Victorian Consolidated Legislation

Food Act 1984 - SECT 19B

Powers with respect to unclean food handlers etc.

19B. Powers with respect to unclean food handlers etc.





(1) If an authorised officer is satisfied that there has been a contravention
of this Act in relation to a person employed or engaged to handle unpackaged
food, he or she may by order in writing direct that specified steps be taken-

   (a)  to ensure that that person or his or her clothing is put in a clean
        and sanitary condition; or

   (b)  to alter or improve the method of handling of unpackaged food by that
        person; or

   (c)  to ensure that that person ceases to handle unpackaged food until
        diagnosed by a registered medical practitioner as not suffering from a
        condition that is liable to render unpackaged food unsafe or
        unsuitable.

(2) An order under this section takes effect when it is given to or served on
the proprietor of the food premises or food vending machine.

(3) If the authorised officer is satisfied that an order made under this
section with respect to a person has been complied with, he or she must-

   (a)  forthwith 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 under this section.

(4) Any person who is aggrieved by an order made by an authorised officer
under this section may, within 21 days after the order is made, appeal to the
Magistrates' Court.

(5) On an appeal under subsection (4) the court must-

   (a)  reconsider the decision of the authorised officer; and

   (b)  hear any relevant evidence tendered whether by the person aggrieved or
        by the relevant authorised officer.

(6) The costs of, and incidental to, an appeal under subsection (4) are in the
discretion of the court.

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

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