FOOD ACT 1984 - SECT 39 Inspection of premises by registration authority

FOOD ACT 1984 - SECT 39

    (1)     This section applies to a food premises that—

        (a)     is registered under this Act; and

S. 39(1)(b) amended by No. 38/2020 s. 33(2).

        (b)     is not of a class which, under the classification under section 19C, is exempt from the requirement to be inspected during the period of registration.

S. 39(2) amended by No. 38/2020 s. 33(3).

    (2)     The registration authority must carry out an inspection of the premises during the period of registration before the registration of the food premises is renewed.

    (3)     However, the inspection must be carried out within 3 months before the registration of the food premises is renewed if any of the following apply—

        (a)     the registration authority has reason to believe that the food business or the proprietor has failed to comply with any requirements of this Act, whether or not the failure has occurred in the municipal district of the registration authority or otherwise;

S. 39(3)(b) amended by No. 38/2020 s. 33(4).

        (b)     the registration authority has received complaints about the operation of the premises within the period of registration;

        (c)     as a result of a change to the operation of the food premises since the last registration, the food premises falls within a higher risk classification;

        (d)     other circumstances exist as specified in guidelines issued by the Secretary by notice published in the Government Gazette in relation to inspections.

S. 39A inserted by No. 98/1997 s. 10.