§ 130 — Direction relating to food workers in licensable food business

130.—(1) Where the Director‑General reasonably believes that —(a)

an individual who is a food business licensee carrying on a licensable food business; or

(b)

an individual employed or engaged as a food worker by a food business licensee in connection with a licensable food business carried on by the licensee,

is engaging or has engaged in conduct, in the course of carrying on that licensable food business, that is a contravention of or that constitutes non‑compliance with an applicable requirement of this Act relating to the handling of food intended for supply, the Director‑General may give a direction described in subsection (2) or (3) to all or any of the following:

(c)

the food business licensee who is a proprietor of the licensable food business (whether or not an individual);

(d)

the individual;

(e)

any other individual employed or engaged as a food worker by the food business licensee in connection with the same licensable food business.

(2) A direction under this section may require —(a)

a particular individual or particular individuals employed or engaged as a food worker or food workers in connection with a licensable food business to do one or more of the following within a period stated in the direction:(i)

to stop handling food in the course of the licensable food business;

(ii)

to undergo training or retraining in food safety and food handling specified by the Director‑General, and be assessed as competent in each subject of the training or retraining;

(iii)

to alter or improve the method of handling of food by that individual while in the course of the licensable food business; or

(b)

a food business licensee to do one or more of the following within a period stated in the direction:(i)

to take specified steps to change or improve the method of handling food by food workers in the course of carrying on the licensee’s licensable food business;

(ii)

to stop one or more individuals handling food in the course of the licensee’s licensable food business if the individual is given a direction described in subsection (3), until the individual complies with the direction he or she is given.

(3) A direction under this section may also require a particular individual as follows:(a)

to stop handling food in the course of a licensable food business unless or until he or she —(i)

is diagnosed by a medical practitioner as not suffering from a prescribed infectious disease or other condition that is liable to render food handled as unsafe or unsuitable; or

(ii)

is immunised against a prescribed infectious disease;

(b)

to engage in conduct, or to refrain from engaging in conduct, specified in a direction relating to his or her personal hygiene and health practices when handling food as a food worker employed or engaged in a licensable food business, including (but not limited to) —(i)

not expectorating;

(ii)

wearing an attire or accessory for the purpose of protecting food that he or she handles against contamination; and

(iii)

ensuring that the individual is, or his or her clothing is kept, in a clean and sanitary condition.

(4) A direction under this section must be for all or any of the following purposes:(a)

to ensure the continued competence of a particular individual or particular individuals employed or engaged as a food worker or food workers in a licensable food business in handling food in such a way that does not make the food unsafe or unsuitable, or likely to be unsafe or unsuitable;

(b)

to minimise or prevent the future personal conduct of a particular individual or particular individuals that makes or is likely to make food unsafe or unsuitable when the individual is or individuals are employed or engaged as a food worker or food workers in a licensable food business.

(5) An individual who is registered as a food worker by the Agency ceases to be registered when the registration expires or a direction is earlier given to the individual under this section.

—(1) Where the Director‑General reasonably believes that —(a)

an individual who is a food business licensee carrying on a licensable food business; or

(b)

an individual employed or engaged as a food worker by a food business licensee in connection with a licensable food business carried on by the licensee,

is engaging or has engaged in conduct, in the course of carrying on that licensable food business, that is a contravention of or that constitutes non‑compliance with an applicable requirement of this Act relating to the handling of food intended for supply, the Director‑General may give a direction described in subsection (2) or (3) to all or any of the following:

(c)

the food business licensee who is a proprietor of the licensable food business (whether or not an individual);

(d)

the individual;

(e)

any other individual employed or engaged as a food worker by the food business licensee in connection with the same licensable food business.

(2) A direction under this section may require —(a)

a particular individual or particular individuals employed or engaged as a food worker or food workers in connection with a licensable food business to do one or more of the following within a period stated in the direction:(i)

to stop handling food in the course of the licensable food business;

(ii)

to undergo training or retraining in food safety and food handling specified by the Director‑General, and be assessed as competent in each subject of the training or retraining;

(iii)

to alter or improve the method of handling of food by that individual while in the course of the licensable food business; or

(b)

a food business licensee to do one or more of the following within a period stated in the direction:(i)

to take specified steps to change or improve the method of handling food by food workers in the course of carrying on the licensee’s licensable food business;

(ii)

to stop one or more individuals handling food in the course of the licensee’s licensable food business if the individual is given a direction described in subsection (3), until the individual complies with the direction he or she is given.

(3) A direction under this section may also require a particular individual as follows:(a)

to stop handling food in the course of a licensable food business unless or until he or she —(i)

is diagnosed by a medical practitioner as not suffering from a prescribed infectious disease or other condition that is liable to render food handled as unsafe or unsuitable; or

(ii)

is immunised against a prescribed infectious disease;

(b)

to engage in conduct, or to refrain from engaging in conduct, specified in a direction relating to his or her personal hygiene and health practices when handling food as a food worker employed or engaged in a licensable food business, including (but not limited to) —(i)

not expectorating;

(ii)

wearing an attire or accessory for the purpose of protecting food that he or she handles against contamination; and

(iii)

ensuring that the individual is, or his or her clothing is kept, in a clean and sanitary condition.

(4) A direction under this section must be for all or any of the following purposes:(a)

to ensure the continued competence of a particular individual or particular individuals employed or engaged as a food worker or food workers in a licensable food business in handling food in such a way that does not make the food unsafe or unsuitable, or likely to be unsafe or unsuitable;

(b)

to minimise or prevent the future personal conduct of a particular individual or particular individuals that makes or is likely to make food unsafe or unsuitable when the individual is or individuals are employed or engaged as a food worker or food workers in a licensable food business.

(5) An individual who is registered as a food worker by the Agency ceases to be registered when the registration expires or a direction is earlier given to the individual under this section.