(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),
(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).