Health (Food Standards) (Administration) Regulations 1986 01-00-00 Xml

Crest
Western Australia

Health Act 1911

Health (Food Standards) (Administration) Regulations 1986

Reprint 1: The regulations as at 12 September 2003

Guide for using this reprint

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Endnotes, Compilation table, and Table of provisions that have not come into operation

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Notes amongst text (italicised and within square brackets)

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•removed (because it was repealed or deleted from the law); or

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		Reprinted under the Reprints Act 1984 as
		at 12 September 2003

Western Australia

Health (Food Standards) (Administration) Regulations 1986

CONTENTS

1.Citation1

2.Appeal to Local Court1

3.Power of Executive Director, Public Health, to require recall, destruction or other disposal of certain food2

4.Notice of seizure and detention of article3

4A.Imported oysters3

5.Application to Local Court for release of article seized and detained4

6.Fee for copy of result of analysis of article seized, etc.4

7.Certificate of analysis4

8.Completion of forms4

Schedule — Prescribed forms5

Notes

Compilation table10

		Reprinted under the Reprints Act 1984 as
		at 12 September 2003

Western Australia

Health Act 1911

Health (Food Standards) (Administration) Regulations 1986

1.Citation

These regulations may be cited as the Health (Food Standards) (Administration) Regulations 1986 1.

2.Appeal to Local Court

(1)An appeal under section 246Y(6) of the Act against a refusal made by a environmental health officer shall be instituted by way of a notice of appeal in the form of Form 1 set out in the Schedule.

(2)A notice of appeal referred to in subsection (1) shall be filed in the Local Court held nearest to the place at which the relevant inspection was held and a copy of that notice of appeal shall forthwith on that filing be served on the environmental health officer who made that inspection.

(3)The Local Court in which a notice of appeal is filed under subsection (2) shall appoint a place, date and time for the hearing and determination of the appeal concerned and notify in writing the appellant and the environmental health officer on whom the notice of appeal is served under that subsection of that place, date and time.

(4)An appeal referred to in subsection (1) shall be —

(a)conducted in such manner as the Local Court concerned directs; and

(b)in the nature of an inquiry into the circumstances of and reasons for the refusal against which that appeal is made.

[Regulation 2 amended in Gazette 29 Jun 2001 p. 3124.]

3.Power of Executive Director, Public Health, to require recall, destruction or other disposal of certain food

(1)If the Executive Director, Public Health, believes on reasonable grounds that there is within the State food that has become damaged, deteriorated, impoverished, contaminated or perished to such degree as renders it unfit for consumption by man or injurious to health, dangerous or offensive, he may by instrument in writing served on the vendor, manufacturer, packer or importer of that food or any 2 or more of them require him or them to take all such steps and do all such acts and things, within such period, as the Executive Director, Public Health, considers necessary and specifies in that instrument with respect to that food or such part thereof as is so specified —

(a)to recall that food or part from —

(i)members of the public; or

(ii)retail or wholesale vendors,

or both who may be in possession of that food or part; or

(b)to destroy, denature or otherwise dispose of that food or part —

(i)that may be in his or their possession on; or

(ii)that may come into his or their possession at any time after,

the date of service of that instrument or both.

(2)A person on whom an instrument in writing is served under subregulation (1) shall comply with every requirement contained in that instrument.

(3)A person who contravenes subregulation (2) commits an offence and is liable to —

(a)a penalty which is not more than $2 500 and not less than —

(i)in the case of a first offence, $250;

(ii)in the case of a second offence, $500; and

(iii)in the case of a third or subsequent offence, $1 250;

and

(b)if that offence is a continuing offence, a daily penalty which is not more than $250 and not less than $125.

[Regulation 3 amended in Gazette 23 Dec 1988 p. 4971.]

4.Notice of seizure and detention of article

For the purposes of section 246ZE of the Act, the prescribed form is Form 2 set out in the Schedule.

4A.Imported oysters

A person who imports oysters into Western Australia from another State or Territory or from another country must —

(a)give a copy of the consignment notice for the oysters to the Executive Director, Public Health as soon as the notice is received by the importer;

(b)give written notice of the place where the oysters are to be stored, and may be inspected, on delivery to the State; and

(c)hold the oysters at the place of delivery until an environmental health officer issues a clearance certificate for the oysters.

[Regulation 4A inserted in Gazette 29 Jun 2001 p. 3124.]

5.Application to Local Court for release of article seized and detained

For the purposes of section 246ZG(1) of the Act, the prescribed form is Form 3 set out in the Schedule.

6.Fee for copy of result of analysis of article seized, etc.

For the purposes of section 246ZJ, the prescribed fee is $25.

7.Certificate of analysis

The form of a certificate of analysis given for the purposes of Part VIII of the Act shall be the form of Form 4 set out in the Schedule.

8.Completion of forms

A form set out in the Schedule shall be completed —

(a)in accordance with the directions contained in that form; and

(b)with such additions thereto and deletions therefrom as are appropriate for the purpose for which that form is used.

