Enforcement Category A (2018)

Category A (2018) 

A Category A enforcement agency is subject to the following limitations under section 111B of the NSW Food Act 2003: 

1) the functions conferred or imposed on the enforcement agency under the NSW Food Act 2003, excluding the function of appointing an authorised officer under Division 3 of Part 9 of that Act, are only to be exercised within “the Area” in respect of an imminent threat to: 

a) public health and safety; or

b) the health of any individual;

in connection with food; and 

2) the function of appointing one or more authorised officers under Division 3 of Part 9 of the NSW Food Act 2003 is to be exercised so that the functions of each authorised officer appointed are only exercisable within “the Area” in respect of an imminent threat to: 

a) public health and safety;

b) the health of any individual;

in connection with food. 

A Category A enforcement agency is subject to the following conditions under section 111B of the NSW Food Act 2003: 

1) comply with the following protocols for enforcement agencies: 

a) Activity report;

b) Food complaint referral;

c) Reporting legal proceedings;

d) Submitting food samples for testing; and

e) Urgent food safety response; and

2) ensure that all authorised officers maintain current knowledge of the advisory guidelines for enforcement agencies issued by the NSW Food Authority from time to time; and 

3) make authorised officers available to regularly participate in networking meetings and undertake professional development. 

It is the duty of the enforcement agency to exercise the functions conferred or imposed under the NSW Food Act 2003, or delegated to it under that Act, under section 111D of that Act. 

The appointment does not authorise the enforcement agency to exercise any of the functions conferred or imposed under the NSW Food Act 2003 on another enforcement agency appointed in respect of “the Area” under section 111(4) and section 111(5) of that Act.  

For the purposes of the appointment:  

Retail food business means a food business at a premises, and vehicles used to transport food, within “the Area”:  

a) where the principal food-related activity is one or both of:  

(i) the handling of food intended for sale directly to consumers from any premises by that business; or  

(ii) the sale of food directly to consumers; and  

b) which is not a food business, or part of a food business, that is required to be licensed under the NSW Food Act 2003.  

“the Area” means the name of the relevant local government area, part of the local government area or other area for which the enforcement agency has been appointed by the NSW Food Authority under section 111(4) of the NSW Food Act 2003.