Food Regulations 2015

9 Evaluation process of custom food control plans

(1)

In evaluating a custom food control plan, an evaluator must assess—

(a)

whether the plan meets the applicable requirements of the Act, including—

(i)

whether the description set out in the plan for the purpose of section 42(g) of the Act includes all hazards and other factors that are reasonably likely to occur or arise; and

(ii)

whether the validation information set out in the plan demonstrates the matters described in paragraphs (a) to (c) of regulation 7(2); and

(b)

the accuracy of—

(i)

the information contained in the plan; and

(ii)

any other information provided to the evaluator for the purpose of the assessment under paragraph (a)(i) or (ii).

(2)

For the purposes of subclause (1), the evaluator must carry out an onsite assessment of each place of food business covered by the custom food control plan.

(3)

The evaluator may request that the operator provide any information about the food business that the evaluator reasonably requires to carry out the evaluation.

Exemptions

(4)

The chief executive may, in a particular case or class of case, exempt 1 or more places of food business from the requirement for an onsite assessment after considering the likely effect of the exemption on the safety and suitability of food.

(5)

An exemption under subclause (4) must be—

(a)

granted in writing, if it applies to a particular case; or

(b)

given effect to by a notice under section 405 of the Act, if it applies to a class of case.