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This is a Bill, not an Act. For current law, see the Acts databases.
Food Amendment (Food Safety
Supervisors) Bill 2009
No , 2009
A Bill for
An Act to amend the Food Act 2003 with respect to food safety supervisors; and for
other purposes.
Clause 1 Food Amendment (Food Safety Supervisors) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Food Amendment (Food Safety Supervisors) Act 2009. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
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Food Amendment (Food Safety Supervisors) Bill 2009
Amendment of Food Act 2003 No 43 Schedule 1
Schedule 1 Amendment of Food Act 2003 No 43 1
[1] Part 8 Regulation of food businesses 2
Insert before section 100: 3
Division 1 Notification of conduct of food businesses 4
[2] Section 106 List of food businesses to be maintained 5
Renumber the section as section 101A and move it after section 101. 6
[3] Part 8, Division 2, heading 7
Insert before section 102: 8
Division 2 Food safety schemes 9
[4] Part 8, Division 3 10
Insert at the end of Part 8: 11
Division 3 Requirements relating to food safety 12
supervisors 13
106 Definitions 14
In this Division: 15
approved training organisation means a registered training 16
organisation approved under section 106H. 17
food safety supervisor--see section 106B. 18
food safety supervisor certificate--see section 106B (3). 19
food to which this Division applies--see section 106A. 20
mobile catering business means a food business that provides 21
food catering services involving: 22
(a) the transporting of food to which this Division applies to 23
the location at which it is to be served, whether or not it is 24
to be served by the food business, and 25
(b) the processing of the food, whether or not at the location to 26
which it is transported, 27
but does not include a food business commonly known as a 28
takeaway food business or home delivery food business or that 29
sells the food from temporary premises. 30
potentially hazardous food means food that is required to be kept 31
at more than or less than a particular temperature to minimise the 32
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Food Amendment (Food Safety Supervisors) Bill 2009
Schedule 1 Amendment of Food Act 2003 No 43
growth of any pathogenic micro-organisms that may be present 1
in the food or to prevent the formation of toxins in the food. 2
process, in relation to food, means to do anything to the food in 3
order to prepare it for sale, including (but not limited to) 4
chopping, cooking, drying, fermenting, heating, pasteurising, 5
thawing or washing. 6
ready-to-eat food means food that is in a state in which it is 7
ordinarily consumed, but does not include nuts in the shell or raw 8
fruit or vegetables that are intended to be hulled, peeled or 9
washed by the consumer. 10
relevant enforcement agency, in relation to a food business, is 11
the enforcement agency specified on the Food Authority's 12
internet website as the relevant enforcement agency for food 13
businesses of the same class. 14
temporary premises means premises comprising a tent or stall or 15
the like from which food is sold by retail on an occasional basis 16
only, such as for a fete, fair, market or other event. 17
106A Application of Division to certain food 18
This Division applies to food that: 19
(a) is ready-to eat food, and 20
(b) is potentially hazardous food, and 21
(c) is not packaged in a way that is prescribed by the 22
regulations as prepackaged. 23
106B Food safety supervisors 24
(1) For the purposes of this Act, a food safety supervisor for premises 25
is a person who: 26
(a) holds a food safety supervisor certificate that has been 27
issued within the immediately preceding period of 5 years, 28
and 29
(b) does not hold the position of food safety supervisor for any 30
other premises or for a mobile catering business, and 31
(c) has the authority to supervise other persons handling food 32
at, or from, the premises and to ensure that the handling is 33
done safely. 34
(2) For the purposes of this Act, a food safety supervisor for a mobile 35
catering business is a person who: 36
(a) holds a food safety supervisor certificate that has been 37
issued within the immediately preceding period of 5 years, 38
and 39
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Food Amendment (Food Safety Supervisors) Bill 2009
Amendment of Food Act 2003 No 43 Schedule 1
(b) does not hold the position of food safety supervisor for any 1
other such business or for the premises of any other food 2
