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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 07:26)
Part 7 Division 2
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92   (Repealed)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.