18HExemptions

18H Exemptions Sections 18D(1) and 18F(1) do not apply in relation to standard food items sold— (a) by a food business operated by the same business operating the cinema at which the food business is located; or (b) by a food business, or that part of a food business, that provides food catering services; or (c) at a food vending machine; or (d) at a temporary food premises; or (e) at a mobile food premises; or (f) at a service station by a business selling petrol or other fuel for motor vehicles; or (g) by a not-for-profit food business providing services delivering meals to persons in their homes; or (h) by a prescribed food business or food premises or a prescribed class of food business or food premises. Pt 3 (Heading and ss 18, 19) amended by Nos 10262 s. 4, 16/1986 s. 30, 57/1989 s. 3(Sch. items 79.1, 79.2), 13/1994 s. 6, 20/1995 ss 6, 7, 98/1997 ss 16(a), 17(a)–(c), 18(1)(c)(d), 14/2001 s. 9(a)–(h), 24/2003 s. 91, substituted as Pt 3 (Heading and ss 19, 19A) by No. 42/2009 s. 9. Part III—Orders S. 19 substituted by No. 42/2009 s. 9. 19 Orders relating to food premises (1) This section applies if the relevant authority is satisfied from the report of an authorized officer that— (a) a food premises is in an unclean or unsanitary condition or in a state of disrepair; or (b) food being prepared, sold or otherwise handled at a food premises is unsafe or unsuitable; or (c) food is prepared, sold or otherwise handled at a food premises in a manner that makes it likely the food is unsafe or unsuitable. (2) The relevant authority may by written order direct that, within a specified time, either or both of the following things must be done— (a) the food premises must be put into a clean and sanitary condition or be altered or improved to the satisfaction of an authorized officer; (b) specified steps must be taken to ensure that food prepared, sold or otherwise handled at the food premises is safe and suitable. (3) The relevant authority may in an order made under subsection (2) or in a subsequent written order direct that until the matters referred to in subsection (2) are complied with— (a) the food premises must not be kept or used for the sale, or the handling for sale, of any food; or (b) the food premises must not be kept or used for the preparation of food; or (c) the food premises must not be used for a specified purpose or for the use of any specified equipment or a specified process. (4) If an order under this section includes a direction under subsection (3)(a) or (3)(b)— (a) in any case— (i) the relevant authority may direct that a copy of the order be affixed to a conspicuous part of the premises in such a manner that the order can be read by a member of the public from outside the premises; and S. 19(4)(a)(ia) inserted by No. 6/2024 s. 31(1). (ia) the relevant authority may direct that a copy of the order be displayed at any point of sale of the food premises, whether physical or otherwise; and S. 19(4)(a)(ib) inserted by No. 6/2024 s. 31(1). (ib) if the food business has an Internet site, the relevant authority may direct that a copy of the order be published on the food business's Internet site; and S. 19(4)(a)(ii) amended by No. 6/2024 s. 31(2). (ii) the relevant authority may, by notice published in a newspaper, on the Internet site of the relevant authority or by any other means, inform the general public that the order has been made and the terms of the order; S. 19(4)(b) amended by Nos 60/2012 s. 54(1), 6/2024 s. 31(3). (b) if the relevant authority is not the Secretary, the relevant authority must notify the Secretary of the making of the order; S. 19(4)(ba) inserted by No. 6/2024 s. 31(4). (ba) the Secretary may publish on the Department's Internet site a copy of the order; (c) if the relevant authority is not the registration authority for the premises, the relevant authority must notify the registration authority of— (i) the making of the order; and (ii) any appeal made under section 19BA against the order and the outcome of the appeal. Under section 43(2) the record of registration maintained by the registration authority in respect of a food premises must include the details of any order in force under this section that includes a direction under subsection (3)(a) or (b) in relation to the premises. (5) An order under this section takes effect— S. 19(5)(a) amended by No. 6/2024 s. 31(5). (a) when it is given to or served on the proprietor of the food premises, including by sending it by electronic communication to the proprietor at the proprietor's usual or last known electronic address; or (b) if the name and address of the proprietor is unknown, when it is affixed to the premises. (6) If satisfied that an order made under this section has been complied with, the relevant authority must— (b) give written notice of the revocation of the order in the same manner in which the order was given or served. (7) A person must not contravene an order made under this section. (8) A person must not remove the copy of an order affixed to a food premises under subsection (4)(a)(i) while that order