business, and 3
(c) has the authority to supervise other persons handling food 4
in the course of the carrying on of the business and to 5
ensure that the handling is done safely. 6
(3) A food safety supervisor certificate is a certificate stating that the 7
person to whom it is issued is qualified to hold the position of a 8
food safety supervisor for the purposes of this Act and that has 9
been issued in accordance with the regulations by an approved 10
training organisation or by another person or body prescribed by 11
the regulations. 12
(4) The regulations may make provision for or with respect to the 13
issuing of food safety supervisor certificates, including the 14
qualifications that a person must have to be issued with a food 15
safety supervisor certificate. 16
(5) Without limiting subsection (4), any such regulation may provide 17
for the Food Authority to determine those qualifications or any 18
aspect of those qualifications. 19
(6) In making a determination in relation to qualifications, the Food 20
Authority is to be satisfied that a person holding those 21
qualifications will know how to recognise, prevent and alleviate 22
the hazards associated with the handling of food. 23
(7) Nothing in this Division prevents: 24
(a) the proprietor of a food business from holding the position 25
of food safety supervisor for premises so long as the 26
proprietor complies with the requirements of subsection 27
(1), or 28
(b) the proprietor of a mobile catering business from holding 29
the position of food safety supervisor for the business so 30
long as the proprietor complies with the requirements of 31
subsection (2), or 32
(c) more than one person holding the position of food safety 33
supervisor in respect of particular premises or a mobile 34
catering business. 35
106C Appointment of food safety supervisor for premises 36
(1) The proprietor of a food business must ensure that before any 37
food to which this Division applies is processed and sold by retail 38
on premises in the course of carrying on the business at least one 39
food safety supervisor has been appointed for the premises. 40
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Food Amendment (Food Safety Supervisors) Bill 2009
Schedule 1 Amendment of Food Act 2003 No 43
(2) The proprietor of a food business must ensure that at all times at 1
which food to which this Division applies is processed and sold 2
by retail on premises in the course of carrying on the food 3
business there continues to be at least one person appointed as 4
food safety supervisor for the premises. 5
(3) It is a defence to a prosecution for an offence against subsection 6
(2) if the proprietor of the food business concerned establishes 7
that: 8
(a) a person had been appointed as food safety supervisor for 9
the relevant premises but had ceased to be appointed as 10
food safety supervisor, and 11
(b) after that person had ceased to be so appointed and before 12
the appointment (if any) of another person as food safety 13
supervisor for the premises, food to which this Division 14
applies was processed and sold by retail on the premises on 15
not more than 30 days (whether or not consecutive). 16
(4) This section does not apply to a food business that is a mobile 17
catering business. 18
Maximum penalty: 50 penalty units in the case of an individual 19
and 100 penalty units in the case of a corporation. 20
106D Appointment of food safety supervisor for mobile catering 21
business 22
(1) The proprietor of a mobile catering business must ensure that 23
before food to which this Division applies is processed in the 24
course of the business at least one food safety supervisor has been 25
appointed for the business. 26
(2) The proprietor of a mobile catering business must ensure that at 27
all times at which food to which this Division applies is processed 28
in the course of carrying on the business there continues to be at 29
least one person appointed as food safety supervisor for the 30
business. 31
(3) It is a defence to a prosecution for an offence against subsection 32
(2) if the proprietor of the mobile catering business concerned 33
establishes that: 34
(a) a person had been appointed as food safety supervisor for 35
the business but had ceased to be appointed as food safety 36
supervisor, and 37
(b) after that person had ceased to be so appointed and before 38
the appointment (if any) of another person as food safety 39
supervisor for the business, food to which this Division 40
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Food Amendment (Food Safety Supervisors) Bill 2009
