| 
| 
| 
| Nature of category
Category B limitations are intended to form the standard food regulation responsibility level for an enforcement agency.
Similar to Category A, Category B enforcement agencies and their authorised officers act where there is an imminent threat to public health and safety, or the health of any individual, in connection with food.
In addition, enforcement agencies and their authorised officers exercise functions with respect to retail food businesses, which are food businesses whose principal food-related activity at a particular premises concerns the sale of food directly to consumers at those premises. It is intended that enforcement agencies and/or their authorised officers exercise these functions, which include the power to inspect premises and examine food, routinely.
Limitations
Appointments in this category are subject to the following limitations:
| (1) | the functions conferred or imposed on the body appointed as an enforcement agency under the Food Act 2003, excluding the function of appointing an authorised officer under Division 3 of Part 9 of that Act, are only to be exercised within the area in respect of: | ||
| (a) | an imminent threat to: | ||
| (i) | public health and safety; or | ||
| (ii) | the health of any individual; | ||
| in connection with food; and | |||
| (b) | a retail food business at a premises within the area; and | ||
| (2) | the function of appointing one or more authorised officers under Division 3 of Part 9 of the Food Act 2003 is to be exercised so that the functions of each authorised officer appointed are only exercisable within the area in respect of: | ||
| (a) | an imminent threat to: | ||
| (i) | public health and safety; or | ||
| (ii) | the health of any individual; | ||
| in connection with food; and | |||
| (b) | a retail food business at a premises within the area. | ||
|
For the purposes of this instrument: |
|||
| (a) | where the principal food-related activity carried out at those premises is one or both of: | ||
| (i) | the handling of food intended for sale (excluding the transporting or delivering of food); or | ||
| (ii) | the sale of food; | ||
| directly to consumers at those premises; and | |||
| (b) | which is not a food business that is required to be licensed under the Food Act 2003. | ||
Appointments in this category do not authorise the body appointed to exercise any of the functions conferred or imposed under the Food Act 2003 on another enforcement agency, appointed under s.111(1) of that Act, in respect of the area (s.111(5), Food Act 2003).
Also on this site
- Back to enforcement agency appointments
| | | |