Food Hygiene Amendment Regulation (No. 1) 2001 (Qld)

Queensland Subordinate Legislation 2001 No. 58 Food Act 1981 FOOD HYGIENE AMENDMENT REGULATION (No. 1) 2001 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Omission of ss 4AA–4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Replacement of pts 2–9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—FOOD SAFETY STANDARDS 7 Adoption of food safety standards . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Compliance with food safety standards . . . . . . . . . . . . . . . . . . . . . . . 4 9 Defence available to proprietor of food business. . . . . . . . . . . . . . . . 5 7 Amendment of s 56 (Licensing provisions) . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of s 57 (Cancellation, revocation or suspension of licence) . . . 5 9 Amendment of s 58 (Registration of premises, other places or vehicles) . . . 5 10 Amendment of s 63 (Offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Omission of ss 64–70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 Replacement of s 72 (Penalties) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 72 Numbering and renumbering of regulation . . . . . . . . . . . . . . . . . . . . 7 13 Amendment of schedule (Classes and descriptions of businesses) . . . . . . . . 7 14 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SCHEDULE 2

2 Food Hygiene Amendment Regulation (No. 1) 2001 No. 58, 2001 MODIFICATIONS OF STANDARDS 3.1.1, 3.2.2 AND 3.2.3 OF FOOD STANDARDS CODE

s1 3 s4 Food Hygiene Amendment Regulation (No. 1) 2001 No. 58, 2001 1 Short title This regulation may be cited as the Food Hygiene Amendment Regulation (No. 1) 2001 . 2 Commencement This regulation commences on 1 July 2001. 3 Regulation amended This regulation amends the Food Hygiene Regulation 1989 . 4 Amendment of s 4 (Interpretation) (1) Section 4(1), definitions “approved”, “AS”, “bed and breakfast business”, “depth”, “food store exemption”, “food store requirements”, “frozen food”, “frozen food retail cabinet”, “have in possession”, “host farm business”, “medical officer of health”, “perishable food”, “potentially hazardous food”, “sealed”, “single service appliance”, “tableware” and “vermin”— omit. (2) Section 4(1)— insert— ‘ “food safety standards” means— (a) from 1 July 2001 to 30 June 2002—standards 3.1.1, 3.2.2 (other than clauses 3 and 4) and 3.2.3 of the Food Standards Code, published under the Australia New Zealand Food Authority Act 1991 (Cwlth), section 32, as in force on 1 July 2001 and as modified by schedule 2 (the “initial standards” ); or (b) from 1 July 2002—the initial standards, and clauses 3 and 4 of standard 3.2.2 of the Food Standards Code in the form in which the clauses were included in the Code at 1 July 2001. “Food Standards Code” means the code published by the National Health and Medical Research Council in Commonwealth of Australia Gazette No. P27 on 27 August 1987.

s5 4 s6 Food Hygiene Amendment Regulation (No. 1) 2001 No. 58, 2001 “proprietor” , of a food business, see clause 1 of standard 3.1.1 of the food safety standards. 1 ’. (3) Section 4(2) and (3)— omit. 5 Omission of ss 4AA–4A Sections 4AA to 4A— omit. 6 Replacement of pts 2–9 Parts 2 to 9— omit, insert— ‘PART 2—FOOD SAFETY STANDARDS ‘7 Adoption of food safety standards ‘The food safety standards are adopted for the purposes of this regulation. ‘8 Compliance with food safety standards ‘ (1) A person must comply with the food safety standards. Maximum penalty—50 penalty units. ‘ (2) However, a person is not required to comply with clause 4 of standard 3.2.2 of the food safety standards in relation to a food business if there is a licence and a registration for the business. 1 Clause 1 of standard 3.1.1 provides— ‘ proprietor of a food business means: (a) the person carrying on the food business; or (b)if that person cannot be identified—the person in charge of the food business.’.

s7 5 s9 Food Hygiene Amendment Regulation (No. 1) 2001 No. 58, 2001 ‘9 Defence available to proprietor of food business ‘ (1) This section applies if the proprietor of a food business is prosecuted for an offence against section 8(1) in relation to the non-compliance by the business with the food safety standards. ‘ (2) It is a defence for the proprietor to prove— (a) if the proprietor was in a position to influence the carrying on of the business in relation to the offence, the proprietor exercised reasonable diligence to ensure the business was carried on in compliance with the standards; or (b) the proprietor was not in a position to influence the carrying on of the business in relation to the offence.’. 7 Amendment of s 56 (Licensing provisions) (1) Section 56(2), ‘the schedule’— omit, insert — ‘schedule 1’. (2) Section 56(3D)(a), ‘applicant a licence;’— omit, insert— ‘applicant a licence; or’. 8 Amendment of s 57 (Cancellation, revocation or suspension of licence) Section 57(1)(a), ‘revoke;’— omit, insert— ‘revoke; or’. 9 Amendment of s 58 (Registration of premises, other places or vehicles) (1) Section 58 (1), ‘the schedule’— omit, insert — ‘schedule 1’. (2) Section 58(2H)(a), ‘application;’—

