditor must notify the Food Authority of any direct or indirect interest in any food business that the auditor has as soon as possible after becoming aware of that interest.

(2) Payment to an auditor for carrying out the functions of an auditor does not constitute a direct or indirect interest in a food business for the purposes of subsection (1).

(1) The Food Authority may vary the conditions of, or suspend or cancel, an approval under this Division.

(2) An approval of a person may be suspended or cancelled on one or more of the following grounds—

(a) if the Food Authority is satisfied that the person has wilfully or negligently contravened any provision of this Act or the regulations,

(b) if the Food Authority is satisfied that the person has contravened a condition to which the approval is subject,

(c) if the Food Authority is satisfied that the person has not competently carried out any duty of an auditor under this Act,

(d) if the Food Authority is satisfied that the person has a direct or indirect interest in any food business that, in the opinion of the Food Authority, could affect the performance of the person’s duties under this Act,

(e) at the request of the person,

(f) for any other reason that the Food Authority considers appropriate.

(3) Payment to an auditor for performing the duties of an auditor does not constitute a direct or indirect interest in a food business for the purposes of subsection (2) (d).

(4) The Food Authority may only vary the conditions of, or suspend or cancel, the approval of a person—

(ii) an opportunity to make submissions, and

(b) after having considered any submissions duly made by the person.

(5) Subsection (4) does not apply to the cancellation of an approval at the request of the person to whom the approval relates.

(6) A variation of the conditions of, or the suspension or cancellation of, the approval of a person under this Part—

(b) must be served on the person to whom the approval relates, and

(c) takes effect on the day on which the notice is served or on a later day specified in the notice.

(1) An applicant for an approval under this Division, or the holder of such an approval, may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions of the Food Authority relating to the application or approval—

(b) the imposition of conditions on an approval,

(c) the variation of conditions of an approval,

(d) the suspension or cancellation of an approval.

(2) An applicant for an approval under this Division, or the holder of such an approval may apply to the Food Authority for a review of any of the following decisions relating to the application or approval if the decision was made by a body acting under a delegation given by the Food Authority—

(b) the imposition of conditions on an approval,

(c) the variation of conditions of an approval,

(d) the suspension or cancellation of an approval.

(3) An application under this section may only be made within 10 days after service of—

(a) the relevant written approval or notice of refusal under section 87, in the case of an application for the review of a decision referred to in subsection (1) (a) or (b) or (2) (a) or (b), or

(b) the relevant notice of the variation, suspension or cancellation under section 90, in the case of an application for the review of a decision referred to in subsection (1) (c) or (d) or (2) (c) or (d).

(1) The appropriate enforcement agency must determine—

(a) the priority classification of individual food businesses for the purposes of the application of any requirements of the regulations relating to food safety programs, and

(b) the frequency of auditing of any food safety programs required to be prepared by the regulations in relation to the food businesses.

(2) The determination must be made having regard to a priority classification system for types of food businesses approved by the Food Authority.

(3) The appropriate enforcement agency must provide written notification to the proprietor of a food business of—

(b) the frequency of auditing of any food safety programs required to be prepared by the regulations in relation to the food business, and

(c) the date by which the food business must have implemented any food safety program required to be prepared by the regulations in relation to the food business.

(4) The appropriate enforcement agency may change the priority classification of an individual food business if the appropriate enforcement agency believes that the classification is inappropriate for any reason, including as a result of changes made to the conduct of the food business.

(5) The appropriate enforcement agency must provide written notification to the proprietor of a food business of any change in priority classification of the food business under subsection (4).

A food safety auditor has the following duties—

(a) to carry out audits of any food safety programs required by the regulations to be prepared in relation to food businesses having regard to the requirements of the regulations,

(b) to carry out any necessary follow-up action, including further audits, if necessary, to determine whether action has been taken to remedy any deficiencies of any such food safety program identified in an audit,

(c) to carry out assessments of food businesses to ascertain their compliance with requirements of the Food Safety Standards,

(d) to report in accordance with section 95.

(1) A food safety auditor must report in writing to the appropriate enforcement agency the results of any audit or assessment carried out by the food safety auditor for the purposes of this Act.

(2) A report under subsection (1) must—

(b) be submitted to the appropriate enforcement agency within 21 days after the completion of the audit or assessment, and

(c) take account of any action taken before the submission of the report to remedy any deficiency identified by the food safety auditor.

