Food Act 2001Community sporting clubs

obligations

OUTLINE

• Scope of Food Act 2001• Exemptions (Notifications)

-examples• Registration requirements

-administrative process-structure and equipment (Guidelines)-training: food safety supervisor

• -Duties and Eligibility-required units-RTOs

SCOPE

3 Objects of Act:

The objects of this Act include the following:(a) to ensure food for sale is both safe and

suitable for human consumption;(b) to prevent misleading conduct in relation to

the sale of food;(c) to provide for the application in the ACT of

the food standards code.http://www.legislation.act.gov.au/a/2001-66/current/pdf/2001-66.pdf

Limitation of Food Act

• No sale of food = no requirements, as not covered by the Act.

• Dangerous provision of food may be addressed through Public Health Act 1997 *(e.g. unsafe night kitchen, giving away expired food)

• (definition of sale is broad enough to cover numerous situations e.g. provided with entry, entitlements of employment,

S9 Meaning of sell(1) For this Act, sell includes—(a) barter, offer or attempt to sell; or (b) receive for sale; or(c) have in possession for sale; or(d) display for sale; or(e) cause or permit to be sold or offered for sale; or(f) send, forward or deliver for sale; or(g) dispose of by any method for valuable consideration; or(h) dispose of to an agent for sale on consignment; or(i) provide under a contract of service; or(j) supply food as a meal or part of a meal to an employee, in accordance with a term of an award governing the employee’s employment or a term of the

employee’s contract of service, for consumption by the employee at the employee’s place of work; or(k) dispose of by way of raffle, lottery or other game of chance; or(l) offer as a prize or reward; or(m) give away for the purpose of advertisement or in furtherance of trade or business; or(n) supply food under a contract (whether or not the contract is made with the consumer of the food), together with accommodation, service or

entertainment, in consideration of an inclusive charge for the food supplied and the accommodation, service or entertainment; or providing services to people in—

(i) a correctional centre or lockup, or a detention place or therapeutic protection place under the Children and Young People Act 2008; or(ii) a hospice, hospital, nursing home or other health facility operated by or on behalf of the Territory; or(iii) any other institution (however described) prescribed by regulation for this paragraph; or(p) sell for the purpose of resale.(2) For this Act, food or equipment that is displayed for the purpose of being offered as a prize or reward, or given away for the purpose ofadvertisement or in the furtherance of trade or business, is taken to have been displayed for sale by the owner of the food or equipment.

Registration Exemptions(Notifiable Food Businesses)

Required to NOTIFY ACT HPS• Legislation• Various exemptions• Examples

1) The following food businesses are prescribed:(a) a food business that handles or sells food if—(i) all the food is either—

(A) non-potentially hazardous and not contained in a closed package; or

(B) sold, straight after thorough cooking, for immediate consumption; and(ii) the food business handles or sells food during no more than 5 periods a year, and each period when it

sells food is no longer than 3 days;------------------------------------------------------------------------------------------------------------------------------(b) the food business handles or sells food in or from a food transport vehicle that is registered under a

State law that corresponds to the Act;(c) a food business that transports food but does not otherwise handle or sell food;(d) a food business that sells only food that is—

(i) contained in a closed package intended for sale; and (ii) non-potentially hazardous;

(e) a food business that only sells, through a vending machine, food that is non-potentially hazardous. ------------------------------------------------------------------------------------------------------------------------------

non-potentially hazardous—food is non-potentially hazardous if it does not need to be kept at certain temperatures to—(a) minimise the growth of any pathogenic micro-organisms that may be present in the food; or(b) prevent the formation of toxins in the food.

Food Businesses exempt from Registration – Act, s 89

Examples of exempt food businesses

Temporary vendors *(up to five times a year)*Immediate sale of thoroughly cooked foods (for

eating hot) • fundraising BBQ

Unpackaged low risk foods• seasonal fresh produce seller• -cupcakes at school fetes

Exempt food businesses

Prepacked non potentially hazardous foods:store selling packets of lollies healthy, nutritious

protein bars, cans of drinks wholesaler selling or distributing imported

foodsHoney stall at markets selling jars of honeyliquor store(tastings may require registration as not

‘packaged’)

Examples of exempt food businesses

Interstate food van:• Queanbeyan Hot Dogs• Queensland Snack Van• Victorian Ice cream truck(Event caterers using part vehicle servery and part flexible marquee generally

required to register)

Other exemptionsTransport only, vending machines

REGISTRATION REQUIREMENTS

Administrative Process- Registration application form (and fee, if applicable)- Associated information required to

assess- Fixed premises - fitout application- Food Safety Supervisor

Registration: Administrative Process

- Application Form- Risk Rating determined Fee (Exemption for community groups

includes: the promotion of, the provision of facilities for, or the encouragement of participation in, any sport, recreational pursuit or hobby)

- Equipment schedule and plans to establish compliance with market stalls guidelines (See Food Stall Guidelines for equipment requirements).

- (fixed premises, e.g. Kiosk) Fitout Application Form- Food Safety Supervisor (from 1 September 2013)

Food Safety Supervisor Context

The aim of the food safety supervisor requirement is to enhance food safety in the ACT by ensuring businesses have suitably trained staff that can identify, correct and prevent food safety.

Overlays existing requirements for food handlers to have appropriate skills and knowledge. (Charities and community groups were exempted if all the food is for immediate consumption, or not potentially hazardous).

Guide to Food Safety Supervisorshttp://health.act.gov.au/health-services/population-health/health-protection-service/food-safety/food-safety-supervisors

SITXFSA101 Use hygienic practices for food safety AND SITXFSA201 Participate in safe food handling practices OR SIRRFSA001A Apply retail food safety practices

Most Stalls should do the first 2 units

Food Safety Supervisors:Person who—Completed an approved food safety training course; andsatisfies any requirement under this Act about eligibility to

become or remain a food safety supervisor; andas part of the person’s formal duties in the business not also

the food safety supervisor for—(i) any other registered food business; or(ii) if the registered food business has more than 1 site where the

handling or sale of food happens—more than 1 site for the business.

FSS not required to be onsite at all times, but are required to be contactable.

In PracticeWill be assessed on a case by case basis.Note that clubs registered as mobile market

stalls can trade at multiple locations. Some circumstances applying to sporting groups

(e.g. – Juniors and Seniors sharing volunteer staff, volunteer works professionally as a FSS at (other) registered food business) will be problematic.

Intend to capture such circumstances.

Registered Training Organisations (RTOs)

www.training.gov.au

Search:

Appropriate unit search:

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Numerous RTOs • -interstate• Offer online training• NSW Food Authority has an

approved list–www.foodauthority.nsw.gov.au

Other training and resources• http://www.health.act.gov.au/health-services/population-health/health

-protection-service/food-safety/basic-food-handler-training

• I’m Alert basic food safety training for volunteers and staff (non food safety supervisors).

• Free!