Food Production (Safety) Regulation 2002


Queensland Crest
Food Production (Safety) Regulation 2002
Queensland Food Production (Safety) Act 2000 Food Production (Safety) Regulation 2002 Current as at 1 January 2014 Reprint note This is the last reprint before repeal. Repealed on 1 September 2014 by 2014 SL No. 197 s 207.
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
Queensland Food Production (Safety) Regulation 2002 Contents Chapter 1 1 2 3 Chapter 2 Part 1 4 5 6 7 Part 1A 7A 7B 7C 7D Part 2 Division 1 8 Division 2 9 9A 9B 10 Division 3 11 12 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Food safety schemes Standards for food safety schemes Compulsory standard and advisory standard. . . . . . . . . . . . . . . . 11 Complying with compulsory standard. . . . . . . . . . . . . . . . . . . . . . 12 Complying with advisory standard . . . . . . . . . . . . . . . . . . . . . . . . 13 Inconsistency between regulation and standards . . . . . . . . . . . . 13 Accreditations register Register of accreditations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Change to information in accreditations register . . . . . . . . . . . . . 14 Accreditations register to be available for public inspection . . . . . 15 Certificate about contents of accreditations register . . . . . . . . . . 15 Food safety programs and management statements Preliminary Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Preparation and maintenance of programs and management statements Preparation of programs and management statements . . . . . . . . 16 Management statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Approving management statements. . . . . . . . . . . . . . . . . . . . . . . 17 Maintenance of programs and management statements . . . . . . . 18 Other information contained in programs Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Risk assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Food Production (Safety) Regulation 2002 Contents 13 14 15 Division 4 16 Division 5 Subdivision 1 17 18 19 20 Subdivision 2 21 22 23 Part 3 24 25 26 27 27A 28 28A 29 30 Part 4 Division 1 31 31A Division 2 32 33 34 35 36 Systems for verifying compliance with program . . . . . . . . . . . . . . Corrective action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Validation of control measures . . . . . . . . . . . . . . . . . . . . . . . . . . . Record keeping Record keeping requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of programs and management statements Amendment by Safe Food Power to amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of proposed amendment . . . . . . . . . . . . . . . . . . . . . . . . . . Decision on proposed amendment. . . . . . . . . . . . . . . . . . . . . . . . Holder’s obligation to make decided amendment. . . . . . . . . . . . . Amendment by holder When holder may amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applying for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accreditation, fees and auditors Accreditation—Act, s 40(1)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . Accreditation period—Act, s 50(4) . . . . . . . . . . . . . . . . . . . . . . . . Fees for accreditation and approval as auditor. . . . . . . . . . . . . . . Fees for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemptions from fees for accreditation . . . . . . . . . . . . . . . . . . . . Fees for approval as auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Waiver of prescribed fee for approval as auditor . . . . . . . . . . . . . Payment of renewal fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deciding application for approval as auditor. . . . . . . . . . . . . . . . . Food safety requirements Preliminary Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Complying with compulsory or advisory standard . . . . . . . . . . . . General food safety requirements Skills and knowledge for persons processing primary produce . . Transporting primary produce . . . . . . . . . . . . . . . . . . . . . . . . . . . Water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Waste disposal at premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on animals at premises and in vehicles . . . . . . . . . . 19 19 19 20 22 22 23 23 24 24 25 25 25 26 26 26 27 27 27 28 28 29 29 30 31 31 31 Page 2
Division 3 37 38 39 40 Part 5 Division 1AA 40A 40B Division 1 42 Division 2 43 44 Division 3 45 46 47 48 49 50 50A Division 4 51 52 Division 5 53 Part 6 54 Chapter 3 Part 1 55 56 57 Food Production (Safety) Regulation 2002 Contents Health and hygiene of persons, and premises, vehicles and equipment Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Health and hygiene requirements. . . . . . . . . . . . . . . . . . . . . . . . . Design, construction and maintenance of premises and vehicles Design, construction and maintenance of equipment . . . . . . . . . Monitoring compliance with food safety schemes Monitoring General requirements for monitoring compliance. . . . . . . . . . . . . Check audits and monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . General auditing requirement Cooperating with auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Risk categories and minor, major and critical nonconformances Frequency of audits for risk category . . . . . . . . . . . . . . . . . . . . . . Minor, major and critical nonconformances . . . . . . . . . . . . . . . . . Audits for grants and renewals of accreditation Audits for grant of accreditation—low risk . . . . . . . . . . . . . . . . . . Audits for grant of accreditation—medium risk . . . . . . . . . . . . . . . Audits for grant of accreditation—high risk . . . . . . . . . . . . . . . . . . Audits for renewal of accreditation—low risk . . . . . . . . . . . . . . . . Audits for renewal of accreditation—medium risk. . . . . . . . . . . . . Audits for renewal of accreditation—high risk. . . . . . . . . . . . . . . . Safe Food may vary frequency of audits . . . . . . . . . . . . . . . . . . . Audits after minor, major and critical nonconformances Identification of minor or major nonconformance . . . . . . . . . . . . . Identification of critical nonconformance . . . . . . . . . . . . . . . . . . . Nonconformance with management statements Identification of nonconformance with management statement . . General provision Review of food safety scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . Dairy scheme Contents of dairy scheme Dairy scheme applies for dairy produce . . . . . . . . . . . . . . . . . . . . Meaning of dairy produce—Act, s 8 . . . . . . . . . . . . . . . . . . . . . . . Production of dairy produce for which dairy scheme applies . . . . 32 33 33 34 35 35 36 36 37 37 38 39 39 40 40 41 41 42 44 44 45 45 46 Page 3
Food Production (Safety) Regulation 2002 Contents Part 1A 57A 57B Part 2 Division 1 58 58A Division 2 Subdivision 1 59 59A Subdivision 2 60 61 62 63 64 65 Subdivision 3 66 Division 3 67 68 69 70 71 72 73 Part 3 Division 1 74 75 Division 2 76 Categories of accreditation and programs Categories of accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement for program or management statement . . . . . . . . . Food safety requirements Preliminary Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Complying with compulsory or advisory standard . . . . . . . . . . . . Dairy produce at dairies Preliminary Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General food safety requirement for production of milk at dairy . . All dairy produce Animals to be milked must be free of disease . . . . . . . . . . . . . . . Stock food for consumption by animals to be milked . . . . . . . . . . Milk supplied must be free of chemical contaminants . . . . . . . . . Production and storage of milk . . . . . . . . . . . . . . . . . . . . . . . . . . . Temperature control for stored milk . . . . . . . . . . . . . . . . . . . . . . . Health and hygiene requirements. . . . . . . . . . . . . . . . . . . . . . . . . Dairy produce other than unpasteurised goat milk Design, construction and maintenance of dairy and equipment . Processing dairy produce at depots or factories Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receiving dairy produce for processing . . . . . . . . . . . . . . . . . . . . General food safety requirement for processing dairy produce at depot or factory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Storing dairy produce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum standard for dairy produce for human consumption . . . Supplying dairy produce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Testing after processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Goat milk Production of unpasteurised goat milk Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Aspects of production of goat milk for which pt 3 applies. . . . . . . Application of dairy scheme Complying with dairy scheme. . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 47 48 48 49 49 49 50 50 51 51 51 52 52 53 53 53 54 54 54 55 55 56 Page 4
Food Production (Safety) Regulation 2002 Contents Division 3 77 78 79 Division 4 80 81 82 83 84 Division 5 85 Part 4 87 Chapter 3A Part 1 87A 87B 87C Part 1A 87CA 87CB Part 2 Division 1 87D 87DA Division 2 Subdivision 1 87E Subdivision 2 87G 87H 87I Food safety requirements General requirements for production of goat milk . . . . . . . . . . . . Design, construction and maintenance of dairy and equipment . Supply of goat milk for human consumption. . . . . . . . . . . . . . . . . Testing and product recall Standard for testing and frequency of testing. . . . . . . . . . . . . . . . Conducting tests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Test results sent to Safe Food . . . . . . . . . . . . . . . . . . . . . . . . . . . Safe Food conducts random checks . . . . . . . . . . . . . . . . . . . . . . Product recall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Labelling Labelling goat milk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Labelling pet food Labelling requirements for pet food . . . . . . . . . . . . . . . . . . . . . . . Egg scheme Contents of egg scheme Egg scheme applies for eggs and egg products . . . . . . . . . . . . . Production of eggs and egg products for which egg scheme applies ......................................... Production of eggs and egg products for which egg scheme does not apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Categories of accreditation, programs and management statements Categories of accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement for program or management statement . . . . . . . . . Food safety requirements Preliminary Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Complying with compulsory or advisory standard . . . . . . . . . . . . General Information requirements Information to be contained in food safety program—Act, s 41(2)(f) ....................................... Egg production activities Birds must be free of disease . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stock food for consumption by birds. . . . . . . . . . . . . . . . . . . . . . . Eggs supplied must be free of chemical contaminants . . . . . . . . 56 56 57 57 57 57 58 58 58 59 60 60 61 62 62 62 63 63 64 64 64 Page 5
Food Production (Safety) Regulation 2002 Contents 87J 87K 87L 87M Division 3 87N 87O Chapter 4 Part 1 88 89 Part 1A 89A 89B Part 2 Division 1 90 90A Division 2 91 92 93 94 95 96 Division 3 Subdivision 1 97 98 99 100 101 102 Identifying eggs and egg products . . . . . . . . . . . . . . . . . . . . . . . . Supplying eggs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplying egg products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pasteurising egg products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records Tracing birds used in production. . . . . . . . . . . . . . . . . . . . . . . . . . Tracing stock food. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meat scheme Contents of meat scheme What meat scheme applies for . . . . . . . . . . . . . . . . . . . . . . . . . . . Aspects of production of primary produce to which scheme applies Categories of accreditation, programs and management statements Categories of accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement for program or management statement . . . . . . . . . Food safety requirements Preliminary Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Complying with compulsory or advisory standard . . . . . . . . . . . . Rearing, capturing and killing animals for meat Animal to be killed must come from place free of chemical contaminants .................................... System for rearing animals at place of production . . . . . . . . . . . . System for identifying place of capture of wild animals . . . . . . . . Identifying source of animal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Animal appropriate for producing meat . . . . . . . . . . . . . . . . . . . . Adequate lighting at place where wild animal killed . . . . . . . . . . . Carcasses Handling carcasses and post mortem dispositions Before post mortem disposition . . . . . . . . . . . . . . . . . . . . . . . . . . Handling and dressing animal . . . . . . . . . . . . . . . . . . . . . . . . . . . Meat from carcass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receiving field dressed animal and carcass . . . . . . . . . . . . . . . . Performing post mortem disposition . . . . . . . . . . . . . . . . . . . . . . . Meat for animal consumption . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 65 66 66 66 67 68 68 70 71 71 72 72 73 73 73 74 74 74 75 75 75 75 76 Page 6
Food Production (Safety) Regulation 2002 Contents Subdivision 2 103 104 105 106 107 Division 4 Subdivision 1 108 Subdivision 2 109 109A 110 111 112 113 114 115 Subdivision 3 116 117 118 119 120 121 122 123 124 Division 5 125 Chilling, staining and temperature controls for animals and carcasses Chilling carcass of animal killed at abattoir . . . . . . . . . . . . . . . . . Chilling animal killed in the wild . . . . . . . . . . . . . . . . . . . . . . . . . . Receiving animal killed in the wild . . . . . . . . . . . . . . . . . . . . . . . . Staining meat for animal consumption . . . . . . . . . . . . . . . . . . . . . Maintaining temperature of carcass . . . . . . . . . . . . . . . . . . . . . . . Further processing Meat and meat products for human and animal consumption Further processing of meat and pet meat . . . . . . . . . . . . . . . . . . Meat and ready-to-eat meat for human consumption Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General food safety requirement for the production of ready-to-eat meat ...................................... Receiving contaminated meat, ready-to-eat meat and ingredients Identifying and separating meat not for human consumption. . . . Ingredients used for processing meat and ready-to-eat meat . . . Hazardous material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contamination of meat and ready-to-eat meat. . . . . . . . . . . . . . . Contamination of ready-to-eat meat by meat . . . . . . . . . . . . . . . . Pet meat, pet meat products and rendered products for animal consumption Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receiving contaminated pet meat, pet meat products and ingredients ..................................... Identifying and separating meat for animal consumption and unacceptable meat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ingredients used for processing pet meat . . . . . . . . . . . . . . . . . . Hazardous material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rendering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contamination of pet meat, pet meat products and rendered products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contamination of pet meat product by pet meat. . . . . . . . . . . . . . Contamination of rendered product . . . . . . . . . . . . . . . . . . . . . . . Packaging, identifying, storing, handling and displaying meat and meat products Packaging and prepackaging meat and meat products . . . . . . . . 76 77 77 78 78 79 79 79 80 80 81 81 81 82 82 82 83 83 84 84 84 85 85 85 Page 7
