Dairy Industry Regulation 1993

Queensland Dairy Industry Act 1993 DAIRY INDUSTRY REGULATION 1993 Reprinted as in force on 1 January 2003 (includes amendments up to SL No. 190 of 2000) This is the reprint current on the repeal date Reprint No. 3B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This regulation is reprinted as at 1 January 2003. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland DAIRY INDUSTRY REGULATION 1993 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Meaning of “milk”—Act, s 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Classification of certain products as “dairy produce” and “market milk”—Act, s 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—CLASSIFICATION OF LICENCES 6 Producers’ licences—Act, s 28(1)(a) and (2) . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Processors’ licences—Act, s 28(1)(b) and (2). . . . . . . . . . . . . . . . . . . . . . . . 6 8 Laboratory licences—Act, s 28(1)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 3—MISCELLANEOUS 9 Prescribed diseases—Act, s 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Returns—Act, s 106(2)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11 Charges relating to condemned dairy produce—Act, s 106(2)(d) . . . . . . . . 8 13 Charge on appeal—Act, s 106(2)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 10 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8 Table of renumbered provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

s1 3 s2 Dairy Industry Regulation 1993 DAIRY INDUSTRY REGULATION 1993 [as amended by all amendments that commenced on or before 1 January 2003] PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Dairy Industry Regulation 1993 . 2 Definitions In this regulation— “Food Standards Code” means the Food Standards Code adopted under the Food Standards Regulation 1994 . “high fat” , in relation to milk, means that the milk has a milk fat content of not less than 45 g/kg. “liquid milk products with vegetable oil” means milk to which vegetable oil has been added so that the product has a vegetable fat content of not more than 35 g/kg. “low fat” , in relation to milk, means that the milk has a milk fat content of not more than 10 g/kg. “modified milk” means a liquid mixture of 2 or more of the following— (a) milk; (b) concentrated milk; (c) dried full cream milk; (d) skim milk; (e) concentrated skim milk; (f) dried skim milk; (g) cream; (h) buttermilk;

s3 4 s4 Dairy Industry Regulation 1993 (i) dried buttermilk; (j) milk fat; (k) water. “pasteurised” means treated— (a) by heating to a temperature of at least 72ºC, keeping at or above that temperature for not less than 15 seconds and immediately shock cooling to a temperature below 4.5ºC; or (b) by any other process involving heating and shock cooling that has an equal or greater lethal effect on bacteria. “reduced fat” , in relation to milk, means that the milk has a milk fat content of not more than 20 g/kg and not less than 10 g/kg. “reduced lactose” , in relation to milk, means that the milk has not more than 1 / 5 the normal lactose content of milk. “skim milk” means milk that has a milk fat content of not more than 1.5 g/kg. “ultra heat treated” (UHT) means treated by heating to a temperature of not less than 132ºC for not less than 1 second and packaging in hermetically sealed packages approved under the Food Standards Code. 3 Meaning of “milk”—Act, s 3 For the purposes of the definition “milk” in section 3 of the Act, goats are prescribed animals. 4 Classification of certain products as “dairy produce” and “market milk”—Act, s 3 (1) The following products are classified as forms of dairy produce— (a) any liquid product produced by— (i) adding flavouring, vegetable oils, vitamins, minerals or other nutrients to milk; or (ii) reducing the liquid, fat or lactose content of milk; or (iii) subjecting milk to pasteurisation or ultra heat treatment; or

s4 5 s4 Dairy Industry Regulation 1993 (iv) any combination of 2 or more of the processes mentioned in subparagraphs (i) to (iii); (b) cream and thickened cream; (c) butter, ghee (clarified butter), butter concentrate, dairy blend, buttermilk, concentrated buttermilk and anhydrous milk fat (butter oil); (d) cheese, casein and caseinate; (e) whey, whey cream and concentrated whey cream; (f) yoghurt and cultured milk; (g) ice-cream and ice-cream mix; (h) powdered milk, skim milk powder, buttermilk powder, whey powder and milk sugar. (2) The following products are classified as forms of dairy produce and also as market milk— (a) skim milk, reduced fat milk and low fat milk; (b) reduced lactose milk and low lactose milk; (c) modified milk (including reduced fat modified milk, low fat modified milk, reduced lactose modified milk and low lactose modified milk); (d) pasteurised milk (including homogenised pasteurised milk); (e) standardised milk; (f) UHT milk (including UHT modified milk, UHT reduced fat modified milk, UHT low fat modified milk, UHT reduced lactose modified milk and UHT low lactose modified milk); (g) liquid milk products with vegetable oil (including UHT liquid milk products with vegetable oil); (h) any of the products mentioned in paragraphs (a) to (g), or any combination of 2 or more of the products mentioned in the paragraphs, with the addition of flavouring. (3) However, milk is not market milk if it is used or intended for use for the manufacture of— (a) butter; or (b) cheese; or

