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Enforcement category C (1 July 2008)

Nature of category

Category C limitations are intended to form the broadest food regulation responsibility level for an enforcement agency.

Similar to Categories A and B, Category C 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, and exercise functions with respect to retail food businesses.

In addition, enforcement agencies and their authorised officers will be responsible for carrying out their functions in connection with food businesses determined in consultation with the Authority. These food businesses or class of food businesses will be determined prior to appointment of the enforcement agency.

Limitations

Generally, 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 ct, 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;
  (b) a retail food business at a premises within the area; and
  (c) the food businesses within the area set out in the attached ‘Schedule of non-retail food businesses for [Name of relevant body] (Category C enforcement agency)’ dated 19 June 2008, provided that it is not a food business that is required to be licensed under the Food Act 2003; 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;

 

(b) a retail food business at a premises within the area; and
  (c) the food businesses within the area set out in the attached ‘Schedule of non-retail food businesses for [Name of relevant body] (Category C enforcement agency)’ dated 19 June 2008, provided that it is not a food business that is required to be licensed under the Food Act 2003.
For the purposes of this instrument:
"retail food business" in relation to a premises, means a food business carried out at a premises:
  (a) where the principal food-related activity carried out at those premises is one or both of:
    (i) where the principal food-related activity carried out at those premises is one or both of:
    (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).