remains in force. (9) For the purposes of this section, ***relevant authority*** means any one of the following— (a) the Secretary; (b) the council that is the registration authority for the premises; (c) if the premises is a temporary food premises or a mobile food premises, the council of the municipal district in which the premises is being operated; S. 19(9)(ca) inserted by No. 60/2012 s. 54(2). (ca) DFSV in relation to any food premises in respect of which it has issued a dairy industry licence under Part 3 of the **Dairy Act 2000**; S. 19(9)(cb) inserted by No. 60/2012 s. 54(2). (cb) PrimeSafe in relation to any food premises in respect of which it has issued a licence under Part 4 of the **Meat Industry Act 1993** or a seafood safety licence under Part 3 of the **Seafood Safety Act 2003**; (d) the chief executive officer of a council referred to in paragraph (b) or (c). Note to s. 19 inserted by No. 13/2013 s. 24(7). Section 51B applies to an offence against subsection (7) or (8). S. 19AA inserted by No. 60/2012 s. 55. 19AA Orders relating to premises on which primary food production and related activities are carried out (1) This section applies if the relevant authority is satisfied from the report of an authorized officer that— (a) food being prepared, sold or otherwise handled at any premises is unsafe or unsuitable; or (b) food is being prepared, sold or otherwise handled at any premises in a manner that makes it likely that the food is unsafe or unsuitable; or S. 19AA(1)(c) amended by No. 6/2024 s. 32(1). (c) any premises, or any vehicle, plant, machinery or equipment used on the premises, or any activity conducted on the premises, in connection with any food prepared, sold or otherwise handled at the premises, or any such food, does not comply with an applicable requirement of a primary production and processing standard; or S. 19AA(1)(d) inserted by No. 6/2024 s. 32(2). (d) the prescribed grounds for making an order apply in respect of or at any premises. (2) Subject to subsection (3), the relevant authority, by written order, may direct that, within a specified time, the relevant person in respect of a premises referred to in subsection (1) must do any one or more of the following— (a) take specified steps to ensure that food prepared, sold or otherwise handled at the premises is safe and suitable; (b) take specified steps to ensure that the premises, or any vehicle, plant, machinery or equipment used on the premises in connection with any food prepared, sold or otherwise handled at the premises is cleaned and disinfected or put into an altered condition to the satisfaction of the authorized officer; (c) ensure that any requirement of an applicable primary production and processing standard referred to in subsection (1)(c) is complied with. (3) An order may not be made under subsection (2)(c) in relation to a requirement of an applicable primary production and processing standard, if the relevant person is a person who is exempted from compliance with that requirement by an order made under section 5(5). If a person exempted under section 5(5) from complying with an applicable requirement of a primary production and processing standard does not comply or is not complying with any condition of the exemption, the exemption will no longer be in force and the person will not be exempt from that requirement. The person may then be subject to a direction under this section if there has been non-compliance with that requirement. (4) The relevant authority, in an order under subsection (2) or a subsequent written order, may direct that, until the directions in subsection (2) are complied with, the relevant person in respect of the premises referred to in subsection (2) must ensure that— (a) the premises or a specified area of the premises is not used for the preparation, sale or other handling of food or an activity connected with food specified in the order; or (b) any vehicle, plant, machinery or equipment on the premises is not used in connection with the preparation, sale or other handling of food or an activity connected with food specified in the order; or (c) any food or class of food specified in the order is not removed from the premises, for any purpose (including any purpose specified in the order) or in any circumstances specified in the order, for the period of time that is specified in the order*.