In short
- What the rule is
- A WA proprietor told that one of four pathogens has been found, or is suspected, in food, a person or anything connected with the business gives the CEO of the Department of Health oral notice at once, then written notice within 24 hours.
- Who it applies to
- The proprietor of every WA food business. This is a WA regulation, not part of the Food Standards Code.
- What you need to do
- Know the four pathogens, give oral notice to the Department of Health as soon as you are told, then send written notice in the approved form within 24 hours of it.
- What this does not require
- Waiting for a confirmed result. Suspected isolation is enough to start the duty.
What the rule says
Regulation 15 of the Food Regulations 2009 (WA) applies to the proprietor of a food business who is informed of the isolation, or suspected isolation, of a pathogen from food, a person, the premises, a vehicle or anything else associated with the business.
The proprietor must give the CEO of the Department of Health oral notice immediately, then written notice in the approved form within 24 hours after the oral notice. The penalty is a fine of $5,000.
Regulation 14 limits the duty to four pathogens:
- Listeria monocytogenes
- all Salmonella species
- all Shigella species
- verotoxigenic E. coli
Regulation 16 lets the CEO give any person directions about procedures, with the same $5,000 fine.
Who it applies to
Every food business proprietor in WA. The duty falls on the proprietor who is told, not on the staff member who is unwell.
This is WA law only. Standard 3.2.2 has a handler report illness to their supervisor and sets no duty to tell a regulator. Other states have their own rules, and this guide covers WA.
By sector: Restaurants and Bars, Catering and Events
What it looks like in practice
- A person counts. A staff member's illness can start the duty, not only a food sample.
- Suspicion is enough. Being told a pathogen may have been found starts the clock.
- There are two deadlines. Oral notice is immediate, and the 24 hours for written notice runs from the oral notice, not from when you were told.
Keep the Department of Health's notification page where the manager on duty can find it, and decide in advance who gives notice when the owner is away.
Keep the handler off food work in the meantime under clause 16 of Standard 3.2.2, and keep their health details private under clause 18(2).
Note what you were told and when, when oral notice was given, and when the written notice went.
What you are not required to do
- Waiting for confirmation. Suspected isolation is enough.
- Notifying under regulation 15 for other illnesses. It covers the four pathogens in regulation 14.
- Following this rule outside WA. It is a WA regulation, and each state sets its own.
Doing it in Hospitality Shield
A suspected foodborne illness is its own kind of incident in Hospitality Shield. For a WA venue the screen then sets out the regulation 15 duty in full. Recording the incident is not the notice: the venue still gives it to the Department of Health itself.
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Asked about this rule
Does a staff member's illness count?
Yes. Regulation 15 covers isolation of a pathogen from a person associated with the business, so a handler found or suspected to have one of the four pathogens can start the duty.
Do we wait for the test result?
No. Suspected isolation is enough. Give oral notice immediately.
When is the written notice due?
Within 24 hours after the oral notice, in the approved form.
Which pathogens does it cover?
Listeria monocytogenes, all Salmonella species, all Shigella species and verotoxigenic E. coli (regulation 14).
Sources
- Food Regulations 2009 (WA), Western Australian Legislation
- Notification of prescribed pathogens by a food business, WA Department of Health
- Standard 3.2.2 Food Safety Practices and General Requirements, Federal Register of Legislation
General information about the rules in Western Australia. It is not legal advice. Your local government's environmental health officer decides how the rules apply to your premises.