Changes to the Food Act 2001 that impact on the sport and recreation sector in the ACT- presented by Health Protection Service, ACT Health

1. Food Act 2001
Community sporting clubs
obligations

2. 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

3. 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

4. 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,

5. 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 of
advertisement or in the furtherance of trade or business, is taken to have been displayed for sale by the owner of the food or equipment.

6. Registration Exemptions
(Notifiable Food Businesses)
Required to NOTIFY ACT HPS
•Legislation
•Various exemptions
•Examples

7. 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;
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(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.
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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

8. 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

9. 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 foods
 Honey stall at markets selling jars of honey
 liquor store
(tastings may require registration as not ‘packaged’)

10. 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 exemptions
Transport only, vending machines

11. REGISTRATION REQUIREMENTS
Administrative Process
- Registration application form (and
fee, if applicable)
- Associated information required to
assess
- Fixed premises - fitout application
- Food Safety Supervisor

12. 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)

13. 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 Supervisors
http://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

14. Food Safety Supervisors:
Person who—
 Completed an approved food safety training course; and
 satisfies any requirement under this Act about eligibility to
become or remain a food safety supervisor; and
 as 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.

15. In Practice
 Will 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.

16. Registered Training Organisations
(RTOs)
www.training.gov.au

17. Search:

18. Appropriate unit search:

19. Modify search to narrow down

20. Numerous RTOs
• -interstate
• Offer online training
• NSW Food Authority has an
approved list
–www.foodauthority.nsw.gov.au

21. 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!