Sale of food

136 views 9:27 am 0 Comments June 29, 2023

3.3 Sale of food
According to Queensland Health, there are around 4.1 million cases of gastro being reported every year in Australia
(Queensland Health, 2019). Foodborne illness can lead to mild diarrhoea to meningitis, long-lasting disability and death
(WHO, 2020). In Queensland, sale of food is regulated under the Food Act 2006 (FA). As per the initial complaint, the
owner cooked dinner in the camp kitchen that the campers could buy. FA defines a food business as an activity that
involves sale of food or handling of food intended for sale (FA,s.13). Handling of food includes cooking (FA,s.15); and
sale of food includes, selling for monetary value (FA,s.19(1)(g)). According to s.49 of FA, a person requires a licence to
carry out a licensable food business (as defined in FA,s.48). Council’s record shows no evidence of licence being issued
to Mr.Dodgy, declaring the premises as an licenced food premises (assumed). Therefore, Mr.Dodgy has been selling
food to public without a licence which is an offence under FA. Table.6 lists the elements of offence in s.49 of FA and
identifies the evidence to support the offence.
Initial complaint stated that the food items (fish, meat and rice) were left outside for a long time. Fish, meat and rice
are potentially hazardous food (PHF) that must be kept under temperature control (FA,S.3). PHF left outside
temperature control becomes unsafe for human consumption as per Clause 6(2), Division 3 of Food Standards Code
(Australia New Zealand Food Authority, 2001). Also, the complaint included that camp kitchen was supplied with water
from the tank. Further investigation gathered evidence that the water supplied to the camp kitchen was untreated
rainwater or bore water that is unsafe for human consumption as detailed in section3.4 of this report. Therefore,
Mr.Dodgy has sold unsafe food (FA,s.33) which is a serious offence under FA. Table.7 lists the elements of offence in
s.33 of FA and identifies the evidence to support the offence.
Enforcement Action: A warning notice was issued to Mr.Dodgy regarding the illegal operation of food business and
sale of unsafe food to public.

A person must not carry on a licensable food business unless the person holds a licence to carry on the
business. (s.49 of FA)
Element Evidence Notes
Time Official notebook, investigation notes,
statements
Date Official notebook, investigation notes,
statements
Place Official notebook, investigation notes,
statements		 1 Sandy Street, Magnificent Island,
Gladstone Region, QLD
Person – Mr.Dodgy Council land records, complainant
statement, statement obtained during
investigation (assumed)
Must not carry on Owner’s statement during investigation
(assumed), photographs, investigation notes		 As per the initial complaint, Mr.
Victor Dodgy, owner of the property
has cooked dinner from the camp
kitchen for the campers to pay and
purchase food. Further
investigation, proved that the
accusation was true (assumed).
Licensable food business Owner’s statement during investigation
(assumed), photographs, investigation notes		 Section 48(1)(b) of Food Act 2006:
Meaning of licensable food
business–
Licensable food business means a
food business that is carried on by
an entity other than a non-profit
organisation and involves the sale of
unpackaged food by retail.
Person holds a licence to
carry on the business		 Council’s records have no evidence of licence
issued under the Food Act

Table.6 – Elements of s.49 of FA and evidence to support the offence.

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