Food Bill

251 Give directions to impose movement or related controls

• (1) The chief executive may give a direction described in subsection (2) to the persons described in section 248 if he or she reasonably suspects—

  • (a) that food or any thing that may become food does not comply with an applicable requirement of this Act; or

  • (b) the existence of a hazard or a source of contamination that may affect food or any thing that may become food.

  (2) The direction must be about imposing movement or related controls to determine, minimise, manage, or control the risk to human life or public health created by the suspected non-compliance or suspected existence of the hazard or the source of contamination.

  (3) The controls may be imposed on all or any of the following:

  • (a) activities:

  • (b) areas:

  • (c) food-related accessories:

  • (d) conveyances:

  • (e) craft:

  • (f) food:

  • (g) any thing that may become food:

  • (h) food businesses:

  • (i) vehicles:

  • (j) anything else that the chief executive suspects relates to the suspected non-compliance or he or she suspects is the suspected hazard or the source of suspected contamination.

  (4) The controls on those things described in subsection (3) may do all or any of the following in relation to food or any thing that may become food:

  • (a) restrict its movement, sale, production, or processing and handling:

  • (b) apply conditions to its movement, sale, production, or processing and handling:

  • (c) prohibit its movement, sale, production, or processing and handling:

  • (d) require the taking of specific actions such as sampling and testing to determine the risk (if any) to human life or public health:

  • (e) require the taking of specific actions to minimise, manage, or control the risk to human life or public health:

  • (f) do anything else that is necessary to achieve the purpose described in subsection (2).

  (5) The directions must specify the suspected non-compliance, hazard, or source of contamination.

  (6) The directions may specify the suspected non-compliance, hazard, or source of contamination by any means, including by reference to—

  • (a) a thing described in subsection (3); or

  • (b) a place (where, for example, there may be contamination from the land or the environment); or

  • (c) a particular person or food business or a specified class of food business (where, for example, the contamination may have been caused by a human act or omission).

  (7) The directions may—

  • (a) direct the keeping of information about the matters that are the subject of the directions; and

  • (b) direct the provision of reports about matters that are the subject of the directions; and

  • (c) require the person to whom the directions are given to notify the chief executive when—

    • (i) the non-compliance, hazard, or source of contamination has been identified; or

    • (ii) the non-compliance, hazard, or source of contamination has been minimised or removed; or

    • (iii) no non-compliance, hazard, or source of contamination has been identified.

  (8) The chief executive may approve a system under section 259 for giving directions under this section automatically when a specific occurrence indicates that controls are needed to minimise the risk created by the suspected non-compliance or the suspected existence of a specific hazard or a specific source of contamination.