* (5) An order under this section— (a) must be served on the relevant person in respect of the premises to which the order applies; or (b) if the name and address of the relevant person is unknown, must be affixed to a conspicuous part of the premises to which the order applies. (6) An order under this section takes effect when it is served or affixed (as the case may be) in accordance with subsection (5). (7) If satisfied that an order made under this section has been complied with, the relevant authority must— (b) give written notice of the revocation of the order in the same manner in which the order was served. (8) A person must not contravene an order made under this section. Penalty: 120 penalty units. (9) A person (other than the relevant person to whom the order applies) must not remove an order affixed to a premises under subsection (5)(b) while that order remains in force. Penalty: 60 penalty units. (10) In this section— ***premises*** means any premises on which an activity, to which a primary production and processing standard applies, is conducted; S. 19AA(10) def. of *relevant authority* amended by Nos 2/2017 s. 16(6), 38/2020 s. 8, 44/2024 s. 16. ***relevant authority*** means any one of the following— (a) in the case of a premises used solely for the purposes of a primary food production business— (i) the Secretary DEECA; (ii) a declared authority; (b) in the case of a food premises— (i) the Secretary DEECA; (ii) the Secretary DH; (iii) a declared authority; (iv) the council that is the registration authority for the premises; (v) the chief executive officer of a council referred to in subparagraph (iv); ***relevant person*** means the person who, on a premises, is conducting an activity to which a primary production and processing standard applies. Note to s. 19AA inserted by No. 13/2013 s. 24(8). Section 51B applies to an offence against subsection (8) or (9). New s. 19A inserted by No. 42/2009 s. 9. 19A Orders relating to food vending machines and other equipment (1) This section applies if an authorized officer is satisfied that a food vending machine or other equipment is in an unclean or unsanitary condition, or in a state of disrepair. (2) The authorized officer may by written order direct that, by a specified time, the food vending machine or other equipment be put into a clean and sanitary condition or be altered or improved to the satisfaction of the authorized officer. (3) An authorized officer may in an order made under subsection (2) or in a subsequent written order, direct that until the matters referred to in subsection (2) are complied with— (a) the food vending machine must not be kept or used for the sale or the storing, serving or supplying for sale of— (i) any food; or (ii) food specified in the order; or (b) the equipment must not be used in or in connection with the sale, or the handling for sale, of any food or the cleaning of any other equipment. (4) If an authorized officer makes an order that includes a direction under subsection (3)(a)(i), the authorized officer— (a) may affix a copy of the order to a conspicuous part of the machine in such a manner that the order can be read by a member of the public; and (b) must notify the registration authority of— (i) the making of the order; and (ii) any appeal made under section 19BA against the order and the outcome of the appeal. Under section 43(2), the record of registration maintained by the registration authority in respect of a food vending machine must include the details of any order in force under this section that includes a direction under subsection (3)(a)(i) in relation to the machine. (5) An order under this section takes effect— (a) when it is given to or served on the proprietor of the food vending machine or equipment; or (b) if the name and address of the proprietor is unknown, when it is affixed to a conspicuous part of the machine or equipment. (6) If satisfied that an order made under this section has been complied with, the authorized officer must— (b) give written notice of the revocation of the order in the same manner in which the order was given or served. (7) A person must not contravene an order made under this section. (8) A person must not remove the copy of an order affixed to a food vending machine under subsection (4)(a) while that order remains in force. Note to s. 19A inserted by No. 13/2013 s. 24(7). Section 51B applies to an offence against subsection (7) or (8). Pt 3A (Heading) repealed by No. 42/2009 s. 10. Pt 3A (Heading and ss 19A, 19B) inserted by No. 20/1995 s. 8. S. 19A inserted by No. 20/1995 s. 8, repealed by No. 14/2001 s. 9(i). S. 19B (Heading) inserted by No. 42/2009 s. 11(1). S. 19B inserted by No. 20/1995 s. 8. 19B Orders relating to food handlers S. 19B(1) amended by No. 14/2001 s. 9(j). (1) If an authorised officer is satisfied that there has been a contravention of this Act in relation to a person employed or engaged to handle unpackaged food, he or she may by order in writing direct that specified steps be taken— (a) to ensure that that person or his or her clothing is put in a clean and sanitary condition; or (b) to alter or improve the method of handling of unpackaged food by that person; or S. 19B(1)(c) amended by No. 14/2001 s. 9(k). (c) to ensure that that person ceases to handle unpackaged food until diagnosed by a registered medical practitioner as not suffering from a condition that is liable to render unpackaged food unsafe or unsuitable. S. 19B(2) amended by No. 14/2001 s. 9(l). (2) An order under this section takes effect when it is given to or served on the proprietor of the food premises or food vending machine. (3) If the authorised officer is satisfied that an order made under this section with respect to a person has been complied with, he or she must— (a) forthwith revoke the order; and (b) give written notice of the revocation of the order in the same manner in which the order was given or served under this section. S. 19B(4)–(6) repealed by No. 42/2009 s. 11(2). (7) A person must not contravene an order made by an authorised officer under this section. 