1Overview

1. This Part of this schedule deals with preliminary matters, including interpretation.

2. Part 2 of this schedule contains provisions relating to the renewal of the registration of—

3. food control plans; and
4. food businesses that are subject to national programmes; and
5. importers.

6. Part 3 of this schedule contains provisions (including notice requirements) relating to the suspension of the operations of—

7. operators of registered food control plans; and
8. registered food businesses that are subject to national programmes; and
9. registered importers.

10. Part 4 of this schedule sets out the procedure for the cancellation of the registration of—

11. registered food control plans; and
12. registered food businesses that are subject to national programmes; and
13. registered importers.

2Interpretation

1. In this schedule, unless the context otherwise requires,—

   affected person means any of the following, as the case may require:

   1. an operator of a registered food control plan:
   2. an operator of a registered food business that is subject to a national programme:
   3. a registered importer

   proper authority means,—

   1. for a food control plan, the registration authority (as defined in section 8); or
   2. for a national programme, the registration authority (as so defined); or
   3. for an importer, the chief executive

   registration means any of the following, as the case may require:

   1. the registration of a food control plan under subpart 2 of Part 2 of this Act:
   2. the registration of a food business that is subject to a national programme under subpart 3 of Part 2 of this Act:
   3. the registration of an importer under Part 3 of this Act.

3Renewal of registration

1. A registration may be renewed by paying the prescribed fee (if any) to the proper authority at any time during the period that the registration is effective.

2. On payment of the prescribed fee, the proper authority may renew the registration for a further period determined by the proper authority unless the proper authority is satisfied that any 1 or more of the criteria specified in section 56 or 86(b) or, as the case may be, section 116 are no longer being met.

3ARenewal of affected registrations that expire during, or within specified period after, severe weather event (Repealed)

3ARenewal of registrations that expire during, or in 4 weeks after, COVID-19 lockdown period (Repealed)

4Notice requirements for mandatory suspension

1. Before exercising the power to suspend all or any operations under section 62, 90, or 122, the proper authority must give the affected person—

2. written notice of the proposed suspension and the reason for it; and
3. a reasonable opportunity to make written submissions.

4. Subclause (1) does not apply if the proper authority considers it necessary in the interest of human life or public health to suspend the operations urgently.

5. If the proper authority suspends all or any operations under section 62, 90, or 122, the proper authority must give written notice of the suspension to the affected person.

6. The notice must specify—

7. the reason for the suspension; and
8. the period of the suspension; and
9. the date on which or the time at which the suspension commences; and
10. the operations to which the suspension applies; and
11. any conditions in respect of the implementation and operation of the suspension.

12. The notice must also specify the affected person’s right to seek a review under section 355.

5Notice requirements for extension of mandatory suspension

1. Before exercising the power under section 63, 91, or 123 to extend the period of a suspension, the proper authority must give the affected person—

2. written notice of the proposed extension and the reason for it; and
3. a reasonable opportunity to make written submissions.

4. If the proper authority extends the period of suspension under subclause (1), the proper authority must, as soon as practicable, give the affected person written notice of the person’s right to seek a review of the decision to extend the suspension under section 355.

6Additional requirements relating to mandatory suspension of operations

1. This clause sets out additional requirements relating to the mandatory suspension of operations under section 62, 90, or 122.

2. If the proper authority decides to suspend operations, the proper authority must, as soon as practicable, give written notice of the suspension to—

3. the appropriate verifier or verification agency (if any); and
4. if the proper authority is the relevant territorial authority, the chief executive.

7Notice requirements for voluntary suspension

1. If an affected person suspends all operations under section 64, 92, or 124, or the operations of 1 or more food businesses under section 64, the affected person must give written notice of the suspension to the proper authority.

2. The notice must specify—

3. the period of the suspension; and
4. the date on which or time at which the suspension commences, which date must be after the date of the notice; and
5. if the operations of 1 or more food businesses are suspended under section 64, the food businesses to which the suspension applies.

8Proper authority may require further information

1. On receiving the notice referred to in clause 7 of this schedule, the proper authority may require the affected person to supply further information within a specified time.

2. Without limiting subclause (1), the information to be supplied may include information about any food held by the affected person.

9Power to impose conditions and to give directions in relation to suspension

1. The proper authority may impose conditions in respect of the implementation and operation of a suspension under sections 62, 64, 90, 92, 122, and 124.

2. Without limiting subclause (1), the conditions that may be imposed under that subclause in relation to the suspension of a registered food control plan under section 62 or 64 may include conditions relating to the requirement for verification, including its frequency, duration, focus, and scope.

3. The proper authority may give any directions under section 285 that appear to the proper authority to be reasonable in relation to any food under the control of the affected person on the date on which or time at which the suspension commences.

4. For the purposes of subclause (3) and to the extent that it is necessary, section 285 applies to a proper authority as if references to the chief executive were references to the proper authority.

5. A condition or direction given under this clause takes effect on and from a date that the proper authority specifies.

6. The affected person must comply with a condition or direction given under this clause.

10Procedure for cancellation of registration

1. The procedure for the cancellation of registration is as follows:

2. the proper authority must give the affected person written notice of the proposal to cancel the registration; and
3. the notice must—
   1. contain or be accompanied by a statement of the proper authority’s reason for proposing the cancellation (including the facts and assumptions on which the proposal is based); and
   2. state the date on which the proposed cancellation is to take effect; and
4. the proper authority must give the affected person a reasonable opportunity to make written submissions; and
5. the proper authority must then give the affected person written notice of—
   1. the decision on the proposal to cancel the registration; and
   2. the reason for the decision on that proposal; and
   3. if the decision is to cancel the registration, the date on which the cancellation takes effect.

6. The notice under subclause (1)(d) must also specify the affected person’s right to seek a review under section 355.