(f) a person to whom, under section 19 of the Public Health and Wellbeing Act 2008, the Secretary delegates any of the functions or powers of an authorized officer under this Act; books includes any register or other record of information and accounts or financial records (within the meaning of the Corporations Act), however compiled, recorded or stored, and also includes any document; S. 4(1) def. of chief executive officer inserted by No. 42/2009 s. 3(g). chief executive officer, of a council, means the person appointed by the council to be its chief executive officer or any person acting in that position; S. 4(1) def. of component inserted by No. 42/2009 s. 43(b). component, of a food business, means any of the following operated by the business— (a) a fixed food premises; (b) a temporary food premises; (c) a mobile food premises; (d) a food vending machine; corresponding law means a law of another State or a Territory which the Governor in Council by Order declares to be a law that makes provision substantially similar to a provision of this Act; council has the same meaning as in the Local Government Act 1989, and the council means the council of the municipal district to which the provision in which the term is used applies; S. 4(1) def. of declared authority inserted by No. 60/2012 s. 47(5). declared authority means a person or body declared under section 4I(1);
Food Safety Standards means the standards contained in Chapter 3 of the Food Standards Code; food safety supervisor has the meaning given by section 19G; Food Standards Code means the Australia New Zealand Food Standards Code as defined in the Food Authority Act 1991 of the Commonwealth; S. 4(1) def. of food transport vehicle amended by No. 42/2009 s. 43(a). food transport vehicle means a vehicle used for the transport of food for sale other than a water transport vehicle; food vending machine means a machine or mechanical device used or capable of being used for selling food without any intervention or attention by or on behalf of the seller at the time of the sale; S. 4(1) def. of handling amended by No. 60/2012 s. 47(3). handling, in relation to food, includes the making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food; Note Section 4C(3) clarifies that handling of food includes primary food production. hazard means a biological, chemical, radiological or physical agent or factor that may adversely affect the health of any person; 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;
Note to s. 16(1) inserted by No. 42/2009 s. 8. Note Under section 37, a person complies with the requirements of the Food Standards Code relating to notification if an application for the registration of a food premises is made, or notification of its operation is given, in accordance with Part VI. (2) A person must not sell any food that does not comply with any requirement of the Food Standards Code that relates to the food. $40 000 in the case of an individual and $200 000 in the case of a corporation. (3) A person must not sell or advertise any food that is packaged or labelled in a manner that contravenes a provision of the Food Standards Code. $40 000 in the case of an individual and $200 000 in the case of a corporation. (4) A person must not sell or advertise for sale any food in a manner that contravenes a provision of the Food Standards Code. $40 000 in the case of an individual and $200 000 in the case of a corporation. S. 16(5) inserted by No. 60/2012 s. 53. (5) A person does not contravene any provision of this section by reason only of failing to comply with an applicable requirement of the Food Standards Code if the person is exempted from compliance with that requirement by an order made under section 5(5). Note to s. 16 inserted by No. 13/2013 s. 24(5). Note Section 51B applies to an offence against subsection (1), (2), (3) or (4).
(i) to keep the minimum records required under Division 2; or (ii) to have a food safety program; (b) whether food premises of that class are required to have a food safety supervisor; (c) whether food premises of that class are exempt from the requirement under section 39 to be inspected annually. (3) In addition, for any declared class of food premises required to have a food safety program, the Secretary must specify— (a) the type of food safety program or types of food safety program that may be used for the premises; and (b) the requirements for the audit or assessment of the premises as provided in section 19H. (4) A declaration, or a variation to a declaration, under this section may only be made after the Secretary has complied with section 19CA. S. 19CA inserted by No. 42/2009 s. 13. 19CA Notice of intention to make or vary declaration of classes of food premises (1) If the Secretary intends to make or vary a declaration under section 19C, notice of the Secretary's intention must be published in— (a) the Government Gazette; and (b) a newspaper circulating generally in . (2) The notice must state— (a) the proposed declaration or variation to the declaration; and (b) that submissions may be made to the Secretary regarding the proposed declaration or variation within a period of at least 60 days specified in the notice; and
(b) may at any time be varied or revoked. S. 30(3) amended by No. 60/2012 s. 59(1). (3) A person who is directly or indirectly engaged in any trade connected with primary food production or the manufacture or sale of food shall not be authorized to carry out analyses for the purposes of this Act where his engagement in that trade would conflict with his duty as a person authorized to carry out analyses for the purposes of this Act. S. 30(4) amended by Nos 10262 s. 4, 98/1997 s. 16(a), 60/2012 s. 59(2). (4) A person authorized to carry out analyses for the purposes of this Act who is or becomes directly or indirectly engaged in any trade connected with primary food production or the manufacture or sale of food shall forthwith notify the Secretary in writing of that engagement and, upon receipt of that notification, the Secretary may revoke the authority given to that person under subsection (1). S. 30(5) amended by Nos 10262 s. 4, 98/1997 s. 16(a). (5) The Secretary shall, at the request of a person authorized to carry out analyses for the purposes of this Act, revoke the authority given to that person under subsection (1). S. 30(6) amended by Nos 10262 s. 4, 95/1986 s. 12(1), 98/1997 s. 16(a). (6) The Secretary shall maintain a list of persons authorized for the time being to carry out analyses for the purposes of this Act and shall make sure that a copy of the list is open for inspection by any person, and that copies of the list are available, at the principal office of the Department at all reasonable times. S. 30(6A) inserted by No. 95/1986 s. 12(2), amended by No. 98/1997 s. 16(a). (6A) The Secretary may charge any fee prescribed by the Governor in Council for providing a copy of the list or part of it to a person for that person's use.
