Victorian Current Acts

DAIRY ACT 2000 - SECT 46

    (1)     If an authorised officer is satisfied that, or suspects on reasonable grounds that—

        (a)     any dairy premises or any vehicle, plant, machinery or equipment used in connection with any dairy food is in an unclean or substandard condition; or

        (b)     any dairy food is unfit for human consumption; or

        (c)     any milk for use in the manufacture of any dairy food is below the standard prescribed for use in the manufacture of that kind of dairy food; or

        (d)     any dairy premises or dairy food does not otherwise comply with any provisions of this Act, a Code of Practice or the regulations that are applicable—

the authorised officer may by a notice in writing addressed to the owner of the dairy premises, dairy food or vehicle, as the case may be, without further name or description, take any one or more of the actions specified in subsection (2) which appear to the authorised officer to be appropriate in the circumstances.

    (2)     The actions which an authorised officer may take for the purposes of this section are as follows—

        (a)     order the dairy premises, vehicle, plant, machinery or equipment, as the case may be, to be forthwith cleaned and disinfected to the satisfaction of the authorised officer;

        (b)     order that the use of a specified area of any dairy premises or of any vehicle, plant, machinery or equipment in connection with dairy food be stopped;

        (c)     order that no dairy food or class of dairy food specified in the order be removed from the dairy premises for any purpose whatsoever or for any purpose specified in the order for such period of time as is specified in the order;

        (d)     order that any dairy food or class of dairy food specified in the order be seized, detained or destroyed.

    (3)     If an authorised officer is satisfied that any dairy food inspected by the authorised officer is unfit for human consumption, the authorised officer may add any colouring material to the dairy food to render it unsaleable for human consumption but so as not to make it unfit for use as food for animals.

    (4)     A person to whom an order is addressed under this section must comply with the order.

Penalty:     120 penalty units.

Note to
s. 46(4) inserted by No. 13/2013 s. 16(1).

Note

Section 55C applies to an offence against this subsection.