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TASMANIA
__________
FOOD AMENDMENT BILL 2008
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 4 amended (Interpretation)
5. Part 6A inserted
PART 6A Auditing
Division 1 Approval of food safety auditors
83A. Approval of food safety auditors
83B. Term of approval
83C. Food safety auditor to give notice of certain interests
83D. Variation of conditions, or suspension or
cancellation, of approval of food safety auditor
83E. Review of decisions relating to approvals
Division 2 Auditing and reporting requirements
83F. Interpretation
83G. Food safety programs and auditing requirements
83H. Priority classification system and frequency of
auditing
83I. Duties of food safety auditors
83J. Reporting requirements
83K. Redetermination of frequency of auditing
83L. Certificates of authority of food safety auditors
83M. List of food safety auditors to be maintained
83N. Obstructing or impersonating food safety auditors
[Bill 49]-IX
2
FOOD AMENDMENT BILL 2008
(Brought in by the Minister for Health and Human Services,
the Honourable Larissa Tahireh Giddings)
A BILL FOR
An Act to amend the Food Act 2003
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Food Amendment
Act 2008.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Food Act 2003* is referred to as
the Principal Act.
*No. 8 of 2003
[Bill 49] 3
Food Amendment Act 2008
Act No. of
s. 4
4. Section 4 amended (Interpretation)
Section 4(1) of the Principal Act is amended by
inserting after the definition of "food business"
the following definition:
"food safety auditor" means a person
approved under Division 1 of Part 6A;
5. Part 6A inserted
After section 83 of the Principal Act, the
following Part is inserted:
PART 6A AUDITING
Division 1 Approval of food safety auditors
83A. Approval of food safety auditors
(1) The Director of Public Health may
approve a natural person to be a food
safety auditor for the purposes of this Act
if the Director is satisfied that the person
is competent to carry out the functions of
a food safety auditor having regard to
(a) the person's technical skills and
experience; and
(b) any approved guidelines relating
to competency criteria.
(2) A natural person may make an
application, in the approved form, to the
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Food Amendment Act 2008
Act No. of
s. 5
Director of Public Health for approval
under this Part.
(3) The application is to be accompanied
by
(a) such information as the Director
of Public Health requires to
determine the application; and
(b) the fee, if any, prescribed by the
regulations.
(4) The Director of Public Health may, after
considering an application for approval
(a) grant the application with or
without conditions; or
(b) refuse the application.
(5) If the Director of Public Health grants an
application for approval, he or she must
issue the applicant with a written
approval that sets out any conditions to
which the approval is subject.
(6) If the Director of Public Health refuses
an application for approval, he or she
must give notice of the refusal in writing
to the applicant setting out the reasons
for the refusal.
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Food Amendment Act 2008
Act No. of
s. 5
83B. Term of approval
Except during any period of suspension,
an approval granted under this Part
remains in force for the period specified
in the approval unless sooner cancelled.
83C. Food safety auditor to give notice of certain
interests
(1) A food safety auditor must notify the
Director of Public Health of any direct or
indirect interest in any food business that
the food safety auditor has as soon as
possible after becoming aware of that
interest.
Penalty: Fine not exceeding 50 penalty
units.
(2) Payment to a food safety auditor for
carrying out the functions of a food
safety auditor does not constitute a direct
or indirect interest in a food business for
the purposes of subsection (1).
83D. Variation of conditions, or suspension or
cancellation, of approval of food safety
auditor
(1) The Director of Public Health may vary
the conditions of, or suspend or cancel,
an approval under this Part.
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Food Amendment Act 2008
Act No. of
s. 5
(2) An approval of a person may be
suspended or cancelled on one or more of
the following grounds:
(a) if the Director of Public Health is
satisfied that the person has
wilfully or negligently
contravened any provision of this
Act;
(b) if the Director of Public Health is
satisfied that the person has
contravened a condition to which
the approval is subject;
(c) if the Director of Public Health is
satisfied that the person has not
competently carried out any duty
of a food safety auditor under this
Act;
(d) if the Director of Public Health is
satisfied that the person has a
direct or indirect interest in any
food business that, in the opinion
of the Director, could affect the
performance of the person's
duties as a food safety auditor
under this Act;
(e) at the request of the person;
(f) for any other reason that the
Director of Public Health
considers appropriate.
