FOOD ACT 1984 - SECT 19H Assessment and audit requirements for food premises

FOOD ACT 1984 - SECT 19H

    (1)     This section applies if a class of food premises is declared under section 19C and, under the declaration, food premises of that class are required to have a food safety program.

S. 19H(2) amended by No. 38/2020 s. 15.

    (2)     The declaration may specify for each food safety program type permitted to be used by the food premises—

        (a)     whether food safety assessments of the food premises are required to be conducted and, if so, the frequency and timing of the assessments;

        (b)     whether food safety audits of the food premises are required to be conducted and, if so, the frequency and timing of the audits.

    (3)     The declaration may specify the circumstances in which a food safety assessment may be conducted by a food safety auditor.

    (4)     For the purposes of subsection (2), the declaration may specify—

        (a)     default requirements relating to the frequency and timing of the assessments or audits; and

        (b)     the range of frequencies and intervals that otherwise may be applied by the registration authority for any particular food premises.

    (5)     In determining the frequency and intervals of the assessments and audits that are to apply to a food premises for the purposes of subsection (4)(b), the registration authority must take into account—

        (a)     the food safety performance of the food business operating from the premises;

Example

The registration authority may take into account past failures by the proprietor of the food business to comply with food safety programs or any other relevant requirements of this Act (including the Food Standards Code) or the regulations.

        (b)     any guidelines issued by the Secretary in a notice published in the Government Gazette for this purpose.

S. 19HA substituted by No. 42/2009 s. 13.