QueenslandDairy Industry
Act 1993DAIRYINDUSTRYSTANDARD1993Reprinted as in force on 1 January
2003(includes amendments up to SL No. 18 of
2001)This is the reprint current on the repeal
dateReprint No. 1CThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
standard is reprinted as at 1 January 2003. The reprint shows the
law as amended byall 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 listof legislation and list of annotations in
endnotes.This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of earlier reprints is included in
theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.Dates shown on reprintsReprints dated at
last amendmentAll reprints produced on or after 1 July
2002, hardcopy and electronic, are dated as at the last
date of amendment. Previously reprints weredated as at the
date of publication. If a hard copy reprint is dated earlier than
an electronicversion published before 1 July 2002, it
means the legislation was not further amendedand 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
versionpreviously published, it merely means that
the electronic version was published before thehard copy version.
Also, any revised edition of the previously published electronic
versionwill have the same date as that
version.Replacement reprint dateIf the date of a
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other.
s13s2Dairy
Industry Standard 1993DAIRY INDUSTRY STANDARD 1993[as
amended by all amendments that commenced on or before 1 January
2003]PART 1—PRELIMINARY1Short
titleThis standard may be cited as theDairy Industry Standard 1993.2DefinitionsIn
these standards—“approvedlaboratory”meansalaboratoryregisteredbytheNationalAssociation of
Testing Authorities or for which a current laboratorylicence has been issued under the
Act;“bulkmilkgrader”meansapersonwhoisqualifiedtoclassifymilkaccording to its quality;“commercial vehicle”means a vehicle
used to deliver dairy produce to awholesale or
retail supplier.“depot”meanspremisesusedforthesampling,testing,processingbychilling only and refrigerated storage of
dairy produce for distributionto the wholesale
market;“ExportControlOrders”meanstheExportControl(ProcessedFood)Ordersissued under
theExport Control Act 1982(Cwlth);“factory”means premises
(other than a depot) used for the processing ofdairyproduceforsalebutdoesnotincludeadairywhereunpasteurised milk is packaged;“FoodStandardsCode”meanstheFoodStandardsCodeundertheAustralia New Zealand Food Authority
Act 1991(Cwlth).
s34s5Dairy
Industry Standard 1993PART 2—STANDARDS FOR DAIRY
PRODUCE3Compliance with the Food Standards
CodeThestandardthatdairyproduceintendedforsaleforhumanconsumption must
comply with is the Food Standards Code unless anotherstandard is specified in these
standards.4Product standards for milk(1)Anownerofadairymustensuremilksuppliedfromthedairycomplies with the
standards specified in this section.(2)When
tested as required by section 14, milk supplied from the
dairyto a factory or depot must not have—(a)amicro-organismcolonycountofmorethan50000coloniesper
millilitre; and(b)for unpasteurised bovine milk—a milk
fat content of less than33 g per L.(3)When
tested as required by section 13, unpasteurised milk
intendedfor human consumption and supplied from the
dairy other than to a factoryor depot must not
have—(a)amicro-organismcolonycountofmorethan50000coloniesper
millilitre; and(b)less than the allowable content
prescribed in the Food StandardsCode for—(i)milk fat; and(ii)milk
solids non-fat or protein.5Non-contamination
of dairy produce for sale(1)In this
section—“ancillary products and materials”means products and materials used—(a)in the production or processing of
dairy produce; or(b)in the cleaning and sanitising of any
building, plant or equipmentusedinconnectionwiththeproductionorprocessingofdairyproduce.
