Food Amendment Regulation 2008 (NSW)
2008 No 47
New South Wales
Food Amendment Regulation 2008
under the
Food Act 2003
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Food Act 2003.
IAN MACDONALD, M.L.C., Minister for Primary Industries
Explanatory note
The object of this Regulation is to amend the Food Regulation 2004 as follows:
| (a) | to provide for a fee for improvement notices in respect of food businesses and a fee for the inspection of non-licensed food businesses, |
| (b) | to provide for an annual administration charge to be imposed on non-licensed food businesses, |
| (c) | to update the fee for the inspection of licensed food businesses in accordance with increases in the Consumer Price Index, |
| (d) | to make other minor and miscellaneous changes. |
This Regulation is made under the Food Act 2003, including sections 66AA, 120 and 139 (the general regulation-making power).
| Published in Gazette No 26 of 29 February 2008, page 1255 | Page 1 |
| 2008 No 47 | |
| Clause 1 | Food Amendment Regulation 2008 |
Food Amendment Regulation 2008
under the
Food Act 2003
1 Name of Regulation
This Regulation is the Food Amendment Regulation 2008.
2 Commencement
This Regulation commences on 1 March 2008.
3 Amendment of Food Regulation 2004
The Food Regulation 2004 is amended as set out in Schedule 1.
2008 No 47
Food Amendment Regulation 2008
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 20 Charges for inspections and audits
Omit “$140” and “$35” from clause 20 (1).
Insert instead “$143.08” and “$35.77” respectively.[2] Clause 38 Requirements of Export Control Orders to apply
Omit “Schedules 2 and 3 of the Export Control (Dairy, Eggs and Fish) Orders
2005” from clause 38 (1).Insert instead “Schedules 3 and 4 to the Export Control (Milk and Milk
Products) Orders 2005”.[3] Clause 38 (3)
Omit the subclause. Insert instead:
(3) In this clause: Export Control (Milk and Milk Products) Orders 2005 means the Export Control (Milk and Milk Products) Orders 2005 made under regulation 3 of the Export Control (Orders) Regulations 1982 of the Commonwealth.
[4] Clause 170 Enforcement agencies
Omit clause 170 (1). Insert instead:
(1) For the purposes of the definition of enforcement agency in section 4 (1) of the Act, the Lord Howe Island Board constituted by the Lord Howe Island Act 1953, but only in respect of Lord Howe Island, is prescribed.
[5] Clauses 173A, 173B and 173C
Insert after clause 173:
| 173A | Improvement notice fee |
For the purposes of section 66AA (1) of the Act, the prescribed fee is $330.
| 173B | Charges for inspections of non-licensed food business |
| (1) The charge payable for the carrying out by a relevant enforcement agency of any inspection of a food business under section 37 of the Act (other than an inspection in relation to a licence or application for a licence) is $143.08 per hour with a |
2008 No 47
Food Amendment Regulation 2008
| Schedule 1 | Amendments |
minimum charge of half an hour (excluding time spent in
travelling) plus $35.77 for travelling expenses.
(2)
The relevant enforcement agency may increase the amounts referred to in subclause (1) annually in accordance with the annual percentage increase (if any) in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.
(3)
The charges payable under this clause are payable to the relevant enforcement agency that carried out the inspection under this clause.
(4) The relevant enforcement agency may reduce or waive payment
of a charge in a particular case or class of cases.(5) In this clause, relevant enforcement agency means any of the
following:
(a) the Food Authority, (b)
in respect of the Kosciuszko National Park, the Director-General of the Department of Environment and Climate Change,
(c)
in respect of Lord Howe Island, the Lord Howe Island Board constituted by the Lord Howe Island Act 1953,
(d)
a local council, but only in respect of an area that is not within a local government area.
| 173C | Annual administration charge | |||||||
|
2008 No 47
Food Amendment Regulation 2008
| Amendments | Schedule 1 |
(5) The enforcement agency is to issue each person who is liable to pay a charge under this clause with a notice in writing that specifies the following:
(a) the amount of the charge, (b) the period for which the charge relates, (c) the period within which the charge must be paid. (6) The person liable to pay a charge under this clause must pay the
charge within the period specified in the notice.(7) If the enforcement agency does not carry out at least one inspection of the premises of the food business during the 12 month period to which the charge relates, the enforcement agency must refund the charge paid (if any) by the person who carries on the food business. (8) Any charge paid under this clause in respect of a food business that, after the charge has been paid and before the expiration of the period to which the charge relates, becomes licensed under the Act, is to be refunded as an amount proportionate to the remainder of the period to which the charge relates. (9) The enforcement agency may, on the application of the person liable to pay a charge under this clause, extend the time for payment of the charge or reduce or waive payment of the charge. (10) This clause does not apply to a food business that operates for the sole purpose of raising funds for a community or charitable cause. (11) In this clause, food handler means a person who directly engages
in the handling of food for a food business.Table
Number of full-time equivalent food Maximum charge per handlers working at premises premises Up to and including 5 $250 More than 5 but not more than 50 $500 More than 50 $2,000 [6] Schedule 1 Penalty notices
Insert in appropriate order in Part 1 of the Schedule:
Section 66AA (3) $330 $660
BY AUTHORITY
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