Untitled document
Food (Amendment) Act 1997
Act No. 98/1997
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY MATTERS 1
1. Purpose 1 2. Commencement 2
PART 2—AMENDMENTS TO THE FOOD ACT 1984 3
3. Changes to definitions 3 4. Widening of exemption power 4 5. Insertion of Part IIIB 4 PART IIIB—FOOD SAFETY PROGRAMS 5 Division 1—General Matters 5
19C. Declaration that this Part applies to premises or vehicles 5 19D. Food safety programs 5 19E. Declared premises/vehicle must have food safety program 6 19F. Directions concerning food safety programs 7
Division 2—Food Safety Instructors 8
19G. Food safety instructors 8 19H. Declared premises/vehicle must have a nominated food safety instructor 9
Division 3—Review and Audit of Food Safety Programs 11
19I. Requirement to review and audit 11 19J. Food safety program audit 12 19K. Declarations concerning food safety program audit intervals 12 19L. Auditor must give certificate if program adequate 13 19M. Procedure if program not adequate 13 19N. Audit certificates must be given to the registration authority 16 19O. Only approved auditors may conduct audits 16 19P. Appointment of food safety auditors 17 19Q. Auditor must comply with conditions of certification 17
i
Section Page
19R. Offence to impersonate approved auditor 18 19S. Conflict of interest to be avoided 18 19T. Revocation of approval to act as an auditor 19
Division 4—Miscellaneous Matters 19
19U. Restrictions applying to council staff etc. 19 19V. Exemptions concerning food safety programs 21 19W. Penalties applying to this Part 22
6. Changes concerning authorised officers 22 7. Changes to inspection powers 23 8. Increase in penalty for not registering premises or vehicle 23 9. Insertion of section 38A 23
38A. Applications must include food safety program 23
10. Substitution of sections 39—41 24
39. Requirements for registration 24 39A. Registration etc. may be made despite minor defects 24 39B. Offence to fail to comply with registration condition 26 40. Certificates of registration 26 40A. Certificates must be shown on demand 27 40B. Minister may specify period of registration 27 40C. Period for which registration lasts 27 40D. Revocation or suspension of registration 28 40E. Secretary may direct council to revoke or suspend a registration 28
11. Insertion of sections 44A—44D 29
44A. Secretary may order recall of food 29 44B. Person has no right to be heard before order made 31 44C. Secretary may obtain enforcement order 31 44D. Secretary may issue public warning concerning dangerous food 31
12. Minor consequential amendment 32 13. Substitution of Part X 32 PART X—FOOD SAFETY COUNCIL 32
60. Establishment of the Council 32 60A. Functions 32 60B. Powers 33 60C. Members of the Council 33 60D. Conditions of office of members 33 60E. Procedure at meetings 34 60F. Report on operations 35 60G. Use of assistants 35 60H. Members must not disclose confidential information 35 60I. Council the successor of the Food Standards Committee 37
14. Insertion of sections 54A—54D 37
ii
Section Page
54A. Confidential food information may be given to the
Secretary 37 54B. Confidential food information may be given to the Food
Safety Council 38 54C. Confidential food information may be given to a council 38 54D. Confidential food information may be given to a public
statutory body 38
15. Restriction on immunity provision 38 16. Amendment of outdated references 39 17. Amendment of other outdated references 39 18. Standardisation of references to food handling 40
PART 3—AMENDMENTS TO THE MEAT INDUSTRY ACT 1993 42
19. Definitions 42 20. Insertion of new Part 5A 42 PART 5A—MEAT TRANSPORT VEHICLES 42
42A. Use of unlicensed vehicle 42 42B. Breach of licence conditions or restrictions 43
21. Changes to the powers of the chief executive officer 44 22. Insertion of section 74A 45
74A. Chief executive officer may obtain enforcement order 45
23. Additional means of service 46 24. Additional regulation-making powers 46 PART 4—AMENDMENTS CONCERNING MEAT PROCESSING
FACILITIES 47 Division 1—Further Amendments to the Meat Industry Act 1993 47
25. Definitions 47 26. Changes concerning application of the Act 48 27. Insertion of section 10A 48
10A. Minister may require certain premises to have quality
assurance program 49
28. Additional requirements for certain quality assurance programs 49 29. Insertion of section 12A 50
12A. Audit of quality assurance programs of declared
facilities 50
30. Consequential amendments concerning declared facilities 51 31. Insertion of section 37A 51
37A. Ban on sale of certain meat at butcher shops 52
Division 2—Further Amendment to the Food Act 1984 52
32. Change to registration exemption 52
iii
Section Page
33. New section 43A inserted 52
43A. Transitional provision 52
PART 5—OTHER AMENDMENTS 54 Division 1—Amendments to the Dairy Industry Act 1992 54 34. Change to the functions of the Victorian Dairy Industry
Authority 54 35.
Change to powers of authorised officers 54
Division 2—Other Amendments to the Meat Industry Act 1993 54
36. Changes to the functions of the Authority 54 37. Functions of inspectors 55 38. Expansion of inspector's powers 55
Division 3—Statute Law Revision 55
39. Repeal of spent provisions 55
═══════════════
NOTES 56
iv
Victoria
No. 98 of 1997
Food (Amendment) Act 1997†
[Assented to 16 December 1997]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY MATTERS
1. Purpose
The chief purposes of this Act are—
(a) to amend the Food Act 1984—(i) to establish a food safety program scheme; and
(ii) to enable the recall of food that poses a risk to public health; and
Food (Amendment) Act 1997
Act No. 98/1997 s. 2
(iii) to replace the Food Standards Council; and
(iv) to generally improve the operation of that Act; and
(b) to amend the Meat Industry Act 1993—
(i) to provide increased penalties for unlicensed meat transport vehicles or the breach of licence conditions or restrictions; and
(ii) to enable the prohibition of the use of meat transport vehicles if public health is endangered; and
(iii) for regulating certain premises
to transfer to that Act the responsibility 1984; and
(c)
to make minor consequential amendments to the Dairy Industry Act 1992.
2. Commencement
(1) This Act (other than sections 9 and 10 and Part 4)
comes into operation on the day on which it
receives the Royal Assent.
(2) Sections 9 and 10 and Part 4 come into operation on a day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does not come into operation on or before 1 January 1999, it comes into operation on that day.
_______________
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PART 2—AMENDMENTS TO THE FOOD ACT 1984
3. Changes to definitions
In section 4(1) of the Food Act 1984—
(a) insert the following definitions—
' "approved food safety auditor" means aperson holding a current certificate
issued under section 19P;
"declared premises or vehicle" means a
food premises or food vehicle that is of
a class that has been declared under
section 19C;
"food safety instructor" has the meaning set out in section 19G;
"food safety program" has the meaning set out in section 19D;
"food safety program audit" has the meaning set out in section 19J;
"handle", in relation to any food, includes
the preparing, packing, storing, serving,
supplying and conveying of that food;
"hazard" means a biological, chemical,
radiological or physical agent or factor that may adversely affect the health of any person;
"public statutory body" means any body
created by, or under the authority of, an Act of the Commonwealth or of a State or Territory for a public purpose;
"registration authority" means the relevant
registration authority, as determined
under section 36;
Food (Amendment) Act 1997
Act No. 98/1997 s. 4 "Secretary" means the Secretary to the Department of Human Services;';
(b)
omit the definition of "Chief General Manager".
