FOOD ACT 1984 - SECT 19JA Deficiencies identified in food safety assessment by food safety auditor

FOOD ACT 1984 - SECT 19JA

    (1)     This section applies if a food safety auditor is of the opinion, after conducting a food safety assessment of a food premises, that—

        (a)     the food safety requirements applying to the premises have not been complied with; or

        (b)     in the case of a food premises using a standard food safety program, the food safety program does not comply with section 19DC(2).

    (2)     The auditor must give written notice to the proprietor of the premises—

        (a)     stating that opinion and the reasons for the opinion; and

        (b)     identifying the deficiencies that need to be remedied; and

        (c)     advising that the deficiencies must be remedied—

              (i)     in the case where the auditor is of the opinion that a serious threat to public health exists on the food premises, as soon as practicable; or

              (ii)     in any other case, within the period specified in the notice.

    (3)     Within 14 days of the expiry of the period specified in the notice, the food safety auditor must check to see whether the deficiencies have been remedied.

    (4)     Sections 19M(6), 19M(7) and 19M(8) apply to the assessment as if it were an audit and the reference in section 19M(7)(a) to subsections (2)(b) and (2)(c) of that section were a reference to subsections (2)(b) and (2)(c) of this section.

    (5)     Despite subsection (4), a certificate given to the proprietor of a food premises in relation to a food safety assessment conducted under this section does not need to address the adequacy of the food safety program for the premises.

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