FOOD ACT 1984 - SECT 38E Conditional registration
FOOD ACT 1984 - SECT 38E
Conditional registration(1) This section applies if—
S. 38E(1)(a) amended by No. 38/2020 s. 31(1).
(a) in the case of an application for the registration of a food premises—
(i) the proprietor is required to provide to the registration authority a certificate stating that the food safety program for the premises meets the requirements of section 19D; and
(ii) it is not possible to produce the certificate until after the business has commenced operating from the premises; or
(b) in the case of an application for the renewal of registration of a food premises, the registration authority is satisfied that for reasons beyond the control of the proprietor of the premises, any certificate required to be given before the expiry of the current registration cannot be obtained before then; or
(c) in the case of an application for the renewal of the registration a food premises which under its current registration is not required to have a food safety program, the registration authority has assessed that, because of a change in the food handling activities at the premises, it is now required to have a food safety program.
(2) If the application otherwise meets the requirements of section 38B or 38D, the registration authority may register the food premises on a conditional basis for a specified period not exceeding the prescribed time limit.
(3) It is a condition of registration under subsection (2) that, within the specified period—
(a) in the case of food premises to which subsection (1)(a) or (1)(b) applies, the required certificate is provided to the registration authority; or
(b) in the case of a food premises to which subsection (1)(c) applies—
(i) a food safety program for the premises has been adopted; and
S. 38E(3)(b)(ii) amended by No. 38/2020 s. 31(2).
(ii) the requirements under section 38B that would apply to the food safety program if the application were an application for the registration of food premises have been met.
(4) If the conditions of registration under subsection (3) are met, the registration authority must register the food premises for the balance of the 12 month period commencing when the registration of the premises would otherwise have taken effect.
(5) For the purposes of this section, the prescribed time limit is—
(a) a period of 3 months; or
(b) a longer period declared by the Secretary by notice in the Government Gazette.
S. 38F inserted by No. 42/2009 s. 20.