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FOOD ACT 1984 - SECT 38A Information required to accompany application for registration

FOOD ACT 1984 - SECT 38A

Information required to accompany application for registration

S. 38A(1) amended by No. 38/2020 s. 29(2).

    (1)     This section applies to an application for the registration of a food premises under this Act.

    (2)     In addition to the information required under this section, the application must contain the information and be accompanied by the documents required under section 36.

    (3)     If the application is for a food premises that is required to have a food safety program, the proprietor must state in the application—

        (a)     whether the food safety program intended to be used for the premises is—

              (i)     a standard food safety program; or

              (ii)     a non-standard food safety program; and

        (b)     if a non-standard food safety program is intended to be used, whether it is a QA food safety program.

    (4)     If a standard food safety program is intended to be used for the premises, the proprietor must—

        (a)     state in the application which registered food safety program template has been used to create the food safety program; and

        (b)     if requested by the registration authority, provide to the registration authority the completed template.

    (5)     If a QA food safety program is intended to be used for the premises, the proprietor must provide to the registration authority a certificate from a food safety auditor issued under section 19DD.

Note

If the certificate is not available at the time the application is made the registration authority may register the business on a conditional basis under section 38E.

    (6)     If a non-standard food safety program other than a QA food safety program is intended to be used for the premises, the proprietor must either—

        (a)     include with the application a copy of the food safety program for the premises for assessment by the registration authority prior to registration; or

        (b)     unless subsection (7) applies, provide to the registration authority a certificate from a food safety auditor stating that the food safety program for the premises meets the requirements of section 19D.

Note

If the certificate is not available at the time the application is made the registration authority may register the business on a conditional basis under section 38E.

    (7)     A copy of the food safety program must be included with the application for a food premises to which subsection (6) applies, if the premises is of a class of food premises required by a declaration under section 19C to have a food safety assessment conducted by the registration authority under Part IIIB.

S. 38B (Heading) amended by No. 38/2020 s. 30(1).

S. 38B inserted by No. 14/2001 s. 24, substituted by No. 42/2009 s. 20.