Compliance and enforcement of food legislation in WA

The Department of Health (the Department) and local governments are the primary enforcement agencies for various food businesses within WA.

Each has specific duties and responsibilities in the administration of food legislation in the State.

Compliance and enforcement action

Enforcement agencies are advised to adopt a strategic approach to the application of legislative enforcement provisions.

In adopting this approach, it is important for enforcement agencies to implement a successful compliance and enforcement strategy or policy.

Compliance and enforcement action should be a graduated application of enforcement measures, generally commencing with lighter measures and then progressively moving to more severe enforcement measures.

These measures will be dependent on inherent risks and the overall performance of the food business.

The compliance and enforcement tools available to enforcement agencies under the food legislation include:

Resources

To guide the development of their own compliance and enforcement policies, local governments may use:

The Australian New Zealand Enforcement Guideline provides the framework for the Department’s Compliance and Enforcement Policy. The policy provides a range of compliance and enforcement options in response to compliance failures by food businesses.

An updated Compliance and Enforcement Guideline for local government enforcement agencies is currently being developed.

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Public Health