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Contents (2003 - 43)
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Food Act 2003 No 43
Current version for 7 July 2017 to date (accessed 24 August 2017 at 12:54)
Part 5
Part 5 Improvement notices and prohibition orders for premises or equipment
57   Unclean or unfit premises, vehicles or equipment
If an authorised officer believes, on reasonable grounds, that:
(a)  any premises used by a food business in connection with the handling of food intended for sale or any equipment or food transport vehicle is in an unclean or insanitary condition or is otherwise unfit for the purpose for which it is designed or intended to be used, or
(b)  any premises used by a food business in connection with the handling of food intended for sale or any equipment or food transport vehicle does not comply with a provision of the Food Safety Standards with which the food business is required to comply, or
(c)  in relation to any premises used in connection with the handling of food for sale or any food transport vehicle, any relevant food safety program prepared in accordance with the regulations is not being implemented adequately by a food business, or
(d)  any provision of the Food Standards Code with which a food business is required to comply is being contravened in relation to the handling of food intended for sale on any premises, or in any food transport vehicle, used by the food business in connection with the handling of food intended for sale,
the authorised officer may serve an improvement notice on the proprietor of the food business in accordance with this Part.
58   Improvement notice
(1)  An improvement notice is to take the form of an order that:
(a)  premises, equipment or a food transport vehicle be put into a clean and sanitary condition, or be repaired, to the satisfaction of an authorised officer, or
(b)  equipment or a vehicle be replaced, or
(c)  a food safety program be prepared if required by the regulations, or
(d)  a food safety program required by the regulations be revised so as to comply with the requirements of the regulations, or
(e)  in relation to the handling of food intended for sale, measures be taken to implement the provisions of any relevant food safety program required to be prepared by the regulations, or
(f)  in relation to the handling of food intended for sale, measures be taken to implement the requirements of the Food Safety Standards,
within a period of 24 hours (or such longer period as is specified in the notice) after the service of the notice on the proprietor of the food business.
(2)  Before the end of the period specified in the improvement notice, the authorised officer who issued the notice may, on his or her own motion or on the application of the proprietor of the food business, extend the period within which the proprietor of the food business is to take action in accordance with the notice.
(3)  An improvement notice is to state that it is issued under this section.
59   Compliance with improvement notice
(1)  If an improvement notice is complied with, an authorised officer is to note the date of compliance on a copy of the notice.
(2)  An authorised officer must give a copy of an improvement notice, noted in accordance with this section, to the person on whom the improvement notice was served if requested to do so by the person.
60   Prohibition order
(1)  If the Food Authority or an enforcement agency believes, on reasonable grounds:
(a)  that any of the circumstances specified in section 57 (a), (b), (c) or (d) exist, and
(b)  that:
(i)  the proprietor of a food business has not complied with an improvement notice within the time required by section 58 for compliance, or
(ii)  the issue of the order is necessary to prevent or mitigate a serious danger to public health,
the Food Authority or the enforcement agency may serve a prohibition order on the proprietor of the food business in accordance with this Part.
(2)  A prohibition order is to take the form of an order that:
(a)  no food intended for sale is to be handled on specified premises or a specified part of specified premises, or
(b)  no food intended for sale is to be conveyed in a specified vehicle, or
(c)  specified equipment is not to be used in connection with food intended for sale, or
(d)  no food intended for sale is to be handled by a food business in a specified way or for a specified purpose,
until the proprietor of the food business has been given a certificate of clearance stating that the premises, part of the premises, vehicle or equipment may be used for the handling or conveyance of food intended for sale, or for use in connection with such food, or that the food may be handled in the specified way or for the specified purpose, as the case may be.
(3)  A prohibition order is to state that it is issued under this section.
