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Contents (2003 - 43)
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Food Act 2003 No 43
Current version for 6 January 2017 to date (accessed 29 April 2017 at 09:49)
Part 7
Part 7 Auditing
Division 1 Approval of food safety auditors
87   Approval of food safety auditors
(1)  The Food Authority may authorise a person who is a member of staff of the Food Authority, or approve any other natural person, to be a food safety auditor for the purposes of this Act if the Food Authority is satisfied that the person is competent to carry out the functions of a food safety auditor having regard to:
(a)  the person’s technical skills and experience, and
(b)  any guidelines relating to competency criteria approved by the Food Authority.
(2)  A natural person may make an application, in the approved form, to the Food Authority for an approval under this Part.
(3)  The application is to be accompanied by:
(a)  such information as the Food Authority requires to determine the application, and
(b)  the fee, if any, prescribed by the regulations.
(4)  The Food Authority may, after considering an application for approval:
(a)  grant the application, with or without conditions, or
(b)  refuse the application.
(5)  If the Food Authority grants an application for approval, it must issue the applicant with a written approval that sets out any conditions to which the approval is subject.
(6)  If the Food Authority refuses an application for approval, the Food Authority must give notice of the refusal in writing to the applicant setting out the reasons for the refusal.
87A   Beef labelling auditors
(1)  This section only authorises the exercise of functions in relation to the auditing of the beef labelling requirements.
(2)  The Food Authority may appoint a person employed by an approved industry body to be a beef labelling auditor for the purposes of carrying out audits to determine compliance with the beef labelling requirements.
(3)  A beef labelling auditor is to exercise his or her functions in accordance with the directions issued to the approved industry body by the Food Authority.
(4)  The cost of exercising those functions is the responsibility of the approved industry body.
(5)  A beef labelling auditor is taken to be a food safety auditor for the purposes of this Act and accordingly a reference in this Act to a food safety auditor is taken to include a reference to a beef labelling auditor.
(6)  In this section:
approved industry body means a body that represents the beef industry and that is approved for the time being by the Food Authority.
beef labelling requirements means the requirements arising under Division 2A of Part 2.
88   Term of approval
Except during any period of suspension, an approval granted under this Division remains in force for the period specified in the approval unless sooner cancelled.
89   Food safety auditor to give notice of certain interests
(1)  A food safety auditor must notify the Food Authority of any direct or indirect interest in any food business that the auditor has as soon as possible after becoming aware of that interest.
Maximum penalty: 50 penalty units.
(2)  Payment to an auditor for carrying out the functions of an auditor does not constitute a direct or indirect interest in a food business for the purposes of subsection (1).
90   Variation of conditions or suspension or cancellation of approval of auditor
(1)  The Food Authority may vary the conditions of, or suspend or cancel, an approval under this Division.
(2)  An approval of a person may be suspended or cancelled on one or more of the following grounds:
(a)  if the Food Authority is satisfied that the person has wilfully or negligently contravened any provision of this Act or the regulations,
(b)  if the Food Authority is satisfied that the person has contravened a condition to which the approval is subject,
(c)  if the Food Authority is satisfied that the person has not competently carried out any duty of an auditor under this Act,
(d)  if the Food Authority is satisfied that the person has a direct or indirect interest in any food business that, in the opinion of the Food Authority, could affect the performance of the person’s duties under this Act,
(e)  at the request of the person,
(f)  for any other reason that the Food Authority considers appropriate.
(3)  Payment to an auditor for performing the duties of an auditor does not constitute a direct or indirect interest in a food business for the purposes of subsection (2) (d).
(4)  The Food Authority may only vary the conditions of, or suspend or cancel, the approval of a person:
(a)  after having given the person:
(i)  written reasons of its intention to vary, suspend or cancel, and
(ii)  an opportunity to make submissions, and
(b)  after having considered any submissions duly made by the person.
(5)  Subsection (4) does not apply to the cancellation of an approval at the request of the person to whom the approval relates.
(6)  A variation of the conditions of, or the suspension or cancellation of, the approval of a person under this Part:
(a)  must be by notice in writing, and
(b)  must be served on the person to whom the approval relates, and
(c)  takes effect on the day on which the notice is served or on a later day specified in the notice.
91   Administrative review of decisions relating to approval
(1)  An applicant for an approval under this Division, or the holder of such an approval, may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions of the Food Authority relating to the application or approval:
(a)  the grant or refusal of an application for an approval under this Division,
(b)  the imposition of conditions on an approval,
(c)  the variation of conditions of an approval,
(d)  the suspension or cancellation of an approval.
(2)  An applicant for an approval under this Division, or the holder of such an approval may apply to the Food Authority for a review of any of the following decisions relating to the application or approval if the decision was made by a body acting under a delegation given by the Food Authority:
(a)  the grant or refusal of an application for an approval under this Division,
(b)  the imposition of conditions on an approval,
(c)  the variation of conditions of an approval,
(d)  the suspension or cancellation of an approval.
(3)  An application under this section may only be made within 10 days after service of:
(a)  the relevant written approval or notice of refusal under section 87, in the case of an application for the review of a decision referred to in subsection (1) (a) or (b) or (2) (a) or (b), or
(b)  the relevant notice of the variation, suspension or cancellation under section 90, in the case of an application for the review of a decision referred to in subsection (1) (c) or (d) or (2) (c) or (d).
