Australian Capital Territory Consolidated Acts

FOOD ACT 2001 - SECT 79

An authorised officer may serve an improvement notice on the proprietor of a food business if the authorised officer believes, on reasonable grounds, that—

        (a)     premises or equipment used by the food business in relation to the handling of food intended for sale or the sale of food 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)     this Act (including the food standards code) has been, is being or will be contravened by the food business in relation to the handling of food intended for sale or the sale of food; or

        (c)     a relevant food safety program prepared under a regulation is not being carried out adequately by the food business in relation to premises or equipment used in relation to the handling of food intended for sale or the sale of food.

Examples of par (b)

1     The food business's premises or equipment do not comply with the food safety standards.

2     The food standards code is being contravened on premises used by the food business in relation to the handling of food intended for sale or the sale of food.

Note 1     The dictionary defines premises as including land and a vehicle.

Note 2     For how documents may be served, see the Legislation Act, pt 19.5.

Note 3     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104).

Note 4     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).