Food Production (Safety) Regulation 2002 Contents 126 127 Division 6 Subdivision 1 128 Subdivision 2 129 130 Subdivision 3 131 132 133 Division 7 Subdivision 1 133A 133B 133C Subdivision 2 133D 133E 133F 133G 133H 133I 133J 133K 133L Subdivision 3 133M 133N 133O 133P Storing, handling and displaying meat and meat products. . . . . . 85 Identifying and labelling meat and meat products for transportation ................................. 86 Records and prepackaging Meat and meat products for human and animal consumption Records to be kept about animals killed for meat. . . . . . . . . . . . . 86 Meat and ready-to-eat meat for human consumption Records to be kept about meat and ready-to-eat meat . . . . . . . . 87 Labelling meat and ready-to-eat meat . . . . . . . . . . . . . . . . . . . . . 88 Pet meat, pet meat products and rendered products for animal consumption Records to be kept about pet meat, pet meat products and rendered products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Labelling pet meat and pet meat products . . . . . . . . . . . . . . . . . . 89 Labelling rendered products. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Additional provisions for poultry meat Preliminary Purpose of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Meaning of unsuitable for poultry or poultry product . . . . . . . . . . 92 Food safety requirements—production of poultry Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 General food safety management . . . . . . . . . . . . . . . . . . . . . . . . 93 Inputs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Waste disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Health and hygiene requirements. . . . . . . . . . . . . . . . . . . . . . . . . 94 Skills and knowledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Design, construction and maintenance of premises, equipment and vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Traceability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Sale or supply of poultry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Food safety requirements—processing of poultry Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 General food safety management . . . . . . . . . . . . . . . . . . . . . . . . 96 Receiving or processing poultry product . . . . . . . . . . . . . . . . . . . 96 Inputs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Page 8
Food Production (Safety) Regulation 2002 Contents 133Q 133R 133S 133T Part 3 134 Chapter 4A Part 1 134A Part 2 134B 134C 134D Part 3 134E 134F Part 4 Division 1 134G Division 2 Subdivision 1 134H Subdivision 2 134I 134J 134K 134L 134M 134N 134O 134P 134Q Division 3 134R Waste disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Skills and knowledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Traceability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sale or supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accreditation for persons from another State When person from another State taken to hold accreditation . . . Seafood scheme Preliminary Purpose of ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contents of seafood scheme Seafood scheme applies for particular seafood . . . . . . . . . . . . . . Production of seafood for which seafood scheme applies . . . . . . Production of seafood for which seafood scheme does not apply ....................................... Categories of accreditation, programs and management statements Categories of accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement for program or management statement . . . . . . . . . Food safety requirements Preliminary Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Information requirements Information about seafood business to be given to Safe Food. . . Seafood production activities Seafood safety management . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contamination and handling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inputs and harvesting areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Storing seafood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transporting seafood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Packaging seafood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seafood for disposal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receipt of seafood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Skills and knowledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Health and hygiene of persons, and premises, vehicles and equipment Health and hygiene requirements. . . . . . . . . . . . . . . . . . . . . . . . . 97 97 97 98 98 99 99 99 100 101 101 102 102 103 104 104 104 105 105 106 106 107 107 Page 9
Food Production (Safety) Regulation 2002 Contents 134S Division 4 134T Division 5 134U 134V 134W 134X Chapter 5 Part 1 135 Part 2 136 137 138 Schedule 1 Schedule 2 Schedule 3 Schedule 3A Schedule 3B Schedule 4 Schedule 5 Schedule 5A Schedule 5B Schedule 6 Seafood premises and equipment . . . . . . . . . . . . . . . . . . . . . . . . Records Tracing seafood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bivalve molluscs Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Types of programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional food safety requirements . . . . . . . . . . . . . . . . . . . . . . . Co-mingling of bivalve molluscs . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Transitional provision for Food Production (Safety) Amendment Regulation (No. 2) 2004 Application of s 87F before 1 July 2005 . . . . . . . . . . . . . . . . . . . . Transitional provisions for Primary Industries and Fisheries Legislation Amendment Regulation (No. 1) 2009 Application of s 134H before 1 July 2009 . . . . . . . . . . . . . . . . . . . Delayed application of fees for accreditation under seafood scheme ..................................... Application of the Act, s 79 to seafood scheme before 1 January 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Standards for dairy scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . Risk categories for dairy scheme . . . . . . . . . . . . . . . . . . . . . . Standards for egg scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . Risk categories for egg scheme . . . . . . . . . . . . . . . . . . . . . . . Standards for meat scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . Risk categories for meat scheme . . . . . . . . . . . . . . . . . . . . . . Risk categories for seafood scheme . . . . . . . . . . . . . . . . . . . . Activities for seafood scheme . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 110 110 110 111 111 112 113 113 113 115 116 120 121 123 124 130 131 132 134 Endnotes 1 2 3 4 5 6 Page 10 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 147 147 148 149 151
Food Production (Safety) Regulation 2002 Chapter 1 Preliminary [s 1] Food Production (Safety) Regulation 2002 [as amended by all amendments that commenced on or before 1 January 2014] Chapter 1 Preliminary 1 Short title This regulation may be cited as the Food Production (Safety) Regulation 2002 . 2 Commencement This regulation commences on 1 January 2003. 3 Dictionary The dictionary in schedule 6 defines particular words used in this regulation. Chapter 2 Food safety schemes Part 1 Standards for food safety schemes 4 Compulsory standard and advisory standard (1) A compulsory standard mentioned in— Current as at 1 January 2014 Page 11
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 1 Standards for food safety schemes [s 5] (a) for the dairy scheme—schedule 2, part 1, column 2 is the standard for a requirement mentioned in column 1 of the schedule opposite the requirement; or (b) for the egg scheme—schedule 3A, part 1, column 2 is the standard for a requirement mentioned in column 1 of the schedule opposite the requirement; or (c) for the meat scheme—schedule 4, part 1, column 2 is the standard for a requirement mentioned in column 1 of the schedule opposite the requirement. (2) An advisory standard mentioned in— (a) for the dairy scheme—schedule 2, part 2, column 2 is the standard for a requirement mentioned in column 1 of the schedule opposite the requirement; or (b) for the egg scheme—schedule 3A, part 2, column 2 is the standard for a requirement mentioned in column 1 of the schedule opposite the requirement; or (c) for the meat scheme—schedule 4, part 2, column 2 is the standard for a requirement mentioned in column 1 of the schedule opposite the requirement. 5 Complying with compulsory standard If a compulsory standard states— (a) a requirement for a provision of a food safety scheme, a program or management statement complies with the scheme for the requirement only by complying with the requirement in the standard; or (b) a way of preventing or managing exposure to a risk for a requirement in a food safety scheme, a program or management statement complies with the scheme for the requirement only by adopting and following a stated way in the standard. Page 12 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 1A Accreditations register [s 6] 6 Complying with advisory standard If an advisory standard states a way of preventing or managing exposure to a risk for a requirement in a food safety scheme, a program or management statement complies with the scheme for the requirement only by adopting and following— (a) a stated way in the standard for the requirement; or (b) another way for the requirement that gives the same or a higher level of protection against the risk. 7 Inconsistency between regulation and standards To the extent a compulsory standard or advisory standard is inconsistent with this regulation, the regulation prevails. Part 1A Accreditations register 7A Register of accreditations (1) Safe Food must keep a register of accreditation holders (the accreditations register ). (2) The accreditations register must contain, for each accreditation holder— (a) the holder’s accreditation number; and (b) if the holder is an egg producer—the holder’s egg production identification; and (c) the contact details for the holder’s business, including its business name, address and telephone number; and (d) the name and business address of the proprietor of the holder’s business; and (e) details about the nature of the holder’s business; and Current as at 1 January 2014 Page 13
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 1A Accreditations register [s 7B] (f) the location of all premises approved for use under the holder’s accreditation for the production of primary produce. (3) The accreditations register may contain other information about an accreditation holder that Safe Food considers necessary or desirable for the effective administration of the Act. (4) The accreditations register may also contain information about a former accreditation holder, including whether the former accreditation holder’s accreditation was cancelled or not renewed. (5) However, the information for a former accreditation holder must be removed from the accreditations register within 1 year after the day the former accreditation holder’s accreditation was cancelled or not renewed. (6) In this section— former accreditation holder means a person who was an accreditation holder under a food safety scheme but is no longer accredited under the scheme because the person’s accreditation was cancelled or not renewed. 7B Change to information in accreditations register (1) This section applies to an accreditation holder if a change happens in the holder’s business that is likely to result in information in the accreditations register being incomplete or inaccurate. (2) The accreditation holder must, within 14 days after the change in the holder’s business happens, give Safe Food written notice of the change unless the holder has a reasonable excuse. Maximum penalty—20 penalty units. Page 14 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 2 Food safety programs and management statements [s 7C] 7C Accreditations register to be available for public inspection (1) Safe Food must keep the accreditations register, or a copy of the accreditations register, available for inspection, free of charge, by members of the public at Safe Food’s head office. Editor’s note Safe Food’s head office is at 12 Helen Street, Newstead, Brisbane. (2) Safe Food may publish a copy of the accreditations register on Safe Food’s website. Editor’s note Safe Food’s website is <www.safefood.qld.gov.au>. 7D Certificate about contents of accreditations register A certificate purporting to be signed by Safe Food’s chief executive officer about the contents of the accreditations register is evidence of the matters stated in the certificate. Part 2 Food safety programs and management statements Division 1 Preliminary 8 Definitions for pt 2 In this part— control measure , means any action or activity that can be used— (a) to prevent or eliminate a food safety hazard; or (b) to reduce a food safety hazard to an acceptable level of risk. Current as at 1 January 2014 Page 15
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 2 Food safety programs and management statements [s 9] critical control point , for processing of primary produce, means a step during the processing that is stated in an accreditation holder’s program and at which it is essential to apply a control measure. operational performance includes checking each critical control point is appropriate for a control measure. Division 2 Preparation and maintenance of programs and management statements 9 Preparation of programs and management statements (1) This section applies to an applicant for a grant or renewal of an accreditation under a food safety scheme. (2) The applicant must prepare a food safety program (a program ) or a management statement, as required under the scheme, for each aspect of the activities carried out, or proposed to be carried out, by the applicant in connection with the production of primary produce for which— (a) the scheme applies; and (b) the applicant is applying for accreditation. Note In relation to whether a program or management statement is required under a food safety scheme— for the dairy scheme—see section 57B for the egg scheme—see section 87CB for the meat scheme—see section 89B for the seafood scheme—see section 134F. (3) Without limiting subsection (2), a program must state, in addition to the requirements in section 41(2) of the Act, how the applicant will comply with each food safety requirement applying to the applicant’s activities for the scheme. Page 16 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 2 Food safety programs and management statements [s 9A] Note For an applicant engaging in the production of bivalve molluscs under the seafood scheme, see section 134V. 9A Management statements (1) This section applies to a person who must prepare and maintain a management statement under a food safety scheme. (2) The management statement must— (a) identify significant food safety hazards associated with the production of primary produce carried out by the person; and (b) state how the hazards are to be monitored and controlled; and (c) state how the person will comply with each food safety requirement applying to the person’s activities under the scheme. (3) The person must keep a copy of the management statement at each place to which the statement relates. Maximum penalty—20 penalty units. 9B Approving management statements (1) This section applies to an applicant for a grant or renewal of an accreditation if the applicant must prepare and maintain a management statement for the accreditation under a food safety scheme. (2) Safe Food may grant or renew the accreditation only if satisfied the applicant’s management statement complies with section 9A(2). (3) If Safe Food grants the accreditation, the applicant’s management statement becomes the approved management statement for the accreditation. Current as at 1 January 2014 Page 17
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 2 Food safety programs and management statements [s 10] 10 Maintenance of programs and management statements (1) An accreditation holder is the person who must maintain the holder’s approved program or approved management statement under a food safety scheme. (2) The holder must comply with the program or management statement. Maximum penalty for subsection (2)—50 penalty units. Division 3 Other information contained in programs 11 Application of div 3 This division prescribes, under section 41(2)(f) of the Act, other information to be contained in an applicant’s or accreditation holder’s program. 12 Risk assessment (1) This section applies for significant food safety hazards associated with the production of primary produce identified in the program. (2) The program must, for each hazard— (a) give details of an assessment of the risks associated with the hazard (a risk assessment ); and (b) identify each critical control point. (3) For subsection (2)(a), the program must, for the risk assessment, state— (a) each method considered to control the risks associated with the hazard to achieve an acceptable level of risk; and (b) the control measures. Page 18 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 2 Food safety programs and management statements [s 13] 13 Systems for verifying compliance with program (1) The program must contain systems to— (a) monitor and evaluate the holder’s operational performance; and (b) verify the performance complies with the program. (2) For subsection (1), the systems include the methods, procedures, tests, monitoring and other evaluations the holder will use for checking the holder’s performance against the program. (3) Each system must— (a) be adequately documented in the program; and (b) function as documented; and (c) be appropriate for its objectives; and (d) provide for controls to minimise the risks associated with the holder’s operations. 14 Corrective action The program must state— (a) details of corrective action taken by the holder if the holder’s performance does not comply with the program; and (b) the steps taken by the holder to assess whether the corrective action has been effective. 15 Validation of control measures (1) This section applies for— (a) the treatment of primary produce to destroy, reduce or control food safety hazards; and (b) other processing of primary produce if time and temperature controls are part of the processing. Current as at 1 January 2014 Page 19
