Food Act 2003

The proprietor of a food business must ensure that before any food to which this Division applies is processed and sold by retail on premises in the course of carrying on the business at least one food safety supervisor has been appointed for the premises.

The proprietor of a food business must ensure that at all times at which food to which this Division applies is processed and sold by retail on premises in the course of carrying on the food business there continues to be at least one person appointed as food safety supervisor for the premises.

It is a defence to a prosecution for an offence against subsection (2) if the proprietor of the food business concerned establishes that—

a person had been appointed as food safety supervisor for the relevant premises but had ceased to be appointed as food safety supervisor, and

after that person had ceased to be so appointed and before the appointment (if any) of another person as food safety supervisor for the premises, food to which this Division applies was processed and sold by retail on the premises on not more than 30 days (whether or not consecutive).

This section does not apply to a food business that is a mobile catering business.