S. 36 amended by Nos 10262 s. 4, 13/1994 s. 9(1)(2), 20/1995 ss 9(2), 13, 98/1997 ss 8, 16(a), substituted by Nos 14/2001 s. 22, 42/2009 s. 16. 36 Information required to be given to registration authority (1) Subject to subsection (2), the Secretary may, by notice in the Government Gazette, declare the information and documents that are required to be given to the registration authority by the proprietor of a food business— (a) when giving notification of the operation of a food premises under this Part; and (b) when applying for registration or transfer or renewal of registration of a food premises under this Part. (2) The Secretary may only declare information or documents that are relevant to the registration authority in— (a) determining to which class declared under section 19C the premises belongs; or (b) deciding whether the premises must be registered or notified; or (c) deciding whether or not to accept the notification or to register or transfer or renew the registration of the food premises, as the case may be. S. 37 amended by Nos 10262 s. 4, 13/1994 s. 10(b)(c), substituted by Nos 14/2001 s. 22, 42/2009 s. 16. 37 Notification requirement of Food Standards Code The proprietor of a food business is taken to have complied with the requirements of the Food Standards Code relating to notification for a food premises if the proprietor has— (a) applied for the registration of the food premises or notified the registration authority of an intention to operate the food premises; and
(d) on a stated day, or during a stated period, a registration— (i) was or was not in force; or (ii) was or was not subject to a stated condition; (e) on a stated day, or during a stated period, a registration was suspended; (f) on a stated day a registration was cancelled, varied, transferred or surrendered; (g) on a stated day, or during a stated period, an authorisation as an authorized officer or analyst was, or was not, in force for a stated person; (h) on a stated day, a stated person was given a stated order, notice or direction under this Act; (i) on a stated day, a stated requirement was made of a stated person; (j) a stated amount is payable under this Act by a stated person and has not been paid. S. 50AAB (Heading) amended by No. 2/2017 s. 16(11). S. 50AAB inserted by No. 60/2012 s. 63, amended by No. 2/2017 s. 16(12). 50AAB Evidentiary certificate signed by the Secretary DEDJTR or the chief executive officer of DFSV or PrimeSafe In any proceeding for an offence against this Act, a certificate signed by the Secretary DEDJTR, the chief executive officer of DFSV or the chief executive officer of PrimeSafe stating any of the following matters is evidence of the matter— (a) a stated document is one of the following things made, given or issued under this Act— (i) an appointment, authorisation, exemption, declaration or other decision;
(c) to do so would be contrary to any other law prohibiting the publication of certain information without the need for a court order. Example Section 534 of the Children, Youth and Families Act 2005. (2) An address of a food premises that is a private residence must not be included in the register unless the premises is open to the general public for the purpose of selling food. S. 53F(3) amended by No. 60/2014 s. 140(Sch. 3 item 19.1). (3) If the Secretary considers that the inclusion of an address in the register may raise privacy issues in circumstances that are not identified in subsections (1) and (2), the Secretary must consult the Commissioner for Privacy and Data Protection and take into account the advice given by the Commissioner for Privacy and Data Protection in deciding whether or not to include the address in the register. S. 53F(4) substituted by No. 60/2014 s. 140(Sch. 3 item 19.2). (4) In this section, Commissioner for Privacy and Data Protection means the Commissioner for Privacy and Data Protection appointed under the Privacy and Data Protection Act 2014. S. 53G inserted by No. 42/2009 s. 27. 53G Obtaining information for inclusion in the register (1) As soon as practicable after a person is convicted by a court for an offence under this Act or the regulations, the relevant council must provide to the Secretary— (a) a certified extract or other authenticated record of the decision of the court; (b) advice regarding the time allowed for an appeal against the conviction;
or maximum and minimum quantities and proportions that shall or may be added to, mixed with or used in the preparation of or present in food generally or food of a specified class or description; S. 63(1)(d) amended by Nos 98/1997 s. 18(1)(d), 14/2001 s. 32(a). (d) prohibiting the sale or the handling for sale of food generally or food of a specified class or description the use of any equipment containing a specified substance or a specified substance exceeding a prescribed quantity or proportion; (e) prescribing or prohibiting specified modes of preparation of food generally or food of a specified class or description; (f) prescribing the temperature at which or range of temperatures within which food generally or food of a specified class or description that is prepared, stored, displayed, exposed or conveyed for sale shall be kept; (g) prohibiting the sale of food generally or food of a specified class or description containing any micro-organism or a micro-organism of a specified kind or a micro-organism of a specified kind in excess of a specified number in a specified quantity; S. 63(1)(h) amended by No. 98/1997 s. 18(1)(d). (h) providing for and prescribing all matters and things for or with respect to securing the wholesomeness and purity of food and the conditions and practices in connexion with the sale or the handling for sale of any food and, without limiting the generality of the foregoing, for or with respect to—
