Case Study: Restaurant Food Safety and Compliance with the Food Act

This case study analyzes a scenario where a restaurant faces charges under the Food Act 2001 for selling contaminated chicken, leading to customers suffering from Salmonella Typhimurium. The restaurant is charged under section 17 for knowingly selling unsafe food, potentially facing penalties of up to 1000 penalty units, two years of imprisonment, or both. The study outlines the powers granted to authorized officers under the Act, including the ability to seize and destroy unsafe food. It also explains the definition of "unsafe food" according to the Act and details the process for registering a food business, emphasizing the need for thorough evaluation by the chief health officer. Furthermore, the study proposes a policy to prevent future incidents, including appointing a food safety supervisor and providing comprehensive food safety training to all employees. Finally, it elucidates the role of Food Standards Australia New Zealand in ensuring food safety, providing advice on risk assessment, and coordinating national food surveillance and recalls.

Running head: FOOD ACT 2001
FOOD ACT 2001
Name of the Student:
Name of the University:
Author Note:

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FOOD ACT 2001
1) Which section of the Act will your restaurant/café be charged under?
Answer : As the chicken was left out of the fridge for too long it was contaminated and was
unsafe for consumption. Still it was sold and people suffered from Salmonella Typhimurium.
It will be charged under section 17 which is a serious offence called “Knowingly selling
unsafe food” (Moffatt et al., 2016).
2) What penalty is the restaurant/café facing?
Answer : 1000 penalty units, two years of imprisonment or both can be faced by the
restaurant/café (Ghosh, 2014).
3) Under the Act, what powers are given to authorised officers?
Answer : The authorised has the power to destroy inspected or seized food if it is unsafe for
consumption. The food consists decomposed, spoiled and filthy matter which can pose
instantaneous risk to health. The authorised officer can direct the owner of the food business
to dispose or destroy the food immediately. The officer can do that himself after the food has
been seized (Powell et al., 2013).
4) What is the meaning of “unsafe food” under the Act?
Answer : According to the Act food is unsafe at a specific time if it causes harm physically to
an individual who consumes it later assuming it underwent all the relevant processes for its
intended use before consumption and after that particular time and before consumption
nothing happened to that food and consumed by that individual in accordance with its
intended use (Charlton, 2016).
5) Explain the process for registration of a food business under the legislation (in your own
words)

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FOOD ACT 2001
Answer: For registration of a food business one should apply to the chief health officer.
Informations regarding the design and specification about fit-out of the premise where the
food will be sold and the business will run should be forwarded to the chief health officer.
The officer will evaluate the information regarding the premise and all relevant data related to
food handling. He will check for any breaches of the act conducted by the person (Sinha,
2013). After critical evaluation the chief health officer decides whether to register the food
business or reject. If he is pleased after the assessment and evaluation of the informations he
will register the business for a period of three years.
6) Develop a policy for this restaurant to avoid this event happening again.
Answer : To prevent this incident happening again the restaurant must ensure safe food for
the customers.
 They need to appoint a food safety supervisor.
 The proprietor of the restaurant can be a food safety supervisor.
 Food safety training must be given to all the employees of the restaurant.
 Restaurant should not sell any food if they are not sure about the safety of it.
7) Explain the role of the Food Standards Australia New Zealand (in your own words).
Answer : The role of Food Standards Australia New Zealand is to:
 Protect the safety and health of people by ensuring safe supply of food.
 Provide advice for scientific risk assessment on imported food.
 Regulate the standard of food to ensure good quality (Morley et al., 2013).
 Develop primary production standard of food.
 Help customer to choice safe food by providing information.
 Conduct industry and consumer related research.
 Co-ordinate national level food surveillance, food recalls and enforcement.

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FOOD ACT 2001
References
Charlton, K. E. (2016). Food security, food systems and food sovereignty in the 21st century:
A new paradigm required to meet Sustainable Development Goals.
Ghosh, D. (2014). Food safety regulations in Australia and New Zealand food
standards. Journal of the Science of Food and Agriculture, 94(10), 1970-1973.
Moffatt, C. R., Musto, J., Pingault, N., Miller, M., Stafford, R., Gregory, J., ... & Kirk, M. D.
(2016). Salmonella Typhimurium and outbreaks of egg-associated disease in
Australia, 2001 to 2011. Foodborne pathogens and disease, 13(7), 379-385.
Morley, B., Scully, M., Martin, J., Niven, P., Dixon, H., & Wakefield, M. (2013). What types
of nutrition menu labelling lead consumers to select less energy-dense fast food? An
experimental study. Appetite, 67, 8-15.
Powell, D. A., Erdozain, S., Dodd, C., Costa, R., Morley, K., & Chapman, B. J. (2013).
Audits and inspections are never enough: A critique to enhance food safety. Food
Control, 30(2), 686-691.
Sinha, D. (2013). Cost of implementing the national food security act. Economic and
Political Weekly, 31-34.