s65s6Dairy
Industry Standard 1993(2)An owner of any
premises, vehicle, plant or equipment used for theproduction, processing or storage of dairy
produce for sale must ensure thepremises,vehicle,plantorequipmentisusedinawaythatensuresthedairy
produce is protected against contamination or tainting.(3)An owner of a vehicle used for the
carriage of dairy produce for salemust ensure the
vehicle is used in a way that ensures the dairy produce isprotected against contamination or
tainting.Maximum penalty—40 penalty units.(4)Products and materials (other than
ancillary products and materials)must not be used
or stored in the production area, processing area, dairyproduce storage area or packaging materials
storage area, of a dairy, factoryor depot.6Carriage and storage of dairy produce
intended for sale forhuman consumption(1)Dairyproduceintendedforsaleforhumanconsumptionmustbecarried and stored at a temperature of
not more than 5ºC.(2)Subsection (1) does not apply to dairy
produce that—(a)is mentioned in subsections (3), (4)
and (5); or(b)is undergoing a process requiring a
different temperature; or(c)is ultra heat
treated, sterilised or powdered.(3)Unpasteurised milk stored at a dairy must be
stored in a bulk milktankatatemperatureabovethefreezingpointofthemilkbutatatemperature of not more than 4ºC.(4)Unpasteurised milk received at a
factory or depot must—(a)immediately on
its receipt, be cooled to a temperature above thefreezingpointofthemilkbutatatemperatureofnotmorethan 4ºC;
and(b)be kept in the temperature range
specified in paragraph (a).(5)Unpasteurised
milk carried or stored in a tanker must be kept at atemperature of not more than 6ºC while it is
in the tanker.
s76s9Dairy
Industry Standard 19937Packaging of
unpasteurised milkUnpasteurised milk for sale (other than to a
factory or depot) for humanconsumption must
be packaged in a tamper proof container.PART 3—STANDARDS
FOR A FACTORY OR DEPOT8Standards for a
factory or depotA factory or depot used for the processing
or storage of dairy producefor sale must
comply with the standards specified in this Part.9Structural and operational
requirements(1)The structure of a factory or depot
must comply with Schedule 2,sections 1 to 28,
47 and 48 of the Export Control Orders.(2)AfactoryordepotmustbeoperatedasrequiredbySchedule3,sections 1 to 20, 24 to 31, 33 to 56, 60 to
63, 76 and 77 of the ExportControl
Orders.(3)The premises and buildings of a
factory or depot must be kept clean,in a wholesome
condition and in good repair.(4)Plant or equipment used in a factory or
depot for the processing orstorage of dairy
produce must be—(a)cleaned immediately after use;
and(b)kept in a clean and wholesome
condition and in good repair.(5)The
premises, buildings, plant and equipment of a factory or
depotmay only be used to manufacture—(a)food that does not leave a residual
odour in the equipment afterthe equipment
has been cleaned; or(b)industrial
casein; or(c)dairy produce stock food.
s
107s 11Dairy Industry
Standard 199310Quality control of dairy
produceDairyproduceintendedforsaleforhumanconsumptionmustbeprocessed, packaged or stored at a
factory or depot under a quality controlsystem complying
with—(a)theAustralianStandardsforQualitySystemsissuedbyStandards Australia; or(b)the
following provisions of the Export Control Orders—(i)Schedule7,sections1to11,13to16,18to36,and39to 58;(ii)Schedule 8, sections 1 to 11, 13 to 16, and
18 to 39.11Records to be kept by the owner of a
factory or depot(1)The owner of a factory or depot
must—(a)keep a record of dairy produce
received at or distributed from thefactory or
depot; and(b)produce a copy of the record on
request of an authorised person.(2)The
record must contain details of the following—(a)milk
received at the factory;(b)milk dispatched
from the factory to another factory;(c)fordairyproduceprocessedorpackagedatthefactory,ordistributed from the factory—(i)the quantity; and(ii)container type and size; and(iii)date code or
product batch number.(3)If recording
equipment is attached to a pasteuriser at a factory, theequipment must record details of the
following—(a)the date of processing of the dairy
produce;(b)thetypeofdairyproducebeingprocessedfromthemilkorcream;(c)the
temperature of the milk or cream when leaving the holdingsection and the cooling section of the
pasteuriser;(d)the duration of each
process;
s
128s 12Dairy Industry
Standard 1993(e)the time of day when each process was
