A person appointed under a state or territory Food Act with legal powers to inspect food businesses and enforce the law.
A person appointed under a state or territory Food Act with legal powers to inspect food businesses and enforce the law. An authorised officer is a person appointed or authorised under a state or territory Food Act to exercise enforcement powers in relation to food. The role is created by the Food Act rather than by the Food Standards Code, because enforcement of the Code is the responsibility of the states, territories and their agencies. In many cases the authorised officer is an Environmental Health Officer employed by a local council or a state food regulator. Being an authorised officer confers specific legal powers, which typically include entering and inspecting food premises, examining records, taking food samples, seizing food or equipment, and issuing notices. These powers, and the safeguards around them such as producing identity on request, are set out in each jurisdiction's Food Act. When an authorised officer arrives, they can inspect the premises during operating hours, look at how food is handled and stored, review records such as temperature logs and the Food Safety Supervisor's certification, and take samples for testing. Operators are generally required to cooperate and not obstruct the officer in carrying out these functions. Where the officer finds the law is not being met, they can use enforcement tools available under the Food Act, ranging from education and improvement notices to infringement notices, prohibition orders, and referral for prosecution in serious cases. The officer records their findings, which can support later enforcement or a business's public rating under schemes such as scores on doors. An authorised officer from the state food regulator inspects a food processing site after a recall. He shows his identity card, reviews the batch records and cold storage temperatures, and takes samples of a suspect product. Finding the coolroom above the required temperature, he issues an improvement notice specifying the repair and re-checks, and takes samples to the laboratory before deciding whether further action is warranted.
Frequently asked questions
Who can be an authorised officer?
A person appointed or authorised under a state or territory Food Act, commonly an Environmental Health Officer employed by a council or an officer of the state food regulator.
What powers does an authorised officer have?
Typically entering and inspecting food premises, examining records, taking samples, seizing food or equipment, and issuing notices, as set out in the relevant Food Act.
Do I have to let an authorised officer in?
Food Acts generally allow authorised officers to enter and inspect food businesses during operation, and it is an offence to obstruct them. Officers must usually produce identification on request.
Is an authorised officer defined in the Food Standards Code?
No. The role is created by state and territory Food Acts, because enforcement of the Code is a state and territory responsibility, not by the Code itself.
What can an authorised officer do if they find a breach?
They can use enforcement tools under the Food Act, such as improvement notices, infringement notices, prohibition orders, seizure, or referral for prosecution in serious cases.
