Food Business Enforcement
Hurstville City Council may take a range of compliance and enforcement actions against a food premise when the food inspections our Authorised Officers conduct reveal a failure to comply with food laws. When applicable, one or more measures may be taken to enforce the provisions of the Food Act 2003 (the Act):
Verbal advice and warning
Council's Authorised Officers may issue verbal warnings for non-compliance with food laws when the public health risk posed by non-compliance is considered low, or can be immediately rectified.
Council may issue a written warning (letter) for non-compliance with food laws, when the public health risk posed by non-compliance is considered low, it is the first offence, and there is no immediate risk.
An improvement notice and fee may be issued under Part 5 of the Act, if the Authorised Officer believes:
- the premises, equipment or food transport vehicle is in an unclean or unsanitary condition
- the premises, equipment or food transport vehicle is unfit for the purpose for which it was designed, or intended to be used
- that non-compliance with any part of the Food Act 2003, Food Regulation 2004 or Food Standards code has occurred.
Once the improvement notice has been issued, the food business is given a period of 24 hours (or another specified time frame) to comply with it.
A prohibition order may be issued by Council for non-compliances with food legislation, when an improvement notice has not been complied with in the specified time, and/or the risk of non-compliance is a serious danger to public health. It is an offence for a food business to not adhere to a prohibition order that has been issued to it. When a prohibition order is issued, a food business must cease:
- selling and handling food on the premises specified in the improvement notice
- conveying food intended for sale from the premises specified in the improvement notice
- using equipment in connection with the food intended for sale from the premises, specified in the improvement notice.
These measures will be in place until an Authorised Officer from Council has re-inspected the premises, and a Certificate of Clearance has been issued to the proprietor of the food business.
Contravention of a prohibition order may result in a maximum penalty of $55,000 for individuals and $275,000 for a corporation.
Penalty infringement notice
A penalty infringement notice may be issued to a food premises where non-compliance with legislation under the Act is evident. When determining whether to issue a penalty infringement notice, Council will consider the level of offence, and circumstances surrounding the offence.
The Act provides allows for disclosure of penalty notice information on a public NSW Food Authority register which is known in the community as the 'name and shame' list.
Council may prosecute a food premises for repeated non-compliance with food laws and when a serious non-compliance has occurred.
The Act provides allows for disclosure of prosecution information on a public NSW Food Authority register which is known in the community as the 'name and shame' list.
Penalty Infringement Notices - explanation and fine process.
Food Act 2003 - procedures, regulation, responsibilities and enforcement agency powers.
Offence registers - NSW Food Authority register of penalty notices and register of offences (prosecutions).