4. Widening of exemption power
(1) For section 5(3) of the Food Act 1984
substitute—
"(3) The Minister may make an order declaring—
(a) any premises or part of a premises or any other place not to be a food premises for the purposes of this Act; (b) any food vehicle not to be a food vehicle for the purposes of this Act.
(3A) The Minister may, by order published in the Government Gazette, exempt from this Act or any provision of this Act—
(a) any food premises or class of food premises; (b) any food vehicle or class of food vehicle.".
(2) In section 5(4) of the Food Act 1984, after "sub- section (3)" insert "or (3A)".
5. Insertion of Part IIIB
After section 19B of the Food Act 1984 insert—
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'PART IIIB—FOOD SAFETY PROGRAMS
Division 1—General Matters
19C. Declaration that this Part applies to
premises or vehicles
(1) The Secretary may, by notice published in the Government Gazette, declare that food premises or food vehicles of a particular
class are to have food safety programs.
(2) In making a declaration, the Secretary must specify that the declaration is to take effect on a specified date on or after the making of
the declaration.
(3) The registration authority must not register,
renew the registration or grant the transfer of registration of any premises or vehicle on or after the date it becomes a declared premises or vehicle unless it is satisfied that an
adequate food safety program exists for thepremises or vehicle.
19D. Food safety programs
A food safety program for a food premises or a food vehicle is a written document that—
(a)
systematically identifies and analyses the potential hazards involved in the activity that is to be, or is being, conducted at or from the premises or vehicle; and
(b)
identifies where, in each operation involved in the activity, each hazard can be controlled and how the hazard is to be controlled; and
(c)
provides for the systematic supervision and monitoring of the controls; and
Food (Amendment) Act 1997
Act No. 98/1997 s. 5
(d)
specifies how a hazard that is found not to be under control is to be brought under control; and
(e)
provides for the making and keeping of appropriate records to facilitate the audit of the food safety program; and
(f) provides—
(i) times, of all staff by a food safety
instructor to ensure that all staff
have skills and competencies infor the training, within specified for the work they are to do; and
(ii) for a mechanism to ensure that maintained; and
(g)
provides appropriate arrangements for the recall of food that is produced or sold that may be adulterated or unfit for human consumption.
19E. Declared premises/vehicle must have food
safety program
(1) The proprietor of a declared premises or vehicle must—
(a)
ensure that there is a food safety program for the premises or vehicle and that the food safety program is adequate, having regard to the nature of the activities that are to be carried out on or from the premises or vehicle; and
(b)
comply with the requirements set out in the food safety program for the premises or vehicle; and
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(c)
give the registration authority a copy of any revision that is made to the food safety program within 14 days after the revision is made.
(2) Sub-section (1) does not apply until the
premises or vehicle is first registered, or has its registration renewed or transferred for the first time, after it becomes a declared
premises or vehicle.(3) A failure to comply with sub-section (1) is a ground for—
(a)
the refusal of the registration, renewal of registration or transfer of registration of the premises or vehicle;
(b)
the revocation or suspension of registration of the premises or vehicle.
19F. Directions concerning food safety programs
(1) The Secretary or the registration authority
may direct the proprietor of a declared
premises or vehicle—
(a) to revise the food safety program for the premises or vehicle if, in the opinion of the Secretary or the registration authority, the food safety program is not, or is no longer, adequate; or (b) to comply with any specified for the premises or vehicle; or
(c)
to have the food safety program for the premises or vehicle audited in accordance with this Act.
Food (Amendment) Act 1997
Act No. 98/1997 s. 5 (2) A direction must be in writing and must
allow the proprietor at least 28 days to
comply with the direction.
(3) A failure to comply with a direction within the time allowed is a ground for—
(a)
the refusal of the registration, renewal of registration or transfer of registration of the premises or vehicle;
(b)
the revocation or suspension of registration of the premises or vehicle.
Division 2—Food Safety Instructors
19G. Food safety instructors
(1) A food safety instructor is a person who, in
relation to a declared premises or vehicle—
(a) knows how to recognise, prevent and alleviate the hazards associated with the handling of food at, or from, that premises or vehicle; and (b) knows which food safety competency standards apply, and how they apply, to the handling of food at, or from, that premises or vehicle; and (c) has the ability to train other people to safely handle food at, or from, that premises or vehicle. (2) In this section, "food safety competency
standard" means a food safety competency
standard approved by a relevant State,
national or international statutory or
regulatory body.
(3) The regulations may specify who the
relevant body is in a particular case or set of
circumstances.
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19H. Declared premises/vehicle must have a nominated food safety instructor
(1) In this section, "food handling
arrangement" means an arrangement under
which a food safety instructor agrees to
conduct the training required by the food
safety program for a declared premises orvehicle.
(2) The proprietor of a declared premises or
vehicle must ensure that no food is sold, or handled for sale, on or from the premises or vehicle unless he, she or it has given the
registration authority—
(a) a written notice that—
(i) arrangement has been made with
states that a food handling and
(ii) qualifications or experience of the
food safety instructor with whomprovides details of the name and and of the period for which the arrangement has been made; or
(b) a written notice that—
(i) states that the proprietor is a food safety instructor and will conduct the training required by the food
safety program for the premises or
vehicle; and
Food (Amendment) Act 1997
Act No. 98/1997 s. 5 (ii) provides details of the proprietor's qualifications or experience.
(3) The proprietor must ensure that the person
who is to be the food safety instructor for the
proprietor's premises or vehicle has the
necessary knowledge and ability to act as a
food safety instructor for the premises or
vehicle.
(4) Sub-section (2) does not apply until the
premises or vehicle is first registered, or has its registration renewed or transferred for the first time, after it becomes a declared
premises or vehicle.(5) If a food handling arrangement ends, the proprietor—
(a) must ensure that a new food handling arrangement for the premises or vehicle is made within 14 days after the arrangement ends (unless the proprietor takes over the duties of the food safety instructor and has the necessary knowledge and ability to be able to do so); and (b) must give the registration authority a written notice in the form required by sub-section (2) within 28 days after the arrangement ends.
(6) If the proprietor is the food safety instructor
for the premises or vehicle and he or she
ceases to be the food safety instructor, he or
she—
(a)
must ensure that a food handling arrangement for the premises or vehicle is made within 14 days after he or she
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| s. 5 | Act No. 98/1997 |
| ceases to be the food safety instructor; and |
(b) must give the registration authority a written notice in the form required by sub-section (2)(a) within 28 days after he or she ceases to be the food safety instructor.
(7) A failure to comply with this section is a ground for—
(a)
the refusal of the registration, renewal of registration or transfer of registration of the premises or vehicle;
(b)
the revocation or suspension of registration of the premises or vehicle.
Division 3—Review and Audit of Food Safety
Programs
19I. Requirement to review and audit
(1) The proprietor of a declared premises or vehicle must ensure—
(a) that the food safety program for the premises or vehicle is reviewed regularly to ensure that it is still adequate, and in any event, is reviewed for that purpose at least once each year; and (b) that a food safety program audit is conducted in relation to that program at the intervals required by section 19K if a declaration applying to the premises or vehicle has been made under that section. (2) A failure to comply with this section is a ground for—
Food (Amendment) Act 1997
Act No. 98/1997 s. 5
(a)
the refusal of the registration, renewal of registration or transfer of registration of the premises or vehicle;
(b)
the revocation or suspension of registration of the premises or vehicle.
