Statutory Review of the Western Australia Food Act 2008

Overview

The Food Act 2008 (the Act) provides for the safety and suitability of food for human consumption and related purposes.  The Act is the key initiative in achieving national consistency in the regulation of food incorporating model provisions agreed to by the Commonwealth, States and Territories in the Food Regulation Agreement.  The purpose of the Act is to improve the food regulatory system by providing for a risk-based approach to the management of the handling and sale of food for human consumption, together with robust enforcement tools to protect Western Australia’s food chain.

On 1 December 2021, the Minister for Health Hon Roger Cook announced the statutory review  of the Food Act 2008. The Review will examine the operation and effectiveness of the Act in meeting its objects to ensure food for sale is both safe and suitable for human consumption and prevent misleading conduct in connection with the sale of food.

The statutory review shall –

1. Examine the operation and effectiveness of the Act in meeting its objects        to:

 a) ensure food for sale is both safe and suitable for human consumption         b) prevent misleading conduct in connection with the sale of food                   c) provide for the application in this State of the Food Standards Code. 

 2. Identify, including through analysis of stakeholder submissions, any               issues with the operation and effectiveness of the Act, including:

• interpretation
• offences related to food
• emergency powers
• powers of entry
• inspection and seizure
• improvement notices and prohibition orders
• taking and analysing samples
• auditing
• registration of food businesses
• administration
• procedural and evidentiary provisions and
• any other relevant matter

3. Make recommendations that will strengthen and support the objects of          the Act being met; and promote greater regulatory effectiveness.

Why your views matter

Your views will help us to identify issues relating to the operation and effectiveness of the Act and make recommendations that will strengthen and support the objects of the Act being met and promote greater regulatory effectiveness.

Written submissions are invited from any Western Australian with an interest in the Act, particularly  those who work in the sale, distribution and serving of food for human consumption. For those working in local government, please ensure that your submission is Council endorsed. If you are responding on behalf of an organisation, please ensure that the submission has your organisation’s endorsement and authorisation. Please allow time for the approval process of your organisation before the submission deadline. Any relevant evidence-based research or studies that informs your submission are welcomed.

Submissions can be made from 1 December 2021 and close on 14 March 2022, and addressed to the:

The Review of the Food Act

Science and Policy Unit

Environmental Health Directorate
Department of Health WA
PO Box 8172
Perth Business Centre WA 6849

Or by completing the online survey.

What happens next

At the close of the consultation period on 5 May 2022, submissions will be analysed, and a report prepared for the Minister.

The Minister will consider and table the report of the Review in the Parliament at a date to be set.