An order that stops all or part of a food business from operating until serious food safety problems are fixed.
An order that stops all or part of a food business from operating until serious food safety problems are fixed. A prohibition order is one of the strongest enforcement tools under a state or territory Food Act. It prohibits a food business from carrying on some or all of its activities, effectively closing it or part of it, when there is a serious danger to public health or a significant breach of food safety law. A prohibition order usually remains in force until the business fixes the problems and an authorised officer issues a certificate of clearance confirming it can safely reopen. Because it stops trading, it is reserved for serious situations such as a severe pest infestation, no running water, or conditions likely to make food unsafe. In practice a prohibition order often follows an improvement notice that has not been complied with, or an inspection that finds conditions too dangerous to allow trading to continue. The order specifies what activity must stop, and the business cannot resume until it has remedied the issues and obtained a clearance. For a business, a prohibition order means lost trade and reputational damage, so the priority is to correct the problems quickly, document the fixes and request re-inspection. Trading in breach of a prohibition order is a serious offence that can lead to prosecution and substantial penalties under the Food Act. An officer finds a Melbourne restaurant with no hot water and a serious cockroach infestation, issues a prohibition order that stops it trading, and only lifts it after the pests are eradicated, hot water is restored and a clearance certificate is issued.
Frequently asked questions
What triggers a prohibition order?
Serious risks to public health, such as severe pest infestation, no running water or unsafe conditions, or failure to comply with an earlier notice.
How is a prohibition order lifted?
The business must fix the problems and obtain a certificate of clearance from an authorised officer confirming it can safely reopen.
Can I appeal a prohibition order?
Review and appeal rights exist under most state and territory Food Acts. Check the notice and your jurisdiction's process for how to seek a review.
Is it the same as an improvement notice?
No. An improvement notice lets you keep trading while you fix a breach, whereas a prohibition order stops the affected activity until clearance is given.
What if I keep trading anyway?
Trading in breach of a prohibition order is a serious offence that can lead to prosecution and substantial penalties under the Food Act.