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FOOD (SAFETY PROGRAMS) AMENDMENT REGULATION 2007 (NO 1) (NO 14 OF 2007)
2007
THE LEGISLATIVE
ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
FOOD (SAFETY PROGRAMS)
AMENDMENT
REGULATION 2007 (NO 1)
SUBORDINATE LAW
SL2007-14
EXPLANATORY
STATEMENT
Circulated by authority of
Katy Gallagher
MLA
Minister for Health
FOOD (SAFETY PROGRAMS) AMENDMENT
REGULATION 2007
(NO 1)
SUBORDINATE LAW SL2007-14
The Australia and New Zealand food standards system is a cooperative
arrangement between Australia, New Zealand and the Australian States and
Territories to develop and implement uniform food standards.
The Food
Standards Australia New Zealand Act 1991 (Cwlth) establishes the mechanism
for the development and variation of joint food regulatory measures. These
measures are collected in the Australia New Zealand Food Standards Code
(the Code).
The Code is a collection of individual food standards. Standards on related
matters are grouped together into parts, which in turn are collected together
into four chapters. For example, chapter 3 deals with food hygiene issues
specific to Australia. New Zealand has its own food hygiene
arrangements.
Food standards have the force of law. It is an offence in
Australia and New Zealand to supply food that does not comply with relevant food
standards.
Standard 3.2.1 - Food Safety Programs of the Code
enables States and Territories to require food businesses to implement a food
safety program based upon the HACCP principles. HACCP is Hazard Analysis and
Critical Control Point. These principles ensure ongoing identification and
control of hazards in the production, manufacturing and handling of food, rather
than relying on end product standards alone. The food safety program is to be
implemented and reviewed by the food business, and is subject to periodic audit
by a suitably qualified food safety auditor.
The Food (Safety Programs) Amendment Regulation 2007 amends the Food Regulation 2002 (Food Regulation) to insert provisions for the operation of food safety programs for food businesses in the ACT characterised as highest risk food businesses.
Section 152 of the Food Act 2001 authorises the making of a regulation
and section 152(2) provides that a regulation may be made for the preparation,
carrying out, maintenance and monitoring of food safety programs for food
businesses.
Section 1 – Name of regulation
The name of the regulation
is the Food (Safety Programs) Amendment Regulation 2007 (No 1).
Section 2 provides that the regulation commences the day after it is notified on the ACT Legislation Register.
Section 3 – Legislation amended
Section 3 provides that the regulation amends the Food Regulation
2002.
Section 4 – New sections 2 and 2A
Section 2 and 2A provide that the dictionary at the end of the regulation is
part of the regulation and notes are for information and explanation
only.
Section 5 – Sections 2A to 7
Sections 2A to 7
of the Food Regulation are renumbered as sections 3 to 8.
A new Part 3, Food Safety Programs, is inserted.
Section 9 provides the Chief Health Officer with the power to authorise a
Public Health Officer to be a food safety auditor. The Chief Executive appoints
Public Health Officers under section 12 of the Public Health Act 1997. A
Public Health Officer may not perform the function of a food safety auditor
unless they are authorised by the Chief Health Officer.
Section 10 outlines the functions and responsibilities of a food safety
auditor. A food safety auditor is required to:
• audit the food
safety program of a highest risk food business at the frequency required by the
Chief Health Officer;
• undertake follow up actions to ensure that any
deficiencies identified in the audit are rectified; and
• provide the
Chief Health Officer with a report on the outcome of audits or other
investigations carried out.
Section 11 provides that a food safety
auditor is required to provide the food business with a copy of the food safety
program audit report. By providing a copy of the audit report, food businesses
will be able to make improvements to their food safety program. The provision
also ensures auditors are accountable for the report made.
Section 12
provides the Chief Health Officer with the discretion to determine the frequency
at which audits are to be performed. The Chief Health Officer may determine that
a particular industry or a food business be audited more or less frequently.
In determining the audit frequency, the Chief Health Officer must
consider the risk to public health and may consider the business’ food
safety program compliance record. Compliance issues may range from whether a
food safety program was in place, the nature and content of the program, or
whether the food safety program was appropriately accessible. A determination
made by the Chief Health Officer is a notifiable instrument.
Section 13 requires the proprietor of a food business to provide the Chief Health Officer with a copy of the food safety program. The proprietor must also keep a copy of the program at each of the premises from which the business is carried out, for inspection by any employee. The employees should be able to readily and easily access the food safety program. A premise can also include a food transport vehicle, as such a copy must be made available in the vehicle.
The term “food safety auditor” is defined and added to the
dictionary.