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 2 Food safety programs and management statements [s 16] Example for paragraph (b) of other processing 1 heat treatment 2 canning (2) The program must provide validation of a control measure at— (a) each critical control point; and (b) any other appropriate interval or stage of a treatment or other process. Example For heating or a cooking process, the program must show the control measures implemented can ensure pathogens in primary produce are at a level that do not make the product unacceptable. (3) However, the program is not required to provide validation of a control measure if— (a) the control measure is contained in a compulsory standard; or (b) the holder’s program is adopting or following a stated way in an advisory standard for the control measure. Division 4 Record keeping 16 Record keeping requirements (1) An accreditation holder under a food safety scheme must, unless the holder has a reasonable excuse, keep records for the holder’s business that comply with subsections (2) to (6) and— (a) for the dairy scheme—sections 60 to 62 and 68; or (b) for the egg scheme—sections 87N and 87O; or (c) for the meat scheme—sections 94, 128, 129 and 131; or (d) for the seafood scheme—section 134T. Maximum penalty—20 penalty units. Page 20 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 2 Food safety programs and management statements [s 16] (2) The records must demonstrate the holder has complied with the scheme and the holder’s program or management statement. (3) The records include— (a) a record made by the holder for the business; and (b) a record in the holder’s possession. Example for paragraph (b) a document recording the results of a pest inspection (4) The records must be kept in a way that— (a) correctly records and explains the holder’s activities and transactions; and (b) enables its records to be properly and conveniently audited under part 5. (5) There must be enough records to allow Safe Food to— (a) monitor the holder’s compliance with the scheme and the holder’s program or management statement; and (b) trace from them the stages that apply to the holder’s program or management statement. Examples for paragraph (b) of stages in a program or management statement 1 supplying an animal to a dairy for milking 2 supplying milk to a factory for processing 3 supplying processed dairy produce to a wholesaler 4 supplying an animal for killing 5 supplying meat or ready-to-eat meat for processing (6) The records for primary produce must be kept for the greater of the following— (a) the end of the use-by date on the produce; (b) the completion of the compliance audit after the produce is processed; (c) 6 months after the record is made. Current as at 1 January 2014 Page 21
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 2 Food safety programs and management statements [s 17] Division 5 Amendment of programs and management statements Subdivision 1 Amendment by Safe Food 17 Power to amend Safe Food may, by complying with this subdivision, amend an accreditation holder’s approved program or approved management statement if it believes the amendment is reasonably necessary or desirable to ensure the program or management statement complies with the relevant food safety scheme. Editor’s note See section 51 (Amendment—grounds) of the Act. 18 Notice of proposed amendment (1) Safe Food must give the holder a written notice requiring the holder to amend the holder’s approved program or approved management statement. (2) The notice must state the following— (a) the proposed amendment; (b) the grounds for the proposed amendment; (c) the facts and circumstances forming the basis for the grounds; (d) the period within which the amendment must be made (the amendment period ); (e) that representations may be made about the notice; (f) how the representations may be made; (g) where the representations may be made or sent; Page 22 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 2 Food safety programs and management statements [s 19] (h) a period (the show cause period ) for making the representations or a period within which the representations must be made. (3) The show cause period for making representations must end at least 14 days after the notice is given. (4) The amendment period must end at least 28 days after the notice is given. 19 Decision on proposed amendment (1) If the holder makes representations within the show cause period, Safe Food must— (a) consider the representations; and (b) decide if the proposed amendment should be made; and (c) notify the holder of its decisions and the reasons for its decision. (2) If Safe Food decides the amendment must be made, the notice must state the period within which the amendment must be made. (3) The stated period must end at least 14 days after the notice is given. 20 Holder’s obligation to make decided amendment (1) The holder must comply with— (a) if the holder does not make any representations to Safe Food within the show cause period—the notice given under section 18; or (b) if the holder makes representations to Safe Food and Safe Food notifies the holder that the amendment must be made—the notice given under section 19(1)(c). Maximum penalty—20 penalty units. Current as at 1 January 2014 Page 23
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 2 Food safety programs and management statements [s 21] (2) The holder’s program or management statement, as amended, becomes the approved program or approved management statement for the accreditation. Subdivision 2 Amendment by holder 21 When holder may amend (1) An accreditation holder may amend the holder’s approved program or approved management statement without notice to Safe Food if the amendment does not amend any of the following (a significant food safety matter )— (a) a critical control point in the program; or (b) a control measure in the management statement; or (c) how often the program or management statement is reviewed by the holder. (2) An accreditation holder may amend the holder’s approved program or approved management statement to amend a significant food safety matter only if Safe Food has approved the amendment. (3) A purported amendment made in contravention of subsection (2) is of no effect. Editor’s note See also section 10(2) (Maintenance of programs and management statements). 22 Applying for approval (1) A holder may apply in writing to Safe Food for approval to amend a significant food safety matter. (2) The application must state the following— (a) the proposed amendment; (b) the reason for the amendment; Page 24 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 3 Accreditation, fees and auditors [s 23] (c) the proposed date by which the amendment is to be made. 23 Deciding application (1) If Safe Food approves the amendment— (a) Safe Food must give the holder written notice of the approval within 28 days after Safe Food receives the application; and (b) the holder’s program or management statement, as amended, becomes the approved program or approved management statement for the accreditation. (2) If Safe Food does not approve the amendment, Safe Food must, within 28 days after Safe Food receives the application, give the holder written notice stating the decision and the reasons for it. Part 3 Accreditation, fees and auditors 24 Accreditation—Act, s 40(1)(b) For section 40(1)(b) of the Act, a person who has the management and control of a business that engages in the production of primary produce under a food safety scheme is the person who must be accredited under the scheme and comply with the scheme. 25 Accreditation period—Act, s 50(4) (1) For section 50(4) of the Act, the prescribed period for accreditation is 1 year. Current as at 1 January 2014 Page 25
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 3 Accreditation, fees and auditors [s 26] (2) However, Safe Food may grant or renew an accreditation for less than 1 year. 26 Fees for accreditation and approval as auditor (1) The fees payable under the Act are stated in schedule 1. (2) An application fee paid is not refundable. 27 Fees for accreditation (1) For section 44(2)(b)(i) of the Act, the prescribed fee is— (a) for a grant of an accreditation, the total of the following— (i) the application fee under schedule 1, part 1; (ii) the relevant accreditation fee under schedule 1, part 1; or (b) for a renewal of an accreditation, the relevant accreditation fee under schedule 1, part 1. (2) However, if Safe Food imposes a condition on the accreditation that the holder pays the relevant accreditation fee under schedule 1, part 1 in instalments, Safe Food may waive the accreditation fee mentioned in subsection (1)(a)(ii) or (b). 27A Exemptions from fees for accreditation (1) Despite sections 26 and 27, no fee is payable for an application for an accreditation, or a renewal of an accreditation, by— (a) a school that must prepare and maintain a food safety program under a food safety scheme; or (b) an egg producer who supplies eggs under a preferred supplier arrangement; or Page 26 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 3 Accreditation, fees and auditors [s 28] (c) a poultry producer who supplies poultry under a preferred supplier arrangement. (2) In this section— school means a school that is a State school or a non-State school within the meaning of the Education (General Provisions) Act 2006 . 28 Fees for approval as auditor For section 60(2)(b) of the Act, the prescribed fee is— (a) for an approval as an auditor, the total of the following— (i) the application fee under schedule 1, part 2; (ii) the auditor approval fee under schedule 1, part 2; or (b) for a renewal of an approval as an auditor, the auditor approval fee under schedule 1, part 2. 28A Waiver of prescribed fee for approval as auditor Safe Food may waive the prescribed fee payable for an approval, or renewal of approval, as an auditor if the applicant is employed by Safe Food as an auditor. 29 Payment of renewal fee (1) The renewal fee for an approval as an auditor is payable yearly in advance. (2) The renewal fee for an accreditation is payable yearly in advance unless Safe Food imposes a condition on the accreditation under section 27(2). (3) If an applicant for a renewal of an accreditation does not pay the renewal fee, the applicant’s current accreditation ends at the end of the period for which Safe Food previously granted or renewed the accreditation. Current as at 1 January 2014 Page 27
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 4 Food safety requirements [s 30] 30 Deciding application for approval as auditor In deciding whether an applicant for an approval as an auditor has the necessary expertise or experience to carry out the functions of an auditor, Safe Food must consider each of the following things— (a) whether or not the applicant has qualifications in auditing food safety matters related to the production of primary produce; (b) the applicant’s expertise or experience in the activities connected with the aspects of production of primary produce under a food safety scheme; (c) if a department or recognised accreditation body has approved the applicant as an auditor in the field of food safety—the approval. Part 4 Food safety requirements Division 1 Preliminary 31 Application of pt 4 (1) This part applies for food safety requirements for a food safety scheme, other than the seafood scheme. (2) Other food safety requirements for each food safety scheme are mentioned in— (a) for the dairy scheme—chapter 3, part 2 and part 3, division 3; or (b) for the egg scheme—chapter 3A, part 2; or (c) for the meat scheme—chapter 4, part 2. Page 28 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 4 Food safety requirements [s 31A] 31A Complying with compulsory or advisory standard (1) If a compulsory standard mentioned in the following provisions states a requirement for a provision under this part, a program or management statement under a food safety scheme must comply with the compulsory standard for the requirement— (a) for the dairy scheme—schedule 2, part 1; (b) for the egg scheme—schedule 3A, part 1; (c) for the meat scheme—schedule 4, part 1. (2) If an advisory standard mentioned in the following provisions states a requirement for a provision under this part, a program or management statement under a food safety scheme must comply with the advisory standard for the requirement— (a) for the dairy scheme—schedule 2, part 2; (b) for the egg scheme—schedule 3A, part 2; (c) for the meat scheme—schedule 4, part 2. Note See section 5 (Complying with compulsory standard) or 6 (Complying with advisory standard) for how a program or management statement under a food safety scheme complies with a compulsory or advisory standard. Division 2 General food safety requirements 32 Skills and knowledge for persons processing primary produce (1) An accreditation holder who processes primary produce must ensure all persons involved in the processing have the appropriate skills and knowledge to ensure the produce is acceptable. Maximum penalty—20 penalty units. (2) The holder complies with subsection (1) only if the holder— Current as at 1 January 2014 Page 29
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 4 Food safety requirements [s 33] (a) makes and implements guidelines for training in the holder’s program or management statement; and (b) takes reasonable steps to ensure the persons involved in the processing comply with the guidelines. 33 Transporting primary produce (1) An accreditation holder who uses a vehicle to transport primary produce must comply with subsections (2) to (4) for the transportation of the produce. Maximum penalty—20 penalty units. (2) The produce must be maintained under conditions that ensures the produce is acceptable. (3) Without limiting subsection (2), the conditions under which the produce is transported must include time and temperature controls to prevent, reduce or control pathogenic growth. (4) The part of the vehicle containing the produce must be designed and constructed from materials that— (a) prevent contamination of the produce; and (b) are capable of being easily and effectively cleaned; and (c) prevent foreign substances, including pests and vermin, entering the vehicle. (5) Also, the holder must ensure the part of the vehicle containing the produce is maintained and cleaned in a sanitary way. Maximum penalty—20 penalty units. (5A) Without limiting subsection (1), if the accreditation holder is transporting dairy produce, the holder must ensure the dairy produce is transported in a way that complies with the compulsory standard for the transportation. Maximum penalty—20 penalty units. (6) If a person transporting primary produce for an accreditation holder becomes aware or reasonably believes the produce has been exposed to conditions that may have affected the Page 30 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 4 Food safety requirements [s 34] acceptability of the produce, the person must immediately notify the holder, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. 34 Water supply An accreditation holder who uses a water supply to process primary produce may use the water supply only if— (a) the water is of potable quality; or (b) the holder demonstrates in the holder’s program or management statement that the use of the water will not make the produce unacceptable. Maximum penalty—20 penalty units. 35 Waste disposal at premises (1) An accreditation holder who processes primary produce at premises must store, handle, or dispose of waste in a way that will not make the produce unacceptable. Maximum penalty—20 penalty units. (2) Without limiting subsection (1)— (a) solid and liquid waste produced by the processing of the produce must be contained and removed to a waste disposal system; and (b) the ventilation system must be adequate to remove from the premises fumes and other gaseous waste produced by the processing. 36 Restrictions on animals at premises and in vehicles (1) An accreditation holder who processes primary produce at premises or uses a vehicle for the processing may allow an animal on the premises or in the vehicle only if the animal is— Current as at 1 January 2014 Page 31
