The Food Act provides a suite of enforcement options. The enforcement action taken by a local government should be graduated and proportionate to the severity of the non-compliance observed and any history of non-compliance. When considering enforcement data, it is important to note that in addition to enforcement actions, local governments use non-punitive actions such as education to assist food businesses achieve or maintain compliance with the Food Act. This report does not capture information from local governments in relation to other strategies used.
Read a summary of the enforcement activities undertaken by Queensland local governments by region. Consistent with previous years, the main type of enforcement activity undertaken by local government was the issuing of improvement notices, followed by PINs as the second most common enforcement tool.
Seizures
An authorised person has the power to seize a thing under the Food Act in certain circumstances, for example as evidence of an offence under the Food Act. A total of three seizures were undertaken in 2021–22, which was the same number as occurred in 2020–21.
Moreton Bay Regional Council undertook a seizure of contaminated food preparation equipment and Torres Shire Council undertook seizures of unsuitable food items.
Improvement notices
Improvement notices are utilised by local governments to address a variety of non-compliances within a food business. This may include issues such as the need to remedy cleaning, maintenance or structural contraventions or unsafe food handling practices. Improvement notices must provide food businesses with a reasonable timeframe to remedy any stated non-compliance.
Improvement notices remain as the most utilised enforcement action. The number of improvement notices issued in this reporting period (3115) is an increase of 36% from 2020-21 (2284), as shown in the figure below. Brisbane and Moreton issued 85% (2633) of the total number issued (3115).
Prescribed infringement notices
Prescribed Infringement Notices (PINs) may only be issued for offences that fall within the guidelines for eligible offences that have been acknowledged as PIN offences under the State Penalties Enforcement Regulation 2014. Only certain offences under the Food Act have been prescribed as PIN offences.
PINs can be issued when offences pose a moderate threat to human health and safety, or where there are indications of previous, current and ongoing non-compliance, such as failure to comply with a licence condition (section 51(1)) or failure to comply with the Food Standards Code (section 39(1)). The penalty unit values for PINs are relative to the severity of the offence.
While the issuing of PINs remains the second most frequently used type of enforcement activity, the number of PINs issued within the 2021–22 reporting period (298) also remained relatively the same as in 2020–21 (295), as shown in the figure below.
Suspension and cancellation of a licence
Section 78 of the Food Act allows local governments to suspend or cancel a licence when the licensee:
- is not, or is no longer, a suitable person to hold a licence
- has not complied with the accredited food safety program and the non-compliance is likely to result in a high risk to public health or safety
- has a licence issued under false or misleading representation.
Licences can be suspended or cancelled following a show cause notice. Local governments can use the show cause notice provisions prior to taking proposed action such as suspending or cancelling the licence.
Licences may be immediately suspended if a ground exists to suspend or cancel the licence and it is necessary to suspend the licence immediately because there is an immediate and serious risk to public health or safety.
During this reporting period, there was a total of 58 immediate licence suspensions and 5 licence suspensions after a show cause process. One licence was cancelled after a show cause process.
The number of food businesses that surrendered their licence was 494 compared to 813 in 2020-21. It is possible, that this may be related to COVID-related restrictions that were in force for food businesses in 2020–21.
Prosecutions
Prosecutions are usually initiated if there is a high threat to human health and safety, or if there is a known or expected ongoing non-compliance. Consequently, prosecutions are the least common, most resource-intensive enforcement tool utilised by Local Government.
For this reporting period, a total of 45 prosecutions were undertaken, all of which were within the Brisbane and Moreton region.
Annual trend in enforcement activities
Enforcement activity | 2020-21 | 2021-22 | Annual change |
---|
Improvement Notices | 2,284 | 3,115 | 36% increase |
Prescribed Infringement Notices (PINs) | 295 | 298 | 1% increase |
Immediate licence suspensions | 39 | 58 | 49% increase |
Prosecutions | 49 | 45 | 9% decrease |
Licences cancelled after show cause notice | 105 | 1 | 99% decrease |
Licences suspended after show cause notice | 5 | 5 | - |