Food Regulation 2006

1Short title

This regulation may be cited as the Food Regulation 2006 .

2Commencement

This regulation commences on 1 July 2006.

2ADefinitions

The dictionary in schedule 2 defines words used in this regulation.

s 2A ins 2010 SL No. 276 s 4

3Sale of prescribed food—Act, s 48

For section 48 (2) (k) of the Act, the sale of meals by a non-profit organisation is prescribed if—

(a)the organisation is a surf lifesaving club; and

(b)a member is involved in the preparation of the meal; and

(c)the meal is sold to a member of the club for a nominal amount.

s 3 amd 2012 SL No. 208 s 4

4Display of licence details by mobile premises—Act, s 69

For section 69 (1) (c) (ii) of the Act, the details of the licence to be displayed on mobile premises are the following—

(a)the name and telephone number of the local government which issued the licence;

(b)the number of the licence as issued by the local government;

(c)the expiry date of the licence;

(d)the licensee’s full name;

(e)if the mobile premises are a vehicle, under the Transport Operations (Road Use Management) Act 1995 , that is required to be registered under that Act—the registration number of the vehicle;

Note—

See the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 , section 11 (Vehicles used on roads must be registered).

(f)if the premises are a food vending machine—

(i)the serial number for the food vending machine; or

(ii)other unique identifying number or mark for the food vending machine.

s 4 amd 2010 SL No. 191 s 133 sch 7; 2012 SL No. 208 s 5

4AExemption from accredited food safety program—Act, s 99

For section 99 (2) of the Act, a licensee is exempt if on-site catering is provided—

(a)on not more than 11 occasions in any 12-month period; and

(b)for not more than 199 persons on each occasion.

s 4A ins 2008 SL No. 22 s 3

4BPrescribed food business—Act, s 99

(1)For section 99 (1) (e) of the Act, the following types of food businesses are prescribed—

(a)a relevant facility that processes potentially hazardous food for at least 6 persons in the facility’s care at a time;

Example—

a residential aged-care facility or childcare centre that prepares meals for persons in its care

(b)a relevant facility that serves potentially hazardous food to at least 6 persons in the facility’s care at a time;

Example—

a residential aged-care facility that serves meals, prepared by an offsite supplier, to persons in its care

(c)a ready-to-eat food business processing ready-to-eat food that—

(i)includes potentially hazardous food; and

(ii)is for service to at least 6 persons at a time;

Example—

a cook–chill facility that processes food for service to patients in a private hospital

(d)a food business whose principal activity is processing ready-to-eat food for delivery by a delivered meals organisation if the food—

(i)includes potentially hazardous food; and

(ii)is for delivery to at least 6 persons at a time.

Example—

a Meals on Wheels branch that cooks meals for delivery to frail or aged persons

(2)In this section—

delivered meals organisation means a community organisation delivering meals to the homes of frail or aged persons, or persons with a disability.

ready-to-eat food business means a food business whose principal activity is processing ready-to-eat food for service in another facility that is—

(a)a relevant facility; or

(b)a private hospital; or

(c)a public sector hospital.

s 4B ins 2010 SL No. 276 s 5

5Prescribed contaminants—Act, s 269

For section 269 of the Act, the contaminants mentioned in schedule 1 are prescribed.

s 5 amd 2010 SL No. 276 s 6

6Prescribed food—Act, s 270

(1)For section 270 (6) of the Act, food, other than raw meat, is prescribed.

(2)For subsection (1), raw meat does not include—

(a)cured, dried or smoked meat; or

(b)uncooked fermented meat.

7Fees for applications

(1) Subsection (2) applies to each of the following—

(a)an application, made under section 128 of the Act, for approval as an auditor;

(b)an application, made under section 138 of the Act, for renewal of an approval as an auditor.

(2)For section 151 (2) (c) of the Act, the fee is the total of the following—

(a)the application fee of $114.50;

(b)an approval fee of $247.00 for each year of the approval.

(3) Subsection (4) applies to an application, made under section 141 of the Act, to amend the conditions imposed on an auditor’s approval.

(4)For section 151 (2) (c) of the Act, the fee is $25.50.

(5)For section 154 (2) (c) of the Act, the fee is $25.50.

s 7 ins 2008 SL No. 185 s 4

amd 2012 SL No. 152 s 4; 2013 SL No. 185 s 4; 2014 SL No. 211 s 6; 2015 SL No. 49 s 6

section 5

Campylobacter jejuni

Clostridium botulinum

Listeria monocytogenes

Salmonella (any species)

Shiga toxin-producing Escherichia coli (STEC)

Shigella (any species)

Yersinia enterocolitica (pathogenic strains only)

sch 1 (prev sch) num 2010 SL No. 276 s 7(1)

amd 2010 SL No. 276 s 7(2)

section 2A

aged-care facility means—

(a)a facility that provides residential care, or flexible care in a residential setting, by an approved provider, other than the State, under the Aged Care Act 1997 (Cwlth); or

(b)a day facility that provides respite care, or rehabilitative or therapeutic treatment, to aged persons.

delivered meals organisation see section 4B.

flexible care see the Aged Care Act 1997 (Cwlth), schedule 1.

preparatory year means the year of schooling immediately before year 1.

def preparatory year ins 2011 SL No. 278 s 10(1)

private hospital see the Private Health Facilities Act 1999 , section 9.

process means undertaking an activity to prepare food for sale, including chopping, cooking, drying, fermenting, heating, pasteurising, thawing and washing.

public sector hospital means a hospital operated by the State.

ready-to-eat food means food that is ready for consumption, including food that may be reheated, portioned or garnished, or food that undergoes similar finishing prior to service.

ready-to-eat food business see section 4B.

relevant facility means any of the following—

(a)an aged-care facility;

(b)a facility that provides care, including palliative care, to persons with a terminal illness;

(c)a day hospital licensed under the Private Health Facilities Act 1999 , part 6, that provides haemodialysis or cytotoxic infusion health services;

(d)a QEC approved service under the Education and Care Services Act 2013 , other than a school age care service under that Act;

(e)an approved education and care service under the Education and Care Services National Law (Queensland), other than—

(i)a family day care service under that Law; or

(ii)an education and care service under that Law providing education and care primarily to children who attend school in the preparatory year or a higher year.

def relevant facility amd 2011 SL No. 278 s 10(2); 2013 SL No. 265 s 81 sch 5 pt 2

residential care see the Aged Care Act 1997 (Cwlth), schedule 1.

respite care means care provided to a person to give the person or their carer a short-term break from their usual care arrangement.

sch 2 ins 2010 SL No. 276 s 8