An enforcement action where an authorised officer detains or seizes food suspected of being unsafe or unsuitable under a state or territory Food Act.
An enforcement action where an authorised officer detains or seizes food suspected of being unsafe or unsuitable under a state or territory Food Act. A food embargo, sometimes called a seizure or detention, is an enforcement action taken by an authorised officer when there are reasonable grounds to believe food is unsafe, unsuitable or in breach of the food law. Under each state and territory Food Act, which gives effect to the Food Standards Code, an officer can order that food not be moved, used or sold, and can seize food, so that it cannot reach consumers while the matter is investigated. An embargo notice typically identifies the food, states why it has been embargoed and directs that it be held pending further action, such as testing, disposal or release. Seizure goes a step further by taking the food into the regulator's control. These powers protect public health by removing suspect food from supply, and they are used alongside other tools such as improvement notices, sampling and, where needed, prohibition orders on premises. For a food business, being served an embargo notice means the identified food must be kept separate and must not be sold, used or moved except as the notice allows, until the officer lifts the embargo or the food is dealt with. The business should read the notice carefully, keep the food secure and traceable, and cooperate with the officer while seeking clarification through the proper channels if needed. Embargoes and seizures are usually triggered by a suspected serious problem, such as contamination, an undeclared allergen, temperature abuse or a link to illness. Businesses reduce the risk of enforcement action by keeping strong records, controlling temperature and hygiene, and acting quickly on any recall or supplier alert, so suspect stock is identified and isolated before an officer needs to intervene. During an inspection an authorised officer finds a batch of ready-to-eat product stored well above the required temperature and issues an embargo notice directing that the batch be held and not sold, so the business moves the stock to a separate marked area and keeps it there until the officer either releases it or requires it to be disposed of.
Frequently asked questions
What is a food embargo?
It is an enforcement action where an authorised officer detains food suspected of being unsafe or unsuitable, directing that it not be moved, used or sold while the matter is investigated.
Who can embargo or seize food?
An authorised officer acting under the relevant state or territory Food Act can embargo or seize food when there are reasonable grounds to believe it breaches the food law.
What is the difference between an embargo and a seizure?
An embargo directs that food be held in place and not sold or used, while a seizure takes the food into the regulator's control.
What should a business do when served an embargo notice?
Keep the identified food separate, secure and traceable, do not sell, use or move it except as the notice allows, and cooperate with the officer until the embargo is lifted or the food is dealt with.
Why would food be embargoed?
Common reasons include suspected contamination, an undeclared allergen, temperature abuse or a link to foodborne illness, where removing the food from supply protects public health.
