Food Act 2006
sec.99Who must have accredited food safety program
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sec.99 Who must have accredited food safety program
A licensee, other than the holder of a provisional licence, must have an accredited food safety program for the food business under the licence if— the food business involves off-site catering; or the primary activity of the food business is on-site catering at the premises stated in the licence; or the primary activity of the food business is on-site catering at part of the premises stated in the licence; or a function room used for on-site catering and situated on the premises of a large hotel the food business is carried on as part of the operations of a private hospital under the Private Health Facilities Act 1999 ; or the food business— involves the handling of potentially hazardous food or other food that is reasonably likely to pose a risk to public health or safety; and is a food business prescribed under a regulation. Maximum penalty—1,000 penalty units. This provision is an executive liability provision—see section 260 . However, for subsection (1) (c) , a regulation may exempt a licensee from subsection (1) if the scope of the on-site catering is not more than the limits prescribed in the regulation, including, for example, limits about— the size of the area where the on-site catering is carried out; or the seating capacity of the area; or the number of persons for whom on-site catering is provided; or the frequency of provision of on-site catering; or the proportion of the licensee’s revenue derived from on-site catering. s 99 amd 2013 No. 51 s 229 sch 1 (sec.99-ssec.1) A licensee, other than the holder of a provisional licence, must have an accredited food safety program for the food business under the licence if— the food business involves off-site catering; or the primary activity of the food business is on-site catering at the premises stated in the licence; or the primary activity of the food business is on-site catering at part of the premises stated in the licence; or a function room used for on-site catering and situated on the premises of a large hotel the food business is carried on as part of the operations of a private hospital under the Private Health Facilities Act 1999 ; or the food business— involves the handling of potentially hazardous food or other food that is reasonably likely to pose a risk to public health or safety; and is a food business prescribed under a regulation. Maximum penalty—1,000 penalty units. This provision is an executive liability provision—see section 260 . (sec.99-ssec.2) However, for subsection (1) (c) , a regulation may exempt a licensee from subsection (1) if the scope of the on-site catering is not more than the limits prescribed in the regulation, including, for example, limits about— the size of the area where the on-site catering is carried out; or the seating capacity of the area; or the number of persons for whom on-site catering is provided; or the frequency of provision of on-site catering; or the proportion of the licensee’s revenue derived from on-site catering.