Georges River Council - Non-Compliance with the Legislation

Non-Compliance with the Legislation - Regulatory Actions

Council helps food businesses understand and follow food laws to keep food safe for customers. Council and the NSW Food Authority provide materials to guide businesses on meeting legal requirements. Food businesses can also get advice from their local Environmental Health Officers.

When carrying out inspections, Environmental Health Officers take an educational approach. They provide information and guidance to help businesses meet the required standards.

If a business is not complying with the law, Officers will apply Council’s Enforcement Policy. They may take one or more of the following actions:

Re-inspections	Re-inspections are carried out to ensure compliance with food laws. Officers will advise the food business when the re-inspection occurs.
Written warnings	Written warnings highlight non-compliance with food legislation. They are usually followed by a re-inspection to ensure the business fixes the issue.
Improvement Notices	An Improvement Notice is issued for repeated non-compliance or if the officer believes there is a threat to public health and safety. It gives specific directions and a deadline to comply. There is an administration cost of $595.00 for an Improvement Notice. Improvement Notices are followed up with a re-inspection.
Penalty Notices	Penalty Notices may be issued for breaches of the food legislation. Paid Penalty Notices are published online by the NSW Food Authority in the Name and Shame register. Businesses found guilty in court for breaches of the food legislation are also listed in the Prosecutions register.
Prohibition Order	A Prohibition Order is issued when an Improvement Notice is not followed or if there is an immediate risk to public health. The Order directs a business to stop trading or stop using a certain equipment or process. This order is until the problems are fixed and Council gives a Clearance Certificate. The cost of a Clearance Certificate is $500.00.
Prosecution	Businesses can be prosecuted for non-compliance with the food legislation. Prosecution result is published online by the NSW Food Authority’s Name and Shame register.

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