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[insert date]
[insert name]
[insert address]
[insert address]
Dear [insert name]
An Improvement Notice issued pursuant to the Section44 of the Food Act 2001 (the Act) is enclosed. This Notice is served following a recent inspection which revealed unsatisfactory compliance issues with the provisions of the Act and the Australia New Zealand Food Standards Code.
Please note that non-compliance with the Improvement Notice by the time and date specified in the Notice may result in an expiation being issued or prosecution proceedings being commenced against you for breaches of the Act.
During the inspection it was found that [insert details of non-compliance]. These noncompliances invoke Council’s powers to issue an Improvement Notice in this case.
Should you have any enquiries regarding this matter please contact me directly on [insert details].
Yours sincerely
[insert name of EHO Officer]
Environmental Health Officer
Encl
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Improvement Notice Made Under Section 44 of the Food Act 2001
I, [insert name, position (NB – must be CEO, or CEO’s delegate) and organisation], believe that there are reasonable grounds to serve a Prohibition Order on:
- [person/entity 1]
- [person/entity 2 (if applicable), etc]
the Proprietor(s) of the Food Business known as [insert business name] located/garaged at Premises at [insert business address].
I believe on reasonable grounds that:
there are circumstances specified in Section 43 of the Food Act 2001 which presently exist namely:
- the Premises used by the Food Business in connection with the handling of food intended for sale or any equipment or food transport vehicle is in an unclean or insanitary condition or is otherwise unfit for the purpose for which it is designed or intended to be used;
- the Premises used by the Food Business in connection with the handling of food intended for sale or any equipment or food transport vehicle does not comply with a provision of the Food Safety Standards;
- a relevant food safety program prepared in accordance with the regulations is not being implemented adequately by the Food Business in relation to the Premises used in connection with the handling of food for sale or food transport vehicle;
- the provisions of the Food Standards Code set out in the third column of the table below are being contravened in relation to the handling of food intended for sale on the Premises or in any food transport vehicle used by the Food Business in connection with the handling of food intended for sale;
Pursuant to Section 44 of the Food Act 2001 I ORDER you to take the following action(s) by:
Time: [insert minimum 24 hours after service of notice]Date: [insert date]
Issue / Actions to be Taken Under This Notice / Food Standards Code Provisions to Which the Action Relates[Describe] / [List] / [List]
Number of pages in any attachment to this Improvement Notice:
[optional]: AND
Pursuant to Section 44(3) of the Food Act 2001 I DIRECT that[insert any ancillary or incidental directions]
Section 50 Provides: / A person must not, without reasonable excuse, contravene or fail to comply with improvement notice or prohibition order served on the person under this Part.Maximum Penalty: / a.If the offender is a body corporate:$250,000
b.If the offender is a natural person:$50,000
Expiation Fee: $750
A failure to comply with an Improvement Notice may result in the issue of a Prohibition Order under Section46 of the Food Act 2001 to prohibit the use of all or part of a premises, vehicle or equipment for the handling of food for sale.
Notice Served: / Time:[insert]Date:[insert]
Signed:
An Authorised Officer appointed by the Council [insert name of Agency/Council] under Section 94 of the Food Act 2001
To be completed by an Authorised Officer when the notice has been complied with. A copy to be given to the proprietor.
Date of Compliance:Signed:
See Annexure to this notice for information on the grounds under which an improvement notice may be issued,variation of the time for compliance and contact information.
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ANNEXURE:
Grounds for the Service of an Improvement Notice
If an authorised officer believes, on reasonable grounds, that:
a.any premises used by a food business in connection with the handling of food intended for sale or any equipment or food transport vehicle is in an unclean or insanitary condition or is otherwise unfit for the purpose for which it is designed or intended to be used; or
b.any premises used by a food business in connection with the handling of food intended for sale or any equipment or food transport vehicle does not comply with a provision of the Food Safety Standards; or
c.in relation to any premises used in connection with the handling of food for sale or food transport vehicle, any relevant food safety program prepared in accordance with the regulations is not being implemented adequately by a food business; or
d.any provision of the Food Standards Code is being contravened in relation to the handling of food intended for sale on any premises or in any food transport vehicle used by a food business in connection with the handling of food intended for sale,
the authorised officer may serve an improvement notice on the proprietor of the food business
[Food Act Reference – Section43]
Extending the Time Allowed for Compliance
Before the end of the period specified in the improvement notice, an authorised officer may, on his or her own motion or on the application of the proprietor of the food business, extend the period within which the proprietor of the food business is to take action in accordance with the notice.
[Food Act Reference - Section 44(2)]
Contact Information
Authorised officer issuing the Improvement Notice
Name:[insert name of EHO Officer]Phone: [insert]
Agency Address: [insert address details]
An online copy of the Food Act 2001, Food Regulations 2002, Australia New Zealand Food Standards Code and general food safety information for food businesses can be accessed online at