a food control plan must set out for each food business covered by the plan; and

are in addition to the matters set out in section 42 of the Act.

describe the physical boundaries and layout of each place of food business by providing a diagram or site plan; and

describe the activities of the food business that are carried out within those physical boundaries; and

describe—

describe the activities that are carried out in neighbouring premises that pose a risk to the safety or suitability of food.

the procedures and activities of the food business set out in the food control plan will enable safe and suitable food to be traded; and

the practices carried out under the food control plan will enable safe and suitable food to be traded; and

the facilities, equipment, and essential services used in relation to those procedures, practices, and activities will enable safe and suitable food to be traded.

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

the accuracy of—

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

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

state whether the evaluator has determined that the plan is valid in terms of sections 41 and 42 of the Act; and

specify any conditions that the evaluator recommends should be imposed on the registration of the plan; and

contain the information described in subclause (3).

the name of the evaluator; and

the name of the food business; and

the name of the operator of the food business; and

the type of food to which the custom food control plan applies; and

a description of the practices and activities carried out under the custom food control plan; and

a list of the documents that comprised the custom food control plan at the time it was assessed (including the date or version identification of each document); and

for any onsite assessment that was carried out, the name and address of the place assessed; and

for any place that was exempted from an onsite assessment,—

the names of any technical experts who provided information used by the evaluator in the evaluation process; and

copies of any reports produced by those technical experts; and

information about the competency of those technical experts; and

the evaluator’s views on the matters described in regulation 9(1) and the evaluator’s reasons for reaching those views (such as the results of any onsite assessment or the assessment of validation information).

a custom food control plan:

a document that purports to contain the information specified in section 53(3)(a)(i) of the Act:

an evaluation report.

the custom food control plan is as assessed by the evaluator:

the document referred to in subclause (1)(b) provides a comprehensive and accurate representation of the plan assessed by the evaluator:

the evaluation report is as prepared by the evaluator.

the operator of a food control plan; and

the place of food business that is covered by the food control plan; and

any other matter or thing that the operator is responsible for under the food control plan.

identifying and managing any risk posed to the safety or suitability of food that relates to the location of the place (for example, previous uses of the location that could result in contamination of food or proximity to activities that could result in contamination of food); and

ensuring that the place has adequate space for—

ensuring that the design of the place enables the movement of staff, visitors, and food to flow in a way that prevents or manages the risk of contamination of food or food-related accessories; and

ensuring that the design of the place provides easy access for the cleaning and maintenance of the place and of the fixtures, fittings, and equipment used in the place; and

ensuring, to the extent reasonably practicable, that the place is designed, constructed, and located so as to—

ensuring, to the extent reasonably practicable, that the following materials are not capable of contaminating food:

maintained in a state of repair and condition that—

maintained in a way that does not—

is appropriate for any task for which it is used; and

is used in accordance with the manufacturer’s instructions (if any); and

is used in a way that does not adversely affect the safety or suitability of food; and

is stored, transported, and handled—

is stored in a container that—

becoming a source of contamination of food; or

being mistaken for food; or

attracting or harbouring pests.

regular inspections for pests and evidence of pests are carried out; and

any material or site that could attract pests is removed or destroyed; and

corrective action is taken when pests are found or evidence of pests is found, including by—

any water used for producing food, processing and handling food, personal hygiene, cleaning, or any other purpose—

the capacity of the water supply to the place of food business is adequate for the operations of the food business.

the food produced or processed and handled; and

any thing that is used in producing or processing and handling the food.

clearly identified as food that is not to be used; and

stored in a way that will prevent it from being used or contaminating other food.

are able to maintain the safety and suitability of food (to the extent that maintaining the safety and suitability of food is their intended use); and

do not create or contribute to hazards.

identifying and locating units of food; and

tracing food so that food can be traced—

in a readily accessible format; and

within 24 hours after the request, or within any reasonable shorter period specified by the chief executive or food safety officer.

the frequency and scale of the food business’s operation; and

the potential impact on consumers; and

the type of food sold by the operator; and

the feasibility, effectiveness, and efficiency of requiring the operator to comply with the requirement; and

any other matters that the chief executive considers relevant.

