Food Amendment Act 2020 (Vic)
Food Amendment Act 2020
No. 38 of 2020
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Food Act 1984
Division 1—Online portal fee for registration of food premises
3Definition
4New sections 36A, 36B and 36C inserted
Division 2—Miscellaneous amendments to the Food Act 1984
5Definitions
6Orders
7Section 7BA amended
8Orders relating to premises on which primary food production and related activities are carried out
9Declaration of classes of food premises
10Minimum record keeping
11Registration of food safety program templates
12Requirement for food safety program
13Revision of food safety program
14Requirement for food safety supervisor
15Assessment and audit requirements for food premises
16Deficiencies identified in food safety assessment by registration authority
17Food safety assessment conducted by food safety auditor
18Requirement for food safety audit
19Deficiencies identified in food safety audit
20New section 19MA inserted
21Food safety auditor to provide certain information to registration authority
22Request by registration authority for copy of report prepared by food safety auditor
23Council fees for assessments
24Exemptions concerning food safety
25Directions concerning food safety
26Remedy in respect of articles seized
27Registration authority
28Information required to be given to registration authority
29Section 38A amended
30Section 38B amended
31Conditional registration
32New section 38G inserted
33Section 39 amended
34Registration etc. may be made despite minor defects
35Offence to fail to comply with registration condition
36Minister may specify period of registration
37Period for which registration lasts
38New section 40F inserted
39Registration fees
40Records of registration
41Declaration of requirements for notification or registration
42Notification or registration under the single notification or registration scheme
43Power of court to order forfeiture
44Section 50AAB amended
45Evidence of signatures
46Additional information
47Protection against liability
48Delegation by council
49Section 58AB amended
50Regulations
51New section 82 inserted
52Schedule 1 amended
Part 3—Amendment of Public Health and Wellbeing Act 2008
53Definition
54New sections 78A and 78B inserted
Part 4—Repeal of this Act
55Repeal of this Act
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Endnotes
1 General information
Food Amendment Act 2020
No. 38 of 2020
[Assented to 1 December 2020]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Food Act 1984—
(i)to enable the Secretary to charge councils for use of the online portal in respect of the registration of food premises; and
(ii)in respect of the registration of food premises; and
(iii)in respect of food safety programs and to provide for fees for the registration of food safety program templates; and
(iv)to enable regulations and guidelines to be made about primary food production; and
(v)to prescribe infringement offences and infringement penalties; and
(vi)to make minor and consequential amendments to that Act; and
(b)to amend the Public Health and Wellbeing Act 2008 to enable the Secretary to charge councils for use of the online portal in respect of the registration of premises.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 July 2021, it comes into operation on that day.
Part 2—Amendment of Food Act 1984
Division 1—Online portal fee for registration of food premises
3Definition
Insert the following definition in section 4(1) of the Food Act 1984—
"online portal means the electronic registration system—
(a)maintained by the Secretary; and
(b)used by a registration authority to receive and record information relating to food premises including the following—
(i)any application for the registration of food premises;
(ii)any renewal of registration of food premises;
(iii)any notification of the operation of food premises;
(iv)any information relating to the registration and compliance of food premises;".
4New sections 36A, 36B and 36C inserted
After section 36 of the Food Act 1984 insert—
"36A Application for registration or notification using online portal
A registration authority that is a council may accept the following in the online portal—
(a)a notification of the operation of a food premises under Division 2;
(b)an application for registration or renewal of registration of food premises under Division 3.
36BCharge for use of online portal
If a council uses the online portal the council must pay the charge declared by the Secretary under section 36C for use of the portal.
36COnline portal charge
(1)The Secretary may set and declare, by notice published in the Government Gazette, the charge to be paid by a registration authority that is a council in respect of the online portal, in accordance with the methodology specified in the notice for use of the portal by the council.
(2)Without limiting the methodology by which a charge may be set, the methodology may provide for all or any of the following—
(a)that the charge is payable by a council using the portal in the period or periods specified in the notice;
(b)that different payment arrangements may be specified in the notice in respect of each council including that the charge be paid in instalments;
(c)that different charges may be specified for each council based on the use of the portal by a council having regard to—
(i)the number of applications for registration, renewal of registration or notifications received in respect of food premises in the online portal by a council during the period specified in the notice; and
(ii)the classes of food premises registered by a council; and
(iii)any information a council is required to provide to the Department in accordance with a declaration made by the Secretary under section 7D; and
(iv)the cost of administering and maintaining the portal.".