19J. Food safety program audit
(1) A food safety program audit is an audit that
is conducted for the purposes of this Part todetermine whether a food safety program—
(a) has been complied with during the period covered by the audit; and (b) is still adequate at the date of the audit. (2) A food safety program audit of the food
safety program of a premises or vehicle must
be conducted by an approved food safety
auditor whose certificate under section 19P
states that he or she is competent to conductthe audit of such a premises or vehicle.
19K. Declarations concerning food safety
program audit intervals
(1) The Secretary may, by notice published in the Government Gazette, declare when and how often a food safety program audit is to be conducted in relation to—
(a) the food safety program of a particular declared premises or vehicle; (b) the food safety programs of a class of declared premises or vehicle; (c) the food safety programs of a class of premises or vehicle that is the subject of a declaration under section 19C.
(2) In making a declaration, the Secretary may provide for different audit intervals for
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| s. 5 | Act No. 98/1997 |
premises or vehicles within a class of premises or vehicle to take account of differences in potential risks and hazards
caused by—
(a)
the nature of the relevant food handled at the premises or vehicles;
(b)
the size or nature of the activities carried out on or from the premises or vehicles;
(c) any relevant environmental,
geographical, historical, logistical,
biological or other circumstances;(d)
a failure to comply with food safety programs or any other requirements of this Act, any other Act or the regulations under any other Act in the past.
19L. Auditor must give certificate if program
adequate
If a food safety auditor is of the opinion,
after conducting a food safety program audit,
that the program has been complied with
during the period covered by the audit and is
still adequate, the auditor must give the
proprietor of the premises or vehicle to
which the program relates a certificateconfirming that opinion.
19M. Procedure if program not adequate
(1) If a food safety auditor is of the opinion,
after conducting a food safety program audit, that the program has not been complied with or is not adequate, the auditor must advise
the proprietor of the premises or vehicle to
which the program relates in writing—
Food (Amendment) Act 1997
Act No. 98/1997 s. 5
(a) of that opinion and the reasons for that opinion; and (b) of what needs to be remedied to ensure that the food safety program is fully complied with or to make the program adequate; and (c) of the period within which the matters referred to in paragraph (b) should be remedied. (2) If the failure to comply with the food safety program, or any inadequacy of the program, may lead to a serious risk of food being sold or produced that is adulterated or unfit for
human consumption, the auditor must also
notify the registration authority of the risk as
soon as is practicable, together with details
of the advice given by the auditor under sub-
section (1) in relation to the failure or
inadequacy.(3) Within 14 days of the expiry of the period
referred to in sub-section (1)(c), the auditor
must check to see whether the matters
referred to in sub-section (1)(b) have been
remedied.
(4) If the matters have been remedied, the
auditor must give the proprietor a certificate
stating—
(a)
that, in the opinion of the auditor, the food safety program for the premises or vehicle is adequate; and
(b) that while—
(i) certain requirements of the
there was a failure to comply with each failure that could be
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| s. 5 | Act No. 98/1997 |
remedied has now been remedied;
or
(ii) the program became inadequate
during the audit period, each
inadequacy has now been
remedied.(5) The auditor must describe each failure or inadequacy that has been remedied in the certificate.
(6) If not all of the matters that could be
remedied have been remedied—
(a) if the failure to remedy any of those matters may lead to a serious risk of food being sold or produced that is adulterated or unfit for human
consumption, the auditor must notify
the registration authority of the risk as
soon as is practicable; or(b) in any other case, the auditor must notify the registration authority of the failure of the proprietor to comply with the food safety program, or of the inadequacy of the program, within 14 days after conducting the check. (7) If, in the opinion of the auditor, there has
been a failure to comply with a requirement
of the food safety program and it is no longer
possible to remedy that failure, the auditor—
(a)
need not comply with sub-sections (1)(b) and (c) in relation to that failure, but must still comply with sub-section (2) if it is relevant to the failure; and
(b)
if failures of that nature are the only compliance failures in relation to the program and the program is adequate,
Food (Amendment) Act 1997
Act No. 98/1997 s. 5 must give the proprietor a certificate
describing the failures and stating that
the program is adequate and has
otherwise been complied with; and
(c) in any other case, must ensure that those failures are described in any certificate given to the proprietor under sub-section (4) or in any notice given to
the registration authority under sub-
section (6)(b).
19N. Audit certificates must be given to the registration authority
(1) The proprietor of a declared premises or
vehicle must give a copy of any audit
certificate the proprietor is given under
section 19L or 19M to the registration
authority within 14 days after being given
the certificate.
(2) A failure to comply with this section is a ground for—
(a)
the refusal of the registration, renewal of registration or transfer of registration of the premises or vehicle;
(b)
the revocation or suspension of registration of the premises or vehicle.
19O. Only approved auditors may conduct audits
A person must not conduct a food safety program audit unless he or she is an approved food safety auditor in respect of the class of food premises or food vehicle to which the food safety program relates.
Penalty:
20 penalty units for a first offence and 40 penalty units for a second or subsequent offence.
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19P. Appointment of food safety auditors
(1) In this section and in sections 19Q and 19T,
"certifying body" means the Secretary or
any person who the regulations state is to be
able to make certifications for the purposes
of this section.(2) A certifying body may certify in writing that
a natural person is competent to conduct a
food safety program audit.
(3) In certifying a person, the certifying body—
(a) may specify on the certificate that the certification applies with respect to all, or only certain, classes of food premises or food vehicles; and (b) may impose any conditions on the considers to be appropriate; and
(c) may specify for how long the certificate remains current. (4) If the regulations provide for the payment of
any fee in relation to a certification, the
certifying body must not certify a person
until the person has paid the fee.
19Q. Auditor must comply with conditions of
certification
An approved food safety auditor must comply with any condition imposed by the certifying body in certifying him or her to be a food safety auditor.
Penalty:
20 penalty units for a first offence and 40 penalty units for a second or subsequent offence.
Food (Amendment) Act 1997
Act No. 98/1997 s. 5 19R. Offence to impersonate approved auditor
A person must not—
(a)
use or take the title "approved food safety auditor"; or
(b)
directly or indirectly represent that he or she is an approved food safety auditor or is authorised to conduct a food safety program audit—
unless the person is an approved food safety
auditor. Penalty:
20 penalty units for a first offence and 40 penalty units for a second or subsequent offence.
19S. Conflict of interest to be avoided
(1) A person must not conduct a food safety
program audit of a food safety program that the person has written or that the person has assisted in preparing.
Penalty: 20 penalty units for a first offence and 40 penalty units for a second or subsequent offence. (2) A person must not conduct a food safety
program audit of the food safety program of
a premises or vehicle if the person is the
proprietor, or an employee or officer of the
proprietor, of the premises or vehicle.
Penalty: 20 penalty units for a first offence and 40 penalty units for a second or subsequent offence. (3) A person must not conduct a food safety
program audit of a food safety program as an
employee of another person if any other
employee of that other person has written, or
has assisted in preparing, that program.
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Penalty:
20 penalty units for a first offence and 40 penalty units for a second or subsequent offence.
