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The legal requirements for producing olive products in accordance with the Food Safety Acts;

The Victorian Government has recently created a new food safety scheme which will apply generically to all food manufacturing, retailing and serving businesses. The new scheme will be overlaid on the currently existing scheme which is found in the Food Act 1984 (Vic) ("Food Act"). It will be in force from 1 January 2001.

    1. All premises will be declared
    2. Under section 19C of the Food Act, the Secretary (being the Secretary of the Department of Human Services) has the power to declare what type of food premises are "declared premises". Food Safety Victoria, a part of the Public Health Division of the Department of Human Services behaves that all premises involved in the manufacture and sale of food will be declared from next year. Accordingly, all businesses that are within the ambit of the Food Act will be required to meet the obligations set down by this Act.

    3. What businesses are regulated?
    4. The Food Act has the power to regulate "food businesses". Section 4B defines this as follows:

      "food business" means a business, enterprise or activity (other than a business, enterprise or activity of primary food production) inserted--

      (a) the handling of food intended for sale; or
      (b) the sale of food, regardless of whether the business, enterprise or activity concerned is of a commercial, charitable or community nature or whether it involves the handling or sale of food on one occasion only

       

      Where the manufacturer moves beyond the growing and picking of olives and begins the process of cleaning, pressing, storing or any other activity that moves beyond merely producing olives as a primary product will cause them to fall within the ambit of the Act as a "food business".

       

    5. What is a "food premises" business required to do?

Section 4(1) requires the proprietor to have a registered food safety program ensuring that health standards are complied with. Section 19C defines such a program as follows:

"A food safety program for a food premises is a written document that--

(a) systematically identifies the potential hazards that may be reasonably expected to occur in each food handling operation that is to be, or that is being, conducted at the premises; and
(b) identifies where, in a food handling operation, each hazard identified under paragraph (a) can be controlled and the means of control; and
(c) provides for the systematic monitoring of those controls; and
(d) provides for appropriate corrective action when that hazard, or each of those hazards, is found not to be under control; and
(e) provides for the regular review of the program by the proprietor of the food premises; and
(f) provides for appropriate records to be made and kept by the proprietor of the food premises demonstrating action taken in relation to, or in compliance with, the program."

This program must be registered with the Department and strict compliance must be made. Various offences exist for the breach of the program and other minimum required hygiene standards.

This Update has been prepared for clients and professional associates of Baker & McKenzie. Whilst every effort has been made to ensure accuracy, this Update is not an exhaustive treatment of the areas of law discussed and no responsibility for any loss occasioned to any person acting or refraining from action as a result of material in this Update is accepted by Baker & McKenzie.

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