Food (Forms and Registration) Regulations 2005

Food (Forms and Registration) Regulations 2005 S.R. No. 143/2005

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 release of an article from detention 2 8. Certificate of analysis 2 9. Registration certificates 2 10. Register book details 2 ______

SCHEDULES 3 SCHEDULE 1—Revocation 3 SCHEDULE 2—Notice of seizure and detention 4 SCHEDULE 3—Application for an order for release of a detained article 5 SCHEDULE 4—Certificate of analysis 6 SCHEDULE 5—Certificate of registration of food premises 7 SCHEDULE 6—Register of food premises 8 ═══════════════

STATUTORY RULES 2005

S.R. No. 143/2005 Food Act 1984

Food (Forms and Registration) Regulations 2005

The Governor in Council makes the following Regulations: Dated: 22 November 2005 Responsible Minister: BRONWYN PIKE Minister for Health

RUTH LEACH 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 1 December 2005. 4. Revocation

1 Food (Forms and Registration) Regulations 2005 S.R. No. 143/2005 r. 6

The Regulations set out in Schedule 1 are revoked. 5. Definition In these Regulations— "the Act" means the Food Act 1984. 6. Notice of seizure and detention of an article For the purposes of section 24 of the Act, a notice of seizure and detention of an article must be in the form of Schedule 2. 7. Application for release of an article from detention For the purposes of section 26(1) of the Act, the application for an order for release of a detained article must be in the form of Schedule 3. 8. Certificate of analysis For the purposes of section 31(c) of the Act, the certificate of analysis supplied by an analyst must be in the form of Schedule 4. 9. Registration certificates For the purposes of section 40 of the Act, a certificate of registration for food premises must be in the form of Schedule 5. 10. Register book details For the purposes of section 43(1) of the Act, a register book for food premises must be in the form of, and contain the particulars set out in, Schedule 6. ______

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SCHEDULES

SCHEDULE 1 Regulation 4

REVOCATION

S.R. No. Title 162/1995 Food (Forms and Registration Details) Regulations 1995 37/1999 Food (Forms, Exemption and Registration Details) (Amendment) Regulations 1999 149/2001 Food (Forms, Exemption and Registration Details) (Amendment) Regulations 2001 ______

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SCHEDULE 2 Regulation 6 Food Act 1984 Food (Forms and Registration) Regulations 2005

NOTICE OF SEIZURE AND DETENTION

To (name) of (address) I, (name of officer) of (address of officer) being an authorised officer under the Food Act 1984 give notice that I have at a.m./p.m. this day seized and detained the *article/articles described below. Description of article or articles Grounds for seizure IMPORTANT NOTICE Unless you, or a person claiming the article or articles, apply to the Magistrates' Court within 7 days after this seizure for an order for release of the detained article or articles in the form of Schedule 3 to the Food (Forms and Registration) Regulations 2005, the seized and detained article or articles may be destroyed or otherwise disposed of. Signature of authorised officer Dated: *Strike out word not applicable ______

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SCHEDULE 3 Regulation 7 Food Act 1984 Food (Forms and Registration) Regulations 2005

APPLICATION FOR AN ORDER FOR RELEASE OF A DETAINED ARTICLE

To the Magistrates' Court at I, (name) of (address) apply for an order directing the release from detention of the *article/articles described below which *was/were seized on (date) at (address) and detained by an authorised officer under section 21 of the Food Act 1984. Description of *article/articles: Name of authorised officer who seized and detained the *article/articles: Reason(s) for the application: Signature: Dated: *Strike out words not applicable Note: 1. Application for an order directing the release of any detained article must be made within 7 days after the seizure of that article. 2. Upon an application being made, the applicant must immediately give a copy of the application to the authorised officer responsible for the seizure and detention of the article(s). 3. The Magistrates' Court may disallow the seizure if the authorised officer did not have reasonable grounds for believing the article was in contravention of any provision of the Food Act 1984 or if the article was not in contravention of any provision of the Food Act 1984. ______

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SCHEDULE 4 Regulation 8 Food Act 1984 Food (Forms and Registration) Regulations 2005

CERTIFICATE OF ANALYSIS

I (full name) of (address) a person authorised under the Food Act 1984 to undertake this type of analysis, certify that— (1) on (date or receipt of sample) , I received from (name and address of person submitting sample) a sample— *sealed and with seal intact and bearing the impression *with seal broken *unsealed and marked (insert marking) (2) I have analysed the sample. (3) The result of my 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.

Signature of analyst: Laboratory: Date: *Strike out if not applicable ______

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SCHEDULE 5 Regulation 9 Food Act 1984 Food (Forms and Registration) Regulations 2005

CERTIFICATE OF REGISTRATION OF FOOD PREMISES

*The Council of (insert name of municipal council) *The Secretary

under the powers in Part VI of the Food Act 1984, *registers *renews the registration of the food premises described below. *transfers the registration of This certificate is granted to (insert name and address of person(s) in whose name the premises are to be registered) The registration continues in force until (insert date of expiry of registration).

Address of food premises: Name of business (if any): Type of food premises:

*Council Chief Executive Officer *Secretary

Date: *Strike out words not applicable ______

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SCHEDULE 6 Regulation 10 Food Act 1984 Food (Forms and Registration) Regulations 2005

Number of registration Date of application Name and address of proprietor(s) Address of premises Name of business (if any) Date of registration Conditions (if any) imposed on the granting of the registration Type of food premises Date(s) of renewal of registration Date of transfer of registration with name and address of person(s) to whom registration transferred (if applicable) ═══════════════