1. For a first offence 25 penalty units, and for a second or subsequent offence 50 penalty units. Note to s. 19B(7) inserted by No. 13/2013 s. 24(4). S. 19BA inserted by No. 42/2009 s. 12 (as amended by No. 69/2009 s. 54(Sch. Pt 1 item 25)). 19BA Appeals against orders (1) Any person who is aggrieved by an order made under this Part may, within 21 days after the order is made, appeal to the Magistrates' Court. (2) On an appeal under subsection (1), the court must— (a) reconsider the decision of the person who made the order; and (b) hear any relevant evidence tendered by— (i) the person aggrieved; or (ii) the person who made the order. (3) If notice of an order has been published under section 19(4)(a)(ii) and the order is varied or revoked by the court, the person who made the order must give notice of the variation or revocation of the order to the general public in the same manner as the original notice. (4) The costs of, and incidental to, an appeal under subsection (1) are in the discretion of the Magistrates' Court. (5) Nothing in subsection (2)(b) prevents the application of Part 3.10 of the **Evidence Act 2008**. New Pt 3A (Heading and ss 19BB, 19BC) inserted by No. 42/2009 s. 34. Part IIIA—Undertakings S. 19BB inserted by No. 42/2009 s. 34. 19BB Secretary may accept undertaking (1) The Secretary may accept a written undertaking given by a person in connection with a matter relating to a contravention, or alleged contravention, of section 13, 16(3) or 16(4) or any prescribed provision. (2) The undertaking must specify— S. 19BB(2)(a) amended by No. 60/2012 s. 56. (a) the premises or food business to which the undertaking relates; and (b) the action proposed to be taken; and (c) the timeframe in which the proposed action is to be taken; and (d) any other relevant matter. (3) The person may, with the Secretary's consent, withdraw or vary the undertaking at any time. (4) While the undertaking is in force, a proceeding may not be brought for an offence relating to the matter referred to in subsection (1). (5) The Secretary may in writing authorise the Director of Consumer Affairs, either generally or for a specific case, to accept an undertaking under this section. (6) The Secretary may in writing authorise a council, either generally or for a specific case, to accept an undertaking under this section in circumstances where the council is the registration authority for the food premises. (7) An authorisation given by the Secretary under subsection (6) may be subject to any conditions and limitations imposed by the Secretary. S. 19BC inserted by No. 42/2009 s. 34. 19BC Consent orders and enforcement of undertaking (1) The Secretary, with the consent of the person who gave an undertaking, may apply at any time to the Magistrates' Court for an order directing the person to comply with the undertaking. (2) On an application under subsection (1), the Magistrates' Court may by order direct the person who gave the undertaking to comply with the order. (3) If the Secretary considers that the person who gave the undertaking has breached any of its terms, the Secretary may apply to the Magistrates' Court for an order under subsection (4). (4) If the Magistrates' Court is satisfied that the person has breached a term of the undertaking, the Magistrates' Court may make— (a) an order that the person comply with the undertaking or take specified action to comply with the undertaking; or (b) any other order that the Magistrates' Court considers appropriate. (5) A person who has accepted an undertaking under the authorisation of the Secretary may exercise the powers and discretions of the Secretary under this section in relation to that undertaking. Pt 3B (Heading and ss 19C–19W) inserted by No. 98/1997 s. 5, amended by No. 14/2001 ss 10–19, substituted by No. 42/2009 s. 13. Part IIIB—Food safety Division 1—Classification of food premises S. 19C substituted by No. 42/2009 s. 13. 19C Declaration of classes of food premises (1) The Secretary may, by notice published in the Government Gazette, declare classes of food premises having regard to— (a) the food handling activities undertaken at the premises and in particular the degree of risk associated with those activities; (b) the nature of the food business operating from the premises; (c) any other relevant considerations. (2) For each declared class of food premises, the Secretary may specify— (a) whether food premises of that class are required— (i) to keep the minimum records required under Division 2; or (ii) to have a food safety program; (b) whether food premises of that class are required to have a food safety supervisor; S. 19C(2)(c) amended by No. 38/2020 s. 9(1). (c) whether food premises of that class are exempt from the requirement under section 39 to be inspected during the period of registration. (3) In addition, for any declared class of food premises required to have a food safety program, the Secretary must specify— S. 19C(3)(a) amended by No. 38/2020 s. 9(2). (a) the food safety program type or types that may be used for the premises; and (b) the requirements for the audit or assessment of the premises as provided in section 19H. (4) A declaration, or a variation to a declaration, under this section may only be made after the Secretary has complied with section 19CA. S. 19CA inserted by No. 42/2009 s. 13. 