Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Food Act 2003 (the Principal Act):

(a) to require the proprietors of certain food businesses to appoint food safety
supervisors who hold certain qualifications and have the authority to supervise
food handling, and

(b) to require that those appointments be notified to relevant enforcement
agencies, and

(c) to allow the Food Authority to approve registered training organisations to
issue food safety supervisor certificates to persons who have the prescribed
qualifications, and

(d) to make other amendments to facilitate the administration of the Act.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

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Food Amendment (Food Safety Supervisors) Bill 2009
Explanatory note
Schedule 1 Amendment of Food Act 2003 No 43
Amendments relating to food safety supervisors
Schedule 1 [4] inserts proposed Division 3 into Part 8 of the Principal Act which
contains the following provisions relating to food safety supervisors:

Proposed section 106 contains definitions of terms used in the proposed Division.

In particular, relevant enforcement agency for a food business means the
enforcement agency specified on the Food Authority’s website as the relevant
enforcement agency for food businesses of the same class. Enforcement agencies
under the Principal Act are the Food Authority, local councils and certain other
bodies that are appointed under the Act as enforcement agencies and bodies
prescribed by the regulations (currently, the Lord Howe Island Board). Temporary
premises means premises comprising a tent or stall or the like from which food is
sold by retail on an occasional basis only, such as for a fete, fair, market or other
event.

Proposed section 106A provides that the proposed Division applies to ready-to-eat
food that is potentially hazardous but does not apply to certain prepackaged food.

Proposed section 106B sets out the criteria for appointing a person as a food safety
supervisor for premises or for a mobile catering business. The person must hold a
food safety supervisor certificate and have the authority to supervise the relevant
food handling activities and ensure that the handling is done safely. In the case of a
food safety supervisor for premises, the person must not hold the position of food
safety supervisor for any other premises. In the case of a food safety supervisor for a
mobile catering business, the person must not hold the position of food safety
supervisor for any other business. A food safety supervisor certificate is a certificate
issued in accordance with the regulations by a registered training organisation
approved under proposed section 106H or by another person or body prescribed by
the regulations.

Proposed section 106C requires the proprietor of a food business to ensure that,
before food to which the proposed Division applies is processed and sold by retail at
premises in the course of carrying on the business, at least one food safety supervisor
is appointed for the premises. The proposed section also requires the proprietor to
ensure that at least one person continues to be appointed as food safety supervisor for
the premises at all times at which food to which the proposed Division applies is
processed and sold from the premises in the course of carrying on the business. A
defence is provided in cases where a food safety supervisor ceases to be appointed
for the premises and the relevant food handling activities are not carried out on the
premises on more than 30 days after that occurs.

Proposed section 106D requires the proprietor of a mobile catering business to
ensure that, before food to which the proposed Division applies is processed in the
course of carrying on the business at least one food safety supervisor is appointed for
the business. The proposed section also requires the proprietor to ensure that at least
one food safety supervisor continues to be appointed for the business at all times that
food to which the proposed Division applies is processed in the course of carrying on

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Food Amendment (Food Safety Supervisors) Bill 2009
Explanatory note
the business. A defence is provided in cases where a food safety supervisor ceases to
be appointed for the business and the relevant food handling activities are not carried
out on more than 30 days after that occurs.

Proposed section 106E requires the proprietor of a food business to give notice to
the relevant enforcement agency of the appointment of a food safety supervisor. The
requirement does not apply to the appointment of a food safety supervisor for
temporary premises or for premises that are a vehicle or vessel from which food is
sold at more than one location.

Proposed section 106F requires the proprietor of a food business to give notice to
the relevant enforcement agency of a change in the particulars provided in relation to
a food safety supervisor. The requirement does not apply to a food safety supervisor
for temporary premises or for premises that are a vehicle or vessel from which food
is sold at more than one location.

Proposed section 106G requires the proprietor of a food business for which a food
safety supervisor is required to be appointed to keep a copy of the relevant food
safety supervisor certificate and produce it for inspection on the request of an
authorised officer of an enforcement agency.

Proposed section 106H enables the Food Authority to approve registered training
organisations (within the meaning of the Vocational Education and Training Act
2005) to issue food safety supervisor certificates. Regulations may be made in
relation to approvals.

Proposed section 106I enables regulations to be made in respect of certain fees and
charges under the proposed Division and provides that no fee or charge is payable in
relation to the giving of notice under proposed section 106E or 106F.

Proposed section 106J enables the regulations to provide for exemptions from all or
any of the provisions of the proposed Division.

Schedule 1 [5] amends section 113A of the Principal Act to require the Food
Authority to keep records of relevant enforcement agencies for the purposes of
proposed Division 3 of Part 8.

Schedule 1 [9] amends Schedule 2 to the Principal Act to provide for specific savings
and transitional provisions relating to the operation of proposed Division 3 of Part 8
and, in particular, to provide 12 month lead-in times for the new offences under the
proposed Division.

Schedule 1 [1]–[3] make consequential amendments.

Other amendments
Schedule 1 [6] amends section 133F of the Principal Act to give the Food Authority
the power to remit the whole or part of any fee accompanying an application to
correct or add to particulars on, or remove particulars from, the register of offences.

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Food Amendment (Food Safety Supervisors) Bill 2009
Explanatory note
Schedule 1 [7] inserts proposed section 137 into the Principal Act to provide for the
way in which documents may be served under that Act.

Schedule 1 [8] amends Schedule 2 to the Principal Act to enable the regulations to
prescribe savings and transitional provisions as a consequence of the enactment of
the proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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