(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);
premises includes— (a) land (whether or not vacant); and (b) the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); and (c) a pontoon; and (d) a vehicle (other than a food transport vehicle while it is engaged in the transport of food); prepare includes manufacture, process and treat; prescribed means prescribed by this Act, the regulations or a prescribed food standard; prescribed food standard has the meaning given by section 63A; primary food production has the meaning given by section 4C; S. 4(1) def. of primary production and processing standard inserted by No. 60/2012 s. 47(5). primary production and processing standard means a standard contained in Chapter 4 of the Food Standards Code; S. 4(1) def. of PrimeSafe inserted by No. 60/2012 s. 47(5). PrimeSafe means the Authority established under Part 6 of the Meat Industry Act 1993; S. 4(1) def. of principal premises inserted by No. 42/2009 s. 43(b). principal premises, of a food business, has the meaning given by section 43D;
S. 17E(3)(b) amended by No. 68/2009 s. 97(Sch. item 59.1). (b) in the case of an accused that is a body corporate, a director, employee or agent of the accused. (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, the person complied with a food safety program for the food business; 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 was based on Australian national or international standards, codes or guidelines designed for that purpose; and (ii) documented in some manner. S. 17F inserted by No. 14/2001 s. 8, amended by No. 68/2009 s. 97(Sch. item 59.2). 17F Defence of mistaken and reasonable belief not available In any proceedings for an offence under Division 2, it is no defence that the accused had a mistaken but reasonable belief as to the facts that constituted the offence. S. 17G inserted by No. 14/2001 s. 8. 17G Defence in respect of handling food In any proceedings for an offence under section 8, 8A, 11(1) or 12(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. S. 17H inserted by No. 14/2001 s. 8. 17H Defence in respect of sale of unfit equipment or packaging or labelling material In any proceedings for an offence under section 15(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. Pt 2A (Headings and ss inserted by No. 2/2017 s. 4. Division 1—Definitions New s. 18 inserted by No. 2/2017 s. 4. 18 Definitions For the purposes of this Part— chain food premises has the meaning given in section 18A; chain supermarket has the meaning given in section 18B; floor area in relation to a supermarket premises means the continuous internal floor area of the supermarket premises that is used to display items available for sale to consumers and excludes any part of the floor area available for the consumption of food at the supermarket premises; food label in relation to a standard food item means, irrespective of whether or not the standard food item is listed on a menu—
(a) the person carrying on a supermarket business at the chain supermarket; or (b) if the person referred to in paragraph (a) cannot be identified, the person in charge of the chain supermarket; ready-to-eat food means food that is for sale in a state in which it is ordinarily consumed; standard food item has the meaning given in section 18C; supermarket business means a food business which involves the sale of all of the following items of food— (a) bread; (b) breakfast cereal; (c) butter; (d) eggs; (e) flour; (f) fresh fruit; (g) fresh milk; (h) fresh vegetables; (i) meat; (j) rice; (k) sugar; (l) food (other than any item of food that is referred to in any preceding paragraph in this definition) that is in a package; supermarket premises means a food premises at which a supermarket business operates, other than those parts of the food premises that are a chain food premises.
(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.
(a) make an analysis of any article submitted to him pursuant to this Act for analysis or supervise the analysis of the article by any other person; S. 31(b) repealed by No. 11/1995 s. 3(2), new s. 31(b) inserted by No. 42/2009 s. 35. (b) if the article is a food sample submitted for analysis under section 32(1), include the result of the analysis in a report submitted in accordance with section 32(2); and (c) supply to the person submitting the article a certificate in the prescribed form setting out the result of the analysis; and (d) where any apparatus to be used or method to be observed has been prescribed—use that apparatus and observe that method accordingly and declare in his certificate that he has done so. S. 31A inserted by No. 42/2009 s. 36. 31A Interstate analysts (1) A natural person who has been authorised or approved under a corresponding law to carry out analyses for the purposes of that corresponding law (an interstate analyst) is taken to be authorised under section 30 to carry out analyses for the purposes of this Act subject to any conditions of the authorisation under the corresponding law. (2) However, an interstate analyst is not required to be included in the list of persons required to be maintained by the Secretary under section 30(6). (3) An analysis of an article by an interstate analyst is not an analysis for the purpose of this Act unless the interstate analyst—
(iii) any other food safety program, that, as a result of the most recent audit, the food safety program has been certified by a food safety auditor as meeting the requirements of section 19D for the premises; and (b) that any fee for the inspection or assessment of the premises that is due to the registration authority has been paid; and (c) that all the relevant requirements of this Act with respect to the premises have been complied with; and (d) that no other ground under Part IIIB for the refusal of the renewal of the registration applies to the food premises. (3) For the purposes of subsection (2), the registration authority may request copies of any audit reports for the premises. S. 38E inserted by No. 42/2009 s. 20. 38E Conditional registration (1) This section applies if— (a) in the case of an application for the registration or transfer of registration of a food premises— (i) the proprietor is required to provide to the registration authority a certificate stating that the food safety program for the premises meets the requirements of section 19D; and (ii) it is not possible to produce the certificate until after the business has commenced operating from the premises; or (b) in the case of an application for the renewal of registration of a food premises, the registration authority is satisfied that for
S. 40 amended by Nos 10262 s. 4, 95/1986 s. 14, 13/1994 s. 10(k)–(m), 20/1995 ss 14, 15(1), substituted by No. 98/1997 s. 10. 40 Certificates of registration S. 40(1) amended by No. 14/2001 s. 26(d)(i)(ii). (1) On registering a food premises under this Act, the registration authority must give the person in whose name the premises is to be registered a certificate of registration in the form required by the regulations. S. 40(1A) inserted by No. 42/2009 s. 22. (1A) A certificate of registration for a food premises issued under subsection (1) must specify the class of food premises declared under section 19C to which the premises belongs. S. 40(2) amended by No. 46/2008 s. 256 (as amended by No. 29/2011 s. 3(Sch. 1 item 75.3)). (2) If a food premises is required to be registered with the council by or under Part 6 of the Public Health and Wellbeing Act 2008, the council may, subject to the requirements of that Act applicable to registration being complied with, incorporate the certificate of registration under this section in one document with any certificate of registration to be issued under that Act. S. 40A inserted by No. 98/1997 s. 10, amended by No. 14/2001 s. 26(d)(i)(ii). 40A Certificates must be shown on demand A person in whose name a food premises is registered must produce the certificate of registration issued in respect of the premises for inspection, if asked to do so by an authorised officer. 10 penalty units. Note to s. 40A inserted by No. 13/2013 s. 24(10). Note Section 51A applies to an offence against this section.
