Food (Forms and Registration) Regulations 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Food (Forms and Registration) Regulations 2015 S.R. No. 132/2015 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 1 5 Definition 1 6 Notice of seizure and detention of an article 2 7 Application for an order directing the release of a detained article 2 8 Certificate of analysis 2 9 Certificate of registration of food premises 2 10 Records of registration of food premises 2 Schedule 1—Notice of seizure and detention of an article 3 Schedule 2—Application for an order directing the release of a detained article 4 Schedule 3—Certificate of analysis 5 Schedule 4—Certificate of registration of food premises 6 Schedule 5—Records of registration of food premises 7 ═══════════════ Endnotes 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2015 S.R. No. 132/2015 Food Act 1984 Food (Forms and Registration) Regulations 2015 The Governor in Council makes the following Regulations: Dated: 18 November 2015 Responsible Minister: JILL HENNESSEY Minister for Health ANDREW ROBINSON Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe forms and the details to be kept of premises registered under the Food Act 1984. 2 Authorising provision These Regulations are made under section 63 of the Food Act 1984. 3 Commencement These Regulations come into operation on 21 November 2015. 4 Revocation The Food (Forms and Registration) Regulations 20051 are revoked. 5 Definition In these Regulations— the Act means the Food Act 1984. -- 2 of 9 -- Food (Forms and Registration) Regulations 2015 S.R. No. 132/2015 2 Authorised by the Chief Parliamentary Counsel 6 Notice of seizure and detention of an article For the purposes of section 24 of the Act, the prescribed form for a notice is set out in Schedule 1. 7 Application for an order directing the release of a detained article For the purposes of section 26(1) of the Act, the prescribed form for an application is set out in Schedule 2. 8 Certificate of analysis For the purposes of sections 31(c) and 31A(3)(a) of the Act, the prescribed form for a certificate is set out in Schedule 3. 9 Certificate of registration of food premises For the purposes of section 40 of the Act, the required form for a certificate of registration is set out in Schedule 4. 10 Records of registration of food premises For the purposes of section 43(1) of the Act, the prescribed particulars are set out in Schedule 5. -- 3 of 9 -- Schedule 1—Notice of seizure and detention of an article Food (Forms and Registration) Regulations 2015 S.R. No. 132/2015 3 Authorised by the Chief Parliamentary Counsel Schedule 1—Notice of seizure and detention of an article Regulation 6 Food Act 1984 Food (Forms and Registration) Regulations 2015 NOTICE OF SEIZURE AND DETENTION OF AN ARTICLE To [name] of [address] I, [name of authorized officer] of [address of authorized officer], being an authorized officer under the Food Act 1984, give notice that I have at [time a.m./p.m.] this day seized and detained the article(s) described below. Description of article(s): Grounds for seizure: IMPORTANT NOTICE Unless you, or a person claiming the article(s), apply to the Magistrates' Court within 7 days after this seizure for an order directing the release of the detained article(s) in the form of Schedule 2 to the Food (Forms and Registration) Regulations 2015, the seized and detained article(s) will be destroyed or otherwise disposed of. Signature of authorized officer: Date: -- 4 of 9 -- Schedule 2—Application for an order directing the release of a detained article Food (Forms and Registration) Regulations 2015 S.R. No. 132/2015 4 Authorised by the Chief Parliamentary Counsel Schedule 2—Application for an order directing the release of a detained article Regulation 7 Food Act 1984 Food (Forms and Registration) Regulations 2015 APPLICATION FOR AN ORDER DIRECTING THE RELEASE OF A DETAINED ARTICLE In the Magistrates' Court of Victoria at [venue] I, [name] of [address] apply for an order directing the release from detention of the article(s) described below and seized on [date] at [address] and detained by an authorized officer under section 21 of the Food Act 1984. Description of article(s): Name of authorized officer who seized and detained the article(s): Grounds(s) for the application: Signature: Date: Note: 1. Any application for an order directing the release of any detained article(s) must be made within 7 days after the seizure of that article. 2. You must immediately give a copy of this application to the authorized officer responsible for the seizure and detention of the article(s). 3. The Magistrates' Court shall disallow the seizure and direct the release of the article(s) if the Court is satisfied that: (a) the authorized officer did not have reasonable grounds for believing that the article(s) was in contravention of a provision of the Food Act 1984; or (b) the article(s) was not in contravention of any provision of the Food Act 1984. -- 5 of 9 -- Schedule 3—Certificate of analysis Food (Forms and Registration) Regulations 2015 S.R. No. 132/2015 5 Authorised by the Chief Parliamentary Counsel Schedule 3—Certificate of analysis Regulation 8 Food Act 1984 Food (Forms and Registration) Regulations 2015 CERTIFICATE OF ANALYSIS I, [full name] of [address], a person authorized under the Food Act 1984 to undertake this type of analysis, certify the matters set out below. (1) On [date of receipt of sample] , I received from [name and address of person submitting sample] a sample— *sealed and with seal intact *with seal broken *unsealed and marked [insert marking]. (2) I have *analysed the sample/supervised the analysis of the sample. (3) The result of the analysis is as follows: [insert analytical results]. *(4) I am of the opinion that no change has taken place in the constitution of the sample which would affect the proportion of any constituent set out above. [If there is a prescribed apparatus to be used or method to be observed, insert the following:] *I declare that I have used the prescribed apparatus or observed the prescribed method. [Insert details of prescribed apparatus or method.] Signature of analyst: Laboratory: Date: *Strike out words not applicable. -- 6 of 9 -- Schedule 4—Certificate of registration of food premises Food (Forms and Registration) Regulations 2015 S.R. No. 132/2015 6 Authorised by the Chief Parliamentary Counsel Schedule 4—Certificate of registration of food premises Regulation 9 Food Act 1984 Food (Forms and Registration) Regulations 2015 CERTIFICATE OF REGISTRATION OF FOOD PREMISES Registration Authority: [insert name] This certificate of registration is granted to [insert name and address of person(s) in whose name the premises are registered under section 40(1) of the Food Act 1984]. The registration continues in force until [insert date of expiry of registration]. Name of business (if any): Description of business: Address of food premises: Class of food premises: Registration Authority: [signature] Date: -- 7 of 9 -- Schedule 5—Records of registration of food premises Food (Forms and Registration) Regulations 2015 S.R. No. 132/2015 7 Authorised by the Chief Parliamentary Counsel Schedule 5—Records of registration of food premises Regulation 10 Number of registration Date of application for registration, renewal or transfer Name and address of proprietor(s) Name of business (if any) Address of food premises Description of business Date of registration Date(s) of renewal of registration (if applicable) Date(s) of transfer of registration with name and address of person(s) to whom registration transferred (if applicable) Conditions (if any) of registration, renewal or transfer ═══════════════ -- 8 of 9 -- Endnotes Food (Forms and Registration) Regulations 2015 S.R. No. 132/2015 8 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4: S.R. No. 143/2005. -- 9 of 9 --