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

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

food sold by the food business that is not safe or suitable, or whose safety or suitability is in doubt; and

any food-related accessory sold by the food business—

the food or food-related accessory affected by the recall; and

the reason for the recall.

follow a routine of personal hygiene that is appropriate to maintain the safety and suitability of food; and

behave in a way that does not compromise the safety or suitability of food.

identify each step or combination of steps in the process of production or processing and handling at which it is essential to prevent or eliminate a hazard or to reduce a hazard to an acceptable level; and

set out—

any staff member or visitor who carries out a task that could adversely affect the safety or suitability of food has the competency required to carry out that task; and

any competency or skill required by the following people is identified and recorded:

staff and visitors understand what they must do while at the place of food business to enable food to be safe and suitable.

places of food business, facilities, and equipment; and

staff and visitors; and

practices, procedures, and activities.

identify the cause and extent of the loss of control; and

restore control; and

ensure that any food, food-related accessory, place of food business, or other thing affected by the loss of control is disposed of, restored, or otherwise dealt with; and

take appropriate action for the purpose of improving the competency or skill of any staff member or visitor involved in the loss of control; and

take measures for the purpose of preventing another loss of control; and

take any other corrective action that is appropriate, having regard to the nature of the loss of control and its effect on the safety and suitability of food.

is not, or may not be, safe or suitable; and

could cause an adverse or injurious effect on human life or public health.

the operator:

the chief executive:

the registration authority that the food control plan is registered with:

a food safety officer:

the operator’s verification agency or verifier.

is legible, accurate, and complete; and

is dated or marked in a way that identifies the version; and

if the record is relevant to a person’s responsibilities under the food control plan, is readily accessible to that person.

states the date and, if appropriate, the time at which the activity was performed; and

describes the results of the activity; and

names or otherwise identifies the person or persons who performed the activity.

is dated or marked in a way that identifies the version; and

is readily accessible to every person with responsibilities under the food control plan.

the requirements of this Part; and

the requirements of Part 3 that apply to persons and food businesses that are subject to a national programme.

if the operator chooses the chief executive, register all places of food business with the chief executive under 1 registration; or

if the operator chooses the relevant territorial authorities,—

the date that is 24 months after the date of registration; or

any later date that is specified in writing by the registration authority.

the operator of a food business that is subject to a national programme; and

the operator’s place of food business; and

any other matter or thing that the operator is responsible for under the programme.

identifying and managing any risk posed to the safety or suitability of food that relates to the location of the place (for example, previous uses of the location that could result in contamination of food or proximity to activities that could result in contamination of food); and

ensuring that the place has adequate space for—

ensuring that the design of the place enables the movement of staff, visitors, and food to flow in a way that prevents or manages the risk of contamination of food or food-related accessories; and

ensuring that the design of the place provides easy access for the cleaning and maintenance of the place and of the fixtures, fittings, and equipment used in the place; and

ensuring, to the extent reasonably practicable, that the place is designed, constructed, and located so as to—

ensuring, to the extent reasonably practicable, that the following materials are not capable of contaminating food:

have procedures for cleaning facilities, equipment, and the place of food business; and

have procedures for sanitising facilities, equipment, and the place of food business if, and to the extent that, it is necessary to sanitise the facilities, equipment, and the place of food business to enable food to be safe and suitable.

maintained in a state of repair and condition that—

maintained in a way that does not—

maintenance needed in respect of the place of food business and facilities and equipment is identified; and

all maintenance performed on the place of food business and facilities and equipment is recorded.

a food business that is subject to national programme level 1; or

a retailer of manufacturer-packaged chilled or frozen food (excluding ice cream, iced confectionery, and iced desserts); or

a food service provided to pre-school children (including children under 5 years of age) in a centre-based service setting.

is appropriate for any task for which it is used; and

is used in accordance with the manufacturer’s instructions (if any); and

is used in a way that does not adversely affect the safety or suitability of food; and

is stored, transported, and handled—

is stored in a container that—

the incident; and

the actions taken by the operator to—

becoming a source of contamination of food; or

being mistaken for food; or

attracting or harbouring pests.

regular inspections for pests and evidence of pests are carried out; and

any material or site that could attract pests is removed or destroyed; and

corrective action is taken when pests are found or evidence of pests is found, including by—

the type of pest found; and

the extent of the infestation.

