The obligation
Part 4 of the Food Act 2008 allows emergency orders, including recall orders, and makes it an offence to breach them without reasonable excuse.
An emergency order may absolutely prohibit an activity relating to a particular food or type of food, or permit it subject to conditions, including conditions on taking and analysing samples of food, water or soil. A person bound by a recall order is liable for the reasonable costs incurred by or on behalf of the CEO in connection with the order, and those costs are recoverable as a debt.
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- What
- Part 4 of the Food Act 2008 allows emergency orders, including recall orders, and makes it an offence to breach them without reasonable excuse.
- Source
- legislation.wa.gov.au
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Frequently asked questions
Which WHS law does this come from?
Emergency Orders and Food Recall Orders — Food Act 2008 (WA) Part 4 is a WHS requirement set out in Food Act 2008 (WA). The relevant provision is Food Act 2008 (WA) > Part 4 — Emergency powers § s. 32–36.
What does this WHS obligation require?
Emergency Orders and Food Recall Orders — Food Act 2008 (WA) Part 4 is a WHS obligation under Food Act 2008 (WA). In short, Part 4 of the Food Act 2008 allows emergency orders, including recall orders, and makes it an offence to breach them without reasonable excuse.
What changed recently?
Emergency Orders and Food Recall Orders — Food Act 2008 (WA) Part 4 was last updated on 19 October 2026.