(3) A food safety auditor must indicate in a report of an audit under subsection (1)—

(a) whether or not the food safety auditor is of the opinion that the food business is being carried on in compliance with the requirements of the regulations relating to food safety programs, and

(b) any such requirements that the food safety auditor is of the opinion are being contravened in relation to the food business and the manner in which they are being contravened.

(4) A food safety auditor must indicate in a report of an assessment under subsection (1)—

(a) whether or not the food safety auditor is of the opinion that the food business is being carried on in compliance with the provisions of the Food Safety Standards, and

(b) any such provisions that the food safety auditor is of the opinion are being contravened in relation to the food business and the manner in which they are being contravened.

(5) A food safety auditor must report to the appropriate enforcement agency any contravention of this Act, the regulations relating to food safety programs, or the Food Safety Standards that comes to the food safety auditor’s attention in the course of carrying out an audit or assessment for the purposes of this Act—

(b) that will cause significant unsuitability of food intended for sale,

as soon as possible but in any event within 24 hours after the contravention comes to the food safety auditor’s attention.

(6) A food safety auditor must report in writing to the appropriate enforcement agency, giving reasons, if the food safety auditor considers that the priority classification of a food business that has been audited by the food safety auditor should be changed.

(7) A copy of a report provided to the appropriate enforcement agency in relation to an audit or assessment must be given to the proprietor of the food business concerned.

(1) In this section—

food safety program , in relation to a food business, means the food safety program (if any) required by the regulations to be prepared for the food business.

priority classification means a priority classification set out in the priority classification system referred to in section 93.

(2) A food safety auditor may determine that the audit frequency of a food safety program for a food business that has been audited by a food safety auditor be changed from the initial audit frequency applicable to a food business within the relevant priority classification to another audit frequency.

(3) The audit frequency to which the initial frequency may be changed must be within the range of audit frequencies appropriate for food businesses within that relevant priority classification.

(4) A food safety auditor must have regard to the following matters in making such a determination—

(a) the compliance history of the food business concerned in relation to any requirements of the regulations regarding food safety programs and the requirements of the Food Safety Standards,

(b) the audit compliance history (if any) established before the commencement of this subsection.

(1) The Food Authority is to provide each food safety auditor with a certificate of authority as a food safety auditor.

(2) The certificate of authority—

(b) must give the name of the person to whom it is issued and bear a photograph of that person and the person’s signature, and

(c) must state the date, if any, on which it expires, and

(d) must specify any conditions to which the person’s approval is subject, and

(e) must bear the signature of the person by whom it is issued and state the capacity in which the person is acting in issuing the certificate.

(1) The Food Authority is to prepare and maintain a list of food safety auditors.

(2) The list is to be made publicly available and is to be revised at least annually.

(1) A person must not, without reasonable excuse, resist, obstruct or attempt to obstruct, a food safety auditor in the exercise of the food safety auditor’s functions under this Act.

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

(2) A person who impersonates a food safety auditor is guilty of an offence.

(3) A person must not threaten, intimidate or assault a food safety auditor in the exercise of the auditor’s functions under this Act.

(1) The proprietor of a food business must not conduct the food business unless the proprietor has given written notice, in the approved form, of the information specified in the Food Safety Standards that is to be notified to the appropriate enforcement agency before the business is conducted.

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

(2) Subsection (1) does not require the giving of a notice in relation to the conduct of a food business that is primary food production unless a food safety scheme provides that subsection (1) applies to the food business or to a class of food businesses that includes the food business concerned.

Section 21 (to the extent to which it requires notification of the information referred to in section 100) and section 100 do not apply to the following food businesses—

(a) any food business that is not required by the Food Safety Standards to notify that information, or

(b) any food business that is the subject of a licence or some other form of authorisation under this Act or under a law prescribed by the regulations.

(1) Each enforcement agency is to prepare and maintain a list of—

(b) each food business the subject of a licence granted by it under a food safety scheme.

(2) The list is to be revised at least annually.

(3) The list is to be made available for public inspection at an office of the relevant enforcement agency during ordinary business hours (whether in document or electronic form) or on the Internet.

(4) The Food Authority may charge a fee, determined by the Authority on a cost-recovery basis, for any such inspection of the list (other than inspection on the Internet).

(5) The Food Authority is to make copies of, or extracts from, the list available on request on payment of a reasonable copying fee determined by the Authority.