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 4 Food safety requirements [s 37] (a) an animal to be slaughtered at the premises or in the vehicle; or (b) an assistance animal; or (c) a work animal. Maximum penalty—20 penalty units. (2) However, the holder must not allow an assistance animal or work animal on the part of the premises or in the part of the vehicle where the processing is carried out. Maximum penalty—20 penalty units. (3) In this section— work animal means— (a) an animal, including, for example, a leader animal, horse or dog, used, or to be used— (i) to help in moving or handling animals to be killed for meat; or (ii) for an animal killed in the wild—to find the animal; or (b) a dog used, or to be used, for security. Division 3 Health and hygiene of persons, and premises, vehicles and equipment 37 Application of div 3 This division does not apply to an accreditation holder who produces milk from an animal at a dairy. Editor’s note See sections 65 (Health and hygiene requirements), 66 (Design, construction and maintenance of dairy and equipment) and 78 (Design, construction and maintenance of dairy and equipment). Page 32 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 4 Food safety requirements [s 38] 38 Health and hygiene requirements (1) An accreditation holder processing primary produce at premises must ensure all persons processing the produce at the premises maintain a high level of health and hygiene practices to prevent contamination of the produce. Maximum penalty—20 penalty units. (2) Measures a holder must take under subsection (1) include— (a) providing adequate health and hygiene facilities at the premises and ensuring their appropriate use by the persons processing the produce; and (b) establishing and maintaining appropriate procedures and practices for health and hygiene. 39 Design, construction and maintenance of premises and vehicles (1) This section applies to an accreditation holder who— (a) processes primary produce at premises; or (b) uses a vehicle for processing primary produce. (2) The holder must ensure the premises or vehicle is designed and constructed so that the premises or part of the vehicle containing the produce— (a) provides enough space for the activities and equipment used for the processing; and (b) provides adequate natural or artificial lighting for each of the processing activities carried on at the premises or in the vehicle; and (c) provides adequate ventilation to remove heat and steam and to control condensation and humidity; and (d) allows for a person handling the produce to maintain a high level of health and hygiene practices; and (e) is capable of being effectively cleaned and sanitised; and Current as at 1 January 2014 Page 33
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 4 Food safety requirements [s 40] (f) excludes dust, dirt, fumes, smoke (other than smoke from a smoking process) and other contaminants; and (g) prevents the entry and harbouring of pests. Maximum penalty—20 penalty units. (3) Also, the holder must ensure the premises or part of the vehicle containing the produce is maintained and cleaned in a sanitary way. Maximum penalty—20 penalty units. 40 Design, construction and maintenance of equipment (1) An accreditation holder who processes primary produce must ensure the equipment used for the processing is designed and constructed so that the equipment is— (a) suitable for the equipment’s intended use; and (b) capable of being effectively cleaned and sanitised; and (c) made of material that does not contaminate food. Maximum penalty—20 penalty units. (2) Also, the holder must ensure the equipment is maintained and cleaned in a sanitary way. Maximum penalty—20 penalty units. Page 34 Current as at 1 January 2014
Part 5 Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 5 Monitoring compliance with food safety schemes [s 40A] Monitoring compliance with food safety schemes Division 1AA Monitoring 40A General requirements for monitoring compliance (1) Safe Food may monitor compliance with food safety schemes by 1 or more methods that are considered appropriate to the nature of the business engaging in the production of primary produce and the risks associated with the business. (2) However, Safe Food must conduct the audits required under this part. Note See, however, section 50A (Safe Food may vary frequency of audits). 40B Check audits and monitoring (1) Safe Food may conduct a check audit of a program audited by an auditor to ensure the auditor is conducting audits to the satisfaction of Safe Food. (2) Safe Food may recover from the holder Safe Food’s costs for conducting the check audit. (3) Safe Food may also conduct a check audit of a program, or monitoring of a management statement, under a food safety scheme to verify the effectiveness of the scheme. Example of a check audit of a program a check audit may include a spot check (4) In this section— check audit , of a program, means an audit of the program, other than a compliance audit or nonconformance audit, conducted by Safe Food. Current as at 1 January 2014 Page 35
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 5 Monitoring compliance with food safety schemes [s 42] Division 1 General auditing requirement 42 Cooperating with auditor A person who is audited must assist in the audit and cooperate with the auditor conducting the audit under a food safety scheme. Maximum penalty—20 penalty units. Division 2 Risk categories and minor, major and critical nonconformances 43 Frequency of audits for risk category (1) The risk category for the processing of primary produce is decided by the potential public health risk associated with the processing. (2) The risk category applying to the activities carried out, or proposed to be carried out, by a person for the processing of primary produce decides the frequency of audits under the Act. (3) The activities classified as low risk are mentioned— (a) for the dairy scheme—in schedule 3, part 1; or (b) for the egg scheme—in schedule 3B, part 1; or (c) for the meat scheme—in schedule 5, part 1; or (d) for the seafood scheme—in schedule 5A, part 1. (4) The activities classified as medium risk are mentioned— (a) for the meat scheme—in schedule 5, part 2; or (b) for the seafood scheme—in schedule 5A, part 2. (5) The activities classified as high risk are mentioned— (a) for the dairy scheme—in schedule 3, part 2; or Page 36 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 5 Monitoring compliance with food safety schemes [s 44] (b) for the egg scheme—in schedule 3B, part 2; or (c) for the meat scheme—in schedule 5, part 3; or (d) for the seafood scheme—in schedule 5A, part 3. 44 Minor, major and critical nonconformances (1) A minor nonconformance means a nonconformance with the requirements of an accreditation holder’s program if the potential impact of the nonconformance is not likely to lead to the production of unacceptable primary produce. (2) A major nonconformance means a nonconformance with the requirements of an accreditation holder’s program if the potential impact of the nonconformance may lead to the production of unacceptable primary produce unless remedial action is taken by the holder to correct the nonconformance. (3) A critical nonconformance means a nonconformance with the requirements of an accreditation holder’s program if the potential impact of the nonconformance is of substantial or immediate significance and is likely to result in, or has resulted in, the production of unacceptable primary produce. Division 3 Audits for grants and renewals of accreditation 45 Audits for grant of accreditation—low risk (1) This section applies to an applicant for a grant of accreditation if the activities proposed to be carried out by the applicant under a food safety scheme are low risk. (2) Safe Food must audit the applicant’s program and may grant an accreditation only if Safe Food is satisfied the program complies with the scheme. (3) If the applicant is granted accreditation, Safe Food must conduct a compliance audit of the program— Current as at 1 January 2014 Page 37
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 5 Monitoring compliance with food safety schemes [s 46] (a) within 6 months after accreditation; and (b) within 1 year after the first compliance audit. (4) However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 6 months after the compliance audit. (5) Subsections (3) and (4) do not apply if Safe Food approves an alternative verification system in the applicant’s program. Example of verification system 1 monitoring test results 2 self verification 3 regular inspections 46 Audits for grant of accreditation—medium risk (1) This section applies to an applicant for a grant of accreditation if the activities proposed to be carried out by the applicant under a food safety scheme are medium risk. (2) Safe Food must audit the applicant’s program and may grant an accreditation only if Safe Food is satisfied the program complies with the scheme. (3) If the applicant is granted accreditation, Safe Food must conduct a compliance audit of the program— (a) within 3 months after accreditation; and (b) within 6 months after the first compliance audit; and (c) within 1 year after the previous compliance audit. (4) However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 6 months after the compliance audit. Page 38 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 5 Monitoring compliance with food safety schemes [s 47] 47 Audits for grant of accreditation—high risk (1) This section applies to an applicant for a grant of accreditation if the activities proposed to be carried out by the applicant under a food safety scheme are high risk. (2) Safe Food must audit the applicant’s program and may grant an accreditation only if Safe Food is satisfied the program complies with the scheme. (3) If the applicant is granted accreditation, Safe Food must conduct a compliance audit of the program— (a) within 3 months after accreditation; and (b) within 6 months after the first compliance audit. (4) However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 3 months after the compliance audit. 48 Audits for renewal of accreditation—low risk (1) This section applies to an applicant for a renewal of accreditation if the activities carried out by the applicant under a food safety scheme are low risk. (2) If the applicant’s accreditation is renewed, Safe Food must conduct a compliance audit of the holder’s program within 1 year after the previous compliance audit. (3) Safe Food must conduct the compliance audit during the term of the renewed accreditation. (4) However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 6 months after the compliance audit. (5) Subsections (2) to (4) do not apply if Safe Food approves an alternative verification system in the applicant’s program. Example of verification system 1 monitoring test results Current as at 1 January 2014 Page 39
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 5 Monitoring compliance with food safety schemes [s 49] 2 self verification 3 regular inspections 49 Audits for renewal of accreditation—medium risk (1) This section applies to an applicant for a renewal of accreditation if the activities carried out by the applicant under a food safety scheme are medium risk. (2) If the applicant’s accreditation is renewed, Safe Food must conduct a compliance audit of the holder’s program within 1 year after the previous compliance audit. (3) Safe Food must conduct the compliance audit during the term of the renewed accreditation. (4) However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 6 months after the compliance audit. 50 Audits for renewal of accreditation—high risk (1) This section applies to an applicant for a renewal of accreditation if the activities carried out by the applicant under a food safety scheme are high risk. (2) If the applicant’s accreditation is renewed, Safe Food must conduct 2 compliance audits of the holder’s program during the term of the renewed accreditation. (3) Safe Food must conduct the compliance audits at least 6 months apart. (4) However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 3 months after the compliance audit. Page 40 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 5 Monitoring compliance with food safety schemes [s 50A] 50A Safe Food may vary frequency of audits (1) Despite the frequency of audits Safe Food is required to conduct under this division for the grant or renewal of an accreditation for a food safety scheme, Safe Food may decide to conduct audits less frequently. (2) Safe Food may make a decision under subsection (1) if Safe Food considers it is appropriate in the circumstances that audits be conducted less frequently. Example If an applicant is applying for renewal of an accreditation under a food safety scheme and the applicant has demonstrated at previous audits that the activities audited comply with the scheme, Safe Food may decide that a compliance audit of the applicant’s program under section 48(2), 49(2) or 50(2) is not required. (3) If Safe Food decides to vary the frequency of audits under this section, Safe Food must give the accreditation holder written notice of the decision. Division 4 Audits after minor, major and critical nonconformances 51 Identification of minor or major nonconformance (1) This section applies if, in an auditor’s opinion, the auditor identifies a minor nonconformance or major nonconformance of an accreditation holder’s program at a compliance audit. (2) The auditor must, within 14 days after completion of the audit, prepare a corrective action request (a CAR ) that complies with subsection (3) and give a copy of the CAR to— (a) Safe Food; and (b) the holder. Maximum penalty—20 penalty units. (3) The CAR must include the following information— Current as at 1 January 2014 Page 41
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 5 Monitoring compliance with food safety schemes [s 52] (a) the activities of the holder’s program that constitute a minor or major nonconformance; (b) the action the holder must take to correct the nonconformance and the period within which the action must be taken; (c) whether the auditor needs to conduct a further audit (a nonconformance audit ) to check that the nonconformance has been corrected; (d) if a nonconformance audit is needed, when the audit must be conducted. Maximum penalty—20 penalty units. (4) If a nonconformance audit is needed, the auditor must conduct the audit by the day stated in the CAR. Maximum penalty—20 penalty units. (5) If, in the auditor’s opinion, a nonconformance audit identifies that the minor nonconformance or major nonconformance has not been corrected, the auditor may conduct a further nonconformance audit. (6) A nonconformance audit is in addition to a compliance audit of the holder’s program. 52 Identification of critical nonconformance (1) This section applies if, in an auditor’s opinion, the auditor identifies a critical nonconformance of an accreditation holder’s program at a compliance audit. (2) The auditor must, unless the auditor has a reasonable excuse, inform Safe Food immediately after the auditor forms the opinion. Maximum penalty—50 penalty units. (3) The auditor must prepare a CAR that complies with subsection (4) and give a copy of the CAR to— (a) Safe Food; and Page 42 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 5 Monitoring compliance with food safety schemes [s 52] (b) the holder. Maximum penalty—20 penalty units. (4) The CAR must include the following information— (a) the activities of the holder’s program that constitute a critical nonconformance; (b) the action the holder must take to correct the nonconformance and the period within which the action must be taken; (c) that the auditor needs to conduct a nonconformance audit; (d) when the nonconformance audit must be conducted. (5) The auditor must conduct the nonconformance audit by the day stated in the CAR. Maximum penalty—50 penalty units. (6) If, in the auditor’s opinion, the nonconformance audit identifies that the critical nonconformance has not been corrected, the auditor must— (a) unless the auditor has a reasonable excuse, inform Safe Food immediately after the auditor forms the opinion; and (b) conduct any further nonconformance audit at the direction of Safe Food. Maximum penalty—50 penalty units. (7) A nonconformance audit is in addition to a compliance audit of the holder’s program. Current as at 1 January 2014 Page 43
