Queensland Consolidated Acts

FOOD ACT 2006 - SECT 99

99 Who must have accredited food safety program

(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—

(a) the food business involves off-site catering; or

(b) the primary activity of the food business is on-site catering at the premises stated in the licence; or

(c) the primary activity of the food business is on-site catering at part of the premises stated in the licence; or

Example of part of premises stated in a licence—

a function room used for on-site catering and situated on the premises of a large hotel

(d) the food business is carried on as part of the operations of a private hospital under the Private Health Facilities Act 1999 ; or

(e) the food business—

(i) involves the handling of potentially hazardous food or other food that is reasonably likely to pose a risk to public health or safety; and

(ii) is a food business prescribed under a regulation.

Penalty—

Maximum penalty—1,000 penalty units.

Note—

This provision is an executive liability provision—see section 260 .

(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—

(a) the size of the area where the on-site catering is carried out; or

(b) the seating capacity of the area; or

(c) the number of persons for whom on-site catering is provided; or

(d) the frequency of provision of on-site catering; or

(e) the proportion of the licensee’s revenue derived from on-site catering.