performed;(f)the time and duration of a diversion
of the milk or cream;(g)the reason for a
diversion;(h)the reason for an abnormal function of
the equipment;(i)any unusual happenings.(4)If recording equipment is not attached
to a pasteuriser at a factory,therecordkeptbytheownerofthefactorymustcontaindetailsofthefollowing—(a)the
date of processing of the dairy produce;(b)thetypeofdairyproducebeingprocessedfromthemilkorcream;(c)the
time of day when pasteurising temperature was reached;(d)thetimeofdaywhenpasteurisationoftheproducewascompleted;(e)thetemperaturereadingsatthetimesmentionedineachofparagraphs (c) and (d);(f)the
temperature readings taken at 15 minute intervals from thetimepasteurisingtemperaturewasreacheduntilcompletionofthe
pasteurisation process.(5)The records
required to be kept under this section (other than a recordof
ultra heat treated or sterilised cream) must be kept at the factory
or depotfor 1 year.(6)The
record of ultra heat treated or sterilised cream must be kept at
thefactory for 6 months after the use-by date
specified on the package of thecream.PART
4—STANDARDS FOR TESTING AND ANALYSISOF DAIRY
PRODUCE12Sampling, grading and measuring of
milk at a dairy(1)When milk is collected from a dairy
for delivery to a factory or depot,a bulk milk
grader must—
s
139s 14Dairy Industry
Standard 1993(a)take a sample of the milk; and(b)sensory grade the milk; and(c)measure and record the volume of the
milk.(2)The bulk milk grader must immediately
notify the consignor of themilk if the milk
is graded below first grade quality.(3)A
sample of milk taken at a dairy must be taken, stored, carried
andtreated in accordance with—(a)Australian Standard 1166, Methods for
Sampling Milk and MilkProducts, issued by Standards
Australia; or(b)the Laboratory Manual issued by the
Authority.13Testing and analysis of unpasteurised
milk intended for sale asunpasteurised milk(1)An
owner of a dairy producing unpasteurised milk intended for
saleforhumanconsumptionasunpasteurisedmilkmustensurethemilkistested and analysed as required by this
section.(2)At least once in every month, a sample
of the milk must be taken andsent to an
approved laboratory for testing and analysis to determine if
themilk complies with section 4 and the
antibiotics, iodine and coliform countstandardsofH1andH5,MilkandLiquidMilkProducts,oftheFoodStandards
Code.(3)Asamplemustbetakeninawaythatisreasonableinthecircumstances, having regard to the
total quantity of milk produced at thesame
milking.(4)A sample mentioned in this section
must be tested by the appropriatemethod specified
in the Laboratory Manual issued by the Authority or inthe
Food Standards Code.(5)TheownerofthelaboratoryperformingthetestmustensuretheAuthority is provided with a copy of the test
result within 5 business daysafter completion
of the test.14Testing and analysis of milk received
at a factory or depot(1)The owner of a
factory or depot must ensure milk received at thefactory or depot is tested and analysed as
required by this section.
s
1510s 15Dairy Industry
Standard 1993(2)A sample must be taken of each tanker
of milk received at the factoryor depot and sent
to an approved laboratory for testing and analysis for thepresence of antibiotics and iodine.(3)If a test mentioned in subsection (2)
shows the presence in the tankerof more than the
allowable level of the substance as prescribed in H1, Milkand
Liquid Milk Products, of the Food Standards Code, a sample of
eachconsignmentinthetanker,takenundersection12,mustbetestedandanalysed at the laboratory to determine the
level of the substance in eachconsignment.(4)If
payment for the milk is calculated by reference to the content
ofthe substance, a sample of each consignment
of milk in the tanker, takenunder section 12,
must be tested and analysed at an approved laboratory todetermine the content of—(a)milk
fat; or(b)protein; or(c)milk
solids non-fat.(5)At least once in every 10 days, a
sample of each consignment of milkreceived at the
factory or depot on that day must be tested and analysed atan
approved laboratory to determine if the milk complies with the
micro-organism colony count specified in section
4.(6)AtestrequiredunderthissectionmustbeperformedintheappropriatewayspecifiedintheLaboratoryManualissuedbytheAuthority or in the Food Standards
Code.(7)The owner of a factory or depot at
which the milk was received mustensuretheproducerofthemilk,orthefactory,depotorproducercooperative from