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Food Amendment Act 2008
Act No. of
s. 5
(3) Payment to a food safety auditor for
performing the duties of a food safety
auditor does not constitute a direct or
indirect interest in a food business for the
purposes of subsection (2)(d).
(4) The Director of Public Health may only
vary the conditions of, or suspend or
cancel, the approval of a person
(a) after having given the person
(i) written reasons for the
Director's intention to
vary, suspend or cancel;
and
(ii) an opportunity to make
submissions; and
(b) after having considered any
submissions made by the person.
(5) Subsection (4) does not apply to the
cancellation of an approval at the request
of the person to whom the approval
relates.
(6) A variation of the conditions of, or the
suspension or cancellation of, the
approval of a person under this Part
(a) must be by notice in writing; and
(b) must be served on the person to
whom the approval relates; and
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Food Amendment Act 2008
Act No. of
s. 5
(c) takes effect on the day on which
the notice is served or on a later
day specified in the notice.
83E. Review of decisions relating to approvals
(1) A person aggrieved by a decision of the
Director of Public Health relating to any
of the following may apply to the
appropriate review body for a review of
the decision:
(a) the grant or refusal of an
application for an approval under
this Part;
(b) the imposition of conditions on
an approval;
(c) the variation of conditions of an
approval;
(d) the suspension or cancellation of
an approval.
(2) A person aggrieved by a decision relating
to any of the following may apply to the
Director of Public Health for a review of
the decision if the decision was made by
a body acting under a delegation given
by the Director:
(a) the grant or refusal of an
application for an approval under
this Part;
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Food Amendment Act 2008
Act No. of
s. 5
(b) the imposition of conditions on
an approval;
(c) the variation of conditions of an
approval;
(d) the suspension or cancellation of
an approval.
(3) An application under this section may
only be made within 28 days after service
of
(a) the written approval or notice of
refusal under section 83A; or
(b) the notice of the variation,
suspension or cancellation under
section 83D.
Division 2 Auditing and reporting requirements
83F. Interpretation
In this Division
"appropriate authority", in relation
to a food business, means the
Director of Public Health or the
council of the municipal area in
which the food business is
located.
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Act No. of
s. 5
83G. Food safety programs and auditing
requirements
(1) The proprietor of a food business must
ensure that any requirement imposed by
the regulations in relation to the
preparation, implementation,
maintenance or monitoring of a food
safety program for the food business is
complied with.
Penalty: In the case of
(a) a body corporate, a fine
not exceeding 2 500
penalty units; or
(b) an individual, a fine not
exceeding 500 penalty
units.
(2) The proprietor of a food business must
ensure that any food safety program
required by the regulations to be
prepared in relation to the food business
is audited at least as frequently as is
determined under section 83H(1), or as
redetermined under section 83K, in
relation to the food business.
Penalty: In the case of
(a) a body corporate, a fine
not exceeding 2 500
penalty units; or
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Act No. of
s. 5
(b) an individual, a fine not
exceeding 500 penalty
units.
83H. Priority classification system and frequency
of auditing
(1) The appropriate authority must
determine
(a) the priority classification of
individual food businesses for the
purposes of the application of any
requirements of the regulations
relating to food safety programs;
and
(b) the frequency of auditing of any
food safety programs required by
the regulations to be prepared in
relation to the food businesses.
(2) The determination must be made having
regard to an approved priority
classification system for types of food
businesses.
(3) The appropriate authority must provide
written notification to the proprietor of a
food business of
(a) the priority classification it has
determined for the food business;
and
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Food Amendment Act 2008
Act No. of
s. 5
(b) the frequency of auditing of any
food safety programs required by
the regulations to be prepared in
relation to the food business; and
(c) the date by which the food
business must have implemented
any food safety program required
by the regulations to be prepared
in relation to the food business.
