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Powers of entry
What power does an authorised officer have under section 37 of the Act to enter and inspect residential premises where food is handled/prepared for sale?
Section 37(1)(a)-(q) of the NSW Food Act 2003 lists the things that an authorised officer has powers to do at any reasonable time. However, section 37(2) prohibits entering into any part of premises that is being used solely for residential purposes unless certain requirements are met.
For more information, authorised officers can request the communique Power of entry – residential premises by emailing food.contact@dpird.nsw.gov.au.
Is a Working with Children check required to inspect schools?
No. Food inspections do not meet the definition of “child-related work”. Before proceeding to the canteen, authorised officers should show their council ID and sign in on the school register. Schools may require a 'not to be employed (NTBE)' check, in which case authorised officers will need to also show their drivers licence to confirm their date of birth.
Who’s responsible for regulating correctional centres?
Most food service facilities in correctional centres have HACCP food safety systems in place and are externally audited by an independent third party. Facilities required to be licensed under a food safety scheme under the Food Regulation 2015 (for example, dairy, high-risk plant products, and service to vulnerable persons) are audited by the Food Authority.
While correctional facilities that do not require a licence are within the remit of councils, the Food Authority believes adequate controls are in place. Councils may choose whether to inspect and provide advice/assistance at these facilities.
Who’s responsible for regulating caterers?
It depends on who the caterer is supplying the food to. As with any food business, if they serve direct to the final consumer, they are retail and regulated by the local council. If they on-sell to another business, for example supplying catering to a venue for a function where the caterers are not serving the food, they are regulated by the Food Authority.
Who regulates beekeepers?
Any apiary activity involving European honeybees must be registered with NSW DPIRD. If the business is producing and selling honey it is a food business that needs to notify either the local council or the Food Authority, depending on the type of sale.
Questioning employees
Do I need to give a food business employee a legal caution before I question them about an offence?
You do not need to caution an individual food handler before questioning when the proprietor of the food business is being charged with the offence (as the food hander is not being charged personally). As set out in the Evidence Act 1995 an authorised officer must caution a natural person, such as a sole trader or company director, in case they incriminate themselves.
Recreational fishing
A chef who catches their own fish recreationally wants to serve them in their restaurant. What approvals are required?
The chef needs to first obtain the required permits from NSW Fisheries and then apply for a food licence from the Food Authority.