New South Wales Consolidated Acts

FOOD ACT 2003 - SECT 95

95 Reporting requirements

(1) A food safety auditor must report in writing to the appropriate enforcement agency the results of any audit or assessment carried out by the food safety auditor for the purposes of this Act.

(2) A report under subsection (1) must:

(a) be in the prescribed form, and

(b) be submitted to the appropriate enforcement agency within 21 days after the completion of the audit or assessment, and

(c) take account of any action taken before the submission of the report to remedy any deficiency identified by the food safety auditor.

(3) A food safety auditor must indicate in a report of an audit under subsection (1):

(a) whether or not the food safety auditor is of the opinion that the food business is being carried on in compliance with the requirements of the regulations relating to food safety programs, and

(b) any such requirements that the food safety auditor is of the opinion are being contravened in relation to the food business and the manner in which they are being contravened.

(4) A food safety auditor must indicate in a report of an assessment under subsection (1):

(a) whether or not the food safety auditor is of the opinion that the food business is being carried on in compliance with the provisions of the Food Safety Standards, and

(b) any such provisions that the food safety auditor is of the opinion are being contravened in relation to the food business and the manner in which they are being contravened.

(5) A food safety auditor must report to the appropriate enforcement agency any contravention of this Act, the regulations relating to food safety programs, or the Food Safety Standards that comes to the food safety auditor’s attention in the course of carrying out an audit or assessment for the purposes of this Act:

(a) that is an imminent and serious risk to the safety of food intended for sale, or

(b) that will cause significant unsuitability of food intended for sale,

as soon as possible but in any event within 24 hours after the contravention comes to the food safety auditor’s attention.

(6) A food safety auditor must report in writing to the appropriate enforcement agency, giving reasons, if the food safety auditor considers that the priority classification of a food business that has been audited by the food safety auditor should be changed.

(7) A copy of a report provided to the appropriate enforcement agency in relation to an audit or assessment must be given to the proprietor of the food business concerned.