19MDeficiencies identified in food safety audit

19M Deficiencies identified in food safety audit

(1) This section applies if a food safety auditor is of the opinion, after conducting a food safety audit of a food premises, that—

(b) the food safety program is not adequate.

(2) Subject to subsections (4) and (7), the auditor must give written notice to the proprietor of the food premises—

(c) advising that the deficiencies must be remedied within the time specified in the notice.

(3) Within 14 days of the expiry of the period specified in the notice, the auditor must check to see whether the deficiencies have been remedied.

(4) If—

(a) the food safety audit has been conducted by the registration authority; and

(b) an order has been made under Part III in relation to the deficiencies—

a notice under section (2) is not required to be given but the auditor must within 14 days after the time allowed for compliance with the order check to see whether the deficiencies have been remedied.

(5) If a notice under subsection (2) is given by the registration authority, failure to comply with the notice is a ground for—

S. 19M(5)(a) amended by No. 38/2020 s. 19.

(6) If a deficiency identified in the audit has been remedied, the auditor must describe the deficiency in any certificate given to the proprietor under subsection (8).

(7) If, in the opinion of the auditor, a particular food safety requirement applying to the premises has not been complied with and it is no longer possible to remedy the deficiency, the auditor—

(a) need not comply with subsections (2)(b) and (c) in relation to the deficiency, but must still comply with section 19N(3) if it is relevant to the deficiency; and

(b) must describe the deficiency in any certificate given to the proprietor under subsection (8) and any notice given to the registration authority under section 19N(4).

(8) If all the deficiencies that could be remedied have been remedied, the auditor must give the proprietor a certificate stating that, despite deficiencies occurring during the audit period—

(a) in the opinion of the auditor, the food safety program for the premises is now adequate; and

(b) any deficiencies relating to the food safety requirements applying to the premises that could be remedied have now been remedied.

S. 19MA inserted by No. 38/2020 s. 20.

19MA Certificate of food safety program adequacy

(1) This section applies if a food safety auditor—

(a) has conducted a food safety audit of a food premises; and

(b) because of an unremedied deficiency identified in the audit, has not issued a certificate under section 19L or 19M.