95Registered food businesses—procedure for imposition

95 Registered food businesses—procedure for imposition etc of conditions on chief health officer’s initiative (1) This section applies if the chief health officer proposes, on the chief health officer’s own initiative, to take action under section 94 (2) to amend the registration of a food business to impose, amend or revoke a condition (the proposed action). (2) The chief health officer must give the proprietor of the food business a written notice stating— (a) the proposed action; and (b) if the proposed action is to impose a condition to which the registration is to be subject—the proposed condition; and (c) if the proposed action is to amend a condition to which the registration is subject—the proposed condition as amended; and

(d) if the proposed action is to impose or amend a condition—the grounds for the proposed action; and (e) if appropriate, any action that must be taken by the proprietor of the food business to avoid or reverse the proposed action; and (f) the date when the proposed imposition, amendment or revocation of the condition takes effect (the date of effect); and (g) that the proposed action takes effect on the date of effect unless the notice is revoked by the chief health officer before that date; and (h) whether and, if so, by when the proprietor is required to return the certificate of registration to the chief health officer if the proposed action takes effect. (3) The notice may, but need not, provide an opportunity for the proprietor of the food business to make representations about why the proposed action should not be taken. (4) The date of effect must not be earlier than 14 days after the notice is given to the proprietor. (5) This section does not affect the taking of action under section 101 (Procedure for taking action in relation to registration).