Document ID: chunk:federal_register_of_legislation:F2023C00751:front:0:p10
Version: federal_register_of_legislation:F2023C00751
Segment Type: other
Provision Reference: 
Character Range: 22193–24811

into contact; and
(ii) does not permit the transmission of infectious disease.

21 Maintenance

(1) A food business must maintain food premises and all fixtures, fittings and equipment, having regard to their use, and those parts of vehicles that are used to transport food, and other items provided by the business to purchasers to transport food, in a good state of repair and working order having regard to their use.

(2) A food business must not use any chipped, broken or cracked eating or drinking utensils for handling food.

Division 6 – Miscellaneous

22 Temperature measuring devices

A food business must, at food premises where potentially hazardous food is handled, have a temperature measuring device that –

(a) is readily accessible; and
(b) can accurately measure the temperature of potentially hazardous food to +/- 1ºC.

23 Single use items

A food business must –

(a) in relation to all single use items, take all practicable measures to ensure they do not come into contact with food or the mouth of a person if they are –

(i) contaminated; or
(ii) reasonably suspected of being contaminated; and

(b) in relation to single use items that are intended to come into contact with food or the mouth of a person –

(i) take all practicable measures to protect them from the likelihood of contamination until use; and
(ii) not reuse such items.

24 Animals and pests

(1) A food business must –

(a) subject to subclauses (2) and (3), not permit live animals in areas in which food is handled, other than seafood or other fish or shellfish; and
(b) take all practicable measures to prevent pests entering the food premises; and
(c) take all practicable measures to eradicate and prevent the harbourage of pests on the food premises and those parts of vehicles that are used to transport food.

(2) A food business must permit an assistance animal in areas used by customers.

(3) A food business may permit a dog that is not an assistance animal to be present in an outdoor dining area.

(4) In this clause –

assistance animal means an animal referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.

enclosed area means an area that, except for doorways and passageways, is substantially or completely closed, whether permanently or temporarily, by –

(a) a ceiling or roof; and
(b) walls or windows or both walls and windows.

outdoor dining area means an area that –

(a) is used for dining, drinking or both drinking and dining; and
(b)  is not used for the preparation of food; and
(c) is not an enclosed area; and
(d) can be entered by the public without