Division 2—Miscellaneous amendments to the Food Act 1984
5Definitions
In section 4(1) of the Food Act 1984—
(a)in paragraph (a) of the definition of Secretary, for "DEDJTR" substitute "DJPR";
(b)the definition of Secretary DEDJTR is repealed;
(c)insert the following definitions—
"food safety program type means—
(a)a standard food safety program; or
(b)a non-standard food safety program that is not a QA food safety program; or
(c)a QA food safety program;
Secretary DJPR means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Jobs, Precincts and Regions;".
6Orders
In section 5(5) and (6) of the Food Act 1984, for "DEDJTR" substitute "DJPR".
7Section 7BA amended
(1)In the heading to section 7BA of the Food Act 1984, for "Economic Development, Jobs, Transport and Resources" substitute "Jobs, Precincts and Regions".
(2)In section 7BA of the Food Act 1984—
(a)for "Economic Development, Jobs, Transport and Resources" substitute "Jobs, Precincts and Regions";
(b)in paragraph (a), for "DEDJTR" (where twice occurring) substitute "DJPR".
8Orders relating to premises on which primary food production and related activities are carried out
In section 19AA(10) of the Food Act 1984, in paragraphs (a)(i) and (b)(i) of the definition of relevant authority, for "DEDJTR" substitute "DJPR".
9Declaration of classes of food premises
(1)In section 19C(2)(c) of the Food Act 1984, for "annually" substitute "during the period of registration".
(2)In section 19C(3)(a) of the Food Act 1984, for "type of food safety program or types of food safety program" substitute "food safety program type or types".
10Minimum record keeping
In section 19CB(5)(a) of the Food Act1984, for "registration, renewal of registration or transfer" substitute "registration or renewal".
11Registration of food safety program templates
After section 19DB(3) of the Food Act 1984 insert—
"(4)The Secretary must not register a food safety program template until the fee (if any) prescribed in the regulations in respect of the registration has been paid.".
12Requirement for food safety program
(1)In section 19E(1)(b) of the Food Act 1984, after "of the" insert "food safety program".
(2)In section 19E(4)(a) of the Food Act 1984, for "registration, renewal of registration or transfer" substitute "registration or renewal".
13Revision of food safety program
In section 19EA(3) of the Food Act 1984 omit "or transfer of registration".
14Requirement for food safety supervisor
In section 19GA(4)(a) of the Food Act 1984, for "registration, renewal of registration or transfer" substitute "registration or renewal".
15Assessment and audit requirements for food premises
In section 19H(2) of the Food Act 1984, for "type of food safety program" substitute "food safety program type".
16Deficiencies identified in food safety assessment by registration authority
In section 19IA(4)(a) of the Food Act1984, for "registration, renewal or registration or transfer" substitute "registration or renewal".
17Food safety assessment conducted by food safety auditor
In section 19J(3)(a) of the Food Act 1984, for "registration, renewal of registration or transfer" substitute "registration or renewal".
18Requirement for food safety audit
In section 19K(2)(a) of the Food Act 1984, for "registration, renewal of registration or transfer" substitute "registration or renewal".
19Deficiencies identified in food safety audit
In section 19M(5)(a) of the Food Act 1984, for "registration, renewal or registration or transfer" substitute "registration or renewal".
20New section 19MA inserted
After section 19M of the Food Act 1984 insert—
"19MA Certificate of food safety program adequacy
(1)This section applies if a food safety auditor—
(a)has conducted a food safety audit of a food premises; and
(b)because of an unremedied deficiency identified in the audit, has not issued a certificate under section 19L or 19M.
(2)If the auditor is of the opinion that the food safety program for the premises is adequate, the auditor must give the proprietor of the premises a certificate confirming that opinion.".
21Food safety auditor to provide certain information to registration authority
In section 19N(2) of the Food Act 1984, for "19L or 19M" substitute "19L, 19M or 19MA".
22Request by registration authority for copy of report prepared by food safety auditor
In section 19NA(2)(a) of the Food Act 1984, for "registration, renewal or registration or transfer" substitute "registration or renewal".
23Council fees for assessments
(1)In section 19UA(1)(b) of the Food Act 1984 omit "annual".
(2)In section 19UA(7) of the Food Act 1984, for "registration, renewal of registration or transfer" substitute "registration or renewal".
24Exemptions concerning food safety
In section 19V(4)(a) of the Food Act 1984, for "registration, renewal of registration or transfer" substitute "registration or renewal".
25Directions concerning food safety
In section 19W(5)(a) of the Food Act 1984, for "registration, renewal of registration or transfer" substitute "registration or renewal".
26Remedy in respect of articles seized
In section 26(5) of the Food Act 1984, for "DEDJTR" (where three times occurring) substitute "DJPR".
27Registration authority
In section 35(2)(a)(ii) of the Food Act 1984, for "located interstate" substitute "not located in Victoria".
28Information required to be given to registration authority
In section 36(1)(b) and (2)(c) of the Food Act 1984 omit "or transfer".