Division 2 Auditing and reporting requirements
92   (Repealed)
93   Priority classification system and frequency of auditing
(1)  The appropriate enforcement agency must determine:
(a)  the priority classification of individual food businesses for the purposes of the application of any requirements of the regulations relating to food safety programs, and
(b)  the frequency of auditing of any food safety programs required to be prepared by the regulations in relation to the food businesses.
(2)  The determination must be made having regard to a priority classification system for types of food businesses approved by the Food Authority.
(3)  The appropriate enforcement agency must provide written notification to the proprietor of a food business of:
(a)  the priority classification it has determined for the food business, and
(b)  the frequency of auditing of any food safety programs required to be prepared by the regulations in relation to the food business, and
(c)  the date by which the food business must have implemented any food safety program required to be prepared by the regulations in relation to the food business.
(4)  The appropriate enforcement agency may change the priority classification of an individual food business if the appropriate enforcement agency believes that the classification is inappropriate for any reason, including as a result of changes made to the conduct of the food business.
(5)  The appropriate enforcement agency must provide written notification to the proprietor of a food business of any change in priority classification of the food business under subsection (4).
94   Duties of food safety auditors
A food safety auditor has the following duties:
(a)  to carry out audits of any food safety programs required by the regulations to be prepared in relation to food businesses having regard to the requirements of the regulations,
(b)  to carry out any necessary follow-up action, including further audits, if necessary, to determine whether action has been taken to remedy any deficiencies of any such food safety program identified in an audit,
(c)  to carry out assessments of food businesses to ascertain their compliance with requirements of the Food Safety Standards,
(d)  to report in accordance with section 95.
95   Reporting requirements
(1)  A food safety auditor must report in writing to the appropriate enforcement agency the results of any audit or assessment carried out by the food safety auditor for the purposes of this Act.
(2)  A report under subsection (1) must:
(a)  be in the prescribed form, and
(b)  be submitted to the appropriate enforcement agency within 21 days after the completion of the audit or assessment, and
(c)  take account of any action taken before the submission of the report to remedy any deficiency identified by the food safety auditor.
(3)  A food safety auditor must indicate in a report of an audit under subsection (1):
(a)  whether or not the food safety auditor is of the opinion that the food business is being carried on in compliance with the requirements of the regulations relating to food safety programs, and
(b)  any such requirements that the food safety auditor is of the opinion are being contravened in relation to the food business and the manner in which they are being contravened.
(4)  A food safety auditor must indicate in a report of an assessment under subsection (1):
(a)  whether or not the food safety auditor is of the opinion that the food business is being carried on in compliance with the provisions of the Food Safety Standards, and
(b)  any such provisions that the food safety auditor is of the opinion are being contravened in relation to the food business and the manner in which they are being contravened.
(5)  A food safety auditor must report to the appropriate enforcement agency any contravention of this Act, the regulations relating to food safety programs, or the Food Safety Standards that comes to the food safety auditor’s attention in the course of carrying out an audit or assessment for the purposes of this Act:
(a)  that is an imminent and serious risk to the safety of food intended for sale, or
(b)  that will cause significant unsuitability of food intended for sale,
as soon as possible but in any event within 24 hours after the contravention comes to the food safety auditor’s attention.
(6)  A food safety auditor must report in writing to the appropriate enforcement agency, giving reasons, if the food safety auditor considers that the priority classification of a food business that has been audited by the food safety auditor should be changed.
(7)  A copy of a report provided to the appropriate enforcement agency in relation to an audit or assessment must be given to the proprietor of the food business concerned.
96   Redetermination of frequency of auditing
(1)  In this section:
food safety program, in relation to a food business, means the food safety program (if any) required by the regulations to be prepared for the food business.
priority classification means a priority classification set out in the priority classification system referred to in section 93.
(2)  A food safety auditor may determine that the audit frequency of a food safety program for a food business that has been audited by a food safety auditor be changed from the initial audit frequency applicable to a food business within the relevant priority classification to another audit frequency.
(3)  The audit frequency to which the initial frequency may be changed must be within the range of audit frequencies appropriate for food businesses within that relevant priority classification.
(4)  A food safety auditor must have regard to the following matters in making such a determination:
(a)  the compliance history of the food business concerned in relation to any requirements of the regulations regarding food safety programs and the requirements of the Food Safety Standards,
(b)  the audit compliance history (if any) established before the commencement of this subsection.
97   Certificates of authority of food safety auditors
(1)  The Food Authority is to provide each food safety auditor with a certificate of authority as a food safety auditor.
(2)  The certificate of authority:
(a)  must state that it is issued under this Act, and
(b)  must give the name of the person to whom it is issued and bear a photograph of that person and the person’s signature, and
(c)  must state the date, if any, on which it expires, and
(d)  must specify any conditions to which the person’s approval is subject, and
(e)  must bear the signature of the person by whom it is issued and state the capacity in which the person is acting in issuing the certificate.
98   List of food safety auditors to be maintained
(1)  The Food Authority is to prepare and maintain a list of food safety auditors.
(2)  The list is to be made publicly available and is to be revised at least annually.
99   Obstructing or impersonating food safety auditors
(1)  A person must not, without reasonable excuse, resist, obstruct or attempt to obstruct, a food safety auditor in the exercise of the food safety auditor’s functions under this Act.
Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.
(2)  A person who impersonates a food safety auditor is guilty of an offence.
Maximum penalty: 500 penalty units.
(3)  A person must not threaten, intimidate or assault a food safety auditor in the exercise of the auditor’s functions under this Act.
Maximum penalty: 500 penalty units.