Australian Capital Territory Numbered Acts

FOOD AMENDMENT ACT 2012 (NO. 4 OF 2012) - SECT 7

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Part 9A     Food safety supervisors

116     Definitions—pt 9A

In this part:

"approved food safety training course" means a food safety training course—

        (a)     provided by a registered training organisation; and

        (b)     approved by the chief health officer in accordance with the food safety training approval guidelines.

"food safety supervisor", for a registered food business, means a person who—

        (a)     holds a statement of attainment for an approved food safety training course; and

        (b)     satisfies any requirement under this Act about eligibility to become or remain a food safety supervisor; and

Note     A reference to this Act includes a reference to a statutory instrument made or in force under this Act (see Legislation Act, s 104).

        (c)     as part of the person's formal duties in the business is—

              (i)     responsible for recognising, preventing and alleviating food safety hazards in the business; and

              (ii)     authorised to supervise and give directions about food safety to any person who handles food in the course of the business; and

        (d)     is not also the food safety supervisor for—

              (i)     any other registered food business; or

              (ii)     if the registered food business has more than 1 site where the handling or sale of food happens—more than 1 site for the business.

"food safety training approval guidelines" means the guidelines made by the chief health officer under section 119.

"food safety training course" means a training course about ways to recognise, prevent and alleviate food safety hazards in food handled or sold in a registered food business.

"registered training organisation" — see the Training and Tertiary Education Act 2003 , dictionary.

"statement of attainment", held by a person, means a document issued to the person by a training organisation certifying that the person has satisfactorily completed a course conducted by the organisation.

117     Registered food business must appoint food safety supervisor

    (1)     The proprietor of a registered food business commits an offence if—

        (a)     the proprietor fails to ensure that there is a food safety supervisor for the business within 30 days after the day the business is registered (the establishment period ); or

        (b)     the business does not have a food safety supervisor at any time after the end of the establishment period.

Maximum penalty: 50 penalty units.

    (2)     Subsection (1) (b) does not apply if it is less than 30 days since the last day the business had a food safety supervisor .

Note     The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

118     Proprietor of registered food business may be food safety supervisor

A proprietor of a registered food business may be the food safety supervisor for the business.

119     Food safety training approval guidelines

    (1)     The chief health officer must make guidelines for the approval of a food safety training course under this part.

    (2)     A guideline may apply, adopt or incorporate a law of another jurisdiction or an instrument as in force from time to time.

    (3)     The Legislation Act, section 47 (6) does not apply to a law of another jurisdiction or an instrument mentioned in subsection (2).

Note     A law of another jurisdiction, or an instrument, applied, adopted or incorporated by a guideline does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)).

    (4)     A guideline is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.