1

[insert date]

[insert name]

[insert address]

[insert address]

Dear [insert name]

Prohibition Order

A Prohibition Order issued pursuant to the Section 46 of the Food Act 2001 (the Act) is enclosed. This Order is served following an inspection on [insert date] which revealed unsatisfactory compliance issues with the provisions of the Act and the Australia New Zealand Food Standards Code.

Please be aware that a formal Certificate of Clearance is required to be issued by [insert agency or council] to reflect that compliance with the Prohibition Order has occurred. A written request to have the premises reinspected by an authorised officer for the purpose of obtaining a Certificate of Clearance is required as detailed in the enclosed Order.

If 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

3

Prohibition Order Made Under Section 46 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 second 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;

and that:

  • the Proprietor(s) of the Food Business have not complied with the Improvement Notice served upon the Proprietor(s) on [insert date] within the time required for compliance; [and]
  • the issue of this Prohibition Order is necessary to prevent or mitigate a serious danger to public health.

Accordingly this Prohibition Order is issued under Section 46 of the Food Act 2001 and requires the Proprietor(s) of the Food Business to comply with the order(s) stated below.

THE PROHIBITION ORDER IS AS FOLLOWS:

1. No food intended for sale is to be handled at [insert address or specified part of address]

(note ‘handling’ of food is defined in the Food Act 2001 to include the making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food).

2. No food intended for sale is to be conveyed in [insert specified vehicle]

3. [insert specified equipment] is not to be used in connection with food intended for sale

4. No food intended for sale is to be handled by the Food Business [insert specified way or for a specified purpose]

5. [prohibit other action being taken]

[optional]: AND

Pursuant to Section 46(3) of the Food Act 2001 I DIRECT that [insert any ancillary or incidental directions]

As proprietor of the business you are bound by the Prohibition Order until a certificate of clearance has been issued under Section 46(5) of the Food Act 2001.

In accordance with the provisions of Section 48 of the Food Act 2001 you are also hereby ORDERED to undertake the actions specified in the first column of the Table below to ensure compliance with the stated provisions of the Food Standards Code.

Actions to be Taken Under this Order
The actions detailed below are required to be completed to the satisfaction of an Authorised Officer under the Food Act 2001 prior to a certificate of clearance being issued: / Food Standards Code Provisions to Which the Action Relates
[List] / [List]
Number of pages in any attachment to this Prohibition Order:
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
Order Served: / Time: [insert]Date:[insert]

Signed:

The Head of the Enforcement Agency [insert name of Agency/Council] or person delegated under Section 91 of the Food Act 2001 with the powers of the Head of the Enforcement Agency

Contact Information

Name: Phone: ______

Address: ______

See Annexure for the grounds under which a Prohibition Order may be issued, making a request for reinspection to obtain a certificate of clearance, the procedures for a review of decisions and compensation for losses.

3

ANNEXURE:

Grounds for a Prohibition Order

A Prohibition Order may be issued if:

a.any of the circumstances specified in Section 43 exist (see below); and

b.(i)the proprietor of a food business has not complied with an improvement notice within the time required for compliance; or

(ii)the issue of the order is necessary to prevent or mitigate a serious danger to public health.

[Food Act Reference – Part 5 Section 46]

Circumstances Specified in Section 43

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.

[Food Act Reference – Section 43]

Obtaining a Certificate of Clearance

The proprietor at any time after the order has been served may make a written request to have the premises or vehicle re-inspected by an authorised officer for the purpose of obtaining a certificate of clearance.

A re-inspection is to be carried out by an authorised officer within the period of two clear business days of receiving the written request. A business day does not include Saturday, Sunday or Public Holiday.

[Food Act Reference – Part 5 Section 49]

Refusal to Issue a Certificate of Clearance

If following a re-inspection a certificate of clearance is refused a person aggrieved by that decision may apply to the appropriate review body for a review of the decision.

An application to have a decision reviewed must be made within 28 days of notification of the refusal.

[Food Act Reference – Section 51]

Compensation for Losses

If a person bound by an order considers there were no grounds for the order to have been made and as a result of the order they suffer a loss they may apply for compensation to the agency making the order.

If a determination for compensation is not received from the agency within 28 days the application for compensation is taken to have been refused.

If the person making the application is refused compensation or is dissatisfied with the amount offered they may apply within 28 days to the appropriate review body for a review of the determination.

[Food Act Reference – Section 52.]

Appropriate Review Body

The Appropriate Review Body for the review of decisions is Administrative and Disciplinary Division of the District Court. To make an application for a review contact the District Civil Court Registry on the Ground Level of the Sir Samuel Way Building, Victoria Square, Adelaide. Phone 8204 0268.

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 http://www.sahealth.sa.gov.au/wps/wcm/connect/Public+Content/SA+Health+Internet/Protecting+public+health/Food+standards/

Contact Information

Further information please contact NAME on PHONE NUMBER. Address: INSERT