Food Production (Safety) Regulation 2002 Chapter 2 Food safety schemes Part 6 General provision [s 53] Division 5 Nonconformance with management statements 53 Identification of nonconformance with management statement (1) This section applies if Safe Food is satisfied it has identified any nonconformance with the requirements of an accreditation holder’s management statement. (2) Safe Food may give the accreditation holder a notice stating— (a) the nonconformance; and (b) that the holder must take action to remedy the nonconformance and the period within which the action must be taken. (3) The accreditation holder must comply with the notice. Maximum penalty—20 penalty units. Part 6 General provision 54 Review of food safety scheme (1) The Minister must review each food safety scheme within 5 years from the day the scheme comes into force. (2) However, the Minister must start a review of chapter 3, part 3 of the dairy scheme within 1 year from the day the part comes into force. Page 44 Current as at 1 January 2014
Chapter 3 Food Production (Safety) Regulation 2002 Chapter 3 Dairy scheme Part 1 Contents of dairy scheme [s 55] Dairy scheme Part 1 Contents of dairy scheme 55 Dairy scheme applies for dairy produce (1) The dairy produce food safety scheme (the dairy scheme ) applies for dairy produce intended for human or animal consumption. (2) However, the dairy scheme does not apply for the processing of dairy produce intended for consumption by an animal, if the animal, or any part or product of the animal, is intended for human consumption. 56 Meaning of dairy produce —Act, s 8 (1) For section 8(a) of the Act, the milk of buffalo is prescribed. (2) For section 8(b) of the Act, the following dairy products are prescribed— (a) flavoured milk; (b) cream and thickened cream; (c) butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee (clarified butter), anhydrous milk fat (butter oil); (d) casein, caseinate and cheese; (e) whey, whey cream and concentrated whey cream; (f) cultured milk and yoghurt; (g) ice-cream and ice-cream mix; (h) buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates; (i) colostrum. Current as at 1 January 2014 Page 45
Food Production (Safety) Regulation 2002 Chapter 3 Dairy scheme Part 1 Contents of dairy scheme [s 57] 57 Production of dairy produce for which dairy scheme applies (1) The dairy scheme applies for the following— (a) milking an animal at a dairy; (b) processing milk at a dairy; (c) storing milk at a dairy; (d) rearing an animal at a dairy for milking at the dairy; (e) growing stock food at a dairy for consumption by an animal to be milked at the dairy; (f) transporting dairy produce— (i) from a dairy to a factory; or (ii) from a factory to another factory for further processing; or (iii) to or from a depot; or (iv) within a factory; (g) handling or storing milk at a depot before transporting the milk to a factory for processing; (h) processing dairy produce; Examples for paragraph (h) pasteurisation of milk homogenisation of milk manufacture of cheese (i) processing, supplying or selling pet food; (j) treating with drugs and pesticides an animal to be milked at a dairy; (k) producing goat milk for human consumption. (2) However, the dairy scheme does not apply to the following— (a) growing stock food at a place other than a dairy for consumption by an animal to be milked at a dairy; Page 46 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 3 Dairy scheme Part 1A Categories of accreditation and programs [s 57A] (b) supplying stock food to a dairy for consumption by an animal to be milked at the dairy; (c) transporting stock food for consumption by an animal to be milked at a dairy; (d) rearing an animal to be supplied to a dairy for milking; (e) transporting an animal to a dairy for milking; (f) transporting dairy produce from a factory to a wholesaler or retailer; (g) retail sales of dairy produce, other than pet food; (h) manufacturing ice-cream if retail sales of the ice-cream are made from the retail premises where the ice-cream is produced. Part 1A Categories of accreditation and programs 57A Categories of accreditation A person may be accredited under the dairy scheme in either of the following categories— (a) processor; (b) producer. 57B Requirement for program or management statement (1) An applicant for a grant or renewal of an accreditation under the dairy scheme as a processor must prepare a program under the scheme. (2) An applicant for a grant or renewal of an accreditation under the dairy scheme as a producer must prepare a management statement under the scheme. Current as at 1 January 2014 Page 47
Food Production (Safety) Regulation 2002 Chapter 3 Dairy scheme Part 2 Food safety requirements [s 58] Part 2 Food safety requirements Division 1 Preliminary 58 Application of pt 2 (1) This part applies for food safety requirements for the dairy scheme. Editor’s note See part 3 for additional requirements for an accreditation holder under the part. (2) Subject to subsection (3), the food safety requirements mentioned in chapter 2, part 4 apply in addition to the food safety requirements mentioned in this part. (3) The food safety requirements in chapter 2, part 4, division 3 do not apply to an accreditation holder who produces milk from an animal at a dairy. 58A Complying with compulsory or advisory standard (1) If a compulsory standard mentioned in schedule 2, part 1 states a requirement for a provision under this part, a program or management statement under the dairy scheme must comply with the compulsory standard for the requirement. (2) If an advisory standard mentioned in schedule 2, part 2 states a requirement for a provision under this part, a program or management statement under the dairy scheme must comply with the advisory standard for the requirement. Note See section 5 (Complying with compulsory standard) or 6 (Complying with advisory standard) for how a program or management statement under a food safety scheme complies with a compulsory or advisory standard. Page 48 Current as at 1 January 2014
Division 2 Food Production (Safety) Regulation 2002 Chapter 3 Dairy scheme Part 2 Food safety requirements [s 59] Dairy produce at dairies Subdivision 1 Preliminary 59 Application of div 2 This division applies to an accreditation holder who produces milk from an animal at a dairy. 59A General food safety requirement for production of milk at dairy The accreditation holder must ensure the production of milk from an animal at the holder’s dairy complies with the compulsory standard for the production of milk. Maximum penalty—20 penalty units. Subdivision 2 All dairy produce 60 Animals to be milked must be free of disease (1) This section applies for an animal— (a) reared at a dairy for milking at the dairy; or (b) brought from another place for milking at a dairy. (2) The holder must not obtain milk from an animal the holder knows, or ought reasonably to know, is affected by a disease, if the milk from the animal may be unacceptable. Maximum penalty—20 penalty units. (3) The holder must keep records to trace each animal to be milked to ensure only an animal not affected by disease is milked. Examples of records 1 seller’s declaration if an animal is brought from another place Current as at 1 January 2014 Page 49
Food Production (Safety) Regulation 2002 Chapter 3 Dairy scheme Part 2 Food safety requirements [s 61] 2 identification of an animal treated at a dairy 3 record of a veterinary chemical product and drug treatment, treatment date, dosage and withholding period for an animal 4 record showing compliance with withholding period for an animal 61 Stock food for consumption by animals to be milked (1) The holder must not feed stock food to an animal to be milked if the holder knows, or ought reasonably to know, the food may introduce a risk of contaminating the milk. Maximum penalty—20 penalty units. (2) Without limiting subsection (1), stock food must not contain microbiological or chemical hazards at levels greater than the MRLs stated in the compulsory standard for the requirement. (3) The holder must keep records to trace stock food purchased to ensure only appropriate stock food is used. Examples of records 1 seller’s declaration if stock food is brought from another place 2 paddock identification or storage facility of treated stock food 3 record of a chemical product or drug treatment, treatment date, application rate and withholding period for stock food 4 record showing compliance with withholding period for stock food treated 62 Milk supplied must be free of chemical contaminants (1) The holder must not supply milk for the processing of dairy produce at a place other than a dairy if— (a) the holder knows, or ought reasonably to know, the milk has a residue level greater than the MRLs stated in the compulsory standard for the requirement; or (b) the milk has been obtained from an animal that has been treated for a disease or illness if the animal’s treatment does not comply with the Chemical Usage (Agricultural and Veterinary) Control Act 1988 , part 2. Page 50 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 3 Dairy scheme Part 2 Food safety requirements [s 63] Maximum penalty—20 penalty units. (2) The holder must keep records for the purpose of tracing animals to be milked to ensure only milk that is not contaminated is used. Examples of records 1 identification of a treated animal 2 record showing chemical products approved by the APVMA only have been used for an animal 3 record of a chemical product or drug treatment, treatment date, dosage and withholding period for milk from a treated animal 4 record showing compliance with withholding period for milk from a treated animal 63 Production and storage of milk The holder may obtain milk from an animal and store the milk only in a way and using equipment that prevents the contamination of the milk from foreign matter and hazards that may make the milk unacceptable. Maximum penalty—20 penalty units. 64 Temperature control for stored milk The holder must store milk at a temperature that restricts the development of microbiological hazards in the milk. Maximum penalty—20 penalty units. 65 Health and hygiene requirements (1) The holder must ensure all persons milking animals at the dairy maintain a high level of health and hygiene practices to prevent contamination of the milk. Maximum penalty—20 penalty units. (2) Measures a holder must take under subsection (1) include— Current as at 1 January 2014 Page 51
Food Production (Safety) Regulation 2002 Chapter 3 Dairy scheme Part 2 Food safety requirements [s 66] (a) providing adequate health and hygiene facilities at the dairy and ensuring their appropriate use by the persons milking the animals; and (b) establishing and maintaining appropriate procedures and practices for health and hygiene. Subdivision 3 Dairy produce other than unpasteurised goat milk 66 Design, construction and maintenance of dairy and equipment (1) This section applies to an accreditation holder, other than an accreditation holder who, under part 3, produces goat milk. (2) The holder must ensure the holder’s dairy and equipment used to obtain and store milk from an animal are designed and constructed with appropriate materials to minimise to the greatest possible extent the introduction of contaminants to the milk. Maximum penalty—20 penalty units. (3) Also, the holder must ensure the holder’s dairy and equipment are kept clean and in good repair. Maximum penalty—20 penalty units. Division 3 Processing dairy produce at depots or factories 67 Application of div 3 This division applies to an accreditation holder who processes dairy produce at a depot or factory. Page 52 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 3 Dairy scheme Part 2 Food safety requirements [s 68] 68 Receiving dairy produce for processing (1) This section applies to the holder who accepts from a person dairy produce for processing. (2) The holder accepting the produce must take all practical steps to ensure the produce— (a) is, or has been, protected from the likelihood of contamination; and (b) does not contain contaminants greater than the MRLs stated in the compulsory standard for the requirement. Maximum penalty—20 penalty units. (3) The holder must keep records of— (a) the name and address of the person who supplied the dairy produce; and (b) the details and results of the testing done to determine the acceptability of the produce; and (c) any other document showing the holder has complied with subsection (2). 69 General food safety requirement for processing dairy produce at depot or factory (1) The holder must process dairy produce at the holder’s depot or factory in a way that complies with the compulsory standard for the processing of the dairy produce. Maximum penalty—20 penalty units. (2) Without limiting subsection (1), the holder must pasteurise milk or process dairy produce using equipment that is appropriate for the pasteurisation or other processing. 70 Storing dairy produce If the holder stores dairy produce at a place other than a dairy, the holder must ensure the produce is— Current as at 1 January 2014 Page 53
Food Production (Safety) Regulation 2002 Chapter 3 Dairy scheme Part 2 Food safety requirements [s 71] (a) protected from the likelihood of contamination; and (b) kept under environmental conditions and temperature control to maintain the acceptability of the dairy produce. Maximum penalty—20 penalty units. 71 Minimum standard for dairy produce for human consumption If the holder processes dairy produce for human consumption, the holder must ensure the produce— (a) does not contain— (i) microbiological levels greater than the levels stated in the compulsory standard for the requirement; or (ii) chemical hazards at levels greater than the MRLs stated in the compulsory standard for the requirement; and (b) has the composition stated for the dairy produce in the compulsory standard for the requirement. Maximum penalty—20 penalty units. 72 Supplying dairy produce The holder must not supply the dairy produce to a person if the holder knows, or ought reasonably to know, the processing or the produce has not complied with the compulsory standard for the requirement. Maximum penalty—20 penalty units. 73 Testing after processing The holder must put into effect and use a testing program for dairy produce processed at the holder’s factory to ensure the Page 54 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 3 Dairy scheme Part 3 Goat milk [s 74] acceptability of the produce complies with the compulsory standard for the requirement. Maximum penalty—20 penalty units. Part 3 Goat milk Division 1 Production of unpasteurised goat milk 74 Application of pt 3 This part applies to an accreditation holder who, under this part, produces goat milk intended for human consumption if the goat milk— (a) is not pasteurised; and (b) is not sent to a factory for processing. 75 Aspects of production of goat milk for which pt 3 applies (1) This part applies for the following— (a) milking a goat at a dairy; (b) storing goat milk at a dairy; (c) rearing a goat at a dairy for milking at the dairy; (d) growing stock food at a dairy for consumption by a goat to be milked at the dairy; (e) treating with drugs and pesticides a goat to be milked at a dairy; (f) packaging and labelling goat milk at a dairy; (g) retail sales of goat milk if the milk is sold from the dairy where the goat was milked. Current as at 1 January 2014 Page 55
