Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 130

Notification of a notifiable micro-organism in food

    (1)     Subject to subsection (3), subsection (2) applies to a person in charge of a laboratory service situated within Victoria where a notifiable micro-organism is—

        (a)     isolated or detected by that laboratory service from or within food or from or within samples taken from food, regardless of where the sample was taken; or

        (b)     isolated or detected on behalf of that person by another laboratory service situated outside Victoria from or within food or from or within samples taken from food, regardless of where the sample was taken.

    (2)     The person in charge of the laboratory service must notify the Secretary of the notification details in accordance with—

        (a)     if the notifiable micro-organism was prescribed to be a notifiable micro-organism by the regulations, the regulations; or

        (b)     if the notifiable micro-organism was declared to be a notifiable micro-organism in an Order in Council, the Order in Council.

Penalty:     60 penalty units.

    (3)     Subsection (2) does not apply if the notifiable micro-organism is isolated or detected in the course of a test carried out only for—

        (a)     educational purposes; or

        (b)     the purpose of academic research.

    (4)     Subsection (5) applies if the proprietor of a food premises or food vending machine in Victoria is informed at any time by the person in charge of a laboratory service whether situated inside or outside Victoria that—

        (a)     a sample of food handled by that proprietor has been tested by that laboratory; and

        (b)     the test conducted by the laboratory has isolated or detected a notifiable micro‑organism in the food sample.

    (5)     The proprietor of the food premises or food vending machine must notify the Secretary of the notification details in accordance with—

        (a)     if the notifiable micro-organism was prescribed to be a notifiable micro-organism by the regulations, the regulations; or

        (b)     if the notifiable micro-organism was declared to be a notifiable micro-organism in an Order in Council, the Order in Council.

Penalty:     60 penalty units.

    (6)     In this section, "food" includes—

        (a)     any substance or thing of a kind used for, or represented as being for the use of, human consumption, whether it is raw, prepared or partly prepared;

        (b)     any substance or thing of a kind used, or represented as being for use, as an ingredient or additive in a substance or thing referred to in paragraph (a);

        (c)     any substance used in preparing a substance or thing referred to in paragraph (a), other than a substance used in preparing a living thing, if it comes into direct contact with the substance or thing referred to in that paragraph, such as a processing aid;

        (d)     chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum;

        (e)     any substance or thing declared to be a food under a declaration in force under section 3B of the Australia New Zealand Food Authority Act 1991 of the Commonwealth.

    (7)     A substance, thing, chewing gum or ingredient or additive in chewing gum described in subsection (6) is food regardless of whether or not it is in a condition fit for human consumption.

    (8)     However, "food "does not include therapeutic goods or live animals.

    (9)     In this section—

"food premises", food vending machine and handled have the same meanings respectively as in section 4(1) of the Food Act 1984 ;

"laboratory service" means a service which performs tests or analyses on food or samples of food for the purpose of isolating or detecting micro-organisms in the food or a sample of food.

Pt 8 Div. 3A (Heading and ss 130A–130C) inserted by No. 4/2018 s. 18.

Division 3A—Notification of anaphylaxis presentation

S. 130A inserted by No. 4/2018 s. 18.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback