Health (Food Hygiene) Amendment Regulations 1996 (WA)

30 January 1996]	GOVERNMENT GAZETTE, WA	357
HE301

Regulations 1996.

HEALTH ACT 1911

HEALTH (FOOD HYGIENE) AMENDMENT REGULATIONS 1996

Made by the Lieutenant-Governor and deputy of the Governor in Executive Council under section 247 of the Act with the advice of the Food Advisory Committee and under section 343 (5) of the Act.

Citation

1.      These regulations may be cited as the Health (Food Hygiene) Amendment

358 GOVERNMENT GAZETTE, WA [30 January 1996

Commencement

2.      These regulations come into operation on 1 February 1996.

Principal regulations

3.      In these regulations the Health (Food Hygiene) Regulations 1993* are

referred to as the principal regulations.

5681-745.

[* Published in Gazette of 15 October 1993 at pp. For amendments to 29 December 1995 see 1994 Index to

Legislation of Western Australia, Table 4, p. 129.1

Regulation 3 amended

4.      Regulation 3 of the principal regulations is amended by inserting in their

respective alphabetical positions the new definitions following -

"certificate of registration" means a certificate of registration, or a certificate of renewal of registration, issued under regulation 9B and in force at the material time;

"manufactured smailgoods" means uncooked meat or meat

products which are -

(a)	minced, chopped or comminuted;
(b)	subjected to fermentation; and
(c)	when processed, intended for consumption without cooking;
"registration"	means a registration, or a renewal of a

registration, granted under regulation 9B and in force at
the material time;

"smailgoods manufacturer's licence" or "licence" means a licence or a renewal of a licence, issued under regulation 9A and in force at the material time.

Part 2 amended

5.     Part 2 of the principal regulations is amended by adding, after

regulation 9, the new Divisions following -

Division 4— Licensing of persons producing manufactured smailgoocis

Persons producing manufactured smaligoods to be licensed

9A. (1) A person who, after 2 months have elapsed since the

Regulations 1996, conducts a business which produces	coming into operation of the Health (Food Hygiene) Amendment
manufactured smallgoods and who does not hold a smallgoods manufacturer's licence issued in accordance with this regulation commits an offence.
made to the Local Authority in the form of Form 3 of Schedule 2, (2)
An application for a licence under this regulation shall be accompanied by the fee set out in item 1 of Schedule 5.
having regard to the suitability of the applicant to hold the under subregulation (2) and may grant or refuse the application, (3)
The Local Authority shall consider each application made licence, to whether the applicant has had relevant experience or training, and to the interests of public health, and may take into

30 January 19961 GOVERNMENT GAZETTE, WA 359

account criteria considered appropriate by the Executive Director, Public Health, including the applicant's record of compliance with public health requirements and an approved food safety plan.

(4) The Local Authority shall -

(a) where an application for a licence is granted, issue to

the applicant a licence in the form of Form 4 of

Schedule 2;

where an application for a licence is refused, notify

(b) the applicant in writing of the reasons for the refusal

and refund the fee.

(5) A licence under this regulation shall -

(a)	take effect on and from the day it is granted and, unless sooner surrendered, cancelled, revoked or
suspended, continue in force until the following 30 June;
(b)	be subject to these regulations and to any terms or conditions endorsed on the licence by the Local

Authority; and

authorize the holder to carry out any act necessary or

(c) in connection with the conduct (in any premises

registered under regulation 9B) of the business in

respect of which the licence is granted.

(6) The renewal of a licence -

may be granted by the local authority, without

(a)	application;
(b)	if not renewed by the local authority without application, may be applied for in the same manner
and be accompanied by the same fee, as an initial application; and
(c)	shall remain in force, unless sooner surrendered, cancelled, revoked or suspended, for the period 1 July to 30 June.
Division 5— Registration ofpremises used for producing	manufactured smallgoods

Registration of premises

coming into operation of the Health (Food Hygiene) Amendment Regulations 1996, conducts a business producing manufactured	9B. (1) A person who, after 2 months have elapsed since the
smallgoods in premises which are not registered in accordance with this regulation commits an offence.
manufacturer's licence, the Local Authority may grant (2) Where a person is the holder of a current smallgoods
registration of the premises in which that person conducts, or proposes to conduct, a business producing manufactured smallgoods.
Authority in the form of Form 5 of Schedule 2, accompanied by (3)
An application for registration shall be made to the Local the fee set out in item 2 of Schedule 5.
comply with these regulations the Local Authority shall register (4) Where the Local Authority is satisfied that the premises
the premises and grant the proprietor a certificate of registration in the form of Form 6 of Schedule 2.

