FOOD ACT 2003 - SECT 78
Variation of conditions or suspension or cancellation of approval of laboratory
FOOD ACT 2003 - SECT 78
Variation of conditions or suspension or cancellation of approval of laboratory
78 Variation of conditions or suspension or cancellation of approval of
laboratory
(1) The Food Authority may vary the conditions of, or suspend or cancel, the
approval of a laboratory under this Division.
(2) An approval of a laboratory
may be suspended or cancelled on one or more of the following grounds--
(a) if
the Food Authority is satisfied that a person providing services at the
laboratory has wilfully or negligently contravened or failed to comply with
any provision of this Act or the regulations,
(b) if the Food Authority is
satisfied that a person providing services at the laboratory has contravened a
condition to which the approval is subject,
(c) if the Food Authority is
satisfied that a person in charge of, concerned in the management of or
employed by, the laboratory has a direct or indirect interest in any
food business that, in the opinion of the Food Authority, could affect the
carrying out of the laboratory's functions under this Act,
(d) at the request
of the person in charge of the laboratory,
(e) for any other reason that the
Food Authority considers appropriate.
(3) The Food Authority may only vary
the conditions of, or suspend or cancel, the approval of a laboratory--
(a)
after having given the person in charge of the laboratory--
(i) written
reasons of its intention to vary, suspend or cancel, and
(ii) an opportunity
to make submissions, and
(b) after having considered any submissions duly
made by the person.
(4) Subsection (3) does not apply to the cancellation of
an approval at the request of the person in charge of the laboratory.
(5) A
variation of the conditions of, or the suspension or cancellation of, the
approval of a laboratory--
(a) must be made by notice in writing, and
(b)
must be served on the person in charge of the laboratory, and
(c) takes
effect at the time at which the notice is served or at a later time specified
in the notice.