Amendment of Food Act 2003 No 43 Schedule 1
applies was processed in the course of the business on not 1
more than 30 days (whether or not consecutive). 2
Maximum penalty: 50 penalty units in the case of an individual 3
and 100 penalty units in the case of a corporation. 4
106E Notice of appointment of food safety supervisor 5
(1) The proprietor of a food business must, in accordance with this 6
section, give notice of the appointment of a food safety 7
supervisor required by section 106C or 106D to be made in 8
relation to the food business. 9
Maximum penalty: 25 penalty units in the case of an individual 10
and 50 penalty units in the case of a corporation. 11
(2) The notice must: 12
(a) be given in writing to the relevant enforcement agency, 13
and 14
(b) be given within 7 days after the appointment of the food 15
safety supervisor concerned, and 16
(c) contain the information prescribed by the regulations. 17
(3) Subsection (1) does not apply to the appointment of a food safety 18
supervisor for: 19
(a) temporary premises, or 20
(b) premises that are a vehicle from which food to which this 21
Division applies is sold by retail at more than one location. 22
106F Notice of change of details of food safety supervisor 23
(1) The proprietor of a food business must, in accordance with this 24
section, give notice of any change in the information provided by 25
the proprietor under section 106E in relation to a food safety 26
supervisor. 27
Maximum penalty: 25 penalty units in the case of an individual 28
and 50 penalty units in the case of a corporation. 29
(2) The notice must: 30
(a) be given in writing to the relevant enforcement agency, 31
and 32
(b) be given within 7 days after the proprietor of the food 33
business concerned becomes aware of the change in the 34
information provided. 35
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Food Amendment (Food Safety Supervisors) Bill 2009
Schedule 1 Amendment of Food Act 2003 No 43
(3) Subsection (1) does not apply to the appointment of a food safety 1
supervisor for: 2
(a) temporary premises, or 3
(b) premises that are a vehicle from which food to which this 4
Division applies is sold by retail at more than one location. 5
106G Inspection of food safety supervisor certificates 6
(1) If a person is appointed for the purposes of this Division as food 7
safety supervisor for premises on which food to which this 8
Division applies is processed and sold by retail in the course of 9
carrying on a food business, the proprietor of the food business 10
must ensure that a copy of the person's food safety supervisor 11
certificate is kept on the premises and is produced for inspection 12
on request by an authorised officer. 13
(2) If a person is appointed for the purposes of this Division as food 14
safety supervisor for a mobile catering business, the proprietor of 15
the business must ensure that a copy of the person's food safety 16
supervisor certificate is kept at the proprietor's business address 17
and is produced for inspection on request by an authorised 18
officer. 19
Maximum penalty: 25 penalty units in the case of an individual 20
and 50 penalty units in the case of a corporation. 21
106H Approval of registered training organisations to issue food safety 22
supervisor certificates 23
(1) The Food Authority may approve a registered training 24
organisation (within the meaning of the Vocational Education 25
and Training Act 2005) for the purposes of issuing food safety 26
supervisor certificates. 27
(2) Regulations may be made for or with respect to approvals granted 28
under this section. 29
(3) Without limiting subsection (2), the regulations may make 30
provision for or with respect to the following: 31
(a) applications for approvals, 32
(b) the granting of approvals, 33
(c) conditions of approvals, 34
(d) duration of approvals, 35
(e) suspension and revocation of approvals. 36
(4) The Food Authority is to prepare and maintain a list of approved 37
training organisations. 38
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Food Amendment (Food Safety Supervisors) Bill 2009
Amendment of Food Act 2003 No 43 Schedule 1
(5) The list is to be made publicly available and is to be revised at 1
least annually. 2
106I Fees and charges payable under Division 3
(1) The regulations may make provision for or with respect to the 4
following: 5
(a) fees and charges payable to the Food Authority under this 6
Division, including charges payable to the Food Authority 7
by an approved training organisation or other person or 8
