VIC Facebook Admin And Food Businesses

[Lauren911]

A Facebook user has set up a great local page to support food traders through the covid pandemic. 11,000 group members.

Over the past few days many people have jumped on the bandwagon and are advertising meals/cakes etc for sale under their personal name.

I sent a message publicly to admin suggesting that it is a condition of advertising (and to be included in page rules) that the advertiser discloses whether they hold a relevant permit to prepare and serve food from a domestic premises.
The first response was ‘great idea, I’ll do that’. Followed shortly after by ‘I can’t monitor it, people will just have to ask if they want to know’.

I find this a bit negligent on admins behalf. If it is illegal to sell food from an unregistered kitchen (I provided her the document outlining this, the document is very clear) then am I correct that admin should be taking action to try and prevent illegal business being advertised on their page?

If someone becomes ill from one of these illegal food sellers, can this admin be liable as

1. They allowed them to advertise on their page knowing they might be illegally trading.

2. Some of these advertisers have been added by admin to a linked excel spreadsheet (for easy member access to food options)

3. Publicly replying to my comment basically stating that it’s not her problem.

Thanks!

 

[JazKaz]

It is definitely an issue of reputation and business ethics as well as legality.

Whilst it may be cumbersome and inefficient to thoroughly check every food trader for a license that is valid, it would prevent issues for them as an intermediary. It would help to ensure that a party receives the appropriate liability for their actions.

It may help reduce severity of the issue if a clear statement is made to potential customers that not all on the intermediary’s list may be registered, similar to what an information provider may do regarding ‘fake information’, where they guarantee a certain percentage of information will be valid or rather fact checked by relevant authority.

Under certain circumstances this may push the liability towards those who attempt to defy the law by not registering as a sole trader, under their own name.

Another suggestion would be for the intermediary to ask those participating to provide their ABN in order to be listed. It reduces the need for checking by the intermediary and shifts the onus onto those participating to not be breaking the law and losing about their position.

 

[JazKaz]

to not be breaking the law and ‘lying’ about their position.

 

[Lauren911]

It is definitely an issue of reputation and business ethics as well as legality.

Whilst it may be cumbersome and inefficient to thoroughly check every food trader for a license that is valid, it would prevent issues for them as an intermediary. It would help to ensure that a party receives the appropriate liability for their actions.

It may help reduce severity of the issue if a clear statement is made to potential customers that not all on the intermediary’s list may be registered, similar to what an information provider may do regarding ‘fake information’, where they guarantee a certain percentage of information will be valid or rather fact checked by relevant authority.

Under certain circumstances this may push the liability towards those who attempt to defy the law by not registering as a sole trader, under their own name.

Another suggestion would be for the intermediary to ask those participating to provide their ABN in order to be listed. It reduces the need for checking by the intermediary and shifts the onus onto those participating to not be breaking the law and losing about their position.

Thank you for your response Very detailed and has satisfied my curiosity.