29Section 38A amended
(1)In the heading to section 38A of the Food Act 1984 omit "or transfer of registration".
(2)In section 38A(1) of the Food Act 1984 omit "ortransfer of registration".
30Section 38B amended
(1)In the heading to section 38B of the Food Act 1984 omit "or transferral of registration".
(2)In section 38B(1) of the Food Act 1984 omit "ortransferring the registration of".
31Conditional registration
(1)In section 38E(1)(a) of the Food Act 1984 omit "or transfer of registration".
(2)In section 38E(3)(b)(ii) of the Food Act 1984 omit "or the transfer of registration".
32New section 38G inserted
After section 38F of the Food Act 1984 insert—
"38G Change of food safety program type
(1)This section applies if there is a change of the food safety program type used for the food premises.
(2)The proprietor of the food premises must notify the registration authority of the change within 14 days of it occurring.
(3)A failure to comply with subsection (2) is a ground for—
(a)the refusal of the renewal of the registration of the premises; and
(b)the revocation or suspension of registration of the premises.
(4)The registration authority may require the proprietor of the food premises to comply with any requirements of the Act that would apply if the proprietor were applying for registration of the food premises using the new food safety program type.".
33Section 39 amended
(1)In the heading to section 39 of the Food Act 1984, for "Annual inspection" substitute "Inspection".
(2)In section 39(1)(b) of the Food Act 1984, for "annually" substitute "during the period of registration".
(3)In section 39(2) of the Food Act 1984, for "within 12 months" substitute "during the period of registration and".
(4)In section 39(3)(b) of the Food Act 1984, for "previous 12 months" substitute "period of registration".
34Registration etc. may be made despite minor defects
(1)In section 39A(1) of the Food Act 1984—
(a)omit "or transfer";
(b)in paragraph (b), for "registration, the renewal of registration or the transfer of registration," substitute "registration or the renewal of registration".
(2)In section 39A(3) of the Food Act 1984, for "registration, renewal or transfer" substitute "registration or renewal".
35Offence to fail to comply with registration condition
In section 39B of the Food Act 1984, for "registration, renewal of registration or transfer" substitute "registration or renewal of registration".
36Minister may specify period of registration
In section 40B(1) of the Food Act 1984 omit "of more than 1 year".
37Period for which registration lasts
(1)In section 40C(1) of the Food Act 1984—
(a)after paragraph (a) insert—
"(aa)if subsection (1A) applies, from the date it was last granted or renewed until the end of the annual registration period, being a period of not less than 3 months and not longer than 15 months; or";
(b)for "revoked or suspended" substitute "revoked, suspended or cancelled".
(2)After section 40C(1) of the Food Act 1984 insert—
"(1A)Subject to section 40B, the registration authority may specify a common annual registration period for food premises.
Example
1 January to 31 December.".
38New section 40F inserted
After section 40E of the Food Act 1984 insert—
"40F Cancellation of registration
The registration authority may cancel the registration of a food premises if satisfied that the applicant proprietor has permanently ceased to operate a food business from the premises.
Note
A new proprietor proposing to operate a food business from the food premises should apply for registration of the premises under this Part. It is an offence to allow an unregistered food business to operate from a food premises: see section 35A(1).".
39Registration fees
(1)In section 41A(1) of the Food Act 1984, for "registration, renewal of registration and transfer" substitute "registration and renewal".
(2)After section 41A(2)(ad) of the Food Act 1984 insert—
"(ae)may incorporate, in whole or in part, the costs associated with administration; and".
40Records of registration
In section 43(1) of the Food Act 1984, for "and transfers of registrations" substitute "of registration".
41Declaration of requirements for notification or registration
In section 43E(3)(a) of the Food Act 1984 omit "registration, transfer of".
42Notification or registration under the single notification or registration scheme
(1)In section 43F(5) of the Food Act 1984 omit "or transfer".
(2)In section 43F(6) of the Food Act 1984, for "registering, or transferring" substitute "registering".
43Power of court to order forfeiture
In section 48(4)(a) of the Food Act 1984, for "DEDJTR" (where three times occurring) substitute "DJPR".
44Section 50AAB amended
(1)In the heading to section 50AAB of the Food Act 1984, for "DEDJTR" substitute "DJPR".
(2)In section 50AAB of the Food Act 1984, for "DEDJTR" substitute "DJPR".
45Evidence of signatures
In section 50AC of the Food Act 1984, for "DEDJTR" substitute "DJPR".
46Additional information
After section 53J(1) of the Food Act 1984 insert—
"(1A)If a food premises is identified in the register as a premises at which, or in relation to which, an offence has been committed and the registration of the food premises is cancelled under section 40F after the offence occurred the Secretary may add information to the register of convictions to indicate that the registration of the premises has been cancelled and the person convicted of the offence has ceased to operate a food business at the premises.".
