Protection of the Environment Operations Act 1997
170HMandatory record keeping—food donations
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170H Mandatory record keeping—food donations
170H Mandatory record keeping—food donations
(1) The operator of a large supermarket must keep a record of the following in relation to food donations made from the large supermarket—
(a) the weight in kilograms of each of the following categories of food donated in each calendar month and the organisation to which the food is donated—
(i) baked goods,
(ii) meat and fish,
(iii) fruit and vegetables,
(iv) chilled food,
(v) frozen food,
(vi) non-perishable food,
(vii) another category of food prescribed by the regulations,
(b) if no food is donated in a calendar month in a category of food specified in paragraph (a)—that the amount of food donated in the calendar month for the category of food is nil.
Maximum penalty—
(a) for an individual—$125,000, or
(b) otherwise—$250,000.
(2) A failure to record a food donation under subsection (1) constitutes a separate offence for each category of food to which the failure relates.
(3) The operator must—
(a) make the record in the form and way approved by the EPA, and
(b) make the record by the end of the calendar month following the month in which the donation was made, and
(c) ensure the record is kept for at least 6 years following the calendar month to which the record relates, and
(d) if requested by an authorised officer appointed by the EPA under section 187(1)—do either of the following in the way requested by the authorised officer—
(i) make the record available for inspection, or
(ii) provide a copy of the record.
Maximum penalty—
(a) for an individual—$125,000, or
(b) otherwise—$250,000.