19T. Revocation of approval to act as an auditor
(1) A certifying body may, after giving a person
a chance to be heard, revoke that person's
certification as an approved food safety
auditor if the certifying body is satisfiedthat—
(a) the certification was granted on the basis of fraud, misrepresentation or the concealment of facts; or (b) the person has failed to comply with approved food safety auditors; or
(c) the person is not sufficiently competent to carry out food safety program audits; or (d) the person has been guilty of any fraudulent conduct in carrying out an audit; or (e) the person has not satisfactorily carried out 2 or more food safety program audits. (2) Despite sub-section (1), only the Secretary
may revoke the certification of a person who
was certified by the Secretary.
Division 4—Miscellaneous Matters 19U. Restrictions applying to council staff etc.
Food (Amendment) Act 1997
Act No. 98/1997 s. 5 (1) This section applies to a person who—
(a) is a member of a council's staff; or
(b)
is employed, or has been delegated, to do any work on behalf of a council involving food premises or food vehicles or food safety programs.
(2) The person must not write, or assist in
preparing, a food safety program for—
(a)
any food premises that is within the council's municipal district; or
(b)
any food vehicle that is registered, or to be registered, by the council.
Penalty:
20 penalty units for a first offence and 40 penalty units for a second or subsequent offence.
(3) Sub-section (2) does not apply to—
(a) advice given by the person in the course of providing training related to compliance with this Act or of providing information about this Act; or (b) assistance that is given in the course of the person's duties with the council if neither the person nor the council receives any payment or reward for the assistance. (4) The person must not conduct, or assist in
conducting, a food safety program audit of a
food safety program for—
(a)
any food premises that is within the council's municipal district; or
(b)
any food vehicle that is registered by the council.
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Penalty: 20 penalty units for a first offence and 40 penalty units for a second or subsequent offence. (5) The regulations may exempt a class of
person from sub-section (4) in specified
circumstances.
19V. Exemptions concerning food safety
programs
(1) The Secretary may exempt a proprietor of a
declared premises or vehicle, or a class of
declared premises or vehicles, from—
(a)
the need to have a food safety program, or for a food safety program that fully complies with this Act; or
(b)
the need to comply with any requirement in a food safety program; or
(c)
the need to have a food safety program audited in accordance with this Act; or
(d)
the need to comply with any other requirement imposed on proprietors by this Part.
(2) In granting an exemption, the Secretary—
(a) must issue the exemption in writing; and (b) must specify the period for which it is to apply; and (c) may impose any condition that the Secretary considers to be appropriate. (3) The Secretary may vary or revoke an exemption at any time by giving the proprietor written notice of the variation or
revocation.
Food (Amendment) Act 1997
Act No. 98/1997 s. 6 (4) A failure to comply with a condition
imposed under sub-section (2)(c) is a ground
for—
(a)
the refusal of the registration, renewal of registration or transfer of registration of the premises or vehicle;
(b)
the revocation or suspension of registration of the premises or vehicle.
19W. Penalties applying to this Part
No penalties other than those expressly provided for in this Part apply to any failure to comply with this Part.'.
6. Changes concerning authorised officers
(1) For section 20(1) of the Food Act 1984
substitute—
"(1) The Secretary may authorise in writing—
(a)
specific people who are officers or employees of the public service or of a public statutory body;
(b)
a class of officers or employees in the public service;
(c)
a class of officers or employees of a public statutory body;
(d)
people (either specifically or as a class) who are appointed to be inspectors or authorised officers or people having similar functions under any other Act—
to be authorised officers for the purposes of
this Act.
(2) In granting such an authority, the Secretary
may—
(a) limit the authority—
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(i) to specified premises or vehicles vehicles;
(ii) to a specified period of time;
(iii) to a particular investigation or for a particular purpose;
(b)
specify that the authority is only to apply to particular powers, authorities, functions or duties of an authorised officer;
(c)
impose conditions on the authority (including a requirement to comply with any directions of the Secretary).".
(2) After section 20(3) of the Food Act 1984 insert—
"(3A) If the Secretary imposes any restriction on anauthorisation, the Secretary must ensure that
the restriction is stated on the certificate of
authorisation.".
7. Changes to inspection powers
In section 21(1)(a)(ii) of the Food Act 1984, after
"fittings, fixtures" insert ", documents".8. Increase in penalty for not registering premises or vehicle
At the foot of section 36(3) of the Food Act 1984
insert—"Penalty: 50 penalty units for a first offence and
100 penalty units for a second or
subsequent offence.".
9. Insertion of section 38A
After section 38 of the Food Act 1984 insert—
"38A. Applications must include food safety
program
Food (Amendment) Act 1997
Act No. 98/1997 s. 10 An application for the registration, renewal of registration or transfer of registration of a declared premises or vehicle must be
accompanied by a copy of the food safety
program for the premises or vehicle.".
10. Substitution of sections 39—41
For sections 39, 40 and 41 of the Food Act 1984
substitute—"39. Requirements for registration
(1) Before registering, or renewing or
transferring the registration of, any food
premises or food vehicle under this Act, theregistration authority—
(a) must inspect the premises or vehicle; and (b) must be satisfied that all the relevant requirements of this Act with respect to the premises or vehicle have been complied with. (2) In addition, if the premises or vehicle is a
declared premises or vehicle, the registration
authority must also be satisfied that no
ground for the refusal of registration, the
renewal of registration or the transfer of
registration, of the premises or vehicle exists
under Part IIIB.
39A. Registration etc. may be made despite
minor defects
(1) Despite sections 19C and 39, the registration
authority may register, or renew or transfer
the registration of, a food premises or vehicle
even though, in its opinion—
(a)
one or more of the relevant requirements of this Act with respect to
Food (Amendment) Act 1997
| s. 10 | Act No. 98/1997 |
| the premises or vehicle has not been complied with; or |
(b) one or more grounds for the refusal of registration, the renewal of registration or the transfer of registration, of the premises or vehicle exists under Part
IIIB.(2) The registration authority may only do this if it is satisfied—
(a)
in the case of a failure to do something by a specified time that has passed, that the thing will be done within a new
time specified by the registration
authority; or(b)
in the case of a failure to do something that it is no longer possible to remedy, that it is not likely that a similar failure will occur again; or
(c) in any other case—
(i) that the failure to comply poses no any person; and
(ii) will, be remedied within the time
that the failure to comply can, and authority.
(3) If the registration authority exercises the
power conferred by sub-section (1), it is a
condition of the registration, renewal or
transfer—
(a)
that any thing referred to in sub-section (2)(a) be done; and
(b)
that any failure referred to in sub- section (2)(c) be remedied—
Food (Amendment) Act 1997
Act No. 98/1997 s. 10 within the time specified in writing by the
registration authority.(4) The Secretary may direct a council to not exercise the power conferred on it by sub- section (1) in relation to a food premises or
food vehicle or to a class of food premises or food vehicle or to a particular requirement or type of requirement.
(5) A direction must be made in writing.
(6) A council must comply with a direction.
39B. Offence to fail to comply with registration
condition
If the registration, renewal of registration or transfer of a food premises or food vehicle is the subject of a condition under section
39A(3), the proprietor of the premises or vehicle must comply with the condition.
Penalty:
50 penalty units for a first offence and 100 penalty units for a second or subsequent offence.
40. Certificates of registration
(1) On registering a food premises or food
vehicle under this Act, the registration
authority must give the person in whose
name the premises or vehicle is to be
registered a certificate of registration in the
form required by the regulations.(2) If a food premises is required to be registered with the council by or under Part XII or Part XIX of the Health Act 1958, the council
may, subject to the requirements of that Act
applicable to registration being complied
with, incorporate the certificate of
registration under this section in one
Food (Amendment) Act 1997
| s. 10 | Act No. 98/1997 |
document with any certificate of registration
to be issued under that Act.