47Protection against liability
In section 56(3)(b) of the Food Act 1984, for "DEDJTR" (where twice occurring) substitute "DJPR".
48Delegation by council
In section 58A(2) of the Food Act 1984, for "grant, renew or transfer" substitute "grant or renew".
49Section 58AB amended
(1)In the heading to section 58AB of the Food Act 1984, for "DEDJTR" substitute "DJPR".
(2)In section 58AB(1) of the Food Act 1984, for "DEDJTR" (where twice occurring) substitute "DJPR".
(3)In section 58AB(3) of the Food Act 1984, for "Primesafe by" substitute "PrimeSafe by".
50Regulations
(1)In section 63(1) of the Food Act 1984—
(a)after paragraph (o) insert—
"(oa)providing for and prescribing all matters and things for or with respect to primary food production; and";
(b)in paragraph (x), for "registrations and transfers" substitute "registrations".
(2)In section 63(1A)(d) and (1B) of the Food Act 1984, for "DEDJTR" substitute "DJPR".
(3)In section 63(5) of the Food Act 1984, after "Secretary" insert "DHHS or the Secretary DJPR (including acting in his or her capacity as a declared authority)".
51New section 82 inserted
After section 81 of the Food Act 1984 insert—
"82 Transitional provision—Food Amendment Act 2020
(1)In this section—
amending Act means the Food Amendment Act 2020.
(2)If, immediately before the commencement of section 29 of the amending Act, an application to transfer the registration of a food premises has not been determined, on and after the commencement of section 29 of the amending Act, that application—
(a)is taken to be an application for registration made under section 38A of the Act as amended; and
(b)must be determined in accordance with the Act as amended by the amending Act.".
52Schedule 1 amended
After item 2 of Schedule 1 to the Food Act 1984 insert—
| "2A | An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 4.2.5 of the Food Standards Code— 3(1), 3(2), 3(3), 5, 6(1), 6(2), 10(1), 10(2), 10(4), 11(1), 13(1), 13(2), 13(3), 14(a), 16, 18(1), 18(2), 20(1), 20(2), 20(3), 21 | 5 penalty units for a natural person; 10 penalty units for a body corporate | Failure to comply with requirement of Food Standards Code (Primary Production and Processing Standard for Eggs and Egg Product) relating to food safety practices or general requirements |
| 2B | An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 4.2.6 of the Food Standards Code— 5, 9 | 5 penalty units for a natural person; 10 penalty units for a body corporate | Failure to comply with requirement of Food Standards Code (Production and Processing Standard for Seed Sprouts) relating to food safety practices or general requirements". |
Part 3—Amendment of Public Health and Wellbeing Act 2008
53Definition
Insert the following definition in section 3(1) of the Public Health and Wellbeing Act 2008—
"online portal means the electronic registration system—
(a)maintained by the Secretary; and
(b)which may be used by a Council to receive and record information relating to the registration of prescribed accommodation or premises upon which a person conducts a business specified in section 68;".
54New sections 78A and 78B inserted
After section 78 of the Public Health and Wellbeing Act 2008 insert—
"78A Registration of premises may be recorded in online portal
(1)A Council may accept applications for the issue, transfer or renewal of registrations in the online portal if the prescribed accommodation required to be registered under Division 2 or premises required to be registered under Division 3 is located in the municipal district of the Council.
(2)If a Council uses the online portal for the issue, transfer or renewal of registrations, the Council must pay the charge declared by the Secretary under section 78B for use of the portal.
78BOnline portal charge
(1)The Secretary may set and declare, by notice published in the Government Gazette, the charge to be paid by a Council in respect of the online portal, in accordance with the methodology specified in the notice for use of the portal by the Council.
(2)Without limiting the methodology by which a charge may be set, the methodology may provide for all or any of the following—
(a)that the charge is payable by a Council using the portal in the period or periods specified in the notice;
(b)that different payment arrangements may be specified in the notice in respect of each Council including that the charge be paid in instalments;
(c)that different charges may be specified for each Council based on the use of the portal by the Council having regard to—
(i)the number of applications for the issue, transfer or renewal of registrations received in the online portal by Council during the period specified in the notice; and
(ii)the cost of administering and maintaining the portal; and
(iii)any other information relevant to the use of the portal by Council.".
Part 4—Repeal of this Act
55Repeal of this Act
This Act is repealed on 1 July 2022.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 29 October 2020
Legislative Council: 12 November 2020
The long title for the Bill for this Act was "A Bill for an Act to amend the Food Act 1984 and the Public Health and Wellbeing Act 2008 and for other purposes."
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