Rural Law Online A guide to the law for Victorian Primary Producers

Unsafe food

It is an offence to:

  • handle food in a manner that will render the food unsafe or unsuitable;
  • sell food that is unsafe or unsuitable; and
  • falsely describe food so that a consumer relying on the description will suffer physical harm
  • unsafe and unsuitable food are defined in the Food Act.

The penalties for these offences become more severe where the person knows, or ought to know, the consequences of their actionsand are more than doubled for a corporation.

Other food safety offences include the use of unfit equipment, packaging and labelling, alongside misleading conduct in relation to the packaging, labelling and advertising of food.

To view a web page containing further information relating to this topic go to the Department of Human Services - Food Safety Unit website - www.health.vic.gov.au/foodsafety.

Food standards code

The Australia New Zealand Food Standards Code is a collaborative arrangement between New Zealand and the Australian states and territories that sets requirements for uniform food standards. The code allows for greater industry innovation, competition and trade, and reduces the number of directives in food regulation.

Individuals or corporations can apply to make changes to the code, for example, if the application relates to novel food or food developed by gene technology.

The code can be downloaded from www.foodstandards.gov.au.

Cleanliness and food

Food premises must be clean and meet appropriate sanitation standards or the secretary or the registration authority (the council) may direct specific steps to rectify the situation.

Food handlers and hygiene

Authorised officers can make orders for specific steps be taken if there has been an infringement regarding cleanliness of food handlers and food hygiene. These steps may include directions such as improvements to clothing or to methods of handling unpackaged foods. Food handling prohibitions may also be implemented until a medical diagnosis confirms that handlers are not suffering from conditions that render the handling of food unsafe or unsuitable. The authorised officer will revoke the order when the directions have been complied with. If a person disagrees with the order, they can make an appeal to the Magistrates' Court.

Who are Authorised Officers?

Authorised Officers are medical office of health or environmental health officers appointed under the Health Act 1958, or under the Dairy Act 2000 for dairy food premises or under the Meat Industry Act 1993.

Food safety programs

All food businesses are legally required to have a food safety program. A food safety program is a written plan that outlines how to manage the safety of food that is prepared, served, manufactured or sold. Food saftey programs should be reviewed annually.

For further information regarding food safety programs, you can download the brochure 'Three easy steps for using a food safety program termplate' from the Department of Human Services website - www.health.vic.gov.au.

Training plans

Part of the food safety program is a training plan showing how your business will ensure that staff understand what they need to do to handle foods safely. There is no requirement for any person to undergo formal training but each food business has to appoint a food safety supervisor, who can be the owner, an employee or someone from outside the business.

To view a web page containing further information in relation to this topic go to the Department of Human Services - Food Safety Unit website - www.health.vic.gov.au/foodsafety

Review and audit of food safety programs

If a business serves food for vulnerable people such as the elderly, they will need to write their own food safety program, which must be audited by an approved food safety auditor. Anyone who fails to comply with these requirements may jeopardise their registration, renewal of registration or transfer of registration of the premises or vehicle and their registration may be revoked or suspended.

To view a web page containing further information relating to this topic go to the Department of Human Services Food Safety website - www.health.vic.gov.au/foodsafety.

If a business does not serve food to 'at risk' groups, they can use a template to create their own food safety program. Templates can be downloaded from the Department of Human Services Food Safety Unit website - www.health.vic.gov.au/foodsafety.

After an audit

If a food safety auditor, appointed under the Food Act, assesses that the food safety program has been complied with and is adequate, the auditor must give the proprietor a certificate confirming that opinion.

However, if the auditor believes that the program has not been complied with or is inadequate, the auditor must advise the proprietor in writing, giving details of what needs to be done. If matters are attended to, the auditor must give the proprietor a certificate describing each failure or inadequacy that has been remedied in the certificate.

If not all of the matters have been remedied, the auditor must notify the registration authority within fourteen days after conducting the check. However, if the failure to remedy any of those matters may lead to a serious risk of food being sold or produced that is adulterated or unfit for human consumption, the auditor must notify the registration authority of the risk.

Proprietors of a declared premises or vehicle must give copies of audit certificates to the registration authority within fourteen days. Anyone who fails to comply may have their registration refused (or the renewal of registration or transfer of registration of the premises or vehicle refused) and the registration of the premises or vehicle may be revoked or suspended.

Sausage sizzles

Many charities and community groups sell food to fund services for their community. These groups, which are not operating commercial food operations, still have to introduce a standard food safety program but will not be required to keep comprehensive records or engage an independent auditor.

Some useful information on sausage sizzles and cake stall is available at the Department of Human Sevices Food Safety Unit - www.health.vic.gov.au.

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