Food Production (Safety) Regulation 2014
sec.58Identification of critical nonconformance
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sec.58 Identification of critical nonconformance
This section applies if the auditor identifies a critical nonconformance of an accreditation holder’s program at a compliance audit. The auditor must inform Safe Food immediately after the auditor forms the opinion, unless the auditor has a reasonable excuse. Maximum penalty—50 penalty units. The auditor must prepare a CAR that complies with subsection (4) and give a copy of the CAR to— Safe Food; and the holder. Maximum penalty—20 penalty units. The CAR must state the following— the activities of the holder’s program that constitute a critical nonconformance; the action the holder must take to correct the nonconformance and the period within which the action must be taken; that the auditor needs to conduct a nonconformance audit; when the nonconformance audit must be conducted. The auditor must conduct the nonconformance audit by the day stated in the CAR. Maximum penalty—50 penalty units. If the auditor considers the nonconformance audit identifies that the critical nonconformance has not been corrected, the auditor must— inform Safe Food immediately after the auditor forms the opinion, unless the auditor has a reasonable excuse; and conduct any further nonconformance audit at the direction of Safe Food. Maximum penalty—50 penalty units. A nonconformance audit must be conducted separately from a compliance audit of the holder’s program. (sec.58-ssec.1) This section applies if the auditor identifies a critical nonconformance of an accreditation holder’s program at a compliance audit. (sec.58-ssec.2) The auditor must inform Safe Food immediately after the auditor forms the opinion, unless the auditor has a reasonable excuse. Maximum penalty—50 penalty units. (sec.58-ssec.3) The auditor must prepare a CAR that complies with subsection (4) and give a copy of the CAR to— Safe Food; and the holder. Maximum penalty—20 penalty units. (sec.58-ssec.4) The CAR must state the following— the activities of the holder’s program that constitute a critical nonconformance; the action the holder must take to correct the nonconformance and the period within which the action must be taken; that the auditor needs to conduct a nonconformance audit; when the nonconformance audit must be conducted. (sec.58-ssec.5) The auditor must conduct the nonconformance audit by the day stated in the CAR. Maximum penalty—50 penalty units. (sec.58-ssec.6) If the auditor considers the nonconformance audit identifies that the critical nonconformance has not been corrected, the auditor must— inform Safe Food immediately after the auditor forms the opinion, unless the auditor has a reasonable excuse; and conduct any further nonconformance audit at the direction of Safe Food. Maximum penalty—50 penalty units. (sec.58-ssec.7) A nonconformance audit must be conducted separately from a compliance audit of the holder’s program.
- (a) Safe Food; and