19CA Notice of intention to make or vary declaration of classes of food premises (1) If the Secretary intends to make or vary a declaration under section 19C, notice of the Secretary's intention must be published in— (a) the Government Gazette; and (b) a newspaper circulating generally in Victoria. (2) The notice must state— (a) the proposed declaration or variation to the declaration; and (b) that submissions may be made to the Secretary regarding the proposed declaration or variation within a period of at least 60 days specified in the notice; and (c) if subsection (4) applies, that the proposed declaration or variation takes effect immediately pending the consideration of submissions by the Secretary. (3) After considering any submissions made in response to the notice, the Secretary must— (a) make the declaration or the variation to the declaration as originally notified or with any modifications the Secretary considers necessary; or (b) state in a notice published in the Government Gazette that the Secretary will not be proceeding with the declaration or variation notified under subsection (2). (4) If the Secretary is satisfied that there are urgent reasons for making a declaration or variation to a declaration, a notice given under this section may specify that the proposed declaration or variation takes effect immediately. (5) If subsection (4) applies, the proposed declaration or variation remains in effect for 6 months unless, in the meantime, the Secretary— (a) makes a declaration under section 19C giving effect to the proposed declaration or variation as originally notified or with modifications; or (b) gives notice under subsection (3)(b) that the declaration or variation is not proceeding. Division 2—Minimum record keeping S. 19CB inserted by No. 42/2009 s. 13. 19CB Minimum record keeping (1) The Secretary may declare, by notice published in the Government Gazette, the record keeping requirements for food premises that are required by a declaration under section 19C to keep minimum records. (2) The notice must specify— (a) the records that must be kept; and (b) the period for which the records must be kept. (3) The Secretary may specify in the notice different minimum record keeping requirements for different food premises depending on— (a) the declared class of food premises to which the premises belong; (b) the food handling activities undertaken at the premises. (4) The proprietor of a food premises required to keep minimum records must— (a) maintain the records as required by the notice, including keeping the records for the duration required in the notice; and (b) if requested to do so by the registration authority, provide to the registration authority a copy of the records within the time specified in the request. (5) A failure to comply with subsection (4) is a ground for— S. 19CB(5)(a) amended by No. 38/2020 s. 10. (6) The proprietor of a food premises required to keep minimum records must ensure that the required records are kept at the premises to which they relate. Note to s. 19CB(6) inserted by No. 13/2013 s. 24(4). Division 3—Food safety programs S. 19D substituted by No. 42/2009 s. 13. 19D Food safety programs A food safety program for a food premises is a written document that— (a) systematically identifies the potential hazards that may be reasonably expected to occur in each food handling operation that is to be, or that is being, conducted at the premises; (b) specifies where, in a food handling operation, each hazard identified under paragraph (a) can be controlled and the means of control; (c) provides for the systematic monitoring of those controls; (d) provides for appropriate corrective action when each hazard indentified under paragraph (a) is found not to be under control; (e) provides for the regular review of the program by the proprietor of the food premises; (f) provides for appropriate records to be made and kept by the proprietor of the food premises demonstrating action taken in relation to, or in compliance with, the food safety program. S. 19DB substituted by No. 42/2009 s. 13. 