S. 63(1)(h)(i) amended by Nos 98/1997 s. 18(1)(g), 14/2001 s. 32(b). (i) the cleanliness of premises or other places or vehicles in, at, on or from which any food is sold or handled for sale and fittings, fixtures or equipment in, at or on such premises or other places or vehicles; S. 63(1)(h)(ii) amended by No. 98/1997 s. 18(1)(g). (ii) the provision and proper use of satisfactory facilities for the protection of food in, at or on premises or other places or vehicles in, at, on or from which any food is sold or handled for sale; S. 63(1)(h)(iii) amended by Nos 98/1997 s. 18(1)(d), 14/2001 s. 32(b). (iii) the design and construction of premises or other places, vehicles, equipment, fittings or fixtures used for or in connexion with the sale or the handling for sale of any food; S. 63(1)(h)(iv) amended by No. 14/2001 s. 32(b). (iv) the prohibition or regulation of the use of specified materials or materials of a specified class in the manufacture of equipment, fittings or fixtures; S. 63(1)(h)(v) amended by Nos 98/1997 s. 18(1)(g), 14/2001 s. 32(b). (v) the clothing to be worn by persons attending equipment or in, at or on premises or other places or vehicles in, at, on or from which any food is sold or handled for sale; S. 63(1)(h)(vi) amended by Nos 10262 s. 4, 20/1995 s. 18, 98/1997 s. 16(a), 14/2001 s. 32(c)(i)(ii). (vi) requiring the proprietor of food premises, or his nominee approved by the Secretary, or any persons employed or engaged by that proprietor to handle unpackaged food at those premises, to attend such courses of instruction in the handling of food as are prescribed; (vii) the standards of cleanliness and hygiene to be maintained;
representations or designs of a similar or other specified nature; (o) prescribing the mode of storing or conveying for sale of food generally or food of a specified class or description; S. 63(1)(p) amended by Nos 10262 s. 4, 98/1997 ss 16(a), 18(1)(d), 14/2001 s. 32(e). (p) providing for premises or other places, vehicles, equipment, methods, processes, packages, seals or closures and sources of water used in connexion with the sale or the handling for sale of any food to be approved by the Secretary and making requirements to that effect; (q) prescribing methods of analysis to be observed in analyses under or for the purposes of this Act; (r) prescribing methods for obtaining samples for the purposes of this Act and dealing with samples so obtained; the rates of the payments to be made for samples obtained for the purposes of this Act; the number of samples to be so obtained in specified cases; S. 63(1)(s) amended by No. 14/2001 s. 32(f). (s) prescribing the books to be kept by the proprietor of any food premises or equipment; (t) requiring specified laboratory and testing facilities to be provided in, at or on premises or other places or vehicles where food is prepared for sale and prescribing procedures and facilities to be used for the examination of any food and notification to specified persons of the results of any such examination; (u) prescribing the qualifications of authorized officers and their powers, authorities, functions and duties;
6(b), 10(2)(a), 10(2)(b), 10(2)(c), 11(4)(a), 12(2)(b), 12(2)(c), 12(3), 12(4), 13, 14, 15(2) 3 An offence against section 17 2 penalty units for a natural person; 3 penalty units for a body corporate Failure by proprietor to display name on food premises 4 An offence against section 19CB(6) 2 penalty units for a natural person; 3 penalty units for a body corporate Failure to keep minimum records at premises 5 An offence against section 19F 2 penalty units for a natural person; 3 penalty units for a body corporate Failure to keep food safety program at premises 6 An offence against section 19GB 2 penalty units for a natural person; 3 penalty units for a body corporate Failure to give name and qualifications of food safety supervisor when requested Column 1 Item Column 2 Offence Column 3 Penalty Column 4 Summary of offence 7 An offence against section 35A(1) 5 penalty units for a natural person; 10 penalty units for a body corporate Operate from a food premises which is not registered 8 An offence against section 35A(2) 5 penalty units for a natural person; 10 penalty units for a body corporate Operate from a food premises exempt from requirement to be registered for which notification has not been given 9 An offence 2 penalty units for Failure to lodge a
10 Criminal liability of officers of bodies to exercise due diligence (legal burden of proof) After section 51B(2)(l) of the Principal Act insert— "(la) section 18D(1); (lb) section 18F(1);". 11 Court may order corrective advertising In section 53B of the Principal Act, for "Part 2" substitute "Part II or Part IIA". 12 Schedule 1—Infringements After item 3 of Schedule 1 to the Principal Act insert— "3A An offence against section 18D(1) 2 penalty units for a natural person; 4 penalty units for a body corporate Chain food to display kilojoule information 3B An offence against section 18F(1) 2 penalty units for a natural person; 4 penalty units for a body corporate Chain to display kilojoule information". 4 Explanatory details