(4)  The Food Authority or person that made the order must give a certificate of clearance if, after an inspection of the premises, part of the premises, vehicle or equipment, or the way of handling food, specified in the prohibition order, the Food Authority or person finds, by the Food Authority’s or person’s own inspection or the report of an authorised officer, that:
(a)  the premises, part of the premises, vehicle or equipment, or the handling of food by the food business in the specified way or for the specified purpose, is not a serious danger to public health, and
(b)  the person on whom the prohibition order was served has complied with the prohibition order and any improvement notices served on the person.
61   Scope of notices and orders
An improvement notice or a prohibition order may be made with respect to any one or more of the following:
(a)  any premises or any part of any premises, food transport vehicle or equipment specified in the notice or order,
(b)  all equipment contained on any premises or any part of any premises, or in a food transport vehicle, specified in the notice or order, or any specified equipment so contained,
(c)  the handling of food intended for sale by a food business in a specified way or for a specified purpose.
62   Notices and orders to contain certain information
An improvement notice or prohibition order under this Part:
(a)  must specify any provision of the Food Standards Code to which it relates, and
(b)  may specify particular action to be taken by a person to ensure compliance with the provision of the Food Standards Code to which it relates.
63   Request for re-inspection
(1)  The proprietor of the food business whose premises (other than a vehicle) are affected by a prohibition order may at any time after the order has been served make a written request to the Food Authority or person who made the order to cause the premises to be inspected by an authorised officer.
(2)  The proprietor of the food business whose vehicle or equipment is affected by a prohibition order may at any time after the order has been served make a written request to the Food Authority or person who made the order to cause the vehicle or equipment to be inspected by an authorised officer:
(a)  at the place where it was originally inspected, or
(b)  if it is not convenient for it to be inspected at that place, at some other place that the Food Authority or person who made the order has agreed to.
(3)  If a request for inspection is made under this section and the premises, vehicle or equipment concerned, through no fault of the proprietor of the food business, is not inspected by an authorised officer within the period of 48 hours of the receipt of the request by the Food Authority or person, a certificate of clearance is taken to have been given to the proprietor of the food business under section 60.
64   Contravention of prohibition order
A person must not contravene or fail to comply with a prohibition order served on the person under this Part.
Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.
Note.
 An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 122.
65   Administrative review of decision to refuse certificate of clearance
The proprietor of a food business on whom a prohibition order has been served may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision of the Food Authority or the person who made the order to refuse to give a certificate of clearance under section 60 to the proprietor.
66   Compensation
(1)  A person bound by a prohibition order who suffers loss as a result of the making of the order may apply to the Food Authority or person who made the order for compensation if the person bound by the order considers that there were no grounds for the making of the order.
(2)  If there were no grounds for the making of the order, the Food Authority or enforcement agency is to pay such compensation to the applicant as is just and reasonable.
(3)  The Food Authority or enforcement agency is to send written notification of its determination as to the payment of compensation under this section to each applicant for the payment of such compensation.
(4)  If the Food Authority or enforcement agency has not determined an application for compensation under this section within 28 days of receiving the application, the Food Authority or enforcement agency is taken to have refused to pay any compensation.
(5)  An applicant for the payment of compensation under this section who is dissatisfied with a determination by the Food Authority or enforcement agency as to the refusal to pay compensation or as to the amount of compensation may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997:
(a)  within 28 days after the day on which notification of the determination was received, or
(b)  in a case to which subsection (4) applies, within 28 days after the expiration of the 28-day period referred to in that subsection.
66AA   Fee
(1)  A person who is given an improvement notice by an authorised officer of an enforcement agency must, within 28 days after the notice is given, pay the fee prescribed by the regulations to the enforcement agency if the notice contains a requirement to do so.
(2)  The enforcement agency may:
(a)  extend the time for payment of the fee, on the application of the person to whom the improvement notice was given, or
(b)  waive payment of the whole or any part of the fee, on the enforcement agency’s own initiative or on the application of the person to whom the improvement notice was given.
(3)  A person to whom an improvement notice is given in accordance with this Part must pay the fee required by this section within the time provided under this section.
Maximum penalty (subsection (3)): 50 penalty units.