(1) The regulations may prescribe food safety schemes in relation to a type, class or description of food, food business or activity carried out in respect of food.

(2) In particular, the regulations prescribing a food safety scheme may make provision for or with respect to the following—

(b) prohibiting activities in relation to the handling or sale of food,

(c) without limiting the generality of paragraphs (a) and (b), regulating the temperatures at which food must be kept,

(d) the classification, marking or other identification of food,

(e) requiring the licensing of activities in relation to the handling or sale of food,

(f) requiring the licensing of any person, business, premises, vehicle or equipment in relation to the handling or sale of food,

(g) the imposition of conditions on licences,

(h) the suspension or cancellation of licences,

(i) appeals from, or reviews of, decisions made under the regulations in relation to licences or applications for the granting of licences,

(j) requiring the preparation, implementation, maintenance and monitoring of food safety programs for food businesses to ensure that the provisions of this Act and the regulations are complied with,

(k) the certification and auditing of programs referred to in paragraph (j),

(l) the manner of taking samples for the purposes of a food safety scheme,

(m) the methods of analysis to be observed when carrying out analyses for the purposes of a food safety scheme,

(n) establishing committees or other bodies with specified functions relating to the monitoring of a food safety scheme at a local level and the making of recommendations on the operation of a food safety scheme at that local level,

(o) providing for the funding of those committees or bodies by the Food Authority and the accounting by those committees or bodies of any money received from the Food Authority,

(p) the assessment of risks associated with the handling or sale of different types, classes or descriptions of food or the carrying out of different activities relating to food as part of the same business operation,

(q) requiring the preparation of plans in the event of the need for a recall of any food,

(r) requiring persons involved in the handling or sale of food to possess specified qualifications, skills, knowledge or expertise,

(s) designating the persons who are to be responsible for compliance with the obligations imposed by the regulations,

(t) requiring the giving of information, returns or notices to an enforcement agency,

(u) requiring the collection of licence fees and charges on behalf of an enforcement agency and the remission of any such fees or charges to the enforcement agency,

(v) the deduction of licence fees and other charges owed to an enforcement agency from amounts otherwise payable to the person liable for the fees or charges,

(w) the liability of persons with respect to amounts for licence fees or other charges collected on behalf of an enforcement agency,

(x) authorising the imposition of a levy under section 117C and providing for the amount of the levy, or the basis on which it is to be calculated, and for its recovery,

(y) establishing a method of consultation with the relevant industry or sector of industry for the purposes of the ongoing review of the operation of the food safety scheme,

(z) establishing consultative bodies for the purposes of paragraph (y) and providing for the membership and procedure of those bodies (including providing, where appropriate, for consumer representation on those bodies),

(aa) enabling an enforcement agency to undertake functions relating to the education and training of persons in safe food practices in respect of the type, class or description of food, food business or activity to which the food safety scheme relates,

(ab) without limiting paragraph (d), requiring the branding of sheep meat to identify whether it is lamb or hogget, regardless of whether the purpose of the requirement relates to the safety of meat for human consumption.

(3) Without limiting subsection (2) (g), the regulations may permit the imposition of conditions of the following kinds on licences issued under a food safety scheme—

(a) a condition prohibiting the passing on of costs related to licences, or other fees charged under this Act, to another person subject to licence or other fees under this Act,

(b) a condition requiring a person licensed under this Act to collect, on behalf of the relevant enforcement agency, licence fees or other charges payable by another person under this Act and to remit those fees or charges to the enforcement agency.

(4) For the purpose of preventing risks to the safety of food for human consumption, the regulations establishing a food safety scheme may extend to anything that is intended as food for animal consumption, or the carrying on of a business or any activity involving the handling or sale of anything that is intended as food for animal consumption.

(5) It is to be presumed, in the absence of evidence to the contrary, that a regulation relating to anything that is intended as food for animal consumption was made for the purpose referred to in subsection (4).

(6)–(10) (Repealed)

(1) The Minister is to ensure that consultation with the relevant industry or sector of industry is undertaken before the making of any regulation that establishes a food safety scheme.

(2) The provisions of section 5 (Regulatory impact statements) of the Subordinate Legislation Act 1989 apply to a regulation that establishes a food safety scheme in the same way as they apply to a principal statutory rule (within the meaning of that Act).

