Section 23 of the Food Act 2006 says which sections of the Act Local Governments are responsible for enforcing.
Under section 23, Local Governments are responsible for enforcing section 39 (1) which says that a person preparing or offering food for sale must comply with the Food Safety Standards of the Food Standards Code. It also makes local councils responsible for licensing those food businesses requiring a licence. Under the Act, not all food businesses now need a licence. Section 48 of the Act explains which food businesses need to be licensed. If a food business is making food or selling unpackaged food, it will most likely need a licence. All licensed food businesses now also require a food safety supervisor for the business. This is a person with special training in food handling. Requirements for food safety supervisors are in sections 86-88 of the Act and the Queensland Health fact sheet provides more information. More detailed information about licensing requirements for food businesses can be obtained from your local Population Health Unit or the Queensland Health food industry website.
Council services should also include a system for receiving and managing complaints about food businesses. This will make sure that a record is kept of the types of complaints the Council receives and EHWs investigate, including what action the EHW has taken to sort out the complaint (in some situations, there may be no action the EHW can take because the complaint was false or there was no evidence of a problem).
Councils are also required to ensure that they have the people (an EHW), the equipment and the services necessary to make sure the food laws are complied with.
As well as enforcing the Act and Regulation, councils should educate people running food businesses about their obligations under the law, and the wider community about the benefits of keeping food safe. Preventing food poisoning is far easier than trying to fix problems after they arise.