(4) The appropriate authority may change
the priority classification of an individual
food business if the appropriate authority
believes that the classification is
inappropriate for any reason, including as
a result of changes made to the conduct
of the food business.
(5) The appropriate authority must provide
written notification to the proprietor of a
food business of any change in priority
classification of the food business under
subsection (4).
83I. Duties of food safety auditors
A food safety auditor has the following
duties:
(a) to carry out audits of any food
safety programs required by the
regulations to be prepared in
relation to food businesses having
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Food Amendment Act 2008
Act No. of
s. 5
regard to the requirements of the
regulations;
(b) to carry out any necessary follow-
up action, including further
audits, if necessary, to check if
action has been taken to remedy
any deficiencies of any such food
safety program identified in an
audit;
(c) to carry out assessments of food
businesses to ascertain their
compliance with requirements of
the Food Safety Standards;
(d) to report in accordance with
section 83J.
83J. Reporting requirements
(1) A food safety auditor must report in
writing to the appropriate authority 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 approved form; and
(b) be submitted to the appropriate
authority within 21 days after the
completion of the audit or
assessment; and
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Food Amendment Act 2008
Act No. of
s. 5
(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
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Act No. of
s. 5
to the food business and the
manner in which they are being
contravened.
(5) A food safety auditor must report 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 authority,
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 food safety auditor must give a copy of
a report provided to the appropriate
authority in relation to an audit or
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Act No. of
s. 5
assessment to the proprietor of the food
business concerned.
83K. Redetermination of frequency of auditing
(1) A food safety auditor may determine that
the audit frequency of a food safety
program required by the regulations to be
prepared for a food business that has
been audited by a food safety auditor be
changed from the initial audit frequency
applicable to a food business within the
relevant priority classification to another
audit frequency within the range of audit
frequencies appropriate for food
businesses within that priority
classification, as set out in the priority
classification system referred to in
section 83H.
(2) A food safety auditor must have regard to
the following matters in making such a
determination:
(a) the compliance history of the
food business concerned in
relation to the requirements of the
regulations regarding food safety
programs and the requirements of
the Food Safety Standards;
(b) the audit compliance history (if
any) established before the
commencement of the Food
Safety Standards.
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Act No. of
s. 5
(3) A food safety auditor must advise the
proprietor of the food business concerned
of a redetermination made under
subsection (1).
83L. Certificates of authority of food safety
auditors
(1) The Director of Public Health is to
provide each food safety auditor with a
certificate of authority as a food safety
auditor.
(2) The certificate of authority must
(a) state that it is issued under this
Act; and
(b) give the name of the person to
whom it is issued and bear a
photograph of that person and the
person's signature; and
(c) state the date, if any, on which it
expires; and
(d) specify any conditions to which
the person's approval is subject;
and
(e) bear the signature of the person
by whom it is issued and state the
capacity in which the person is
acting in issuing the certificate.
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Act No. of
s. 5
83M. List of food safety auditors to be maintained
(1) The Director of Public Health is to
prepare and maintain a list of food safety
auditors.
(2) The list is to be made publicly available
and is to be revised at least annually.
83N. Obstructing or impersonating food safety
auditors
(1) A person must not, without reasonable
excuse, resist, obstruct or attempt to
obstruct a food safety auditor in the
exercise of the food safety auditor's
functions under this Act.
Penalty: In the case of
(a) a body corporate, a fine
not exceeding 2 500
penalty units; or
(b) an individual, a fine not
exceeding 500 penalty
units.
(2) A person must not impersonate a food
safety auditor.
Penalty: Fine not exceeding 500 penalty
units.
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Act No. of
s. 5
(3) A person must not assault a food safety
auditor in the exercise of the food safety
auditor's functions under this Act.
Penalty: Fine not exceeding 500 penalty
units.
20 Government Printer, Tasmania