Victorian Numbered Acts Victorian Numbered ActsFor sections 38A, 38B and 39 of the Food Act 1984 substitute —
(1) This section applies to an application for the registration or transfer of registration of a food premises under this Act.
(2) In addition to the information required under this section, the application must contain the information and be accompanied by the documents required under section 36.
(3) If the application is for a food premises that is required to have a food safety program, the proprietor must state in the application—
(a) whether the food safety program intended to be used for the premises is—
(i) a standard food safety program; or
(ii) a non-standard food safety program; and
(b) if a non-standard food safety program is intended to be used, whether it is a QA food safety program.
(4) If a standard food safety program is intended to be used for the premises, the proprietor must—
(a) state in the application which registered food safety program template has been used to create the food safety program; and
(b) if requested by the registration authority, provide to the registration authority the completed template.
(5) If a QA food safety program is intended to be used for the premises, the proprietor must provide to the registration authority a certificate from a food safety auditor issued under section 19DD.
Note
If the certificate is not available at the time the application is made the registration authority may register the business on a conditional basis under section 38E.
(6) If a non-standard food safety program other than a QA food safety program is intended to be used for the premises, the proprietor must either—
(a) include with the application a copy of the food safety program for the premises for assessment by the registration authority prior to registration; or
(b) unless subsection (7) applies,
provide to the registration authority a certificate from a food safety auditor
stating that the food safety program for the premises meets the requirements
of section 19D.
s. 20
Note
If the certificate is not available at the time the application is made the registration authority may register the business on a conditional basis under section 38E.
(7) A copy of the food safety program must be included with the application for a food premises to which subsection (6) applies, if the premises is of a class of food premises required by a declaration under section 19C to have a food safety assessment conducted by the registration authority under Part IIIB.
(1) Before registering or transferring the registration of a food premises under this Act, the registration authority must—
(a) assess the application and determine to which class of food premises under section 19C the food premises belongs; and
(b) ensure the proprietor has complied with any provisions of section 38A applicable to that class of food premises; and
(c) inspect the premises.
(2) In addition, the registration authority must be satisfied—
(a) if the food safety program intended to be used for the premises is—
(i) a standard food safety program, that the correct template has been used to create the program; or
(ii) a QA food safety program, that a certificate has been issued under section 19DD; or
(iii) any other food safety program, that the food safety program—
(A) has been assessed as adequate by the registration authority; or
(B) has been certified by a food safety auditor as meeting the requirements of section 19D for the premises; and
(b) that all the relevant requirements of this Act with respect to the premises have been complied with.
(1) This section applies to an application for the renewal of registration of a food premises under this Act.
(2) In addition to the information required under this section, the application must contain the information and be accompanied by the documents required under section 36.
(3) If a standard food safety program is used for the premises, the proprietor must state in the application which registered template has been used to create the food safety program.
(1) Before renewing the registration of a food premises under this Act, the registration authority must—
(a) ensure the proprietor has complied with any provisions of section 38C applicable to that class of food premises; and
(b) if required under section 39, inspect the premises in accordance with that section.
(2) In addition, the registration authority must be satisfied—
(a) if the food safety program used for the premises is—
(i) a standard food safety program, that the correct template has been used to create the program; or
(ii) a QA food safety program, that a certificate issued under section 19DD is in force; or
(iii) any other food safety program, that, as a result of the most recent audit, the food safety program has been certified by a food safety auditor as meeting the requirements of section 19D for the premises; and
(b) that any fee for the inspection or assessment of the premises that is due to the registration authority has been paid; and
(c) that all the relevant requirements of this Act with respect to the premises have been complied with; and
(d) that no other ground under Part IIIB for the refusal of the renewal of the registration applies to the food premises.
(3) For the purposes of subsection (2), the registration authority may request copies of any audit reports for the premises.
(1) This section applies if—
(a) in the case of an application for the registration or transfer of registration of a food premises—
(i) the proprietor is required to provide to the registration authority a certificate stating that the food safety program for the premises meets the requirements of section 19D; and
(ii) it is not possible to produce the certificate until after the business has commenced operating from the premises; or
(b) in the case of an application for the renewal of registration of a food premises, the registration authority is satisfied that for reasons beyond the control of the proprietor of the premises, any certificate required to be given before the expiry of the current registration cannot be obtained before then; or
(c) in the case of an application for the renewal of the registration a food premises which under its current registration is not required to have a food safety program, the registration authority has assessed that, because of a change in the food handling activities at the premises, it is now required to have a food safety program.
(2) If the application otherwise meets the requirements of section 38B or 38D, the registration authority may register the food premises on a conditional basis for a specified period not exceeding the prescribed time limit.
(3) It is a condition of registration under subsection (2) that, within the specified period—
(a) in the case of food premises to which subsection (1)(a) or (1)(b) applies, the required certificate is provided to the registration authority; or
(b) in the case of a food premises to which subsection (1)(c) applies—
(i) a food safety program for the premises has been adopted; and
(ii) the requirements under section 38B that would apply to the food safety program if the application were an application for the registration or the transfer of registration of food premises have been met.
(4) If the conditions of registration under subsection (3) are met, the registration authority must register the food premises for the balance of the 12 month period commencing when the registration of the premises would otherwise have taken effect.
(5) For the purposes of this section, the prescribed time limit is—
(a) a period of 3 months; or
(b) a longer period declared by the Secretary by notice in the Government Gazette.
(1) This section applies if—
(a) a food premises has been registered or the registration of the food premises has been renewed; and
(b) a change to the operation of the food premises occurs after the premises is registered or its registration is renewed.
(2) If the proprietor of the food premises knows that, as result of the change, the premises falls within a higher risk classification, the proprietor must notify the registration authority of the change within 14 days of it occurring.
Penalty: 60 penalty units.
Note
Whether a food premises falls within a higher risk classification is determined in the context of any system used by the Secretary in declaring the classes of food premises under section 19C.
(3) If the classification of the food premises has changed as a result, the registration authority—
(a) must note the change to the classification on the certificate of registration of the food premises; and
(b) may require the proprietor of the food premises to comply with any requirements of this Act that would apply if the proprietor were applying for registration of the food premises under the new classification.
(1) This section applies to a food premises that—
(a) is registered under this Act; and
(b) is not of a class which, under the classification under section 19C, is exempt from the requirement to be inspected annually.
(2) The registration authority must carry out an inspection of the premises within 12 months before the registration of the food premises is renewed.
(3) However, the inspection must be carried out within 3 months before the registration of the food premises is renewed if any of the following apply—
(a) the registration authority has reason to believe that the food business or the proprietor has failed to comply with any requirements of this Act, whether or not the failure has occurred in the municipal district of the registration authority or otherwise;
(b) the registration authority has received complaints about the operation of the premises within the previous 12 months;
(c) as a result of a change to the operation of the food premises since the last registration, the food premises falls within a higher risk classification;
(d) other circumstances exist as specified in guidelines issued by the Secretary by notice published in the Government Gazette in relation to inspections.".