40A. Certificates must be shown on demand
A person in whose name a food premises or food vehicle is registered must produce the certificate of registration issued in respect of
the premises or vehicle for inspection, if
asked to do so by an authorised officer.
Penalty: 10 penalty units.
40B. Minister may specify period of registration
(1) The Minister may, by notice published in the Government Gazette, declare that the registration of a specified class of food premises or food vehicle is to remain in force for a specified period of more than 1 year.
(2) The Minister may, by notice published in the
Government Gazette, vary any such
declaration.
(3) In making a declaration, the Minister may
also declare what transitional arrangements
are to apply to enable the effective operation
of the declaration.
40C. Period for which registration lasts
The registration of a food premises or vehicle continues in force—
(a)
if the premises or vehicle is within a class specified in a notice under section 40B, for the period specified for premises or vehicles of that class in the notice; or
(b)
in any other case, for 1 year from the date it was last granted or renewed—
Food (Amendment) Act 1997
Act No. 98/1997 s. 10 unless it is revoked or suspended before that
date.
40D. Revocation or suspension of registration
(1) The registration authority may suspend or
revoke the registration of a food premises or
food vehicle if—
(a) subsequent offence against this Act that
a person is convicted of a second or of the premises or vehicle; or
(b) a condition imposed in respect of the premises or vehicle under section 19V(2)(c) or 39A is breached; or (c) a ground for the revocation or suspension of the registration of the premises or vehicle exists under Part IIIB and the matter giving rise to that ground has not been dealt with under section 39A; or (d) the registration authority receives a notice from a food safety auditor under section 19M(2) or (6) in relation to the premises or vehicle. (2) In suspending a registration, the registration
authority must specify for how long the
suspension is to last.
40E. Secretary may direct council to revoke or suspend a registration
(1) The Secretary may direct a council to
suspend or revoke the registration of a food
premises or food vehicle if, in the opinion of
the Secretary, any of the matters listed in
section 40D(1) apply.
Food (Amendment) Act 1997
| s. 11 | Act No. 98/1997 |
(2) In directing a suspension, the Secretary must
specify for how long the suspension is to
last.
(3) A direction must be in writing.
(4) A council must comply with a direction.".
11. Insertion of sections 44A—44D
After section 44 of the Food Act 1984 insert—
'44A. Secretary may order recall of food
(1) This section applies if the Secretary is of the
opinion—
(a) that particular food, or food of a particular class or description, may pose a risk to the health of any member of the public who may consume or come into contact with that food; and (b) that it is in the public interest to recall that food immediately. (2) The Secretary may order any person who has produced, handled or sold the food to call for the return of the food from any person who
may still possess the food.
(3) The Secretary may specify in the order—
(a)
the person, the people or the class of person who must comply with the order; and
(b)
how, and by when, the call for the return of the food is to be made.
(4) An order under this section is of no effect
unless—
(a)
it is in writing signed by the Secretary and a copy of it is given to the person at whom it is directed and it is
Food (Amendment) Act 1997
Act No. 98/1997 s. 11 accompanied by a copy of this section
and section 44B; or
(b) it is published in the Government Gazette; or (c) it is published in a newspaper circulating throughout Victoria. (5) Sub-section (4)(a) does not require the order
to be directed at a person by name. It is
sufficient if the person to whom the order is
given can be readily identified as belonging
to the class of person at whom the order is
directed.
(6) If a regulatory body of the Commonwealth
or another State or a Territory orders the
recall of any food under a power that, in the
opinion of the Secretary, is equivalent to the
power conferred on the Secretary by this
section, the Secretary may make an order in
relation to that food under this section
without independently determining whether
sub-section (1)(a) has been satisfied.
(7) A person must comply with an order made under this section.
Penalty:
50 penalty units for a first offence and 100 penalty units for a second or subsequent offence.
(8) A person must not supply any food that is
the subject of an order under this section to another person while that order remains in force.
Penalty:
50 penalty units for a first offence and 100 penalty units for a second or subsequent offence.
(9) The Secretary may amend or revoke an order
("the earlier order") at any time by issuing an
Food (Amendment) Act 1997
| s. 11 | Act No. 98/1997 |
order amending or revoking the earlier order
in the same way as the earlier order wasissued.
44B. Person has no right to be heard before
order made
In making an order under section 44 or 44A, it is not necessary for the Secretary to give any person who may be affected by the order a chance to be heard before the order is made.
44C. Secretary may obtain enforcement order The Secretary may apply to the Supreme Court for an order against any person who is
required to comply with an order made under
section 44 or 44A—
(a) requiring the person to comply with the order; and (b) in the case of an order made under section 44A, forbidding the person from supplying any food contrary to section 44A(8).
44D. Secretary may issue public warning
concerning dangerous food
(1) This section applies if the Secretary is of the
opinion—
(a)
that particular food, or food of a particular class or description, may pose a risk to the health of any member of the public who may consume or come into contact with that food; and
(b)
that it is in the public interest to warn the public of that risk.
(2) The Secretary may issue a public statement
recommending that members of the public
Food (Amendment) Act 1997
Act No. 98/1997 s. 12 do not use, consume, or come into contact
with, the food.
(3) The Secretary may publish the statement in
any forum, and using any means, the Secretary considers to be appropriate.
(4) In publishing a statement, the Secretary may also publish any other information in relation to the statement that the Secretary considers
to be appropriate.'.
12. Minor consequential amendment
In section 58A(1) of the Food Act 1984, after
"Parts III" insert ", IIIB".
13. Substitution of Part X
For Part X of the Food Act 1984 substitute—
"PART X—FOOD SAFETY COUNCIL
60. Establishment of the Council
There is established a Food Safety Council.60A. Functions
The functions of the Council are—
(a)
to advise the Minister on any matter referred to it by the Minister including, without limiting the scope of this paragraph—
(i) the Food Standards Code; and
(ii) food safety and food standards; and
(iii) the operation of this Act; and
(iv) regulations and proposed
regulations under this Act; and
Food (Amendment) Act 1997
| s. 13 | Act No. 98/1997 |
(v) any matter concerning food that relates to public health; and
(b)
to advise the Secretary on any matter referred to it by the Secretary; and
(c)
to supply information concerning food, food related matters and matters of public health that may involve food to the Minister and the Secretary.
60B. Powers
The Council may do all things that are necessary or convenient to enable it to perform its functions.
60C. Members of the Council
(1) The Council consists of a Chairperson and as many people as are necessary, in the opinion of the Minister, to enable the Council to
carry out its functions.
(2) All appointments to the Council are to be made by the Minister.
(3) The Minister may only appoint a person to
be a member of the Council if, in the opinion
of the Minister, the person has skills,
knowledge or experience that will help the
Council to carry out its functions.
(4) The Minister may appoint a person to be the Deputy Chairperson of the Council.
(5) An act or decision of the Council is not invalid by reason only of defects in the appointment of members of the Council.
60D. Conditions of office of members
(1) A member of the Council—
Food (Amendment) Act 1997
Act No. 98/1997 s. 13
(a)
holds office for the period specified in her or his instrument of appointment, which must be a period of not more than 3 years;
(b)
holds office on the terms and conditions determined by the Minister; and
(c) may be re-appointed; and
(d) may resign from office by delivering a signed letter of resignation to the Minister; and (e) may be removed from office at any time by the Minister. (2) The Public Sector Management Act 1992 (except Part 9) does not apply to a member in respect of the office of member.