Schedule

[Regulations 2(1), 4, 5, 7 and 8]

Prescribed forms

Form 1

Western Australia

Health Act 1911

Health (Food Standards) (Administration) Regulations 1986

[Regulation 2(1)]

NOTICE OF APPEAL UNDER SECTION 246Y(6) AGAINST REFUSAL OF ENVIRONMENTAL HEALTH OFFICER TO GIVE CERTIFICATE

To the clerk of the Local Court

at (1)

TAKE NOTICE that (2)

appeals to the Local Court at (1)

against the refusal of (3)

an environmental health officer under the Health Act 1911, on the completion of an inspection made by that environmental health officer on the day of 20 of

(a)food premises situated at

described as

(b)a food vehicle at

described as

(c)an appliance at

described as

to give to (4) a certificate that the food premises/food vehicle/appliance have/has been put into and are/is in a clean and sanitary condition.

The grounds of appeal are —

Dated at this day of 20 .

Applicant

(1)Insert name of place for holding Local Court nearest to place where inspection occurred.

(2)Insert name and address of proprietor of food premises, food vehicle or appliance.

(3)Insert name and address of environmental health officer.

(4)Insert name of proprietor of food premises, food vehicle or appliance.

Form 2

Western Australia

Health Act 1911

Health (Food Standards) (Administration) Regulations 1986

[Regulation 4]

NOTICE OF SEIZURE AND DETENTION UNDER SECTION 246ZE

To (1)

TAKE NOTICE that the article/articles described in the table below has/have this day been seized and detained by me. At my direction that/those articles —

(a) (2)is/are kept and stored in, at or on —

(i)the premises or other place described as .......................
and situated at ..........................................................; or

(ii)the vehicle described as ...............................................,
where it was/they were seized and detained;

(b) (2)has/have been removed to and is/are being kept at any other proper place described as .............................................................
and situated at .........................................................................; or

(i)destroyed by ............................................................; or

(ii)otherwise disposed of by .............................................,

with the consent of the owner thereof/having been in my opinion decayed/deteriorated/putrefied/(3)

TABLE

Description of articles

Quantity

Brands or markings

IN MY OPINION the articles so seized and detained were — (4)

Dated at this day of 20 .

Environmental Health Officer

(1)Insert name of person apparently in charge of articles seized and detained or of other person specified in section 246ZE(b) or 246ZE(c), as the case requires.

(2)Strike out words in (a), (b) or (c) not applicable.

(3)State other applicable circumstances.

(4)State condition of articles or other applicable circumstances.

Form 3

Western Australia

Health Act 1911

Health (Food Standards) (Administration) Regulations 1986

[Regulation 5]

APPLICATION UNDER SECTION 246ZG TO LOCAL COURT FOR RELEASE OF ARTICLES SEIZED AND DETAINED

To the clerk of the Local Court

at (1)

WHEREAS an article/articles, namely (2)

was/were on the day of 20

seized and detained by (3) of

an environmental health officer under the Health Act 1911 at (4)

NOW I, , of

the person from whom that article was/those articles were seized make application to the Local Court at (1) for an order directing (3) to release the article/articles so seized and detained and for such other or further order in the matter as that Local Court is by law authoris ed to make.

The grounds of this application are: —

................................................................................................................................

Dated at this day of 20

..................................................................

Applicant.

(1)Insert name of place for holding Local Court nearest to place where seizure and detention occurred.

(2)Describe article/articles.

(3)State name of environmental health officer who made seizure and detention.

(4)State place where seizure and detention occurred.

Form 4

Western Australia

Health Act 1911

Health (Food Standards) (Administration) Regulations 1986

[Regulation 7]

CERTIFICATE OF ANALYSIS

I, the undersigned, being an analyst within the meaning of Part VIII of the Act, certify that —

(a)I received a sample of (1) ....................................................................

from ................................................................., particulars of which are as follows —

Date received ..........................................................................

How secured (2) ........................................................................

Marks: —

Identifying number ..................................................................

Description ..............................................................................

Where obtained .......................................................................

Submitted by ...........................................................................

(b)I have analysed/supervised the analysis of the same;

(c)The results of the analysis referred to in paragraph (b) are as follows — (3)

............................................................................................................

(d)I am of the opinion that (4) .................................................................

............................................................................................................

........................................................................................................

Dated at this day of 20

..........................................................

Analyst

Certificate No. .............................................................

(1)Insert “a sample” or other appropriate description of the article or thing received.

(2)Insert sealed (number .......................) or fastened, whichever is appropriate.

(3)Insert the results of the analysis on which the opinion expressed in this certificate is based.

(4)Insert the opinion on the sample, article or other thing analysed, having regard to Part VIII of the Act and the regulations made under section 341 thereof is read with section 247 thereof.

In the case of a certificate concerning a sample, article or other thing liable to change in composition, it should be stated whether or not a change has or could have taken place that has or would have affected the proportion of the constituents of that sample, article or other thing.

[Schedule amended in Gazette 29 Jun 2001 p. 3124‑5.]

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Notes

1This reprint is a compilation as at 12 September 2003 of the Health (Food Standards) (Administration) Regulations 1986 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Health (Food Standards) (Administration) Regulations 1986	21 Nov 1986 p. 4266‑9	21 Nov 1986
Health (Offences and Penalties) Amendment Regulations (No. 2) 1988 Pt. 3	23 Dec 1988 p. 4970-5	23 Dec 1988
Health (Food Standards) (Administration) Amendment Regulations 2001	29 Jun 2001 p. 3123‑5	29 Jun 2001
Reprint 1: The Health (Food Standards) (Administration) Regulations 1986 as at 12 Sep 2003 (includes amendments listed above)

By Authority: JOHN A. STRIJK, Government Printer