(3) In addition to any matters that are required to be included in a regulatory impact statement under the Subordinate Legislation Act 1989 , the following matters are to be included in such a statement prepared in relation to a proposed regulation establishing a food safety scheme—

(a) an assessment of food safety risks in the industry or sector of industry to which the food safety scheme relates in accordance with national and international standards for risk assessment,

(b) a statement of whether the food safety scheme is based on national standards or supplements national standards, and for those standards imposed by the food safety scheme that are not national standards, an explanation of why those standards are required,

(c) an explanation as to whether the food safety scheme is performance-based or prescriptive, or a combination of both, and the rationale for the approach adopted taking into account the assessed food safety risks in the relevant industry or sector of industry and the capacity of the people involved in that industry or sector of industry to deal adequately with those risks,

(d) an explanation of the scope of the food safety scheme, including the persons who have responsibilities under the scheme,

(e) an explanation of any agreements involving the Food Authority and other government agencies as to the regulation of the food, food business or activity carried out in respect of food to which the food safety scheme relates,

(f) if a food safety scheme includes a licensing scheme, an explanation of why the licensing scheme is necessary to ensure the safety of food,

(g) an assessment of any quality assurance scheme operating in the industry or sector of industry to which the food safety scheme relates, including an assessment of the extent to which the scheme satisfies the requirements of any relevant national standard.

(4) Consultation is taken to have been undertaken on a food safety scheme for the purposes of subsection (1) if notice of the proposed regulation establishing the food safety scheme has been published in accordance with section 5 (2) (a) of the Subordinate Legislation Act 1989 , consultation on the regulation has taken place in accordance with section 5 (2) (b) of that Act and comments and submissions received have been appropriately considered in accordance with section 5 (2) (c) of that Act.

(1) A person who handles or sells food in a manner that contravenes a provision of a food safety scheme is guilty of an offence.

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

(2) A person who carries on any food business or activity for which a licence is required by the regulations is guilty of an offence unless the person is the holder of such a licence.

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

(3) The holder of a licence granted under the regulations who contravenes or fails to comply with a condition of the licence is guilty of an offence.

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

(4) The proprietor of a food business must ensure that any requirement imposed by a food safety scheme in relation to the preparation, implementation, maintenance, monitoring, certification or auditing of a food safety program for the food business is complied with.

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

(5) The proprietor of a food business must ensure that any food safety program required to be prepared by a food safety scheme in relation to the food business is audited at least as frequently as is determined under section 93 (1), or as redetermined under section 96, in relation to the food business.

Maximum penalty—500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

An offence against subsection (1)–(4) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.

(1) The Food Authority is to ensure that consultation on the following matters is undertaken with the relevant industry or sector of industry to which a food safety scheme relates and that such consultation is undertaken in accordance with the provisions of the food safety scheme—

(b) any proposed amendment of a food safety scheme.

(2) The Minister may confer additional functions on any consultative body established by a food safety scheme relating to any or all of the following—

(a) the provision of advice to the Minister on matters relating to the relevant sector of industry the subject of the scheme,

(b) assisting in achieving industry support for the implementation of the scheme,

(c) assisting in promoting the safe handling of the types of food covered by the scheme.

In this Division—

(a) the transporting of food to which this Division applies to the location at which it is to be served, whether or not it is to be served by the food business, and

(b) the processing of the food, whether or not at the location to which it is transported,

but does not include a food business commonly known as a takeaway food business or home delivery food business or that sells the food from temporary premises.

potentially hazardous food means food that is required to be kept at more than or less than a particular temperature to minimise the growth of any pathogenic micro-organisms that may be present in the food or to prevent the formation of toxins in the food.

process , in relation to food, means to do anything to the food in order to prepare it for sale, including (but not limited to) chopping, cooking, drying, fermenting, heating, pasteurising, thawing or washing.

ready-to-eat food means food that is in a state in which it is ordinarily consumed, but does not include nuts in the shell or raw fruit or vegetables that are intended to be hulled, peeled or washed by the consumer.

temporary premises means premises comprising a tent or stall or the like from which food is sold by retail on an occasional basis only, such as for a fete, fair, market or other event.

This Division applies to food that—

(b) is potentially hazardous food, and

(c) is not packaged in a way that is prescribed by the regulations as prepackaged.

(1) For the purposes of this Act, a food safety supervisor for premises is a person who—

(a) holds a food safety supervisor certificate that has been issued within the immediately preceding period of 5 years, and

(b) does not hold the position of food safety supervisor for any other premises or for a mobile catering business, and

(c) has the authority to supervise other persons handling food at, or from, the premises and to ensure that the handling is done safely.