60E. Procedure at meetings
(1) The Council may not provide advice to the
Minister on any matter that is put to a vote of the Council unless at least three quarters of the members of the Council are present when the matter is put to the vote.
(2) Any other matter cannot be decided at a
meeting of the Council unless more than half of its members are present when the matter is to be decided.
(3) The decision on a question of the majority of
the members present and voting on the question is the decision of the Council.
(4) If there is a Deputy Chairperson, he or she is
to preside at meetings of the Council at
which he or she is present and at which the
Chairperson is not present.
(5) If neither the Chairperson nor the Deputy Chairperson (if any) are present at a meeting,
Food (Amendment) Act 1997
| s. 13 | Act No. 98/1997 |
the meeting is to be chaired by a member
chosen by the members present at the
meeting.(6) The person presiding at a meeting has both a deliberative and a casting vote.
(7) In all other respects the Council may
regulate its own procedure.
60F. Report on operations
(1) The Council must submit a report on its
operation to the Minister on or before
31 October in each year.
(2) The Minister must cause a copy of the report
to be laid before each House of Parliament within 7 sitting days of that House after the report is submitted to the Minister.
60G. Use of assistants
(1) With the approval of the Minister, the
Council may invite a person to participate in meetings of the Council for the purpose of assisting the Council in its deliberations on particular matters.
(2) A person invited to do this is entitled to receive the fees and allowances (if any) determined by the Minister (unless the person is an officer in the public service).
60H. Members must not disclose confidential
information
(1) A person who is, or has been, a member of
the Council must not disclose any
information that is obtained by him or her as
a member of the Council.
Penalty: 5 penalty units.
Food (Amendment) Act 1997
Act No. 98/1997 s. 13 (2) Also, the person must not use any such
information to obtain directly or indirectly
any pecuniary advantage for himself or
herself or for any other person.
Penalty: 5 penalty units. (3) However, the person may disclose or use such information if—
(a) in the case of information that enables a person to be identified and that was provided by another person, the disclosure of the information is made with the consent of the Minister and of the person who is to be, or may be, identified; or (b) in the case of all other information, the disclosure is made with the consent of the Minister and of the person from whom the information was obtained; or
(c) the disclosure or use is made in the performance of a duty under, or in connection with, this Act or any Act of the Commonwealth or of a State or
Territory; or(d) the information is in the public domain at the time it is disclosed or used. (4) This section also applies to any person who
obtained any information as a result of
participating (or being asked to participate)
in a meeting of the Council under section
60G as if the person was a member of the
Council.
(5) Sub-section (3) is not intended to interfere
with any rights another person may have with regard to the disclosure or use of the information.
Food (Amendment) Act 1997
| s. 14 | Act No. 98/1997 |
(6) Despite anything to the contrary in this or
any other Act, a person to whom this section applies is neither competent nor compellable in any proceedings to answer any question,
or to produce any document, relating to any
information referred to in this section
without the approval of the Minister.(7) Despite anything to the contrary in this
section, a person may disclose the identity of
approved food safety auditors.
60I. Council the successor of the Food
Standards Committee
(1) The Council is the successor in law to the Food Standards Committee.
(2) Any reference to the Food Standards
Committee in any Act, subordinate instrument, agreement or other document as far as it relates to any period after the commencement of section 13 of the Food (Amendment) Act 1997 is to be treated as a reference to the Council, unless the contrary intention appears.
(3) The members of the Food Standards
Committee cease to hold office.".
14. Insertion of sections 54A—54D
After section 54 of the Food Act 1984 insert—
"54A. Confidential food information may be given
to the Secretary
Despite anything to the contrary in this Act or in any other Act, a person does not commit any offence in disclosing to the Secretary any information relating to food, the handling or sale of food or any illness, condition or disease that is, or may be, related to food.
Food (Amendment) Act 1997
s. 14
s. 15
Act No. 98/1997
54B. Confidential food information may be given to the Food Safety Council
Despite anything to the contrary in this Act food, the handling or sale of food or any illness, condition or disease that is, or may be, related to food to enable the Council to carry out any of its duties or functions under this Act.
or in any other Act, a person does not
commit any offence in disclosing to the Food
54C. Confidential food information may be given
to a council
Despite anything to the contrary in this Act
or in any other Act, a person does not
commit any offence in disclosing to a
council (or anyone acting on behalf of a
council) any information relating to food, the
handling or sale of food or any illness,
condition or disease that is, or may be,
related to food.
54D. Confidential food information may be given to a public statutory body
Despite anything to the contrary in this Act or in any other Act, a person does not commit any offence in disclosing to a public statutory body any information relating to food, the handling or sale of food or any illness, condition or disease that is, or may be, related to food, to enable the body to carry out any of its duties or functions under any Act or regulations, or to assist the Secretary or a council.".
15. Restriction on immunity provision
Food (Amendment) Act 1997
Act No. 98/1997
At the end of section 56 of the Food Act 1984
insert—"(2) This section does not apply to an authorised
officer who is acting as an approved food
safety auditor on his or her own behalf whilehe or she is so acting.".
16. Amendment of outdated references
In the Food Act 1984—
(a)
in sections 4, 7(1), 19(2), 20(3) and (5), 21(2) and (3), 26(4), 29(d), 30, 32(4), 36(2), 38(3), 43(4) and (5), 44, 48(4), 54, 55(1)(c), 56, 63(1)(h)(vi) and (x), (p), (v) and (w), (5) and (6), for "Chief General Manager" (wherever occurring) substitute "Secretary".
(b)
in sections 21(3) and 29(d), for "Chief General Manager's" substitute "Secretary's".
17. Amendment of other outdated references
In the Food Act 1984—
(a) in section 19(1)—
(i) for "Chief General Manager or a registration authority";
(ii) for "Chief General Manager or registration authority";
(b) General Manager, council" (wherever
in sections 19(6), (7) and (8), for "Chief authority";
(c)
in section 19(10), for "Chief General Manager or a council" substitute " Secretary or the registration authority";
Food (Amendment) Act 1997
s. 17
s. 18
Act No. 98/1997
(d) Chief General Manager " (wherever
in sections 42(1) and (2), for "council or the authority";
(e)
in section 43(1), for "council and the Chief General Manager" substitute "registration authority";
(f)
in the heading to Part VII, for "CHIEF GENERAL MANAGER" substitute "THE SECRETARY";
(g) in section 46(5)—
(i) for "Chief General Manager or the the registration authority that";
(ii) council (as the case requires)"
(wherever occurring) substitutefor "Chief General Manager or the authority";
(h) in section 58(1)—
(i) for "Chief General Manager or a registration authority";
(ii) for "Chief General Manager or the council, as the case requires, shall" substitute "Secretary or the registration
authority must";
(i) in section 58(2), for "Chief General Manager or the council" substitute "Secretary or the registration authority".