Food Production (Safety) Regulation 2002 Chapter 3 Dairy scheme Part 3 Goat milk [s 76] (2) However, this part does not apply for the following— (a) growing stock food at a place other than a dairy for consumption by a goat to be milked at a dairy; (b) supplying or transporting stock food to a dairy for consumption by a goat to be milked at the dairy; (c) rearing a goat to be supplied to a dairy for milking; (d) producing goat milk for human consumption if the milk is sent to a factory for processing; (e) retail sales of goat milk if the milk is sold other than from the dairy where the goat was milked. Division 2 Application of dairy scheme 76 Complying with dairy scheme The holder must comply with the requirements of the dairy scheme, other than section 66. Division 3 Food safety requirements 77 General requirements for production of goat milk The holder must produce goat milk according to the compulsory standard for the requirement. Maximum penalty—20 penalty units. 78 Design, construction and maintenance of dairy and equipment The holder must ensure the dairy and the equipment at the dairy comply with the compulsory standard for the requirement. Maximum penalty—20 penalty units. Page 56 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 3 Dairy scheme Part 3 Goat milk [s 79] 79 Supply of goat milk for human consumption The holder must not supply the goat milk to a person if the holder knows, or ought reasonably to know, the holder has not complied with section 77 for the goat milk. Maximum penalty—20 penalty units. Division 4 Testing and product recall 80 Standard for testing and frequency of testing The holder at a dairy must comply with the following in the holder’s program— (a) the testing program for goat milk produced at the dairy to ensure the goat milk complies with the compulsory standard for the requirement; (b) the frequency of testing for goat milk. Maximum penalty—50 penalty units. 81 Conducting tests (1) The holder must ensure a test for a substance in goat milk is conducted by a laboratory accredited by NATA to conduct the test. Maximum penalty—20 penalty units. (2) In this section— NATA means the National Association of Testing Authorities, Australia. 82 Test results sent to Safe Food The holder must send the results of a test to Safe Food within 7 days after the laboratory conducting the test notifies the holder of the test results. Current as at 1 January 2014 Page 57
Food Production (Safety) Regulation 2002 Chapter 3 Dairy scheme Part 3 Goat milk [s 83] Maximum penalty—20 penalty units. 83 Safe Food conducts random checks Safe Food may conduct random checks or take samples of goat milk produced to ensure the holder is complying with the holder’s program. 84 Product recall (1) The holder must, for goat milk produced, implement and maintain a product recall program that complies with the FSANZ industry recall program. Maximum penalty—20 penalty units. (2) In this section— FSANZ industry recall program means a guideline issued by Food Standards Australia and New Zealand, established under the Australia New Zealand Food Authority Act 1991 (Cwlth), about ways of complying with recall procedures. Division 5 Labelling 85 Labelling goat milk (1) The holder must comply with the requirements in subsections (2) to (4) for labelling goat milk. Maximum penalty—20 penalty units. (2) The goat milk must be labelled according to the compulsory standard for the requirement. (3) The label on a package containing goat milk must include the statement ‘Caution—This milk is an unpasteurised product and may contain organisms that could be injurious to health.’. (4) The statement must be— (a) in standard type of at least 3mm in height; and Page 58 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 3 Dairy scheme Part 4 Labelling pet food [s 87] (b) in a colour contrasting distinctly with the background colour of the label or packaging; and (c) conspicuous to a person looking at the label. Part 4 Labelling pet food 87 Labelling requirements for pet food (1) An accreditation holder who labels pet food must comply with the requirements in subsections (2) to (4) for the labelling of the pet food. Maximum penalty—20 penalty units. (2) The label on a package containing the pet food must include the statement ‘Animal Food Only’ in standard type of at least 6mm in height. (3) The statement must be immediately followed by another statement ‘Not fit for human consumption’ in standard type of at least 3mm in height. (4) The statements mentioned in subsections (2) and (3) must be— (a) in a colour contrasting distinctly with the background colour of the label or packaging; and (b) conspicuous to a person looking at the label. Current as at 1 January 2014 Page 59
Food Production (Safety) Regulation 2002 Chapter 3A Egg scheme Part 1 Contents of egg scheme [s 87A] Chapter 3A Egg scheme Part 1 Contents of egg scheme 87A Egg scheme applies for eggs and egg products The egg food safety scheme (the egg scheme ) applies for eggs and egg products intended for human or animal consumption. 87B Production of eggs and egg products for which egg scheme applies The egg scheme applies for the production of eggs and egg products, including, for example, the following— (a) rearing a bird at an egg production farm for egg production; (b) growing stock food at an egg production farm for consumption by a bird to be used for egg production; (c) producing eggs at an egg production farm, including under a preferred supplier arrangement; (d) storing eggs at an egg production farm, egg processing facility or wholesaler’s premises; (e) transporting eggs or egg products— (i) from an egg production farm to an egg processor or wholesaler; or (ii) from an egg processor to a wholesaler; or (iii) from a wholesaler to an egg processor; or (iv) within an egg production farm, egg processing facility or wholesaler’s premises; or (v) from an egg producer, egg processor or wholesaler to a retailer, manufacturer or commercial user; Page 60 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 3A Egg scheme Part 1 Contents of egg scheme [s 87C] (f) handling eggs or egg products at an egg production farm, egg processing facility or wholesaler’s premises; (g) washing and grading eggs, including assessing eggs for cracks; (h) off-farm sales of eggs; (i) processing eggs to produce egg products; (j) pasteurising egg products. 87C Production of eggs and egg products for which egg scheme does not apply Despite section 87B, the egg scheme does not apply for the following— (a) growing or supplying stock food at a place other than an egg production farm for consumption by a bird to be used for egg production; (b) transporting stock food at or from a place other than an egg production farm for consumption by a bird to be used for egg production; (c) rearing a bird at a place other than an egg production farm for egg production; (d) rearing a bird as a pet or for breeding for show; (e) retail sales of eggs (other than off-farm sales), for human consumption; (f) any other supply of eggs or egg products by a manufacturer or commercial user. Current as at 1 January 2014 Page 61
Food Production (Safety) Regulation 2002 Chapter 3A Egg scheme Part 1A Categories of accreditation, programs and management statements [s 87CA] Part 1A Categories of accreditation, programs and management statements 87CA Categories of accreditation A person may be accredited under the egg scheme in any of the following categories— (a) processor; (b) producer; (c) transporter. 87CB Requirement for program or management statement (1) An applicant for a grant or renewal of an accreditation under the egg scheme as a processor must prepare a program under the scheme. (2) An applicant for a grant or renewal of an accreditation under the egg scheme as a producer or transporter must prepare a management statement under the scheme. Part 2 Food safety requirements Division 1 Preliminary 87D Application of pt 2 (1) This part applies for food safety requirements for the egg scheme. (2) The food safety requirements mentioned in chapter 2, part 4 apply in addition to the food safety requirements mentioned in Page 62 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 3A Egg scheme Part 2 Food safety requirements [s 87DA] this part. (3) Despite subsection (2), if an activity mentioned in section 87B(a) or (b) is carried out in a location that is physically separate from where another activity mentioned in section 87B is carried out, the requirement stated in section 38 is the only food safety requirement that applies to the activity. 87DA Complying with compulsory or advisory standard (1) If a compulsory standard mentioned in schedule 3A, part 1 states a requirement for a provision under this part, a program or management statement under the egg scheme must comply with the compulsory standard for the requirement. (2) If an advisory standard mentioned in schedule 3A, part 2 states a requirement for a provision under this part, a program or management statement under the egg scheme must comply with the advisory standard for the requirement. Note See section 5 (Complying with compulsory standard) or 6 (Complying with advisory standard) for how a program or management statement under a food safety scheme complies with a compulsory or advisory standard. Division 2 General Subdivision 1 Information requirements 87E Information to be contained in food safety program—Act, s 41(2)(f) (1) This section applies if the activities carried out, or proposed to be carried out, by an accreditation holder or applicant for an accreditation include the production of eggs or egg products for supply. Current as at 1 January 2014 Page 63
Food Production (Safety) Regulation 2002 Chapter 3A Egg scheme Part 2 Food safety requirements [s 87G] (2) The person’s food safety program prepared under the egg scheme must state the person’s egg production identification. Subdivision 2 Egg production activities 87G Birds must be free of disease An accreditation holder must not obtain eggs for human or animal consumption from a bird the person knows, or ought reasonably to know, is affected by a disease, if the eggs may be unsafe. Maximum penalty—50 penalty units. Example of disease Salmonella enteritidis 87H Stock food for consumption by birds (1) An accreditation holder must not feed stock food to a bird used for egg production if the holder knows, or ought reasonably to know, the food may introduce a risk of contaminating the eggs. Maximum penalty—50 penalty units. (2) Without limiting subsection (1), stock food must not contain microbiological or chemical hazards at levels greater than the MRLs stated in the compulsory standard for the requirement. 87I Eggs supplied must be free of chemical contaminants An accreditation holder must not supply eggs for human or animal consumption if the holder suspects, or ought reasonably to suspect— (a) the eggs have a residue level greater than the MRLs stated in the compulsory standard for the requirement; or Page 64 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 3A Egg scheme Part 2 Food safety requirements [s 87J] (b) the eggs have been obtained from a bird that has been treated for a disease or illness, if the bird’s treatment does not comply with the Chemical Usage (Agricultural and Veterinary) Control Act 1988 , part 2. Maximum penalty—50 penalty units. 87J Identifying eggs and egg products (1) An accreditation holder who produces eggs must not supply the eggs unless the holder has marked each egg, and each carton or package containing the eggs, with the holder’s egg production identification in the way stated in the holder’s approved program. Maximum penalty—50 penalty units. (2) An accreditation holder who produces egg products must not supply the products unless the holder has marked each package containing the product with the holder’s egg production identification in the way stated in the holder’s approved program. Maximum penalty—50 penalty units. 87K Supplying eggs (1) A person must not supply an egg for sale if the person knows, or ought reasonably to know, its shell— (a) is cracked; or (b) has visible faeces, soil or other matter on it. Maximum penalty for subsection (1)—50 penalty units. (2) Subsection (1) does not apply if the person supplies the egg to an accreditation holder for processing the egg and pasteurising the egg product. (3) Also, if the person is an accreditation holder, it is a defence for the person to prove the person complied with the person’s approved program in producing the egg. Current as at 1 January 2014 Page 65
Food Production (Safety) Regulation 2002 Chapter 3A Egg scheme Part 2 Food safety requirements [s 87L] (4) An accreditation holder who supplies eggs under a preferred supplier arrangement must not supply eggs other than under the arrangement. Maximum penalty—50 penalty units. 87L Supplying egg products (1) A person must not supply an egg product the person knows, or ought reasonably to know, has not been pasteurised. Maximum penalty—50 penalty units. (2) Subsection (1) does not apply if the person supplies the egg product to an accreditation holder for pasteurising the egg product. 87M Pasteurising egg products (1) A person who produces egg products must pasteurise the egg products according to the compulsory standard for the requirement. Maximum penalty—50 penalty units. (2) Subsection (1) does not apply if the person supplies the egg products to an accreditation holder for pasteurising the egg products. Division 3 Records 87N Tracing birds used in production (1) An accreditation holder who produces eggs must keep records to trace each bird used in the production to ensure only birds not affected by disease are used. Examples of records 1 seller’s declaration if the bird is brought from another place 2 identification of a treated bird Page 66 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 3A Egg scheme Part 2 Food safety requirements [s 87O] 3 record of a veterinary chemical product and drug treatment, treatment date, dosage and withholding period for a bird 4 record showing compliance with withholding period for a bird (2) Also, the holder must keep records to trace each bird used in the production to ensure only eggs that are not contaminated are used. Examples of records 1 identification of a treated bird 2 record showing only chemical products approved by the Australian Pesticides and Veterinary Medicines Authority established under the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cwlth) have been used for the bird 3 record of a chemical product and drug treatment, treatment date, dosage and withholding period for eggs from the bird 4 record showing compliance with withholding period for eggs from the bird (3) Further, the holder must keep records for any supply or receipt of the following— (a) an egg, the shell of which is cracked or has visible faeces, soil or other matter on it; (b) an unpasteurised egg product. 87O Tracing stock food An accreditation holder who produces eggs must keep records to trace stock food purchased for birds used in the production to ensure only appropriate stock food is used. Examples of records 1 seller’s declaration if stock food is brought from another place 2 paddock identification or storage facility of treated stock food 3 record of a chemical product or drug treatment, treatment date, application rate and withholding period for stock food 4 record showing compliance with withholding period for stock food treated Current as at 1 January 2014 Page 67
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 1 Contents of meat scheme [s 88] Chapter 4 Meat scheme Part 1 Contents of meat scheme 88 What meat scheme applies for The meat food safety scheme (the meat scheme ) applies for— (a) meat (other than seafood) intended for human consumption; and (b) ready-to-eat meat intended for human consumption; and (c) pet meat, pet meat products and rendered products intended for animal consumption; and (d) poultry intended for human consumption. 89 Aspects of production of primary produce to which scheme applies (1) The meat scheme applies for the following— (a) handling of an animal at a place where the animal is killed for meat; (b) rearing, or live transporting, of poultry intended for human consumption; (c) other handling of poultry intended for human consumption; (d) processing meat or ready-to-eat meat intended for human consumption; (e) processing pet meat, a pet meat product or a rendered product; (f) handling, packaging or storing meat or a meat product; (g) transporting meat obtained from an animal, at any stage in the production of the meat from when the animal is killed to when the meat arrives at relevant premises— Page 68 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 1 Contents of meat scheme [s 89] (i) whether or not the meat is transported directly to the relevant premises; and (ii) regardless of the number of stages of production of the meat, the number of journeys before the meat arrives at the relevant premises, the number of premises to which the meat is transported for production and the time taken to transport the meat to the relevant premises; (h) retail sales of meat or a meat product from the following— (i) meat retail premises; (ii) a meat retail vehicle; (i) retail sales of prepackaged meat or a prepackaged meat product if the package is sold opened. (2) However, the meat scheme does not apply to the following— (a) rearing an animal, other than poultry, to be killed for meat; (b) growing, mixing, storing or transporting stock food for consumption by an animal to be killed for meat; (c) handling or transporting an animal, other than poultry, at any stage before the animal arrives at an abattoir where the animal is killed; (d) transporting meat from premises that are the first point of retail sale of the meat to other premises where the meat is sold; Example transporting meat from a butcher shop to a restaurant Note The meat scheme applies for transporting meat to a restaurant or similar business if the restaurant or business is the first point of retail sale of the meat. (e) handling or transporting ready-to-eat meat or a rendered product after the ready-to-eat meat or product leave the Current as at 1 January 2014 Page 69