body in relation to the issue by the organisation, person or 9
body of food safety supervisor certificates, 10
(b) the imposition of fees and charges by an approved training 11
organisation or other person or body for the issuing of food 12
safety supervisor certificates (but not fees and charges 13
relating to training provided by any such organisation, 14
person or body), including limiting the imposition of any 15
such fee or charge. 16
(2) Despite any other provision of this or any other Act, no fee or 17
charge is payable in relation to the giving of any notice under 18
section 106E or 106F. 19
106J Exemptions from operation of Division 20
(1) The regulations may exempt, with or without conditions, any 21
class of persons, food businesses, premises, food or activities 22
from the operation of all or any of the provisions of this Division. 23
(2) Any such exemption has no effect during any period in which a 24
condition to which it is subject is not complied with. 25
[5] Section 113A Publication of information relating to enforcement 26
agencies 27
Omit section 113A (1). Insert instead: 28
(1) The Food Authority is to keep a record of the following: 29
(a) each appointment of an enforcement agency under this 30
Division, including any limitations and conditions in 31
relation to the appointment and any variation or revocation 32
of an appointment, 33
(b) relevant enforcement agencies for the purposes of Division 34
3 of Part 8. 35
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Food Amendment (Food Safety Supervisors) Bill 2009
Schedule 1 Amendment of Food Act 2003 No 43
[6] Section 133F Applications for changes to register 1
Omit section 133F (4). Insert instead: 2
(4) The Food Authority may reduce the fee or remit or waive 3
payment of the whole or any part of the fee. 4
[7] Section 137 5
Insert after section 136A: 6
137 Service of documents 7
(1) A document that is authorised or required by this Act or the 8
regulations to be served on any person may be served by: 9
(a) in the case of a natural person: 10
(i) delivering it to the person personally, or 11
(ii) sending it by post to the address specified by the 12
person for the giving or service of documents or, if 13
no such address is specified, the residential or 14
business address of the person last known to the 15
person giving or serving the document, or 16
(iii) sending it by facsimile transmission to the facsimile 17
number of the person, or 18
(b) in the case of a body corporate: 19
(i) leaving it with a person apparently of or above the 20
age of 16 years at, or by sending it by post to, the 21
head office, a registered office or a principal office 22
of the body corporate or to an address specified by 23
the body corporate for the giving or service of 24
documents, or 25
(ii) sending it by facsimile transmission to the facsimile 26
number of the body corporate. 27
(2) Nothing in this section affects the operation of any provision of a 28
law or of the rules of a court authorising a document to be served 29
on a person in any other manner. 30
[8] Schedule 2 Savings, transitional and other provisions 31
Insert at the end of clause 1 (1): 32
Food Amendment (Food Safety Supervisors) Act 2009 33
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Food Amendment (Food Safety Supervisors) Bill 2009
Amendment of Food Act 2003 No 43 Schedule 1
[9] Schedule 2, Part 6 1
Insert after Part 5: 2
Part 6 Provisions consequent on enactment of 3
Food Amendment (Food Safety 4
Supervisors) Act 2009 5
23 Application of new offences relating to food safety supervisors 6
(1) This clause applies to provisions of Division 3 of Part 8 as 7
inserted by the Food Amendment (Food Safety Supervisors) Act 8
2009. 9
(2) In this clause, the prescribed day, in relation to a provision of 10
Division 3 of Part 8, means the day occurring 12 months after the 11
commencement of the provision. 12
(3) A person does not commit an offence against a provision of 13
Division 3 of Part 8 until on or after the prescribed day. 14
(4) Section 106C applies only to the processing and sale by retail of 15
food occurring on or after the prescribed day. 16
(5) Section 106D applies only to the processing of food occurring on 17
or after the prescribed day. 18
(6) Despite section 106E (2) (b), the notice of the appointment of a 19
food safety supervisor required to be given under that section 20
may be given within 7 days after the prescribed day if the 21
appointment occurred before the prescribed day. 22
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