19DB Registration of food safety program templates (1) The Secretary may register a food safety program template by publishing a notice in the Government Gazette— (a) stating that the template is registered for use; and (b) specifying the classes or categories of food businesses in respect of which the template is suitable for use. (2) The notice must contain sufficient detail to enable the food safety program template to which it refers to be readily identified. (3) If the Secretary revokes the registration of a food safety program template, any standard food safety program that was created using the template before the template was revoked ceases to be a standard food safety program on the date of expiry of the registration of the premises to which the standard food safety program relates. S. 19DB(4) inserted by No. 38/2020 s. 11. (4) The Secretary must not register a food safety program template until the fee (if any) prescribed in the regulations in respect of the registration has been paid. S. 19DC substituted by No. 42/2009 s. 13. 19DC Standard food safety programs (1) A standard food safety program is a food safety program for a food premises that has been created using a registered food safety program template. (2) The standard food safety program must comply with the following conditions— (a) the program must be created in accordance with the instructions set out in the food safety program template; and (b) the food safety program template must be registered under section 19DB as suitable for use in respect of the class or category of food business that is being carried out at, on or from the food premises. S. 19DD inserted by No. 42/2009 s. 13. 19DD QA food safety program (1) The Secretary may, by notice published in the Government Gazette, declare that a specified quality assurance system or code may be used to develop a food safety program. (2) A QA food safety program is a food safety program for a food premises that has been issued with a certificate by an approved food safety auditor stating that the program— (a) has been developed— (i) under a quality assurance system or code specified in a declaration under subsection (1); and (ii) in accordance with the purpose and terms of that system or code; and (b) meets all the requirements under section 19D. (3) A certificate under subsection (2) remains in force for the audit interval applying to the food premises under section 19H. S. 19E substituted by No. 42/2009 s. 13. 19E Requirement for food safety program (1) The proprietor of a food premises required by a declaration under section 19C to have a food safety program must— (a) ensure that there is a food safety program for the premises that meets the requirements of section 19D; S. 19E(1)(b) amended by No. 38/2020 s. 12(1). (b) ensure that the food safety program is of the food safety program type permitted by a declaration under section 19C to be used by the premises; (c) comply with the food safety program; (d) if requested to do so by the registration authority, provide to the registration authority a copy of the food safety program for the premises within the time specified in the request. (2) The proprietor of a food premises complies with subsection (1)(a) if the proprietor uses— (a) a standard food safety program for the premises that complies with section 19DC(2); or (b) a QA food safety program for the premises. (3) If a certificate issued by a food safety auditor states that at the date of the audit— (a) a food safety program for a premises meets the requirements of section 19D; or (b) a standard food safety program for a premises complies with section 19DC(2)— the proprietor of the premises is taken to be complying with subsection (1)(a) on that date. (4) A failure to comply with subsection (1) is a ground for— S. 19E(4)(a) amended by No. 38/2020 s. 12(2). S. 19EA inserted by No. 42/2009 s. 13. 19EA Revision of food safety program (1) This section applies if there is a change in the activities carried out at a food premises required by a declaration under section 19C to have a food safety program. (2) The proprietor must ensure that the food safety program for the premises is reviewed and, if necessary, revised to enable it to continue to meet the requirements of section 19D. S. 19EA(3) amended by No. 38/2020 s. 13. (3) If the proprietor of a food premises is required under section 38A(6) or 38A(7) to provide a food safety program to the registration authority with an application for registration, the proprietor must give the registration authority a copy of any significant revision that is made to the food safety program within 14 days after the revision is made. (4) A failure to comply with subsection (2) or (3) is a ground for— (a) the refusal of the renewal of the registration of the premises; S. 19F substituted by No. 42/2009 s. 13. 19F Food safety program must be kept at premises The proprietor of a food premises required by a declaration under section 19C to have a food safety program must ensure that the food safety program is kept at the premises to which it relates. Note to s. 19F inserted by No. 13/2013 s. 24(9). S. 19FA inserted by No. 6/2024 s. 33. 