s 10 6 s 11 Food Hygiene Amendment Regulation (No. 1) 2001 No. 58, 2001 omit, insert— ‘application; or’. (3) Section 58(2H)(b), ‘application;’— omit, insert— ‘application; or’. (4) Section 58(2I)(a), ‘registration;’— omit, insert— ‘registration; or’. (5) Section 58(2I)(b), ‘(4A);’— omit, insert— ‘(4A); or’. (6) Section 58(4), from ‘do’ to ‘part 6’— omit, insert — ‘is not suitable in all respects for use as a food store or food vehicle’. 10 Amendment of s 63 (Offences) (1) Section 63, ‘the schedule’— omit, insert — ‘schedule 1’. (2) Section 63— insert— ‘Maximum penalty—50 penalty units.’. 11 Omission of ss 64–70 Sections 64 to 70— omit.

s 12 7 s 14 Food Hygiene Amendment Regulation (No. 1) 2001 No. 58, 2001 12 Replacement of s 72 (Penalties) Section 72— omit, insert — ‘72 Numbering and renumbering of regulation ‘In the next reprint of this regulation produced under the Reprints Act1992 , the provisions of this regulation must be numbered and renumbered as permitted by the Reprints Act 1992 , section 43.’. 13 Amendment of schedule (Classes and descriptions of businesses) (1) Schedule— renumber as schedule 1. (2) Schedule, title— omit, insert— ‘CLASSES AND DESCRIPTIONS OF BUSINESSES sections 56(2), 58(1) and 63’. 14 Insertion of new sch 2 After schedule 1, as renumbered— insert — ‘SCHEDULE 2 ‘MODIFICATIONS OF STANDARDS 3.1.1, 3.2.2 AND 3.2.3 OF FOOD STANDARDS CODE section 4(1), definition “food safety standards” 1. A reference in the standards to ‘the Act’ is to be read as a reference to the Food Act 1981 .

s 14 8 s 14 Food Hygiene Amendment Regulation (No. 1) 2001 No. 58, 2001 2. The editorial notes in the standards do not apply. 3. In the purpose clause of standard 3.1.1, the words ‘the other food safety standards set out in this Chapter of the Code’ are replaced with the words ‘this standard and standards 3.2.2 and 3.2.3’. 4. In clause 1 of standard 3.1.1, the words ‘this Chapter’ are replaced with the words ‘this standard and standards 3.2.2 and 3.2.3’. 5. The definition ‘ appropriate enforcement agency ’ in clause 1 of standard 3.1.1 is replaced with the following definition— ‘ appropriate enforcement agency means— (a) in relation to a food business—the local government in whose area the food premises of the business are situated; or (b) in relation to food premises—the local government in whose area the premises are situated.’. 6. In the definition ‘ food premises ’ in clause 1 of standard 3.1.1, the words ‘, pontoons and any other place declared by the relevant authority to be premises under the FoodAct’ are replaced with the words ‘and pontoons’. 7. The definition ‘ food safety standards ’ in clause 1 of standard 3.1.1 is replaced with the following definition— ‘ food safety standards means standards 3.1.1, 3.2.2 and 3.2.3 of the Food Standards Code.’. 8. The definition ‘ sell ’ in clause 1 of standard 3.1.1 is omitted. 9. The following definition is included in clause 1 of standard 3.1.1— ‘ relevant authority means the chief executive.’. 10. The definition ‘ primary food production ’ in clause 1 of standard 3.1.1 is replaced with the following definition— ‘ primary food production means production of primary produce within the meaning of the Food Production (Safety) Act 2000 , section 11.’.

s 14 9 s 14 Food Hygiene Amendment Regulation (No. 1) 2001 No. 58, 2001 11. In clause 2(4)(c) of standard 3.1.1, the words ‘another Act’ are replaced with the words ‘an Act’.’. ENDNOTES 1 Made by the Governor in Council on 31 May 2001. 2. Notified in the gazette on 1 June 2001. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Health. © State of Queensland 2001