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 1A Categories of accreditation, programs and management statements [s 89A] premises where the ready-to-eat meat or product is processed; (f) retail sales of prepackaged meat or a prepackaged meat product if the package is sold unopened. (3) In this section— relevant premises , for meat, means— (a) if the meat is to be processed to produce ready-to-eat meat, a pet meat product or a rendered product—premises where the meat is processed; or (b) otherwise—premises that are the first point of retail sale of the meat. Example of premises that are the first point of retail sale butcher shop Part 1A Categories of accreditation, programs and management statements 89A Categories of accreditation A person may be accredited under the meat scheme in any of the following categories— (a) cold store operator; (b) exporter; (c) game box operator; (d) processor; (e) producer; (f) retailer; (g) transporter; Page 70 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 89B] (h) wild game harvester. 89B Requirement for program or management statement (1) An applicant for a grant or renewal of an accreditation under the meat scheme as any of the following must prepare a program under the scheme— (a) an exporter or processor; (b) a retailer who undertakes a high risk activity under the scheme. (2) An applicant for a grant or renewal of an accreditation under the meat scheme as any of the following must prepare a management statement under the scheme— (a) a cold store operator, game box operator, transporter or wild game harvester; (b) a retailer who does not undertake a high risk activity under the scheme; (c) a producer. Part 2 Food safety requirements Division 1 Preliminary 90 Application of pt 2 (1) This part applies for food safety requirements for the meat scheme. (2) The food safety requirements mentioned in chapter 2, part 4 apply in addition to the food safety requirements mentioned in this part. Current as at 1 January 2014 Page 71
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 90A] 90A Complying with compulsory or advisory standard (1) If a compulsory standard mentioned in schedule 4, part 1 states a requirement for a provision under this part, a program or management statement under the meat scheme must comply with the compulsory standard for the requirement. (2) If an advisory standard mentioned in schedule 4, part 2 states a requirement for a provision under this part, a program or management statement under the meat scheme must comply with the advisory standard for the requirement. Note See section 5 (Complying with compulsory standard) or 6 (Complying with advisory standard) for how a program or management statement under a food safety scheme complies with a compulsory or advisory standard. Division 2 Rearing, capturing and killing animals for meat 91 Animal to be killed must come from place free of chemical contaminants (1) This section applies to an accreditation holder who kills for meat— (a) an animal reared to be killed for meat; or (b) a wild animal. (2) The holder must not kill the animal if the holder knows, or ought reasonably to know, the animal has been reared at, or comes from, a place where chemical contaminants at the place could make the meat, or meat products processed from the meat, unacceptable. Maximum penalty for subsection (2)—20 penalty units. Page 72 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 92] 92 System for rearing animals at place of production (1) This section applies to an accreditation holder who kills an animal that comes from a place of production. (2) The holder must, before killing the animal, ensure another person in charge of the place of production implements and maintains a system for rearing the animal to produce meat from the animal that is acceptable. Maximum penalty for subsection (2)—20 penalty units. 93 System for identifying place of capture of wild animals An accreditation holder who kills wild animals for meat must implement and maintain a system that can identify the place where an animal is captured before it is killed. Maximum penalty—20 penalty units. 94 Identifying source of animal (1) An accreditation holder who kills an animal for meat must keep records complying with this section. Maximum penalty—20 penalty units. (2) The records must identify— (a) for an animal reared to be killed for meat—the place of production; or (b) for a wild animal— (i) the place where the animal is caught; and (ii) if the animal is killed in the wild—the place where the animal is killed. Current as at 1 January 2014 Page 73
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 95] 95 Animal appropriate for producing meat An accreditation holder who kills an animal for meat must, before killing the animal, ensure that the animal is appropriate for producing meat that is acceptable. Maximum penalty—20 penalty units. 96 Adequate lighting at place where wild animal killed An accreditation holder who kills wild animals for meat must ensure there is adequate natural or artificial lighting— (a) at the place where the animal is killed; and (b) where the animal is field dressed. Maximum penalty—20 penalty units. Division 3 Carcasses Subdivision 1 Handling carcasses and post mortem dispositions 97 Before post mortem disposition (1) An accreditation holder who kills an animal for meat must kill the animal in a way that ensures an accurate post mortem disposition can be applied to the animal’s carcass. Maximum penalty—20 penalty units. (2) An accreditation holder who dresses an animal must dress the animal in a way that ensures an accurate post mortem disposition can be applied to the animal’s carcass. Maximum penalty—20 penalty units. Page 74 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 98] 98 Handling and dressing animal An accreditation holder who handles or dresses an animal must handle or dress the animal in a way that— (a) reduces the risk of contamination of the animal’s carcass; and (b) ensures the carcass is appropriate for producing meat that is acceptable. Maximum penalty—20 penalty units. 99 Meat from carcass An accreditation holder who handles a carcass must ensure the carcass is not affected by any disease or abnormality that could affect the acceptability of the meat from the carcass. Maximum penalty—20 penalty units. 100 Receiving field dressed animal and carcass A person, other than an authorised officer, may receive a carcass or animal that has been field dressed only from an accreditation holder. Maximum penalty—20 penalty units. 101 Performing post mortem disposition (1) An accreditation holder who kills an animal at premises must ensure a post mortem disposition is applied to the animal’s carcass before the carcass is removed from the area where it is dressed. Maximum penalty—20 penalty units. (2) An accreditation holder who kills a wild animal for meat must ensure a post mortem disposition is applied to the animal’s carcass before the carcass is removed from the area of the vehicle where it is field dressed. Current as at 1 January 2014 Page 75
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 102] Maximum penalty—20 penalty units. 102 Meat for animal consumption (1) This section applies to an accreditation holder who, when applying a post mortem disposition to a carcass, categorises meat from the carcass as meat for animal consumption. (2) The holder must ensure the following meat only is included in the meat for animal consumption— (a) pet meat; (b) pet meat that has been treated to destroy Clostridium botulinum spores; (c) biological matter that can be rendered to produce a rendered product. Maximum penalty—20 penalty units. (3) The holder must ensure pet meat that has not been treated to destroy Clostridium botulinum spores and biological matter that has not been rendered are kept separate from other pet meat. Maximum penalty—20 penalty units. Subdivision 2 Chilling, staining and temperature controls for animals and carcasses 103 Chilling carcass of animal killed at abattoir (1) This section applies to an accreditation holder who dresses an animal if the animal is killed at an abattoir. (2) After dressing the animal, the holder must— (a) chill the animal’s carcass to a temperature and within a period that ensures the acceptability of meat from the carcass is not affected; and (b) maintain the carcass at the temperature. Page 76 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 104] Maximum penalty—20 penalty units. 104 Chilling animal killed in the wild (1) An accreditation holder who field dresses an animal killed in the wild must— (a) chill the animal to a temperature and within a period that ensures the acceptability of meat from the animal is not affected; and (b) maintain the animal at the temperature. Maximum penalty—20 penalty units. (2) If an accreditation holder who field dresses an animal killed in the wild gives the animal to another accreditation holder to chill the animal, the other accreditation holder must— (a) chill the animal to a temperature and within a period that ensures the acceptability of meat from the animal is not affected; and (b) maintain the animal at the temperature. Maximum penalty—20 penalty units. 105 Receiving animal killed in the wild (1) This section applies to an accreditation holder who receives an animal that has been field dressed if the animal is killed in the wild. (2) After receiving the animal, the holder must— (a) chill the animal to a temperature and within a period that ensures the acceptability of meat from the animal is not affected; and (b) maintain the animal at the temperature. Maximum penalty—20 penalty units. Current as at 1 January 2014 Page 77
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 106] 106 Staining meat for animal consumption (1) This section applies to an accreditation holder who processes an animal’s carcass. (2) As soon as possible after receiving the animal, the holder must stain the meat from the animal’s carcass that is for animal consumption. Maximum penalty—20 penalty units. (3) The meat must be stained in a way that the meat is— (a) clearly identified as for animal consumption; and (b) not likely to be accidentally used or substituted for meat or ready-to-eat meat for human consumption. Maximum penalty—20 penalty units. (4) Subsection (2) does not apply if Safe Food approves an alternative identification system in the holder’s program or management statement. 107 Maintaining temperature of carcass After an accreditation holder has chilled a carcass, the holder must keep the carcass at a temperature that ensures meat from the carcass is acceptable. Maximum penalty—20 penalty units. Page 78 Current as at 1 January 2014
Division 4 Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 108] Further processing Subdivision 1 Meat and meat products for human and animal consumption 108 Further processing of meat and pet meat An accreditation holder processing meat or pet meat to produce ready-to-eat meat or a pet meat product must ensure the processing— (a) destroys pathogens; or (b) reduces pathogenic growth to a level that does not affect the acceptability of the meat or product. Maximum penalty—20 penalty units. Subdivision 2 Meat and ready-to-eat meat for human consumption 109 Application of sdiv 2 This subdivision applies for meat and ready-to-eat meat for human consumption. 109A General food safety requirement for the production of ready-to-eat meat An accreditation holder who is engaged in the production of ready-to-eat meat must ensure the production complies with the compulsory standard for the production of ready-to-eat meat. Current as at 1 January 2014 Page 79
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 110] 110 Receiving contaminated meat, ready-to-eat meat and ingredients (1) An accreditation holder who receives meat, ready-to-eat meat or an ingredient used for making ready-to-eat meat must assess if— (a) the meat, ready-to-eat meat or ingredient is contaminated; and (b) time or temperature controls have been complied with when the meat, ready-to-eat meat or ingredient was transported to the holder’s premises for processing. Maximum penalty—20 penalty units. (2) If the holder assesses the meat, ready-to-eat meat or ingredient could be contaminated, the holder must ensure the meat, ready-to-eat meat or ingredient is— (a) clearly identified as not for human consumption; and (b) kept separate from, and does not affect the acceptability of, other meat or ready-to-eat meat. Maximum penalty—20 penalty units. 111 Identifying and separating meat not for human consumption An accreditation holder processing meat or ready-to-eat meat must ensure meat not for human consumption is— (a) clearly identified as not for human consumption; and (b) kept separate from, and does not affect the acceptability of, other meat or ready-to-eat meat. Maximum penalty—20 penalty units. Page 80 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 112] 112 Ingredients used for processing meat and ready-to-eat meat An accreditation holder who uses an ingredient in the processing of meat or ready-to-eat meat must ensure the ingredient used or to be used— (a) is appropriate for the purpose for which it is used or to be used; and (b) does not make the meat or ready-to-eat meat unacceptable; and (c) is labelled, stored and handled in a way that— (i) prevents its misuse; and (ii) easily identifies it. Maximum penalty—20 penalty units. 113 Hazardous material An accreditation holder who processes meat or ready-to-eat meat must ensure hazardous material used, or to be used— (a) is appropriate for the purpose for which it is used or to be used; and (b) does not make the meat or ready-to-eat meat unacceptable; and (c) is labelled, stored or handled in a way that— (i) prevents its misuse; and (ii) easily identifies it. Maximum penalty—20 penalty units. 114 Contamination of meat and ready-to-eat meat An accreditation holder processing meat or ready-to-eat meat at a place must ensure the meat or ready-to-eat meat are not contaminated by an external environmental condition or a processing activity at the place. Current as at 1 January 2014 Page 81
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 115] Maximum penalty—20 penalty units. 115 Contamination of ready-to-eat meat by meat An accreditation holder processing ready-to-eat meat from meat must ensure the meat or ready-to-eat meat are not contaminated by other meat. Maximum penalty—20 penalty units. Subdivision 3 Pet meat, pet meat products and rendered products for animal consumption 116 Application of sdiv 3 This subdivision applies for pet meat, a pet meat product and rendered product for animal consumption. 117 Receiving contaminated pet meat, pet meat products and ingredients (1) An accreditation holder who receives pet meat, a pet meat product or an ingredient used for processing a pet meat product must assess if— (a) the meat, product or ingredient is contaminated; and (b) time or temperature controls have been complied with when the meat, product or ingredient was transported to the holder’s premises. Maximum penalty—20 penalty units. (2) If the holder assesses the pet meat, pet meat product or ingredient could be contaminated, the holder must ensure the meat, product or ingredient is— (a) clearly identified as not for animal consumption; and Page 82 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 118] (b) kept separate from, and does not affect the acceptability of, other meat or products. Maximum penalty—20 penalty units. 118 Identifying and separating meat for animal consumption and unacceptable meat An accreditation holder processing pet meat, a pet meat product or a rendered product at premises must ensure— (a) the meat or product is— (i) clearly identified as for animal consumption; and (ii) kept separate from, and does not affect the acceptability of, meat or ready-to-eat meat for human consumption; and (b) unacceptable meat is— (i) clearly identified as not for animal consumption; and (ii) kept separate from, and does not affect the acceptability of, other meat or products. Maximum penalty—20 penalty units. 119 Ingredients used for processing pet meat An accreditation holder who uses an ingredient in the processing of pet meat, a pet meat product or a rendered product must ensure the ingredient used or to be used— (a) is appropriate for the purpose for which it is used or to be used; and (b) does not make the meat or product unacceptable; and (c) is labelled, stored and handled in a way that— (i) prevents its misuse; and (ii) easily identifies it. Current as at 1 January 2014 Page 83