19FA Proprietor to comply with written direction of registration authority (1) A registration authority, in writing, may direct a proprietor of a food premises to— (a) revise the food safety program for the premises if, in the opinion of the Secretary or the registration authority, the food safety program for the premises is not or is no longer adequate; or (b) comply with any requirements specified in the food safety program. (2) A direction given under subsection (1) must specify a time limit for compliance with the direction, which must be at least 28 days. (3) If the proprietor of a food premises fails to comply with a direction given under subsection (1) within the specified time limit, the registration authority may— (a) refuse to approve an application for— (i) registration of the premises; or (ii) renewal of registration of the premises; or (b) revoke a registration granted in respect of the premises; or (c) suspend the registration of the premises. Division 4—Food safety supervisors S. 19G substituted by No. 42/2009 s. 13. 19G Food safety supervisors (1) A food safety supervisor is a person who, in relation to a food premises— (a) knows how to recognise, prevent and alleviate the hazards associated with the handling of food at, or from, that premises; and (b) has met an appropriate food safety competency standard for premises of the same nature as the premises; and (c) has the ability and the authority to supervise other people handling food at, or from, the premises and to ensure that that handling is done safely. (2) In this section, ***food safety competency standard*** means a food safety competency standard approved in writing by the Secretary or 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. S. 19GA substituted by No. 42/2009 s. 13. 19GA Requirement for food safety supervisor (1) Subject to subsection (2), the proprietor of a food premises required by a declaration under section 19C to have a food safety supervisor must ensure that there is a food safety supervisor for the premises. (2) A food safety supervisor is not required for a food premises for which a QA food safety program is used that includes competency based or accredited training for staff of the premises. (3) The food safety supervisor for a premises may be the proprietor of the premises. (4) A failure to comply with this section is a ground for— S. 19GA(4)(a) amended by No. 38/2020 s. 14. S. 19GB substituted by No. 42/2009 s. 13. 19GB Name of supervisor to be provided on request The proprietor of a food premises that is required under section 19GA(1) to have a food safety supervisor must give the registration authority written details of the name and qualifications of the current food safety supervisor for the premises within 7 days of being asked in writing to do so by the registration authority. Note to s. 19GB inserted by No. 13/2013 s. 24(9). Division 5—Assessment and audit of food premises S. 19H substituted by No. 42/2009 s. 13. 19H Assessment and audit requirements for food premises (1) This section applies if a class of food premises is declared under section 19C and, under the declaration, food premises of that class are required to have a food safety program. S. 19H(2) amended by No. 38/2020 s. 15. (2) The declaration may specify for each food safety program type permitted to be used by the food premises— (a) whether food safety assessments of the food premises are required to be conducted and, if so, the frequency and timing of the assessments; (b) whether food safety audits of the food premises are required to be conducted and, if so, the frequency and timing of the audits. (3) The declaration may specify the circumstances in which a food safety assessment may be conducted by a food safety auditor. (4) For the purposes of subsection (2), the declaration may specify— (a) default requirements relating to the frequency and timing of the assessments or audits; and (b) the range of frequencies and intervals that otherwise may be applied by the registration authority for any particular food premises. (5) In determining the frequency and intervals of the assessments and audits that are to apply to a food premises for the purposes of subsection (4)(b), the registration authority must take into account— (a) the food safety performance of the food business operating from the premises; The registration authority may take into account past failures by the proprietor of the food business to comply with food safety programs or any other relevant requirements of this Act (including the Food Standards Code) or the regulations. (b) any guidelines issued by the Secretary in a notice published in the Government Gazette for this purpose. S. 19HA substituted by No. 42/2009 s. 13. 19HA Food safety assessments and food safety audits (1) A food safety assessment is an assessment of a food premises conducted for the purposes of this Act to determine— (a) whether the food safety requirements applying to the premises have been complied with; and (b) in the case of a premises using a standard food safety program, whether the food safety program complies with section 19DC(2). Under section 19DC(2), a standard food safety program must be created using a food safety program template registered under section 19DB as suitable for the food business being carried out at, on or from the food premises and the food safety program must be created in accordance with the instructions set out in the template. (2) A food safety audit is an audit of a food premises conducted for the purposes of this Act to