provide facilities and equipment for cleaning and, if applicable, sanitising the place of food business; and

ensure that such facilities and equipment are sufficient to enable food to be safe and suitable.

any water used for producing food, processing and handling food, personal hygiene, cleaning, or any other purpose—

the capacity of the water supply to the place of food business is adequate for the operations of the food business.

the safety or suitability of food; or

the effective use of food-related accessories.

minimise airborne contamination of food; and

remove any fumes, smoke, steam, and vapours; and

control condensation or humidity; and

enable their maintenance and cleaning.

allow for adequate maintenance and cleaning; and

prevent pests from entering and remaining in the facilities; and

enable food and food-related accessories to be effectively protected from contamination during storage; and

provide an environment that minimises the deterioration of food, such as by controlling the temperature or humidity.

do not contaminate food, food-related accessories, or food contact surfaces; and

are not used in food.

personal hygiene facilities are available to persons at the place of food business; and

those facilities enable a person to maintain a level of personal hygiene that is sufficient to avoid the contamination of food, food-related accessories, and food contact surfaces; and

those facilities are located for easy access by staff and visitors and that such access does not compromise food safety or suitability.

provide containers for food waste, packaging materials, and other types of solid waste that are generated by the food business’s activities; and

ensure that those containers are made of material suitable for the type of waste being contained.

are adequate for the volume of any liquid waste generated at the place; and

are designed and constructed to minimise the risk of contaminating the food or water supply.

is capable of achieving the characteristics or conditions necessary for achieving and maintaining the safety and suitability of food; and

is appropriate for the volume of food processed; and

is made of material that will not contaminate food; and

allows for effective cleaning and, if appropriate, sanitising; and

enables, where relevant, parameters critical for the safety and suitability of food to be monitored and accurately measured.

the food produced or processed and handled; and

any thing that is used in producing or processing and handling the food.

the names and contact details of suppliers of food that is to be sold or used in the production or processing and handling of food; and

the type and quantity of received food that is to be sold or used in the production or processing and handling of food; and

the temperature of that food at the time it is received, if the food needs to be at a particular temperature in order to be safe and suitable; and

the corrective action taken by the operator—

clearly identified as food that is not to be used; and

stored in a way that will prevent it from being used or contaminating other food.

are able to maintain the safety and suitability of food (to the extent that maintaining the safety and suitability of food is their intended use); and

do not create or contribute to hazards.

identifying and locating units of food; and

tracing food so that food can be traced—

identify units of food; and

trace food in the way described in subclause (1)(b).

in a readily accessible format; and

within 24 hours after the request, or within any reasonable shorter period specified by the chief executive or food safety officer.

the frequency and scale of the food business’s operation; and

the potential impact on consumers; and

the type of food sold by the operator; and

the feasibility, effectiveness, and efficiency of requiring the operator to comply with the requirement; and

any other matters that the chief executive considers relevant.

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

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

food sold by the food business that is not safe or suitable, or whose safety or suitability is in doubt; and

any food-related accessory sold by the food business—

the food or food-related accessory affected by the recall; and

the reason for the recall.

the problem identified and the extent of the problem:

actions taken to identify and remove the food or food-related accessory from sale:

actions taken to prevent the problem recurring:

any monitoring of the recall process.

follow a routine of personal hygiene that is appropriate to maintain the safety and suitability of food; and

behave in a way that does not compromise the safety or suitability of food.

a food business that is subject to national programme level 1; or

a retailer of manufacturer-packaged chilled or frozen food (excluding ice cream, iced confectionery, and iced desserts); or

a food service provided to pre-school children (including children under 5 years of age) in a centre-based service setting.

any temperature, humidity, atmosphere, or other condition necessary for the safety or suitability of food is maintained while the food is being transported; and

corrective action is taken if food is not transported in a manner that maintains its safety and suitability; and

records are kept of the matters referred to in paragraphs (a) and (b).

a food business that is subject to national programme level 1 other than a transporter or distributor of food products; or

a retailer of manufacturer-packaged chilled or frozen food (excluding ice cream, iced confectionery, and iced desserts); or

a food service provided to pre-school children (including children under 5 years of age) in a centre-based service setting.