18. Standardisation of references to food handling
(1) In the Food Act 1984—
Food (Amendment) Act 1997
Act No. 98/1997
(a) in section 4(1), in the definitions of "appliance" and "food vehicle", for "preparing, packing, storing, handling, serving, supplying or conveying" substitute
"handling";(b) in section 4(1), in the definition of "food premises", for "preparing, packing, storing, handling, serving or supplying" substitute "handling"; (c) in sections 19(2)(a) and 21(2), for serving or supplying" substitute "handling";
(d) 63(1)(d), (h), (n) and (p), for "preparing,
packing, storing, handling, serving,in sections 19(2)(b) and (4)(b), 50(1)(b) and occurring) substitute "handling";
(e) in sections 21(1)(a) and (b) and (2), for "prepared, packed, stored, handled, served or supplied" substitute "handled"; (f) in section 35, for "preparing, handling or serving" substitute "handling"; (g) in sections 63(1)(h)(i), (ii), (v), (xi) and (xii), for "prepared, packed, stored, handled, served, supplied or conveyed" substitute "handled". (2) At the end of section 35 of the Food Act 1984
insert—
'(2) In this section, "handling" does not include
packing, storing, supplying or conveying any
food.'.
_______________
Food (Amendment) Act 1997
Act No. 98/1997 s. 19
PART 3—AMENDMENTS TO THE MEAT INDUSTRY ACT
1993
19. Definitions
In section 3(1) of the Meat Industry Act 1993 No. 40/1993. Reprinted to insert the following definitions— No. 115/1994. "licensed meat transport vehicle" means a meat
transport vehicle licensed under the
regulations;"meat transport vehicle" means a vehicle used
for the conveyance of any carcass or meat
intended for human consumption;"own", in relation to a meat transport vehicle, includes being in charge of the vehicle and having the control and management of the vehicle;
"vehicle" means a conveyance designed to be
propelled or drawn by any means, whether or
not capable of being so propelled or drawn,
and includes cart, caravan, bicycle, railway
carriage, tram-car, ship, boat, barge, vessel,
aircraft and aircushion vehicle.'.
20. Insertion of new Part 5A
After Part 5 of the Meat Industry Act 1993 insert—
"PART 5A—MEAT TRANSPORT VEHICLES
42A. Use of unlicensed vehicle
(1) A person must not—
(a)
use for the conveyance of any carcass or meat intended for human consumption a vehicle that is required
Food (Amendment) Act 1997
| s. 20 | Act No. 98/1997 |
| by the regulations to be licensed under the regulations for that purpose; or |
(b) own a vehicle that is—
(i) used for the conveyance of any human consumption; and
(ii) required by the regulations to be that purpose—
unless that vehicle is so licensed.
Penalty: For a first offence, 50 penalty
units; for a subsequent offence,
100 penalty units.(2) For the purposes of this section, a meat transport vehicle in respect of which a licence issued under the regulations has been
suspended is to be treated as an unlicensed meat transport vehicle while the licence is suspended.
42B. Breach of licence conditions or restrictions
The holder of a meat transport vehicle licence issued under the regulations must not—
(a)
use for the conveyance of any carcass or meat intended for human consumption a licensed meat transport vehicle in breach of any condition or restriction of the licence; or
(b)
permit or allow a licensed meat transport vehicle to be used for the conveyance of any carcass or meat intended for human consumption in
Food (Amendment) Act 1997
Act No. 98/1997 s. 21 breach of any condition or restriction of
the licence.
Penalty: For a first offence, 50 penalty
units; for a subsequent offence,
100 penalty units.".
21. Changes to the powers of the chief executive officer
For sections 74(2) to (5) of the Meat Industry
Act 1993 substitute—'(2) The chief executive officer may, by notice in
writing—
(a) direct the owner, operator, licensee or manager of a meat processing facility to remove any animals or meat from the facility; or (b) prohibit the owner, operator, licensee or manager of a meat processing facility from using the facility for a specified purpose; or (c) prohibit the owner, operator or licensee of a vehicle from using, or allowing the use of, the vehicle as a meat transport vehicle; or
(d) prohibit a person from using, or allowing the use of, meat transport vehicles. (3) The chief executive officer may only issue the notice if he or she—
(a)
has considered a report from an inspector on the subject matter of the notice; and
(b)
considers it appropriate to issue the notice in the interests of public health.
Food (Amendment) Act 1997
| s. 22 | Act No. 98/1997 |
(4) Sub-sections (2)(c) and (d)—
(a) apply regardless of whether or not any vehicle that a prohibition applies to is licensed under this Act or any other Act; but
(b) only apply to the use of a vehicle as a meat transport vehicle in circumstances in which the regulations require the vehicle to be licensed for that purpose. (5) A notice takes effect on being served on the person to whom it is directed.
(6) A person to whom a notice is directed must
comply with the notice.
Penalty: 50 penalty units.
(7) The chief executive officer may specify in
the notice that it is to cease to apply if one or
more specified conditions are met.
(8) The chief executive officer may amend or
revoke a notice ("the earlier notice") at any
time by serving written notice of the
amendment or revocation on the person to
whom the earlier notice was directed (or on
any agent or successor of that person).'.
22. Insertion of section 74A
After section 74 of the Meat Industry Act 1993 insert—
"74A. Chief executive officer may obtain
enforcement order
The chief executive officer may apply to the Supreme Court for an order against any person who is required to comply with a notice issued under section 74 requiring the person to comply with the notice.".
Food (Amendment) Act 1997
Act No. 98/1997 s. 23
23. Additional means of service
After section 77(d) of the Meat Industry Act
1993 insert—
"; or
(da) if required or authorised to be served on the owner, operator or licensee of a vehicle, by being served on any person driving, or
apparently in charge of, that vehicle; or".
24. Additional regulation-making powers
(1) For section 78(1)(h)(iii) of the Meat Industry
Act 1993 substitute—
"(iii) the period for which a licence may be issued;
and
(iiia) the conditions or restrictions on a licence and
the variation or revocation of any of those
conditions or restrictions; and
(iiib) renewal of licences; and".
(2) After section 78(1)(h)(vi) of the Meat Industry Act 1993 insert—
"; and
(vii) requiring licensees to have programs in the nature of a quality assurance program and to comply with such a program; and
(viii) providing for the approval by the Authority of programs in the nature of a quality assurance program; and".
_______________
Food (Amendment) Act 1997
| s. 25 | Act No. 98/1997 |
PART 4—AMENDMENTS CONCERNING MEAT
PROCESSING FACILITIES
Division 1—Further Amendments to the Meat Industry Act
1993
25. Definitions
(1) In section 3(1) of the Meat Industry Act 1993
insert the following definitions—
' "butcher shop" means a shop where meat is
sold mainly for human consumption, but
does not include—
(a) a shop that sells more manufactured meat, or products that contain some or no meat, than it does unmixed meat; or (b) any premises where meat is sold to be consumed on the premises;
"declared facility" means a premises that is of a
class that has been declared under section
10A;
"manufactured meat" means a processed food product that is a mixture of meat and other food (including water) and in which at least
66% of the unpacked weight of the product is meat, but does not include unmixed meat;
"unmixed meat" means any meat that has not been mixed with any other substance, but includes meat that has had a negligible
quantity of other food added to it if that other
food does not fundamentally change the
character of the meat.'.
(2) In section 3(1) of the Meat Industry Act 1993, in
the definition of "general meat processing
facility", for paragraph (c) substitute—
Food (Amendment) Act 1997
Act No. 98/1997 s. 26 "(c) a place at which the predominant activity
is—
(i) the processing of unmixed meat; or
(ii) the production or processing of manufactured meat; or
(iii) any combination of those activities—
other than a place that is solely used to store
food in a chilled or frozen state;".
