South Australian Consolidated Acts

FOOD ACT 2001 - SECT 46

46—Prohibition order

        (1)         If a relevant authority or the head of an enforcement agency believes, on reasonable grounds—

            (a)         that any of the circumstances specified in section 43 exist; and

            (b)         that—

                  (i)         the proprietor of a food business has not complied with an improvement notice within the time required for compliance; or

                  (ii)         the issue of the order is necessary to prevent or mitigate a serious danger to public health,

the relevant authority or the head of the enforcement agency may serve a prohibition order on the proprietor of the food business in accordance with this Part.

        (2)         A prohibition order is to take the form of an order that—

            (a)         no food intended for sale is to be handled on specified premises or a specified part of specified premises; or

            (b)         no food intended for sale is to be conveyed in a specified vehicle; or

            (c)         specified equipment is not to be used in connection with food intended for sale; or

            (d)         no food intended for sale is to be handled by a food business in a specified way or for a specified purpose; or

            (e)         prohibits other action being taken,

until the proprietor of the food business has been given a certificate of clearance stating that the premises, part of the premises, vehicle or equipment may be used for the handling or conveyance of food intended for sale, or for use in connection with such food, or that the food may be handled in the specified way or for the specified purpose, as the case may be.

        (3)         A prohibition order may include ancillary or incidental directions.

        (4)         A prohibition order is to state that it is issued under this section.

        (5)         The relevant authority or person that made the order must give a certificate of clearance if, after an inspection of the premises, part of the premises, vehicle or equipment, or the way of handling food, specified in the prohibition order, the relevant authority or person finds, by the relevant authority's or person's own inspection or the report of an authorised officer, that—

            (a)         the premises, part of the premises, vehicle or equipment, or the handling of food by the food business in the specified way or for the specified purpose, is not a serious danger to public health; and

            (b)         the person on whom the prohibition order was served has complied with the prohibition order and any improvement notices served on the person.