160Prime contractor’s and rail operator’s duties – food or food packaging

160 Prime contractor’s and rail operator’s duties – food or food packaging

(1)  This regulation applies if –

(a) an incident involving a vehicle transporting dangerous goods results in the leakage, spillage or accidental escape of the dangerous goods, or in a fire or explosion; and

(b) there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor or rail operator.

(2)  In the case of a prime contractor, the prime contractor must ensure that food or food packaging is not transported from the site of the incident unless the Competent Authority has given permission to the prime contractor to transport the food or food packaging from the site.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(3)  In the case of a rail operator, the rail operator must –

(a) notify the Competent Authority of the incident as soon as is practicable after the incident; and

(b) deal with the food or food packaging as directed by the Competent Authority.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(4)  A permission under subregulation (2) or a direction under subregulation (3)  –

(a) must be in writing; and

(b) must state the name of the person to whom it is given; and

(c) must identify the relevant incident; and

(d) must identify the food or food packaging to which it relates; and

(e) must take into consideration any requirements of the appropriate food and health authorities; and