S. 41A(2)(ab) inserted by No. 42/2009 s. 25. (ab) may vary according to the class of food premises declared under section 19C to which the premises belongs; and S. 41A(2)(ac) inserted by No. 42/2009 s. 25. (ac) may incorporate in whole or part, the costs associated with the assessment and inspection of the premises; and S. 41A(2)(ad) inserted by No. 42/2009 s. 52. (ad) in the case of a registration under Division 4, may vary according to the number and nature of temporary food premises, mobile food premises or food vending machines; and (b) must not exceed the amount (if any) for the time being fixed by the Governor in Council by Order published in the Government Gazette. 42 Appeal S. 42(1) amended by Nos 10262 s. 4, 16/1986 s. 30, 57/1989 s. 3(Sch. item 79.6), 13/1994 s. 10(t), 98/1997 s. 17(d), 14/2001 s. 26(h). (1) A person who is aggrieved by a decision of a registration authority refusing to grant an application for or for the renewal of the registration of any food premises under this Act or suspending or revoking any such registration may appeal to the Magistrates' Court within one month after receiving notification of the refusal, suspension or revocation. (2) Upon any appeal under subsection (1) the court shall— S. 42(2)(a) amended by Nos 10262 s. 4, 98/1997 s. 17(d). (a) reconsider the decision of the registration authority; and S. 42(2)(b) amended by Nos 10262 s. 4, 98/1997 s. 17(d). (b) hear any relevant evidence tendered whether by the person aggrieved or by the registration authority.
S. 43I inserted by No. 42/2009 s. 53. 43I Statement of trade (1) The proprietor of a food business must not allow the business to operate from a temporary food premises, mobile food premises or food vending machine unless a statement of trade has been lodged in accordance with this section with the council of the municipal district in which the premises or machine is being operated. 60 penalty units. Note to s. 43I(1) inserted by No. 13/2013 s. 24(4). Note Section 51B applies to an offence against this subsection. (2) Subsection (1) does not apply to a proprietor who— (a) is exempt by a declaration under section 43H from the requirement to lodge a statement of trade in respect of the temporary food premises, mobile food premises or food vending machine; or (b) has been permitted under section 35A(3) or 35A(4) to register the temporary food premises, mobile food premises or food vending machine under Division 3 or notify its operation under Division 2. (3) A statement of trade must be lodged with the principal council and the council of each municipal district in which the proprietor intends to operate— (a) within the time specified in the declaration the Secretary under section 43H; or (b) if a time has not been specified in the declaration, no later than 5 days before the intended commencement of operation in that municipal district.
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; (viii) preventing or minimizing the spread of disease; S. 63(1)(h)(ix) amended by No. 14/2001 s. 32(b). (ix) the provision and use of equipment, fittings or fixtures; S. 63(1)(h)(x) amended by Nos 10262 s. 4, 98/1997 s. 16(a), 14/2001 s. 32(b). (x) prescribing standards for equipment, fittings or fixtures and requiring equipment, fittings or fixtures of specified kinds to be approved by the Secretary and specifying the procedure for obtaining such approval; S. 63(1)(h)(xi) amended by Nos 98/1997 s. 18(1)(g), 14/2001 s. 32(b). (xi) the inspection and testing of equipment, fittings or fixtures and the inspection of premises or other places or vehicles in, at, on or from which any food is sold or handled for sale;
Column 1 Item Column 2 Offence Column 3 Penalty Column 4 Summary of offence 2 An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 3.2.3 of the Food Standards Code— 4(2), 5(a), 6(a), 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) 5 penalty units for a natural person; 10 penalty units for a body corporate Failure to comply with requirement of Food Standards Code relating to food premises or equipment 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 3A An offence against section 18D(1) 2 penalty units for a natural person; 4 penalty units for a body corporate Chain food premises—failure 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 An offence 2 penalty units for Failure to keep
against section 19CB(6) a natural person; 3 penalty units for a body corporate 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 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 against section 43I(1) 2 penalty units for a natural person; 4 penalty units for a body corporate Failure to lodge a statement of trade Sch. 2 inserted by No. 95/1986 s. 23(2), repealed by No. 36/1991 s. 4(i). * * * * *