determine— (a) whether the food safety requirements applying to the premises have been complied with; and (b) whether the food safety program for the premises is adequate. (3) For the purposes of a food safety assessment or food safety audit conducted under this Division— (a) the food safety requirements applying to a food premises have been complied with if— (i) the food safety program for the premises has been complied with during the period covered by the applicable food safety assessment or food safety audit; and (ii) if relevant, appropriate action has been taken to remedy any deficiencies identified in any previous food safety assessment or food safety audit; and (iii) the applicable provisions of the Food Safety Standards are being complied with; and (b) a food safety program is adequate if it meets the requirements specified in section 19D. S. 19I substituted by No. 42/2009 s. 13. 19I Requirement for food safety assessment (1) This section applies to a food premises that is required by a declaration under section 19C to have a food safety assessment conducted. (2) Subject to section 19J, a food safety assessment of the premises must be conducted by the registration authority as required under section 19H. (3) A food safety assessment conducted under this section by the registration authority is an inspection for the purposes of this Act. S. 19IA substituted by No. 42/2009 s. 13. 19IA Deficiencies identified in food safety assessment by registration authority (1) This section applies if the registration authority is of the opinion, after conducting a food safety assessment of a food premises, that— (b) in the case of a food premises using a standard food safety program, the food safety program does not comply with section 19DC(2). (2) Subject to subsection (3), the registration authority must give written notice to the proprietor of the food premises— (c) advising that the deficiencies must be remedied— (i) in the case where the registration authority is of the opinion that a serious threat to public health exists on the food premises, as soon as practicable; or (ii) in any other case, within the period specified in the notice. (3) A notice under subsection (2) is not required if the registration authority has taken other appropriate action in relation to the deficiencies. The registration authority has made an order under Part III in relation to the deficiencies. (4) A failure to comply with a notice given by the registration authority under subsection (2) is a ground for— S. 19IA(4)(a) amended by No. 38/2020 s. 16. S. 19J substituted by No. 42/2009 s. 13. 19J Food safety assessment conducted by food safety auditor (a) a food premises is required by a declaration made under section 19C to have a food safety assessment conducted; and (b) under the declaration, the assessment may be conducted by a food safety auditor; and (c) at the time of the registration of the food premises, the proprietor has elected to have the assessment conducted by a food safety auditor. (2) The proprietor of the food premises must ensure that a food safety assessment of the premises is conducted as required under section 19H by a food safety auditor. (3) A failure to comply with subsection (2) is a ground for— S. 19J(3)(a) amended by No. 38/2020 s. 17. (4) If a food safety auditor is of the opinion, after conducting a food safety assessment of a food premises, that— (a) the food safety requirements applying to the premises have been complied with; or (b) in the case of a food premises using a standard food safety program, the food safety program complies with section 19DC(2)— the auditor must give the proprietor of the premises a certificate confirming that opinion. S. 19JA inserted by No. 42/2009 s. 13. 19JA Deficiencies identified in food safety assessment by food safety auditor (1) This section applies if a food safety auditor is of the opinion, after conducting a food safety assessment of a food premises, that— (b) in the case of a food premises using a standard food safety program, the food safety program does not comply with section 19DC(2). (2) The auditor must give written notice to the proprietor of the premises— (c) advising that the deficiencies must be remedied— (i) in the case where the auditor is of the opinion that a serious threat to public health exists on the food premises, as soon as practicable; or (ii) in any other case, within the period specified in the notice. (3) Within 14 days of the expiry of the period specified in the notice, the food safety auditor must check to see whether the deficiencies have been remedied. (4) Sections 19M(6), 19M(7) and 19M(8) apply to the assessment as if it were an audit and the reference in section 19M(7)(a) to subsections (2)(b) and (2)(c) of that section were a reference to subsections (2)(b) and (2)(c) of this section. (5) Despite subsection (4), a certificate given to the proprietor of a food premises in relation to a food safety assessment conducted under this section does not need to address the adequacy of the food safety program for the premises. S. 19K substituted by No. 42/2009 s. 13.