CEO approved forms, guidelines and policies – Food Act 2008

Under the Food Act 2008 (the Food Act), the Chief Executive Officer (CEO) from the Department of Health approves particular:

  • policies
  • procedures and
  • forms (prescribed and non-prescribed)

The forms are in addition to the prescribed forms included in the Food Regulations 2009 (Infringement Notices) (The Food Regulations).

As enforcement agencies, local governments can customise and use these approved forms to meet their needs (excluding infringement notices as these are prescribed forms).

WA food policies

Policy Provision Purpose
Publication of names of offenders (PDF 387KB) Section 121(2) of the Food Act Describes the procedures for the publication of names of offenders prosecuted for an offence under the Food Act and Food Regulations
Approved brand under the Food Regulations 2009 (PDF 470KB) Regulation 22, 23, 25 of the Food Regulation Make available the brands which have been approved by the Department of Health for use on meat carcases for human consumption and on carcases for the consumption of animals. 
Department of Health Compliance and Enforcement Policy (PDF 523KB) n/a This policy sets out the Department of Health's approach to food regulatory enforcement activity for the food businesses which it is responsible for enforcing. The policy provides a range of compliance and enforcement options in response to compliance failures by food businesses. Local governments are encouraged to develop a similar as an enforcement agency to ensure consistency in compliance and enforcement.
Approval of laboratories and analysts (PDF 150KB) Part 7 of the Food Act Details the framework for the approval of laboratories and analysts by the CEO of the Department of Health for the purposes of carrying out analyses under the Food Act.
WA priority classification system (PDF 150KB) Section 100(2) of the Food Act The priority classification system for the application of the requirements of food safety programs.

Regulatory guidelines

Guidelines Provision Purpose
Appointment of Authorised Officers (Meat Inspector only) (PDF 79KB) Section 122 of the Food Act An enforcement agency may appoint a person to be an authorised officer for the purposes of inspection of animals before and after slaughter. This guidance assists with these appointments.
Appointment of Authorised Officers (PDF 78KB) Section 122 of the Food Act Provides guidance to enforcement agencies on the appointment of an authorised officer. 
Appointment of Authorised Officers - Designated Officers Only (PDF 104KB) Section 122 of the Food Act Provides guidance to enforcement agencies on the appointment of authorised officers for the purposes of section 126 of the Act (Infringement Notices). Note: This document is to be read in conjunction with the 'Guideline on the Appointment of Authorised Officers' document above.
Appointment of Authorised Officers - Appointment of persons to assist with the discharge of duties of an authorised officer (PDF 244KB) Section 122(2) of the Food Act Guidance on the appointment of persons to assist with the discharge of duties on an authorised officer.
Approach to be adopted by Department of Health in regards to export activities – prescribed goods for export (PDF 24KB) Section 8 of the Food Act To outline the Department of Health’s position to local government enforcement agencies and food businesses in relation to section 8 (appropriate enforcement agency) of the Food Act 2008 in regards to “Export Activities” of food from WA and Department of Agriculture, Fisheries and Forestry (DAFF) and the delivery arrangements agreed under a “Letter of Exchange” between the DOH and DAFF
The preparation of raw egg - based products - consistent approach to be adopted by enforcement agencies (PDF 1309KB) Section 120 of the Food Act To outline the approach to the assessment, and subsequent compliance and enforcement, of Standard 3.2.2, Division 3 - Food Handling Controls of the Australia New Zealand Food Standards Code in relation to the food safety risks associated with raw egg including processing of raw egg-based products.
Food Act 2008 Regulatory Guideline No. 6: Regulatory Food Safety Auditing in Western Australia (PDF 95 KB) Part 8 of the Food Act Provides enforcement agencies with a guide on time frames for new businesses developing and implementing food safety programs. 

Approved forms

Forms Provision Purpose
Notification of Suspected Presence or Isolation of Pathogen Form Requirements (PDF 159KB) Regulation 15 of the Food Regulations For the purposes of Regulation 15 of the Food Regulations 2009 the approved form to be completed by a proprietor of a food business or the person in charge of a laboratory for the suspicion / isolation of pathogen from food, a person, premises, a vehicle or anything associated with the food business, must includespecific information.
Registration of Food Business (PDF 82KB) Section 110(2) of the Food Act The approved form for the registration of a food business must include the information specified by the appropriate enforcement agency.
Certificate of Registration (PDF 80KB) Section 110(6) The approved form for the Certificate of Registration of a food business must include the information specified by the appropriate enforcement agency.
Notification of Certain Changes to Registered Food Business Form Requirements (PDF 83KB) Section 113 of the Food Act The approved form for the notification of certain changes to a registered food business must include specific information.
Regulatory Food Safety Audit Report (Word 24 KB)  Section 102 of the Food Act
This form has been approved by the CEO and must be submitted to the appropriate enforcement agency within 21 days after the completion of a regulatory food safety audit/assessment by the regulatroy food safety auditor
Regulatory Food Safety Audit Report Section 102(5) Approved Form: Notification of Critical Non-Compliance (Word 18 KB) Section 102(5) of the Food Act This form has been approved by the CEO and must be submitted to the appropriate enforcement agency within 24 hours by a regulatory food safety auditor following the finding of a contravention that is an imminent and serious risk to the safety of food intended for sale or that will cause significant unsuitability of food intended for sale.
Certificate of analysis (PDF 150KB) Section 81 of the Food Act Outlines the information required on the approved certificate of analysis form. 
Application for approval of an analyst (PDF 155KB)  Section 82 of the Food Act Approved form. 
Application for approval of a laboratory (PDF 166KB) Section 82 of the Food Act  Approved form. 
Regulatory food safety auditor application form (PDF 261 KB) Section 94 of the Food Act The approved form to apply to be a regulatory food safety auditor. 

Government Gazette

Gazette
Procolomation of Food Act 2008 - Health (Food and Pet Meat) Repeal Regulations 2009 (external site)
Health (Food) Local Laws 2009 (external site)
Last reviewed: 06-07-2021
Produced by

Environmental Health Directorate