which the milk was received, is advised in writing if themilk,
tested as required by this section, does not comply with a
prescribedstandard.(8)A
record of the result of a test must be kept for 1 year at the
factory ordepot that received the milk.15Keeping of records by a
laboratoryThe owner of a laboratory to which a dairy
produce sample is sent fortesting under these standards must
ensure—(a)the dairy produce is tested as
required by these standards; and(b)a
record of the test is kept for 1 year; and
s
1611s 16Dairy Industry
Standard 1993(c)acopyoftherecordisproducedonrequestofanauthorisedperson.PART
5—STANDARDS FOR A DAIRY16Standards for a
dairy(1)The standards for a dairy are as
specified in this section.(2)The milking shed
and milk room must each have a floor—(a)constructed of concrete or other material
impervious to moisture;and(b)graded with a slope allowing self-draining
of the floor; and(c)that is relatively smooth and easily
cleaned.(3)The milk room must also have the
following—(a)walls—(i)constructed of—(A)concrete or brick; or(B)ifsupportedbyadwarfwallofconcreteorbrickatleast200mmhigh—waterproofmaterialotherthanconcrete or brick; and(ii)that
are relatively smooth and easily cleaned;(b)arelativelysmoothceilingallowingeasycleaningandsealedflush to the
walls;(c)a waterproof roof;(d)doorsorwindowscapableofpreventingtheentryofanimals,birds and
vermin;(e)enough lighting;(f)ifthelightingispositionedovertheopeningofabulkmilktank—a cover to protect the lighting and to
prevent broken glassfrom the lighting entering the
tank.(3A)If timber is
used in the walls or ceiling of a milk room, the timbermust
be completely covered with a waterproof material.
s
1612s 16Dairy Industry
Standard 1993(4)Milking plant must—(a)havemilkcontactingsurfacesconstructedofstainlesssteelorother food grade material; and(b)be capable of being properly
cleaned.(5)The milk collection area must have a
concrete slab at least 2 m longand 1.5 m wide
situated—(a)outside the milk room door where the
milk is collected; and(b)in front of the
outlet valve to an external bulk milk tank.(6)A
bulk milk tank must—(a)be constructed
as required by Australian Standard 1187, Standardfor
Refrigerated Bulk Milk Tanks; and(b)be
capable of—(i)coolingmilkto4ºCwithin3.5hoursfromthestartofmilking; and(ii)keeping the milk at a temperature above the
freezing pointof the milk but at a temperature of not more
than 4ºC.(7)A bulk milk tank must be located in a
milk room unless—(a)for a tank with a top-opening lid—the
closed lid stops dust fromentering the tank; and(b)for a tank with an air vent—the air
vent is insect-proof and stopsmoisture from
entering the tank.(8)An external bulk milk tank
must—(a)be on a self-draining concreted area;
and(b)have its inlet and outlet pipe covered
by a cap; and(c)if the tank has a top-opening lid—be
covered by a roof.(9)A sufficient supply of clean water must
be provided for—(a)the cleaning of equipment and the
dairy; and(b)the rinsing of a bulk milk
tank.(10)Drains
must—(a)be constructed of concrete or other
impervious material; and(b)provide drainage
for all waste to a suitable disposal point; and
s
1713s 18Dairy Industry
Standard 1993(c)extend at least 9 m from the dairy
premises.(11)Stock must be
kept at least 9 m from the milk room.(12)Subsection (11) does not apply to the side
of the milk room attachedto the milking shed.(13)The dairy and
all equipment must be kept clean and in good repair.PART
6—STANDARDS FOR A VEHICLE USED TOCARRY OR STORE
DAIRY PRODUCE17Standards for a vehicle used to carry
or store dairy produceApersonmustnotcarryorstoredairyproduceinamilktankeroracommercialvehicleunlessthetankerorvehiclecomplieswiththestandards specified in this Part.Maximum penalty—40 penalty units.18Standards for a milk tanker(1)The standards for a milk tanker used
for the carriage or storage ofdairy produce are
as specified in this section.(2)The
tanker must be kept in a clean and sanitary condition and in
goodrepair.(3)Themilkcontactingsurfacesofthetankermustbestainlesssteelcapable of being cleaned, sanitised and
inspected.(4)The tank of the tanker must—(a)be insulated with—(i)corkboard of a minimum thickness of 50 mm;
or(ii)amaterialhavingthethermalequivalentofthematerialspecified in
subparagraph (i); and(b)contain an
inspection opening fitted with a cover.(5)An
externally mounted milk line on a tanker must be
insulated.