s6 6 Dairy Industry Regulation 1993 (c) concentrated milk; or (d) condensed milk; or (e) evaporated milk; or (f) skim milk powder; or (g) whole milk powder; or (h) yoghurt; or (i) casein. s7 PART 2—CLASSIFICATION OF LICENCES 6 Producers’ licences—Act, s 28(1)(a) and (2) (1) Producers’ licences are to be of the following classes— • Class A • Class C • Class D. (2) A “Class A” producer’s licence authorises the sale of unpasteurised bovine milk from the dairy specified in the licence for processing as market milk. (3) A “Class C” producer’s licence authorises the sale of unpasteurised goat’s milk from the dairy specified in the licence for processing as market milk. (4) A “Class D” producer’s licence authorises the sale of unpasteurised goat’s milk from the dairy specified in the licence other than for processing as market milk. 7 Processors’ licences—Act, s 28(1)(b) and (2) (1) Processors’ licences are to be of the following classes— • Class A (Pasteurisation) • Class B (Receival depot).

s8 7 s9 Dairy Industry Regulation 1993 (2) A “Class A (Pasteurisation)” processor’s licence authorises the processing of milk as market milk at premises stated in the licence. (3) A “Class B (Receival depot)” processor’s licence authorises, at premises stated in the licence— (a) the receipt, testing, grading, chilling and storage of milk sold as market milk; and (b) the sale of market milk to processors. 8 Laboratory licences—Act, s 28(1)(c) (1) A laboratory licence authorises the holder of the licence to carry out examinations, tests and analyses of a kind specified in the licence at laboratory premises specified in the licence. (2) A person must not carry on the business of examining, testing or analysing dairy produce unless authorised to carry on the business by a laboratory licence. Maximum penalty for subsection (2)—40 penalty units. PART 3—MISCELLANEOUS 9 Prescribed diseases—Act, s 55 The following are prescribed diseases for the purposes of section 55 of the Act— (a) a disease declared to be a communicable disease under section 32 of the Health Act 1937 ; (b) a communicable skin infection; (c) an open infected sore; (d) an eruption, ulceration or discharging wound of the skin of the face, hands or arms.

s 10 8 s 11 Dairy Industry Regulation 1993 10 Returns—Act, s 106(2)(c) (1) The holder of a processor’s licence must give to the authority a return, for each month, that sets out— (a) for a Class A (Pasteurisation) processor’s licence— (i) the quantity of milk processed for sale at each of the processor’s factory premises in the month; and (ii) the quantity of market milk sold in the month by the processor from each of the processor’s factory premises; and (iii) the quantity of each other kind of dairy produce manufactured by the processor in the month; and (iv) the quantity of each other kind of manufactured dairy produce sold in the month; or (b) for a Class B (Receival depot) processor’s licence—the quantity of milk sold by the processor in the month. (2) The return must be— (a) in the form approved by the authority; and (b) given to the authority within 5 business days after the end of the month. (3) The return may be given by telex or facsimile. (4) The holder of a processor’s licence must not, without reasonable excuse, fail to give a return as required by this section. Maximum penalty for subsection (4)—40 penalty units. 11 Charges relating to condemned dairy produce—Act, s 106(2)(d) (1) If dairy produce is condemned and disposed of under section 54 of the Act, the authority may impose a charge on the owner of the dairy produce sufficient to cover the authority’s costs for the condemnation, analysis (if applicable) and disposal of the dairy produce. (2) The charge is imposed by giving the owner of the dairy produce an account setting out the amount of the charge. (3) The authority may recover the charge as a debt.

s 13 9 s 13 Dairy Industry Regulation 1993 13 Charge on appeal—Act, s 106(2)(d) (1) A person must pay a charge of $250 on lodging an appeal with the tribunal. (2) The charge is to be paid to the authority and applied by it towards the costs associated with the establishment and operation of the tribunal.

10 Dairy Industry Regulation 1993 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 January 2003. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

11 Dairy Industry Regulation 1993 4 Table of earlier reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of earlier reprints, see the latest reprint. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF EARLIER REPRINTS Reprint No. 1 2 2A 2B 3 3A Amendments included none to SL No. 38 of 1994 to SL No. 259 of 1995 to SL No. 254 of 1997 to SL No. 19 of 1999 to SL No. 190 of 2000 Effective 30 July 1993 11 February 1994 15 September 1995 15 August 1997 5 March 1999 1 July 2000 Reprint date 20 December 1993 21 July 1994 29 July 1996 5 September 1997 5 March 1999 7 July 2000 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Corrected minor errors Renumbered provisions Reprint No. 1 3 6 List of legislation Dairy Industry Regulation 1993 SL No. 282 made by the Governor in Council on 29 July 1993 notfd gaz 30 July 1993 pp 1594–6 commenced on date of notification rep 1 January 2003 (2000 No. 45 s 141 as amd 2002 No. 49 s 28) amending legislation— Dairy Industry Amendment Regulation (No. 1) 1994 SL No. 38 notfd gaz 11 February 1994 pp 436–9 commenced on date of notification Dairy Industry Amendment Regulation (No. 1) 1995 SL No. 259 notfd gaz 15 September 1995 pp 317–18 commenced on date of notification Dairy Industry Legislation Amendment Regulation (No. 1) 1997 SL No. 254 pts 1–2 notfd gaz 15 August 1997 pp 1830–31 commenced on date of notification

