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FOOD ACT 1984 - SECT 43F Notification or registration under the single notification or registration scheme

FOOD ACT 1984 - SECT 43F

Notification or registration under the single notification or registration scheme

    (1)     Subject to subsection (2), the proprietor of a food business that operates one or more temporary food premises, mobile food premises or food vending machines, other than a proprietor to whom section 35A(3) or  35A(4) applies, must register the components of the business under this Division.

    (2)     If all the components of a food business referred to in subsection (1) would, if registered individually, be exempt from the requirement to be registered, the proprietor of the food business other than a proprietor to whom section 35A(3) or  35A(4) applies must give notification of the operation of the components of the business under this Division.

    (3)     If the food business is divided into autonomous divisions, the proprietor of the food business may register or give notification of the operation of—

        (a)     the components of the food business under the one application or notification; or

        (b)     the components of each division of the food business under a separate application or notification for each autonomous division.

Example

A charitable organisation may be subdivided into district branches with each branch preparing and selling food separately. Each branch may register its operation separately under this Division.

    (4)     For the purposes of subsection (3), a division of a food business is autonomous if the food sold by the business is not ordinarily prepared, stored or handled by any other division of the food business.

S. 43F(5) amended by No. 38/2020 s. 42(1).

    (5)     In addition to any information or documents required under section 36, the notification or application for the registration or renewal of registration must include the following information—

        (a)     the number of temporary food premises, mobile food premises or vending machines being operated or intended to be operated by the food business; and

        (b)     the location of the principal premises.

S. 43F(6) amended by No. 38/2020 s. 42(2).

    (6)     Before registering or renewing the registration of a component of the food business, the registration authority must be satisfied that the requirements under Division 3 applying to registration of the component, as subject to any exemptions and modifications declared by the Secretary under section 43E, have been met.

    (7)     The registration authority may register the components of the food business that meet those requirements and refuse to register the components that do not meet them.

S. 43G inserted by No. 42/2009 s. 53.