(2) For the purposes of this Act, a food safety supervisor for a mobile catering business is a person who—

(a) holds a food safety supervisor certificate that has been issued within the immediately preceding period of 5 years, and

(b) does not hold the position of food safety supervisor for any other such business or for the premises of any other food business, and

(c) has the authority to supervise other persons handling food in the course of the carrying on of the business and to ensure that the handling is done safely.

(3) A food safety supervisor certificate is a certificate stating that the person to whom it is issued is qualified to hold the position of a food safety supervisor for the purposes of this Act and that has been issued in accordance with the regulations by an approved training organisation or by another person or body prescribed by the regulations.

(4) The regulations may make provision for or with respect to the issuing of food safety supervisor certificates, including the qualifications that a person must have to be issued with a food safety supervisor certificate.

(5) Without limiting subsection (4), any such regulation may provide for the Food Authority to determine those qualifications or any aspect of those qualifications.

(6) In making a determination in relation to qualifications, the Food Authority is to be satisfied that a person holding those qualifications will know how to recognise, prevent and alleviate the hazards associated with the handling of food.

(7) Nothing in this Division prevents—

(a) the proprietor of a food business from holding the position of food safety supervisor for premises so long as the proprietor complies with the requirements of subsection (1), or

(b) the proprietor of a mobile catering business from holding the position of food safety supervisor for the business so long as the proprietor complies with the requirements of subsection (2), or

(c) more than one person holding the position of food safety supervisor in respect of particular premises or a mobile catering business.

(1) The proprietor of a food business must ensure that before any food to which this Division applies is processed and sold by retail on premises in the course of carrying on the business at least one food safety supervisor has been appointed for the premises.

(2) The proprietor of a food business must ensure that at all times at which food to which this Division applies is processed and sold by retail on premises in the course of carrying on the food business there continues to be at least one person appointed as food safety supervisor for the premises.

(3) It is a defence to a prosecution for an offence against subsection (2) if the proprietor of the food business concerned establishes that—

(a) a person had been appointed as food safety supervisor for the relevant premises but had ceased to be appointed as food safety supervisor, and

(b) after that person had ceased to be so appointed and before the appointment (if any) of another person as food safety supervisor for the premises, food to which this Division applies was processed and sold by retail on the premises on not more than 30 days (whether or not consecutive).

(4) This section does not apply to a food business that is a mobile catering business.

Maximum penalty—50 penalty units in the case of an individual and 100 penalty units in the case of a corporation.

(1) The proprietor of a mobile catering business must ensure that before food to which this Division applies is processed in the course of the business at least one food safety supervisor has been appointed for the business.

(2) The proprietor of a mobile catering business must ensure that at all times at which food to which this Division applies is processed in the course of carrying on the business there continues to be at least one person appointed as food safety supervisor for the business.

(3) It is a defence to a prosecution for an offence against subsection (2) if the proprietor of the mobile catering business concerned establishes that—

(a) a person had been appointed as food safety supervisor for the business but had ceased to be appointed as food safety supervisor, and

(b) after that person had ceased to be so appointed and before the appointment (if any) of another person as food safety supervisor for the business, food to which this Division applies was processed in the course of the business on not more than 30 days (whether or not consecutive).

Maximum penalty—50 penalty units in the case of an individual and 100 penalty units in the case of a corporation.

(1) If a person is appointed for the purposes of this Division as food safety supervisor for premises on which food to which this Division applies is processed and sold by retail in the course of carrying on a food business, the proprietor of the food business must ensure that a copy of the person’s food safety supervisor certificate is kept on the premises and is produced for inspection on request by an authorised officer.

(2) If a person is appointed for the purposes of this Division as food safety supervisor for a mobile catering business, the proprietor of the business must ensure that a copy of the person’s food safety supervisor certificate is kept at the proprietor’s business address and is produced for inspection on request by an authorised officer.

Maximum penalty—25 penalty units in the case of an individual and 50 penalty units in the case of a corporation.

(1) The Food Authority may approve a registered training organisation (within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth) for the purposes of issuing food safety supervisor certificates.

(2) Regulations may be made for or with respect to approvals granted under this section.

(3) Without limiting subsection (2), the regulations may make provision for or with respect to the following—