12 Dairy Industry Regulation 1993 Dairy Industry Amendment Regulation (No. 1) 1998 SL No. 332 pts 1–2 notfd gaz 11 December 1998 pp 1376–77 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 1999 (see s 2) Primary Industries Legislation Amendment Regulation (No. 1) 1999 SL No. 19 pts 1–2 notfd gaz 5 March 1999 pp 950–53 commenced on date of notification Dairy Industry Amendment Regulation (No. 1) 2000 SL No. 190 notfd gaz 30 June 2000 pp 763–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) 7 List of annotations Definitions s 2 def “Food Standards Code” sub 1999 SL No. 19 s 5 def “nonparticipating vendor” om 1998 SL No. 322 s 4 def “restructuring scheme” om 1998 SL No. 322 s 4 def “small commercial consumer” amd 1997 SL No. 254 s 3 om 1998 SL No. 322 s 4 def “supermarket” sub 1995 SL No. 259 s 3 om 1998 SL No. 322 s 4 Meaning of “milk”—Act, s 3 s 3 prov hdg amd 2000 SL No. 190 s 4 Meaning of “supermarket” s 3A ins 1995 SL No. 259 s 3 om 1998 SL No. 322 s 5 Classification of certain products as “dairy produce” and “market milk”—Act, s 3 s 4 prov hdg amd 2000 SL No. 190 s 4 Classification of certain products as pasteurised milk and cream (s 3 of the Act) s 5 om 2000 SL No. 190 s 5 Producers’ licences—Act, s 28(1)(a) and (2) prov hdg amd 2000 SL No. 190 s 6(1) s 6 amd 1998 SL No. 322 s 6; 2000 SL No. 190 s 6(2)–(3) Processors’ licences—Act, s 28(1)(b) and (2) s 7 amd 1998 SL No. 322 s 7 sub 2000 SL No. 190 s 7 Laboratory licences—Act, s 28(1)(c) prov hdg amd 2000 SL No. 190 s 8 s 8 prev s 8 om 1998 SL No. 322 s 8

13 Dairy Industry Regulation 1993 PART 3—MISCELLANEOUS pt hdg prev pt hdg om 2000 SL No. 190 s 9 pres pt hdg (prev pt 4 hdg) renum 2000 SL No. 190 s 10 Prescribed diseases—Act, s 55 prov hdg amd 2000 SL No. 190 s 11(1) s 9 orig s 9 om 1998 SL No. 322 s 8 prev s 9 amd 1998 SL No. 322 s 10 om 2000 SL No. 190 s 9 pres s 9 (prev s 11) renum 2000 SL No. 190 s 11(2) Returns—Act, s 106(2)(c) prov hdg amd 2000 SL No. 190 s 12(1) s 10 prev s 10 sub 1998 SL No. 322 s 12 om 2000 SL No. 190 s 9 pres s 10 (prev s 12) amd 1998 SL No. 322 s 13; 2000 SL No. 190 s 12(2) renum 2000 SL No. 190 s 12(3) Charges relating to condemned dairy produce—Act, s 106(2)(d) prov hdg amd 2000 SL No. 190 s 13(1) s 11 orig s 11 sub 1997 SL No. 254 s 4 om 1998 SL No. 322 s 9 prev s 11 renum as s 9 2000 SL No. 190 s 11(2) pres s 11 (prev s 13) renum 2000 SL No. 190 s 13(2) Charge on appeal—Act, s 106(2)(d) prov hdg amd 2000 SL No. 190 s 13(1) s 12 prev s 12 renum as s 10 2000 SL No. 190 s 12(3) pres s 12 (prev s 14) renum 2000 SL No. 190 s 13(2) Charges relating to condemned dairy produce (s 106(2)(d) of the Act) s 13 orig s 13 om 1998 SL No. 322 s 11 prev s 13 renum as s 11 2000 SL No. 190 s 13(2) Charge on appeal (s 106(2)(d) of the Act) s 14 renum as s 12 2000 SL No. 190 s 13(2) Numbering and renumbering of regulation s 19 prev s 19 ins 1994 SL No. 38 s 3 exp 11 February 1994 (see s 19(2)) new s 19 ins 1998 SL No. 332 s 14 om R3 (RA s 37)

14 Dairy Industry Regulation 1993 8 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS [Reprint No. 3] under the Reprints Act 1992 s 43 as required by the Dairy Industry Regulation 1993 s 19 Previous Renumbered as 6(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(3) 6(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(4) 7(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7(4) 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 © State of Queensland 2003