(3) In section 3(1) of the Meat Industry Act 1993, in
the definition of "meat processing facility", after
paragraph (b) insert—
"; or
(c) a butcher shop;".
(4) In section 3(1) of the Meat Industry Act 1993, the definition of "retail butcher shop" is repealed.
(5) Section 3(2) of the Meat Industry Act 1993 is
repealed.
26. Changes concerning application of the Act
In section 5 of the Meat Industry Act 1993—
(a) sub-section (1)(a)(ii) is repealed;
(b)
for sub-sections (2)(a) and (b) substitute— "(a) an owner, or a class of owners, of a
meat processing facility; or
(b)
a meat processing facility or a class of a meat processing facility.".
27. Insertion of section 10A
After section 10 of the Meat Industry Act 1993 insert—
Food (Amendment) Act 1997
| s. 28 | Act No. 98/1997 |
"10A. Minister may require certain premises to have quality assurance program
(1) The Minister may, by notice published in the
Government Gazette, declare that a class of—
(a) butcher shops; or
is to have a quality assurance program. places at which the predominant of manufactured meat, other than places that are solely used to store food in a chilled or frozen state— (b)
(2) In making a declaration, the Minister must specify that the declaration is to take effect on a specified date on or after the making of
the declaration.
(3) The Authority must not grant a licence to, or
renew the licence of, a person to operate a
declared facility at a premises on or after the
date the premises becomes a declared facility
unless it has approved a quality assurance
program for the premises.".
28. Additional requirements for certain quality assurance programs
(1) After section 11(1)(g) of the Meat Industry Act 1993 insert— "(h) in the case of a declared facility, strategies
for the training of the staff at the facility in
food handling.".
(2) After section 11(3) of the Meat Industry Act
1993 insert—
"(4) In the case of a declared facility, if food
other than unmixed or manufactured meat is
produced, processed or sold at the facility,
Food (Amendment) Act 1997
Act No. 98/1997 s. 29 the quality assurance program must, in
respect of that other food, do all of the things
listed in section 19D (other than section19D(f)) of the Food Act 1984.".
29. Insertion of section 12A
After section 12 of the Meat Industry Act 1993 insert—
"12A. Audit of quality assurance programs of
declared facilities
(1) The Authority may require any person
holding a licence for a declared facility with
a quality assurance program to have the
program audited for the purpose of
determining whether the program—
(a) has been complied with during the period covered by the audit; and (b) is still adequate at the date of the audit. (2) Such a requirement—
(a) must be made in writing; and
(b)
may be made on a one-off basis or may require an audit to be performed annually or at any other specified frequency; and
(c)
must specify the minimum qualifications or experience that must be held by the person who is to conduct any required audit; and
(d)
may impose restrictions on who may conduct any required audit; and
(e)
must specify by when, how and by whom the results of any required audit are to be reported to the Authority.
Food (Amendment) Act 1997
| s. 30 | Act No. 98/1997 |
(3) The Authority may vary any requirement at
any time by giving the licensee written
notice of the variation.".
30. Consequential amendments concerning declared
facilities(1) In section 14(2)(c)(ii) of the Meat Industry Act 1993, after "application relates to a" insert "declared facility,".
(2) At the end of section 20 of the Meat Industry Act 1993 insert— "(2) The Authority may refuse to renew a licence
for a declared facility if—
(a) the licence holder has failed to comply with a condition of the licence; or (b) the licence holder has not complied with a requirement made by the Authority under section 12A; or (c) an audit of the quality assurance program for the facility indicates that there has been a failure to comply with the program, or that the program is not adequate.". (3) After section 22(2)(d) of the Meat Industry Act
1993 insert—
"(e) in the case of a declared facility, the licensee
has not complied with a requirement made
by the Authority under section 12A.".
31. Insertion of section 37A
After section 37 of the Meat Industry Act 1993 insert—
Food (Amendment) Act 1997
Act No. 98/1997 s. 32 "37A. Ban on sale of certain meat at butcher
shops
A person at a butcher shop must not sell any meat that is unfit for human consumption, regardless of whether or not the meat is intended to be consumed by humans.
Penalty:
First offence: 100 penalty units; Subsequent offence: 500 penalty units or 24 months imprisonment or both.".
Division 2—Further Amendment to the Food Act 1984
32. Change to registration exemption
For section 38(5) of the Food Act 1984
substitute—"(5) A premises used solely as a meat processing
facility within the meaning of the Meat licence is in force under that Act is exempt from the requirement to be licensed under this Act while that licence is in force.".
33. New section 43A inserted
After section 43 of the Food Act 1984 insert—
"43A. Transitional provision
(1) This section applies if a premises that was
registered under this Act immediately before
section 33 of the Food (Amendment) Act
1997 came into operation becomes a meat
processing facility within the meaning of the
Meat Industry Act 1993 as a result of the
amendments made by section 25 of the Food
(Amendment) Act 1997.
Food (Amendment) Act 1997
| s. 33 | Act No. 98/1997 |
(2) Until the registration of the premises under
this Act expires or is suspended or
revoked—
(a) this Act continues to apply to the premises; and (b) continue to do anything at the premises
that he, she or it was entitled to dothe proprietor of the premises may section 33 of the Food (Amendment) Act 1997 came into operation, despite anything to the contrary in section 40 of the Meat Industry Act 1993.".
_______________
Food (Amendment) Act 1997
Act No. 98/1997 s. 34
PART 5—OTHER AMENDMENTS
Division 1—Amendments to the Dairy Industry Act 1992
34. Change to the functions of the Victorian Dairy Industry Authority
(1) After section 6(1)(i) of the Dairy Industry Act 1992 insert— "(j) in consultation with the Secretary to the
Department of Human Services or a municipal council, protect public health.".
(2) In section 6(2) of the Dairy Industry Act 1992, for "and (1)(i)" substitute "(1)(i) and (1)(j)".
35. Change to powers of authorised officers
In section 64(2) of the Dairy Industry Act 1992, after "under this Act" insert "or any other Act".
Division 2—Other Amendments to the Meat Industry Act
1993
36. Changes to the functions of the Authority
In section 44 of the Meat Industry Act 1993—
(a) in paragraph (a), after "for consumption" insert "or sale"; (b) after paragraph (g) insert— "(ga) in consultation with the Secretary to the Department of Human Services or a municipal council, to protect public health; and";
(c) for paragraph (i) substitute— "(i) to carry out any other function that is conferred on the Authority by this Act or the regulations or by any other Act
Food (Amendment) Act 1997
| s. 37 | Act No. 98/1997 |
| or the regulations made under any other Act". |
37. Functions of inspectors
After section 70(4) of the Meat Industry Act
1993 insert—"(5) An inspector has the powers, functions and
duties conferred or imposed by or under this
Act or any other Act.".
38. Expansion of inspector's powers
In section 72(2)(b)(i) of the Meat Industry Act 1993, after "is being processed" insert "or sold".
Division 3—Statute Law Revision
39. Repeal of spent provisions
Division 1 of Part 9, section 84 and Schedule 2 of the Meat Industry Act 1993 are repealed.
═══════════════
Food (Amendment) Act 1997
Act No. 98/1997 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 15 October 1997
Legislative Council: 19 November 1997
The long title for the Bill for this Act was "to amend the Food Act 1984, the Meat Industry Act 1993 and the Dairy Industry Act 1992 and for other purposes."
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