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Legislative Assembly for the ACT: 2001 Week 8 Hansard (9 August) . . Page.. 2648 ..

MR MOORE (continuing):

issues of concern with proprietors and their staff as part of their routine visits. A draft communications strategy prepared by the Health Protection Service was recently circulated to ACTFRAG members. The strategy seeks to further promote the national reforms in the ACT, not only to businesses, but also to the wider community. As I have already stated, food safety affects all of us, so it is important that the food safety message is spread to the entire community.

Turning to the main features of the Food Bill 2001, the objectives of this bill are: to ensure that food for sale is both safe and suitable for human consumption; to prevent misleading conduct in relation to the sale of food; and to provide for the application in the ACT of the food standards code. The act will apply widely, including to charitable and community bodies and one-off events; in other words, all businesses handling or selling food will be obliged to produce safe food. However, it is intended that an exemption in relation to fees for registration and other services will be provided to fundraising events for community or charitable purposes.

The bill defines primary food production and identifies reticulated water systems. However, in recognising that the primary food production sector already complies with a myriad of industry-based quality assurance systems, exemptions from certain sections of this bill are provided. For example, primary production activities will not need to be registered under this bill and the provisions relating to the improvement and prohibition notices will not apply. Reticulated water suppliers are also exempt from certain sections of the bill as they are already regulated under the Utilities Act 2000 and the Public Health Act 1997.

Even with these exemption, the bill still provides a broad obligation on all persons involved in the food supply system to produce safe food, including those within the primary food production sector and suppliers of reticulated water. The bill provides for other definitions, including the meaning of "food", "sell", "unsafe and unsuitable food" and other terms relevant to the enforcement of food requirements in the territory.

The bill establishes offences consistent with those found in the model food provisions. The penalties are significantly higher than those that currently apply, especially in cases where a person knowingly breaches a requirement of the act. This increase in penalties is a recognition by the government of the importance of food safety and the protection of the community against food-borne illness. The offences relate to the handling and sale of unsafe and unsuitable food, false description of food, misleading conduct in relation to the advertising or labelling of food, sale of certain equipment for use in the production of food, and non-compliance with the food standards code, including the food safety standards.

Defences are provided if a person has taken all reasonable precautions and exercised due diligence to prevent the commission of an offence. A defence is also provided for non-compliance with a provision of the food standards code if the food is to be exported and complies with the laws of the country to which it is to be exported.

Emergency powers are exercisable under the bill if there is a serious danger to public health. The powers are vested in the minister and provide for: the publication of warnings; prohibition of cultivation, harvesting, advertising or sale of food; recalls; and the destruction of food. The bill establishes a person's right to seek compensation if they

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