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Contents (2003 - 43)
Food Act 2003 No 43
Current version for 7 July 2017 to date (accessed 19 November 2017 at 21:30)
Part 9 Division 3A
Division 3A Food Regulation Forum
115A   Food Regulation Forum
(1)  The Minister is to establish a Food Regulation Forum consisting of the following members:
(a)  the Chief Executive Officer or a nominee of the Chief Executive Officer,
(b)  2 persons appointed by the Minister, on the nomination of the Chief Executive Officer, who are members of staff of the Food Authority,
(c)  one person who the Minister is satisfied has experience in local government matters and who is appointed by the Minister with the concurrence of the President of the Local Government and Shires Association of New South Wales,
(d)  3 persons appointed by the Minister, on the nomination of the Local Government and Shires Association of New South Wales, to represent that Association,
(e)  one person appointed by the Minister, on the nomination of the Local Government Managers Australia, NSW, to represent that body,
(f)  2 persons appointed by the Minister, on the nomination of the Australian Institute of Environmental Health, NSW Division, to represent that Institute,
(g)  2 persons appointed by the Minister, on the nomination of the Development and Environmental Professionals’ Association, to represent that Association.
(2)  The person appointed under subsection (1) (c) is to be the Chair of the Forum.
(3)  If a nomination referred to in subsection (1) (d), (e), (f) or (g) is not made by a body within such time as the Minister allows, the Minister may appoint a person the Minister considers to be suitable to represent that body in place of a person required to be so nominated.
(4)  A person appointed by the Minister under this section holds office for the term specified in the instrument of appointment but may be removed from office by the Minister.
(5)  Subject to any directions of the Minister, the Forum is to determine the procedure of the Forum, including the calling and conduct of meetings of the Forum, the vacation of office of members, the filling of vacancies and the appointment of deputies.
115B   Functions of Food Regulation Forum
The Food Regulation Forum has the following functions:
(a)  to evaluate, and provide advice to the Food Authority on, guidelines issued from time to time under section 111C,
(b)  to evaluate, and provide advice on the improvement of, arrangements for the sharing of functions under this Act by the Food Authority and other enforcement agencies,
(c)  to advise the Food Authority on a program to support and assist the role of other enforcement agencies in food regulation,
(d)  to assist the Food Authority in the preparation of protocols for enforcement agencies exercising functions under this Act, including protocols relating to any or all of the following:
(i)  emergency situations where there is an imminent threat to food safety,
(ii)  the taking of food recall action where the Food Authority determines such action is required,
(iii)  the use of the facilities and resources of NSW Health for the analysis of food samples,
(iv)  the making of reports to the Food Authority on the exercise of functions under this Act,
(v)  the exchange of information for the purposes of this Act by enforcement agencies with other persons and bodies authorised to give or receive such information,
(e)  to assist in the preparation of reports by the Food Authority on food regulation in New South Wales,
(f)  to advise the Food Authority on appropriate bodies to which particular issues relating to food regulation might be referred for assistance or advice,
(g)  any other function conferred or imposed on it by or under this or any other Act.