(5)	A certificate of registration shall -
(a) take effect on and from the day it is granted and,	unless sooner surrendered, cancelled, revoked or

360 GOVERNMENT GAZETTE, WA [30 January 1996

suspended, continue in force until the following

30 June;

(b)	conditions endorsed on the certificate of registration	be subject to these regulations and to any terms or
by the Local Authority; and
(c)	authorize the holder to conduct in the registered premises the business for which the smailgoods
manufacturer's licence held by that person was granted.

(6) The renewal of a registration -

may be granted by the local authority, without

(a)	application;
(b)	if not renewed by the local authority without application, may be applied for in the same manner,
and be accompanied by the same fee, as an initial application; and
(c)	shall remain in force, unless sooner surrendered,

cancelled, revoked or suspended, for the period 1 July

to 30 June.

Regulation 44 amended

6.     Regulation 44 (1) of the principal regulations is amended by adding, in

the Table to that subregulation, the following pathogen -

44

verotoxigenic E. coli

Schedule 2 amended

7.     Schedule 2 to the principal regulations is amended by adding the new

forms following -

44

HEALTH ACT 1911

HEALTH (FOOD HYGIENE) REGULATIONS 1993

FORM 3

[Regulation 9A (2)]

APPLICATION FOR LICENCE, OR RENEWAL OF

LICENCE, TO CONDUCT A BUSINESS PRODUCING

MANUFACTURED SMALLGOODS

To................................................

(insert name and address of Local Authority)

I/We1 ..............................................

hereby make application for a licence to conduct a business producing manufactured smallgoods of the kind described in the Schedule.

SCHEDULE

Dated 19

Applicant(s)

This application must be accompanied by the prescribed fee.

1         Insert full name, trading name, and business address of applicant(s).

30 January 19963 GOVERNMENT GAZETTE, WA 361

HEALTH ACT 1911

HEALTH (FOOD HYGIENE) REGULATIONS 1993

FORM 4

[Regulation 9A (5)]

LICENCE TO CONDUCT A BUSINESS PRODUCING

MANUFACTURED SMALLGOODS

THIS IS TO CERTIFY that on '19

( here insert the name of the

Local Authority) granted to'

a licence to conduct a businessproducing manufactured

smallgoods of the kind described in the Schedule.

This licence is subject to the following terms and conditions: -

Unless sooner surrendered, cancelled, revoked or suspended this licence remains in force until 30 June 19

SCHEDULE

Dated 19

Clerk,

Local Authority

of

1         Insert full name, trading name, and business address of licensee.

HEALTH ACT 1911

HEALTH (FOOD HYGIENE) REGULATIONS 1993

FORM 5

[Regulation 9B (3)]

APPLICATION FOR REGISTRATION, OR RENEWAL

OF REGISTRATION, OF PREMISES USED FOR PRODUCING MANUFACTURED SMALLGOODS

To................................................ (name and address of Local Authority)

L'We ................................ ....hereby make

application for the registration of the premises 2..............

for and in connection with the business of producing
manufactured smailgoods of the kind described in the Schedule.

Number of Smailgoods manufacturer's licence held by the applicant(s):

Dated 19

Applicant(s)

SCHEDULE

This application must be accompanied by the prescribed fee, and any specifications and drawings prescribed by the regulations.

Insert full name, trading name, and business address of applicant(s).

2          Insert situation and description of premises.

362 GOVERNMENT GAZETTE, WA [30 January 1996

HEALTH ACT 1911

HEALTH (FOOD HYGIENE) REGULATIONS 1993

FORM 6

[Regulation 9B (4)]

CERTIFICATE OF REGISTRATION OF PREMISES

PRODUCING MANUFACTURED SMALLGOODS

THIS IS TO CERTIFY that on	, 19
the premises'
were registered with	(here insert

the name of the Local Authority) in the name of 2

for and in connection with the conduct of a business producing

manufactured smallgoods of the kind described in the Schedule.

conditions — This registration is subject to the following terms and

Unless sooner surrendered, cancelled, revoked or suspended this registration remains in force until 19 .

Number of Smallgoods manufacturer's licence held by the licensee:

Dated 19 .

Clerk,

Local Authority

of

SCHEDULE

1          Insert situation and description of premises.

2         Insert full name, trading name and business address of licensee.

Schedule 5 added

8.     The principal regulations are amended by adding the new Schedule

following —

SCHEDULE 5

[Regulations 9A and 9B]

FEES

ITEM	REGULATION	DESCRIPTION OF SERVICE	FEES
1.	9A (2)	Application for licence, or renewal of licence, as proprietor of a business

producing manufactured smallgoods 25

2.	9B (3)	Application for registration or renewal of registration of premises to be used for producing manufactured
smallgoods 25

By Command of the Lieutenant-Governor and deputy of the Governor,

Dated 16th January 1996.

J. PRITCHARD, Clerk of the Council.