Victorian Consolidated Legislation

Food Act 1984 - SECT 19M

Procedure if program not adequate

19M. Procedure if program not adequate





(1) If a food safety auditor is of the opinion, after conducting a food safety
program audit, that the program has not been complied with or is not adequate,
the auditor must advise the proprietor of the premises to which the program
relates in writing-

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

   (b)  of what needs to be remedied to ensure that the food safety program is
        fully complied with or to make the program adequate; and

   (c)  of the period within which the matters referred to in paragraph (b)
        should be remedied.

(2) If the failure to comply with the food safety program, or any inadequacy
of the program, may lead to a serious risk of food being sold or produced that
is unsafe or unsuitable, the auditor must also notify the registration
authority of the risk as soon as is practicable, together with details of the
advice given by the auditor under subsection (1) in relation to the failure or
inadequacy.

(3) Within 14 days of the expiry of the period referred to in subsection
(1)(c), the auditor must check to see whether the matters referred to in
subsection (1)(b) have been remedied.

(4) If the matters have been remedied, the auditor must give the proprietor a
certificate stating-

   (a)  that, in the opinion of the auditor, the food safety program for the
        premises is adequate; and

   (b)  that while-

   (i)  there was a failure to comply with certain requirements of the program
        during the audit period, each failure that could be remedied has now
        been remedied; or

   (ii) the program became inadequate during the audit period, each inadequacy
        has now been remedied.

(5) The auditor must describe each failure or inadequacy that has been
remedied in the certificate.

(6) If not all of the matters that could be remedied have been remedied-

   (a)  if the failure to remedy any of those matters may lead to a serious
        risk of food being sold or produced that is unsafe or unsuitable, the
        auditor must notify the registration authority of the risk as soon as
        is practicable; or

   (b)  in any other case, the auditor must notify the registration authority
        of the failure of the proprietor to comply with the food safety
        program, or of the inadequacy of the program, within 14 days after
        conducting the check.

(7) If, in the opinion of the auditor, there has been a failure to comply with
a requirement of the food safety program and it is no longer possible to
remedy that failure, the auditor-

   (a)  need not comply with subsections (1)(b) and (c) in relation to that
        failure, but must still comply with subsection (2) if it is relevant
        to the failure; and



   (b)  if failures of that nature are the only compliance failures in
        relation to the program and the program is adequate, must give the
        proprietor a certificate describing the failures and stating that the
        program is adequate and has otherwise been complied with; and

   (c)  in any other case, must ensure that those failures are described in
        any certificate given to the proprietor under subsection (4) or in any
        notice given to the registration authority under subsection (6)(b).