s
1914s 19Dairy Industry
Standard 1993(6)If a milk collection hose fitted to the
tanker is exposed to the sunwhen not in use,
the hose must be made of opaque material.(7)If a
tanker is fitted with a pump drive unit having a liquid fuel
motor,the motor must be housed in a compartment
separated from the milk pump.19Standards for a commercial vehicle used to
carry dairy produce(1)The standards for a commercial vehicle
used to carry dairy producefor sale are as
specified in this section.(2)The part of the
vehicle in which the dairy produce is carried musthave
a fully enclosed waterproof compartment—(a)constructed of durable material; and(b)fitted with close fitting doors
providing an effective dust seal; and(c)capable of being properly cleaned and
drained; and(d)insulated from external heat on all
sides (including the roof, flooranddoors)byexpandedstyrenefoaminsulationorotherinsulation
material; and(e)equipped with a refrigeration unit to
keep the dairy produce at atemperature of
not more than 5ºC unless the vehicle is used tocarryonlyultraheattreated,sterilisedorpowdereddairyproduce; and(f)kept
in good repair and clean condition.(3)The
words“Food Transport Vehicle”or other words
showing thevehicleisusedtocarrydairyproducemustbewritten,legiblyandindelibly,oneachexternalsideofthecompartment,inlettersatleast
100 mm high.(4)Thedoorofthecompartmentcontainingdairyproducemustbeclosed at all times other than for the
loading or unloading of dairy produce.(5)The
loading or unloading of the vehicle must be performed in theshortestreasonabletimeconsistentwiththetypeandquantityofdairyproduce being
loaded or unloaded.(6)A commercial vehicle must not be used
for a purpose, or for carryinganything in the
compartment, that may cause the dairy produce carried inthe
vehicle to become contaminated or harmed.
16Dairy Industry Standard 19934Table of earlier reprintsReprints are issued for both future and past
effective dates.For the most up-to-date tableof
earlier reprints, see the latest reprint.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.TABLE
OF EARLIER REPRINTSReprintNo.11A1BAmendments includedto SL No. 161 of
1994to SL No. 251 of 1999to SL No. 18 of
2001Effective20 May
19941 November 199916 March
2001Reprint date16 June
199412 November 199922 March
20015List of legislationDairy
Industry Standard 1993 SL No. 518made by the
Queensland Dairy Authority on 14 December 1993notfd gaz 17
December 1993 pp 1812–21commenced on date of
notificationrep 1 January 2003 (2000 No. 45 s 141 as amd
2002 No. 49 s 28)amending legislation—Dairy Industry
Amendment Standard (No. 1) 1994 SL No. 161notfd gaz 20 May
1994 pp 603–5commenced on date of notificationDairy
Industry Amendment Standard (No. 1) 1999 SL No. 251notfd
gaz 29 October 1999 pp 814–7ss 1–2 commenced
on date of notificationremaining provisions commenced 1
November 1999 (see s 2)Dairy Industry Amendment Standard (No.
1) 2001 SL No. 18notfd gaz 16 March 2001 pp 1184–5commenced on date of notification6List of annotationsShort
titles 1amd 1994 SL No. 161 s 3Definitionss 2def“Category C milk run”om
2001 SL No. 18 s 3(1)def“Category C type
milk run”om 2001 SL No. 18 s 3(1)def“commercial vehicle”sub 2001 SL No.
18 s 3(2)def“Food Standards Code”amd
1999 SL No. 251 s 4