identify each step or combination of steps in the process of production or processing and handling at which it is essential to prevent or eliminate a hazard or to reduce a hazard to an acceptable level; and

set out—

any staff member or visitor who carries out a task that could adversely affect the safety or suitability of food has the competency required to carry out that task; and

any competency or skill required by the following people is identified and recorded:

records are kept that demonstrate that those competencies and skills have been achieved and maintained; and

staff and visitors understand what they must do while at the place of food business to enable food to be safe and suitable.

places of food business, facilities, and equipment; and

staff and visitors; and

practices, procedures, and activities.

identify the cause and extent of the loss of control; and

restore control; and

ensure that any food, food-related accessory, place of food business, or other thing affected by the loss of control is disposed of, restored, or otherwise dealt with; and

take appropriate action for the purpose of improving the competency or skill of any staff member or visitor involved in the loss of control; and

take measures for the purpose of preventing another loss of control; and

take any other corrective action that is appropriate, having regard to the nature of the loss of control and its effect on the safety and suitability of food.

a description of the loss of control; and

how control was restored; and

how any affected food was identified, controlled, or disposed of; and

how any affected places, facilities, and equipment were dealt with; and

how issues affecting the competency of staff and visitors involved with the loss of control were identified and dealt with; and

any measures taken to prevent a recurrence of the loss of control; and

any other corrective actions taken.

is not, or may not be, safe or suitable; and

could cause an adverse or injurious effect on human life or public health.

is legible, accurate, and complete; and

is dated or marked in a way that identifies the version; and

if the record is relevant to the responsibilities of the operator or any staff member of the food business, is readily accessible to that person.

states the date and, if appropriate, the time at which the activity was performed; and

describes the results of the activity; and

names or otherwise identifies the person or persons who performed the activity.

in the case of an existing business, within 6 months of registration of the custom food control plan; or

in the case of a new business, within 3 months of registration of the custom food control plan.

no more frequently than every 3 months; and

at least once every 18 months; and

in accordance with regulation 90.

in the case of an existing business, within 1 year of registration; or

in the case of a new business, within 6 weeks of registration.

no more frequently than every 3 months; and

at least once every 18 months; and

in accordance with regulation 90.

the food business operates under a food control plan that is registered under section 59 of the Act; or

the food business is subject to a national programme and is registered under section 88 of the Act.

carry out verification of the food business and the deemed food control plan at the same frequency as the audit frequency last assigned to the food business under the Food Act 1981 before 1 March 2016; and

reduce or increase the frequency of verification in accordance with regulation 90(3) and (4).

in the case of an existing business, within 6 months of registration; or

in the case of a new business, within 6 weeks of registration.

no more frequently than every 3 months; and

at least once every 2 years; and

in accordance with regulation 94.

in the case of an existing business, within 1 year of registration; or

in the case of a new business, within 6 weeks of registration.

no more frequently than every 3 months; and

at least once every 3 years; and

in accordance with regulation 94.

in the case of an existing business, within 1 year of registration; or

in the case of a new business, within 6 weeks of registration.

carry out an initial verification of the food business’s compliance with national programme level 1; and

carry out any subsequent verification in accordance with regulation 94(3) and (4).

must, if the food business is subject to national programme level 3, carry out subsequent verifications at the frequency referred to in step 6 of the table in subclause (1) (the table); and

must, if the food business is subject to national programme level 2, carry out subsequent verifications at the frequency referred to in step 7 of the table; and

must not, if the food business is subject to national programme level 1, carry out any further verifications unless regulation 102 applies.

if the food business is subject to national programme level 3, to a level set out in steps 5 to 1 of the table; or

if the food business is subject to national programme level 2, to a level set out in steps 6 to 1 of the table; or

if the food business is subject to national programme level 1, to a level set out in steps 7 to 1 of the table.

if the food business is subject to national programme level 3, to a level set out in steps 6 to 2 of the table; or

if the food business is subject to national programme level 2, to a level set out in steps 7 to 2 of the table; or

if the food business is subject to national programme level 1, to a level set out in steps 8 to 2 of the table.

