FOOD ACT 1984 - SECT 19 Orders relating to food premises

FOOD ACT 1984 - SECT 19

    (1)     This section applies if the relevant authority is satisfied from the report of an authorized officer that—

        (a)     a food premises is in an unclean or unsanitary condition or in a state of disrepair; or

        (b)     food being prepared, sold or otherwise handled at a food premises is unsafe or unsuitable; or

        (c)     food is prepared, sold or otherwise handled at a food premises in a manner that makes it likely the food is unsafe or unsuitable.

    (2)     The relevant authority may by written order direct that, within a specified time, either or both of the following things must be done—

        (a)     the food premises must be put into a clean and sanitary condition or be altered or improved to the satisfaction of an authorized officer;

        (b)     specified steps must be taken to ensure that food prepared, sold or otherwise handled at the food premises is safe and suitable.

    (3)     The relevant authority may in an order made under subsection (2) or in a subsequent written order direct that until the matters referred to in subsection (2) are complied with—

        (a)     the food premises must not be kept or used for the sale, or the handling for sale, of any food; or

        (b)     the food premises must not be kept or used for the preparation of food; or

        (c)     the food premises must not be used for a specified purpose or for the use of any specified equipment or a specified process.

    (4)     If an order under this section includes a direction under subsection (3)(a) or (3)(b)—

        (a)     in any case—

              (i)     the relevant authority may direct that a copy of the order be affixed to a conspicuous part of the premises in such a manner that the order can be read by a member of the public from outside the premises; and

S. 19(4)(a)(ia) inserted by No. 6/2024 s. 31(1).

        (ia)     the relevant authority may direct that a copy of the order be displayed at any point of sale of the food premises, whether physical or otherwise; and

S. 19(4)(a)(ib) inserted by No. 6/2024 s. 31(1).

        (ib)     if the food business has an Internet site, the relevant authority may direct that a copy of the order be published on the food business's Internet site; and

S. 19(4)(a)(ii) amended by No. 6/2024 s. 31(2).

              (ii)     the relevant authority may, by notice published in a newspaper, on the Internet site of the relevant authority or by any other means, inform the general public that the order has been made and the terms of the order;

S. 19(4)(b) amended by Nos 60/2012 s. 54(1), 6/2024 s. 31(3).

        (b)     if the relevant authority is not the Secretary, the relevant authority must notify the Secretary of the making of the order;

S. 19(4)(ba) inserted by No. 6/2024 s. 31(4).

        (ba)     the Secretary may publish on the Department's Internet site a copy of the order;

        (c)     if the relevant authority is not the registration authority for the premises, the relevant authority must notify the registration authority of—

              (i)     the making of the order; and

              (ii)     any appeal made under section 19BA against the order and the outcome of the appeal.

Note

Under section 43(2) the record of registration maintained by the registration authority in respect of a food premises must include the details of any order in force under this section that includes a direction under subsection (3)(a) or (b) in relation to the premises.

    (5)     An order under this section takes effect—

S. 19(5)(a) amended by No. 6/2024 s. 31(5).

        (a)     when it is given to or served on the proprietor of the food premises, including by sending it by electronic communication to the proprietor at the proprietor's usual or last known electronic address; or

        (b)     if the name and address of the proprietor is unknown, when it is affixed to the premises.

    (6)     If satisfied that an order made under this section has been complied with, the relevant authority must—

        (a)     revoke the order; and

        (b)     give written notice of the revocation of the order in the same manner in which the order was given or served.

    (7)     A person must not contravene an order made under this section.

Penalty:     120 penalty units.

    (8)     A person must not remove the copy of an order affixed to a food premises under subsection (4)(a)(i) while that order remains in force.

Penalty:     60 penalty units.

    (9)     For the purposes of this section, "relevant authority" means any one of the following—

        (a)     the Secretary;

        (b)     the council that is the registration authority for the premises;

        (c)     if the premises is a temporary food premises or a mobile food premises, the council of the municipal district in which the premises is being operated;

S. 19(9)(ca) inserted by No. 60/2012 s. 54(2).

        (ca)     DFSV in relation to any food premises in respect of which it has issued a dairy industry licence under Part 3 of the Dairy Act 2000 ;

S. 19(9)(cb) inserted by No. 60/2012 s. 54(2).

        (cb)     PrimeSafe in relation to any food premises in respect of which it has issued a licence under Part 4 of the Meat Industry Act 1993 or a seafood safety licence under Part 3 of the Seafood Safety Act 2003 ;

        (d)     the chief executive officer of a council referred to in paragraph (b) or (c).

Note to s. 19 inserted by No. 13/2013 s. 24(7).

Note

Section 51B applies to an offence against subsection (7) or (8).

S. 19AA inserted by No. 60/2012 s. 55.