Victorian Consolidated Legislation

Food Act 1984 - SECT 19

Powers with respect to unclean food premises

19. Powers with respect to unclean food premises





(1) If the Secretary or the registration authority is satisfied from the
report of an authorised officer that-





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



   (b)  food being prepared at food premises is unsafe or unsuitable-



the Secretary or the registration authority may direct that, within a time
specified in the direction, all or any of the following things must be done-

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

   (d)  specified steps must be taken to ensure that food prepared at the food
        premises is safe and suitable.



(2) The Secretary may in an order made under subsection (1) or in a subsequent
order in writing direct that-







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

   (aa) the food premises must not be kept or used for the preparation of
        food-





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until the food premises have been put into a clean and sanitary condition or
been altered or improved or that specified steps have been taken to ensure
that food prepared at those premises is safe and suitable.

(3) Where an authorized officer is satisfied that any food vending machine or
other equipment is in an unclean or unsanitary condition, or in a state of
disrepair he may by order in writing direct that the food vending machine or
other equipment be put into a clean and sanitary condition or be altered or
improved to his satisfaction within such time as is specified in the order.

(4) An authorized officer may in an order made under subsection (3) or in a
subsequent order in writing direct that-

   (a)  the food vending machine shall not be kept or used for the sale or the
        storing, serving or supplying for sale of any food; or

   (b)  the equipment shall not be used in or in connexion with the sale or
        the handling for sale of any food or in connexion with the cleaning of
        any other equipment-

until the food vending machine or other equipment has been put into a clean
and sanitary condition or has been altered or improved.

(5) An order under this section shall take effect-

   (a)  in the case of any food premises, food vending machine or equipment,
        when it is given to or served on the proprietor thereof; or

   (b)  in any case where the name and address of the proprietor of the food
        premises, food vending machine or equipment is not known, when it is
        affixed on some conspicuous part of the premises, equipment or
        machine.

(6) Where any food premises the subject of an order under this section have or
any food vending machine or other equipment the subject of such an order has
been put into a clean and sanitary condition or been altered or improved or
specified steps have been taken to ensure that food prepared at the premises
is safe and suitable, the Secretary, registration authority or authorized
officer (as the case requires) shall-

   (a)  forthwith revoke any order made under this section with respect to
        those premises or that machine or equipment; and

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

(7) Any person who is aggrieved by an order made by the Secretary,
registration authority or authorized officer under this section may within 21
days after the order is made, appeal to the Magistrates' Court.



(8) Upon any appeal under subsection (7) the court shall-

   (a)  reconsider the decision of the Secretary, registration authority or
        authorized officer; and



   (b)  hear any relevant evidence tendered whether by the person aggrieved or
        by the Secretary, registration authority or relevant authorized
        officer.



(9) The costs of and incidental to an appeal under subsection (7) shall be in
the discretion of the court.

(10) Any person who contravenes or fails to comply with an order made by the
Secretary or the registration authority under this section is guilty of an
offence.

Penalty: For a first offence 50 penalty units, and for a second or subsequent
offence 100 penalty units.

(11) Any person who contravenes or fails to comply with an order made by an
authorized officer under this section is guilty of an offence.

Penalty: For a first offence 25 penalty units, and for a second or subsequent
offence 50 penalty units. ---------