This document discusses managing duty of care in the food and beverage industry from a legal perspective. It provides an overview of the relevant legislation framework in Australia including food safety and occupational health and safety laws. It also discusses the concept of duty of care and negligence. Key issues that can arise in the food and beverage environment are identified and principles for managing food and beverage risks are outlined.

1. Managing Duty of Care in Food and Beverage DANGER ALERT

3. The Legal Tree State Legislation Commonwealth Legislation Commonwealth Regulations State Regulations Common Law

4. Legislative framework for Food Trade Practice/Fair Trading Commonwealth, States/Territories & New Zealand FSANZ FOOD STANDARDS CODE Food/Health Laws States/Territories New Zealand Import Controls Commonwealth & New Zealand Environmental Legislation Agricultural Legislation

13. What is ‘Duty of Care’?

15. The modern version of negligence The modern version of negligence was established in 1932 in the famous decision of Lord Atkin in Donoghue v Stevenson [1932] AC 562

16. Donoghue v Stevenson [1932] A manufacturer of products which he sells in such a form as to show that he intends them to reach the ultimate consumer in the form in which they left him with no reasonable possibility of intermediate examination, and with the knowledge that the absence of reasonable care in the preparation or putting up of the products will result in an injury to the consumer’s life or property, owes a duty to the consumer to take that reasonable care. Snail