Food and Health Inspections -- 
Keeping Your Food Safe
Our Environmental Health Officers have produced this information to keep you up to date on legislative requirements and changes that may affect your business operation. This newsletter also provides details on issues identified by Health Officers during their routine annual food shop surveillance program.
The information here will help to increase your understanding of the Food Safety Legislation so you and/or any other food handlers associated with your business are aware of the legal responsibilities associated with running a food business.
If you are unsure of any issues raised in the newsletter or need more information, please contact our Environmental Health Section on 9789 9378.
Notification
All premises that sell, store or prepare food must complete a food business notification form and send it to the NSW Food Authority. This is a legislative requirement under the Food Standards Code which includes any premise that sells confectionary, groceries or take-away food.
This notification must be updated if there are any changes in business details. This includes additions to the range of food for sale or a change of ownership. Food shop proprietors may be issued with an 'on the spot' fine or be prosecuted in court if this notification process is not completed.
For further information regarding food notification, you can contact the NSW Food Authority on (02) 9741 4777 or by visiting their website on www.foodauthority.nsw.gov.au
Inspection Fees
Each year we inspect all food premises in the City of Canterbury as part of our annual Food Surveillance Program. In accordance with Section 608 of the Local Government Act 1993, we may charge an inspection fee for carrying out an assessment of your food premises.
Please note that additional inspection fees may be charged should our officers carry out further inspections and find that outstanding works are not completed in accordance with the Food Safety Standards.
Powers of entry and inspection
Our officers have the right to inspect any food premises, at any reasonable time (subject to authorisation under the Food Act 2003) that is believed to be involved with the preparation, storage and handling of food destined for sale. Our officers are authorised to seize, remove or prevent the sale of food if they consider it necessary. They may also order the destruction of food if it is considered to pose a significant risk of harm to public health.
Food handlers or proprietors cannot prevent or restrict entry or inspection from occurring in their premises. If a Council Officer is obstructed, intimidated or bribed, legal action may be taken under the Food Act 2003. This offence carries a maximum penalty of $55,000 for individuals and/or imprisonment.
'On the Spot' Fines
The Food Act 2003 has been amended which enables our authorised Officers to issue 'on the spot' fines for observed breaches of the Food Standards Code. Examples of these breaches and corresponding fines include:
| Individuals | Corporations |
Fail to Notify | $330 | $660 |
Fail to comply with Food Standards Code | $330 | $660 |
Threaten/intimidate/assault authorised officer | $1320 |
|
Handle food in manner likely to render it unsafe | $550 | $1100 |
Sell unsafe food | $660 | $1320 |
This means that if our Officers observe a breach of the Food Standards Code while inspecting your premises, a Penalty Infringement Notice may be issued to you immediately without warning. The State Debt Recovery Office (SDRO) then has the responsibility of recovering any outstanding monies.
Legal Prosecutions
There are over 550 premises that sell food in our City and as part of our ongoing Food Safety Program, all premises storing, selling or manufacturing food are required to maintain an acceptable level of hygiene. We have taken legal action against eight (8) proprietors of food businesses within our City area over the last year. Offences that were proven in court range from:
- The Proprietor failing to maintain the premises to a standard of cleanliness where there was found to be an accumulation of food waste, dirt and grease.
- The Proprietor failing to maintain the food premises, fixtures, fittings and equipment in a good state of repair and working order.
- The Proprietor failing to provide an adequate supply of soap and/or hand drying facility adjacent to the hand wash basins. Furthermore, the hand wash basin was not solely used for the purpose of washing hands.
- The Proprietor failing to take all practicable measures to prevent or eradicate insect pests on the food premises.
To demonstrate the seriousness in which these issues are taken by the court in the interests of public health, a proprietor of a restaurant in the City of Canterbury was found guilty of several breaches under the Food Standards Code and was awarded fines and costs against him totalling almost $10,000.
The correct handling and manufacturing of food is essential to ensure that food for sale is safe and will not constitute a risk to the health of the public.
Food Safety Seminars
Our Environmental Health Officers conduct regular Food Safety Seminars for food shop proprietors and food handlers within our City. The Seminars are held in our Administration Building at 137 Beamish Street Campsie and are FREE. The seminars provide information and skills required regarding food handling and hygiene.
If you wish to attend the next Food Safety Seminar, please contact our Senior Environmental Health Officer, Angelo Tsirekas on (02) 9789 9370 for further details.