the operator may, no later than 2 weeks before the due date, request that the registration authority extend the prescribed time; and

the registration authority may extend the prescribed time to a date no later than 6 weeks after the due date if—

under regulation 87(1) to ensure that the custom food control plan and food business are verified; or

under regulation 88(1) to ensure that the template food control plan and the food business are verified; or

under regulation 91(1) to ensure that the food business’s compliance with national programme level 3 is verified; or

under regulation 92(1) to ensure that the food business’s compliance with national programme level 2 is verified; or

under regulation 93(1) to ensure that the food business’s compliance with national programme level 1 is verified.

is due to comply with the verification requirements in accordance with regulation 87(1), 88(1), or 90 during the period—

is due to comply with the verification requirements in accordance with regulation 91(1), 92(1), 93(1), or 94 during the period—

is exempt from the compliance referred to in subclause (1); but

must comply with the verification requirements when compliance with those requirements is next due in accordance with regulation 87(1), 88(1), 90, 91(1), 92(1), 93(1), or 94.

multi-site food control plans; and

multi-site food businesses (whether the business is subject to a food control plan or a national programme); and

multi-business food control plans; and

places of food business that are subject to multi-business food control plans.

a multi-site food business and—

a multi-business food control plan and—

the verification agency or verifier may treat the verification outcome of 1 or more places of food business that are part of the multi-site food business as applying to all places of food business that are part of the multi-site food business; and

the verification scope and frequency may vary between each place of food business.

the verification agency or verifier may treat the verification outcome of 1 or more places of food business that are subject to the plan as applying to all places of food business that are subject to the plan; and

the verification scope and frequency may vary between each place of food business.

the verification of the operations of a registered importer to be carried out in accordance with this subpart; and

the initial verification of those operations to be carried out within a specified time.

must consider—

may consider any other factors the chief executive considers relevant.

as soon as practicable after being informed by the chief executive; or

within a time (if any) specified by the chief executive under subclause (1)(b).

each part of the food business that is subject to a risk-based measure must, as a minimum, be verified at the frequency that applies to that risk-based measure; and

each part of the food business that is not subject to a risk-based measure continues not to be subject to any verification requirement.

any recalls of food undertaken at the direction of the chief executive or undertaken by any food business or any registered importer:

any contamination, or suspected contamination, of the food by any hazard:

any information that the registration authority considers is reasonable grounds for suspecting that the food is not safe or suitable or otherwise does not comply with any applicable requirements of the Act:

any information that the registration authority considers is reasonable grounds for suspecting that the food business or operations of the registered importer do not comply with any applicable requirements of the Act:

any findings from monitoring, surveys, or auditing conducted by the registration authority of activities of food businesses or importers:

any other factors the registration authority considers relevant.

must, in writing, advise the verification agency or verifier responsible for verifying the food business or operations of the registered importer of the issues referred to in subclause (1); and

may require the verification of the food business and the food control plan (if applicable) or the operations of the registered importer to be carried out within a specified time.

as soon as practicable after receiving the advice of the registration authority; or

within a time (if any) specified by the registration authority in the advice.

determine a corrective action; and

carry out the corrective action within a specified time.

agree to a period of time within which the operator or registered importer must prepare a corrective action plan for the consideration of the verification agency or verifier; and

agree to a corrective action plan, which must state the corrective actions to be carried out and the time within which each action must be carried out.

of the operator’s or registered importer’s compliance with the applicable requirements of the Act; and

in the case of a food business,—

that subclause (4) does not otherwise apply.

there is, or has been, non-compliance by the operator or registered importer with an applicable requirement of the Act that is likely to result in food being unsafe or unsuitable; or

in the case of a food business,—

1 or more of the following apply:

the name of the verification agency or verifier; and

the name of the operator or registered importer; and

the name (including the trading name if applicable) and address of the food business or registered importer; and

a summary of the verification activities undertaken; and

the outcome of the verification; and

any recommendations concerning corrective actions (see regulations 103 and 104); and

if applicable, any aspects of an unacceptable outcome that have triggered an increase in verification frequency; and

the proposed date of the next verification, noting that this does not prevent an unscheduled verification; and

the names of any technical experts who had a role in any verification activity and information about their competence for that role (for example, relevant qualifications and experience).

in the case of a decision of a verification agency, to the chief executive; or

in the case of a decision of a verifier, to the recognised agency of the verifier, or if there is no recognised agency, to the relevant registration authority.

