Food (Safety Programs) Amendment Regulation 2007 (No 1) (ACT)

Food (Safety Programs) Amendment Regulation 2007 (No 1)

Subordinate Law SL2007-14

The Australian Capital Territory Executive makes the following regulation under the Food Act 2001.

Dated 30 May 2007.

Katy Gallagher

Minister

Simon Corbell

Minister

Food (Safety Programs) Amendment Regulation 2007 (No 1)

Subordinate Law SL2007-14

made under the

Food Act 2001

1. Name of regulation

   This regulation is the Food (Safety Programs) Amendment Regulation 2007 (No 1).

2. Commencement

   This regulation commences on the day after its notification day.

   Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Food Regulation 2002.

4. New sections 2 and 2A

   in part 1, insert

5. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

2ANotes

A note included in this regulation is explanatory and is not part of this regulation.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

1. Sections 2A to 7

   renumber as sections 3 to 8

2. New part 3

   insert

Part 3Food safety programs

1. Food safety auditors

   (1)The chief health officer may, in writing, authorise a public health officer to be a food safety auditor.

   (2)In this section:

   public health officer means a public health officer under the Public Health Act 1997, section 12.

2. Functions of food safety auditors

   A food safety auditor has the following functions:

   (a)to carry out audits of food safety programs when required under section 12;

   (b)if an audit identifies deficiencies in a food safety program—to carry out any necessary follow-up action (including additional audits) to check the deficiencies are remedied;

   (c)to report to the chief health officer the results of investigations or audits carried out under this part.

3. Reporting requirements

   A food safety auditor who carries out a food safety program audit of a registered food business must give a copy of the audit report to the food business.

4. Audit frequency

   (1)The chief health officer may determine how often a food safety program audit for a registered food business must be carried out.

   NotePower to make a statutory instrument includes power to make different provision for different categories (see Legislation Act, s 48).

   (2)In determining the audit frequency for a registered food business, the chief health officer—

   (a)must consider the interest of public health and safety; and

   (b)may consider the business’ compliance with food safety programs.

   (3)A determination under this section is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

5. Food safety program to be given to chief health officer and made available to employees

   (1)This section applies to a registered food business that is required to have a food safety program.

   NoteFor requirements about food safety programs, see the food standards code, standard 3.2.1.

   (2)The proprietor of the registered food business must—

   (a)give a copy of the food safety program (including any changes made to it) to the chief health officer; and

   (b)keep a copy of the program (including any changes made to it) at each of the business’ premises for inspection by any employee of the business.

6. New dictionary

   insert

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     Act

·     chief health officer.

Note 3Terms used in this regulation have the same meaning that they have in the Food Act 2001 (see Legislation Act, s 148). For example, the following terms are defined in the Food Act 2001, dict:

·     food business

·     food safety standard

·     food standards code

·     registered.

food safety auditor means a person authorised to be a food safety auditor under section 9.

Endnotes

1. Notification

   Notified under the Legislation Act on 31 May 2007.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2023