reconsider the decision within 20 working days after receipt of the application for reconsideration, or a later date if the applicant agrees; and

give written notice of his or her or its decision to the applicant and the verification agency or verifier.

advise the appropriate registration authority as soon as practicable of—

include in that advice, any actions that the agency or verifier recommends that the authority should undertake.

a food business or food control plan for which the authority is the registration authority; or

the operations of a registered importer.

demonstrate that the person—

hold an accreditation to ISO 17020 Type A inspection body if the person intends to carry out any of the following:

demonstrate that it—

hold an accreditation to ISO 17020 Type A inspection body if the agency or group of persons intends to carry out any of the following:

continue to have a written quality management system that complies with regulation 110(2); and

continue to comply with procedures set out in that quality management system; and

if regulation 111(2)(b) or 112(2)(b) applies to the agency, continue to hold an accreditation to ISO 17020 Type A inspection body.

for the purpose of section 139(3)(a)(v) of the Act, to any natural person applying to be recognised under section 139 of the Act:

for the purpose of section 140(2) of the Act, to any natural person whom the chief executive is considering recognising under section 140 of the Act:

for the purpose of section 141(4)(a)(vi) of the Act, to any class of natural persons applying to be recognised under section 141 of the Act:

for the purpose of section 141(4)(a)(vi) of the Act, to any class of natural persons that the chief executive is considering recognising under section 141 of the Act:

regardless of whether the natural person or member of the class of natural persons is managed, employed, or engaged by a recognised agency.

the applicable requirements of the Act and relevant requirements under other enactments; and

the identification and control of food safety hazards; and

food suitability requirements; and

good operating practice for food businesses; and

particular sectors, industries, or processes that are relevant to the specified functions and activities of the person or class of persons of which the person is a member; and

the design and construction of premises, facilities, and processes relating to food businesses; and

how to perform audits competently; and

when specialist technical expertise is needed and how it can be obtained.

demonstrate that the person—

if the person intends to carry out any of the following, hold an accreditation to ISO 17020 Type A inspection body or be a member of, or be employed, engaged, or managed by, a body that holds that accreditation:

demonstrate that the member—

if the member intends to carry out any of the following, hold an accreditation to ISO 17020 Type A inspection body or be a member of, or be employed, engaged, or managed by, a body that holds that accreditation:

continue to demonstrate that the person has knowledge and understanding of the matters referred to in regulation 114(2); and

continue to have a written quality management system that complies with regulation 110(2) and continue to comply with procedures set out in that quality management system; and

if regulation 115(1)(b) applies, continue to hold an accreditation to ISO 17020 Type A inspection body or be a member of, or be employed, engaged, or managed by, a body that holds that accreditation.

continue to demonstrate that the member has knowledge and understanding of the matters referred to in regulation 114(2); and

either—

if regulation 115(2)(b) applies, continue to hold an accreditation to ISO 17020 Type A inspection body or be a member of, or be employed, engaged, or managed by, a body that holds that accreditation.

a recognised agency or recognised person that holds an accreditation to ISO 17020 Type A inspection body; and

a member of a recognised class of natural persons if the member—

as soon as practicable after receiving any assessment report from the relevant accreditation body, provide the chief executive with a copy of the report; or

ensure that the relevant accreditation body is authorised to provide copies of any assessment reports to the chief executive.

the requirements for accreditation; and

the applicable requirements of the Act.

ensure that an assessment of the safety and suitability of the food has been carried out; and

confirm, as a result of that assessment, that the food is or will be safe and suitable at the time that responsibility for the food passes to the registered importer.

keep, or have ready access to, the information described in subclause (2) or regulation 124A for at least 4 years after the date of import of the food; and

provide that information as soon as practicable when requested by a food safety officer.

the name and contact details of the supplier of the food; and

the name and contact details of the manufacturer or producer of the food; and

information that demonstrates that the food has been assessed or confirmed as being safe and suitable in accordance with regulation 122; and

information that demonstrates that the food is transported and stored in accordance with regulation 123; and

a description of the identity of the food by commodity, brand (if any), and lot or batch.

identifying and locating imported food; and

tracing food so that food can be traced—

in a readily accessible format; and

within 24 hours after the request, or within any reasonable shorter period specified by the chief executive or food safety officer.