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 120] Maximum penalty—20 penalty units. 120 Hazardous material An accreditation holder who processes pet meat, a pet meat product or rendered product at premises must ensure hazardous material used or to be used at the premises— (a) is appropriate for the purpose for which it is used or to be used; and (b) does not make the meat or product unacceptable; and (c) is labelled, stored or handled in a way that— (i) prevents its misuse; and (ii) easily identifies it. Maximum penalty—20 penalty units. 121 Rendering An accreditation holder who renders biological material from an animal must ensure the rendering— (a) destroys pathogens; or (b) reduces pathogenic growth to a level that does not affect the acceptability of the rendered product. Maximum penalty—20 penalty units. 122 Contamination of pet meat, pet meat products and rendered products An accreditation holder processing pet meat, a pet meat product or a rendered product at premises must ensure the meat or product is not contaminated by an external environmental condition or a processing activity on the premises. Maximum penalty—20 penalty units. Page 84 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 123] 123 Contamination of pet meat product by pet meat An accreditation holder processing a pet meat product from pet meat must ensure the pet meat or product is not contaminated by other pet meat. Maximum penalty—20 penalty units. 124 Contamination of rendered product An accreditation holder processing a rendered product must ensure the product is not contaminated by meat or other meat product that has not been rendered. Maximum penalty—20 penalty units. Division 5 Packaging, identifying, storing, handling and displaying meat and meat products 125 Packaging and prepackaging meat and meat products (1) An accreditation holder who packages or prepackages meat or a meat product must package and identify the meat or product so that— (a) the packaging and identification of the meat or product is appropriate for the purpose; and (b) the acceptability of the meat or product is not affected. Maximum penalty—20 penalty units. (2) Without limiting subsection (1), for prepackaged meat or a meat product, the packaging must protect the meat or product from contamination when storing, handling and transporting. 126 Storing, handling and displaying meat and meat products An accreditation holder who stores, handles or displays meat or a meat product must store, handle or display the meat or Current as at 1 January 2014 Page 85
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 127] product under conditions that ensure the acceptability of the meat or product is not affected. Maximum penalty—20 penalty units. 127 Identifying and labelling meat and meat products for transportation A person transporting meat or a meat product must ensure the meat or product is identified, labelled or kept separate from another product in a way that it is not likely to be mistaken for the other product. Maximum penalty—20 penalty units. Division 6 Records and prepackaging Subdivision 1 Meat and meat products for human and animal consumption 128 Records to be kept about animals killed for meat An accreditation holder who processes meat or a meat product must, for each animal killed from which the meat or product is processed, keep records containing each of the following details— (a) the day the animal is killed; (b) the name or number of the accreditation holder who killed the animal; (c) the animal’s species; (d) if the animal comes from a place of production—the address of the place; (e) if the animal is a wild animal— (i) the place where the animal was captured; and Page 86 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 129] (ii) if the animal is killed in the wild—the place where the animal is killed. Subdivision 2 Meat and ready-to-eat meat for human consumption 129 Records to be kept about meat and ready-to-eat meat (1) An accreditation holder who processes meat or ready-to-eat meat for human consumption must, for the meat or ready-to-eat meat, keep records containing each of the following details— (a) the name or number of an accreditation holder from whom the meat comes; (b) for the batch in which the meat or ready-to-eat meat are processed— (i) the number or other identification of the batch; and (ii) the name or number of an accreditation holder who processed the batch; and (iii) the day the batch is processed; and (iv) the name or number of any other accreditation holder from whom other meat or ready-to-eat meat in the batch is derived; (c) any other information that may be necessary to decide whether or not the meat or ready-to-eat meat should be recalled; (d) the name and address of the person to whom the accreditation holder sent the meat or ready-to-eat meat after processing; (e) the day the person sent the meat or ready-to-eat meat. (2) However, if the person to whom the accreditation holder sent the meat or ready-to-eat meat after processing is the consumer of the meat or ready-to-eat meat, the accreditation holder is Current as at 1 January 2014 Page 87
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 130] not required to keep a record of the details mentioned in subsection (1)(d) or (e). 130 Labelling meat and ready-to-eat meat An accreditation holder who prepackages meat or ready-to-eat meat for human consumption must ensure the meat or ready-to-eat meat are labelled with the following information before or when packaging— (a) the accreditation holder’s name or number; (b) the day the meat or ready-to-eat meat are packaged. Maximum penalty—20 penalty units. Subdivision 3 Pet meat, pet meat products and rendered products for animal consumption 131 Records to be kept about pet meat, pet meat products and rendered products (1) An accreditation holder who processes pet meat, a pet meat product or a rendered product must, for the meat or product, keep records containing each of the following details— (a) for the batch in which the meat or product is processed— (i) the number or other identification of the batch; and (ii) the name or number of an accreditation holder who processed the batch; and (iii) the day the batch is processed; and (iv) the name or number of any other accreditation holder from whom other meat or a product in the batch is derived; Page 88 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 132] (b) any other information that may be necessary to decide whether or not the meat or product should be recalled; (c) the name and address of the person to whom the accreditation holder sent the meat or product after processing; (d) the day the holder sent the meat or product. (2) However, if the person to whom the accreditation holder sent the meat or product after processing is the consumer of the meat or product, the accreditation holder is not required to keep a record of the details mentioned in subsection (1)(c) or (d). (3) In this section— consumer , of pet meat, a pet meat product, or a rendered product— (a) means the person who has purchased, or otherwise acquired, the meat or product for consumption by the person’s or another person’s domestic animal; but (b) does not mean a person who wholesales or retails the meat or product. 132 Labelling pet meat and pet meat products (1) An accreditation holder who prepackages pet meat or a pet meat product must ensure the meat or product is labelled with each of the following before or when packaging— (a) the accreditation holder’s name or number; (b) the use-by date or batch number of the meat or product; (c) the weight of the meat or product; (d) the ingredients of the meat or product; (e) the requirements for storage of the meat or product; Example for paragraph (e) a package of pet meat is labelled ‘Keep frozen’ Current as at 1 January 2014 Page 89
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 133] (f) the statement ‘Animal food—Not for human consumption’ or ‘Pet food—Not for human consumption’; (g) if the meat or product is packaged for retail sale— (i) the list of ingredients; and (ii) graphics showing the type of animal for which the meat or product is intended. Example for subparagraph (ii) the packaging on a pet meat product has a drawing of a dog to show the product is intended to be consumed by a dog Maximum penalty—20 penalty units. (2) For subsection (1)(f), the statement must be— (a) in standard type of at least 3mm in height; and (b) in a colour contrasting distinctly with the background colour of the label or packaging; and (c) conspicuous to a person looking at the label. 133 Labelling rendered products An accreditation holder who packages a rendered product must ensure the product is labelled with the following information before or when packaging— (a) the accreditation holder’s name or number; (b) the day the product is packaged. Maximum penalty—20 penalty units. Page 90 Current as at 1 January 2014
Division 7 Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 133A] Additional provisions for poultry meat Subdivision 1 Preliminary 133A Purpose of div 7 The purpose of this division is to give effect, generally, to the food standards code, standard 4.2.2 (Primary production and processing standard for poultry meat). Editor’s note The standard may be viewed on Safe Food’s website at <www.safefood.qld.gov.au>. 133B Definitions for div 7 In this division— hazard means a biological, chemical or physical agent in, or condition of, food that has the potential to cause an adverse health effect in humans. inputs includes any feed, litter, water, chemicals or other substances used in, or in connection with, a primary production or processing activity. poultry means chicken, turkey, duck, squab (pigeons), geese, pheasants, quail, guinea fowl, muttonbirds and other avian species (other than ratites). poultry handler means a person who handles or supervises the handling of poultry intended for human consumption. poultry processor means a person accredited under the meat scheme in the category of processor who carries out processing, or transporting, of poultry product intended for human consumption. Current as at 1 January 2014 Page 91
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 133C] poultry producer means a person accredited under the meat scheme in the category of producer who carries out rearing, or live transporting, of poultry intended for human consumption. poultry product means the carcass of poultry, poultry meat or poultry meat product. processing means engaging in processing activities. sewage includes the discharge from toilets, urinals, basins, showers, sinks and dishwashers, whether discharged through sewers or other means. 133C Meaning of unsuitable for poultry or poultry product Poultry or a poultry product is unsuitable if it— (a) is damaged, deteriorated or perished to an extent that affects its reasonable intended use; or (b) contains any damaged, deteriorated or perished substance that affects its reasonable intended use; or (c) is the product of a diseased animal, or an animal that has died other than by slaughter, and has not been declared by or under an Act to be safe for human consumption; or (d) contains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food; or (e) is in a condition, or contains a substance, that a person would ordinarily regard as making the poultry, after processing, or poultry product unfit for human consumption. Page 92 Current as at 1 January 2014
Subdivision 2 Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 133D] Food safety requirements—production of poultry 133D Application of sdiv 2 (1) The food safety requirements mentioned in chapter 2, part 4 or chapter 4, part 2 apply in addition to the food safety requirements mentioned in this subdivision. (2) However, if there is an inconsistency between a food safety requirement mentioned in this subdivision and a food safety requirement mentioned in chapter 2, part 4 or chapter 4, part 2, the food safety requirement mentioned in this subdivision prevails to the extent of the inconsistency. 133E General food safety management (1) A poultry producer must systematically examine all of its primary production operations to identify potential hazards and implement control measures to address those hazards. Maximum penalty—50 penalty units. (2) A poultry producer must have evidence to show a systematic examination has been undertaken and control measures for identified hazards have been implemented. Maximum penalty—50 penalty units. 133F Inputs A poultry producer must take all reasonable measures to ensure inputs do not make the poultry unsuitable. Maximum penalty—50 penalty units. Current as at 1 January 2014 Page 93
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 133G] 133G Waste disposal (1) A poultry producer must store, handle or dispose of waste in a way that will not make the poultry unsuitable. Maximum penalty—50 penalty units. (2) In this section— waste includes sewage, waste water, litter, dead poultry and garbage. 133H Health and hygiene requirements (1) A poultry handler must exercise personal hygiene and health practices that do not make the poultry unsuitable. Maximum penalty—50 penalty units. (2) A poultry producer must take all reasonable measures to ensure the following persons exercise personal hygiene and health practices that do not make the poultry unsuitable— (a) each poultry handler involved in the production of the poultry; (b) each person who works at the premises where the production is taking place; (c) each visitor to the premises. Maximum penalty—50 penalty units. 133I Skills and knowledge A poultry producer must ensure each poultry handler involved in the production of the poultry has appropriate— (a) skills in food safety and food hygiene; and (b) knowledge of food safety and food hygiene matters. Maximum penalty—50 penalty units. Page 94 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 133J] 133J Design, construction and maintenance of premises, equipment and vehicles (1) This section applies if a poultry producer— (a) is producing poultry at premises; or (b) uses equipment or a vehicle for producing poultry. (2) The poultry producer must ensure the premises, equipment or vehicle is designed and constructed so the premises, equipment or part of the vehicle containing the poultry— (a) minimises contamination of the poultry; and (b) minimises the harbouring of pests; and (c) is capable of being effectively cleaned and sanitised. Maximum penalty—20 penalty units. (3) A poultry producer must ensure the premises, equipment or part of the vehicle containing the poultry is maintained and cleaned in a sanitary way, and maintained in good repair, to ensure the poultry is not made unsuitable. Maximum penalty—20 penalty units. 133K Traceability A poultry producer must be able to identify the immediate recipient of the poultry handled by the poultry producer. Maximum penalty—50 penalty units. 133L Sale or supply of poultry A poultry producer must not sell or supply poultry for human consumption if the producer knows, ought reasonably to know, or ought reasonably to suspect, the poultry is unsuitable. Maximum penalty—50 penalty units. Current as at 1 January 2014 Page 95
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 133M] Subdivision 3 Food safety requirements—processing of poultry 133M Application of sdiv 3 (1) The food safety requirements mentioned in chapter 2, part 4 or chapter 4, part 2 apply in addition to the food safety requirements mentioned in this subdivision. (2) However, if there is an inconsistency between a food safety requirement mentioned in this subdivision and a food safety requirement mentioned in chapter 2, part 4 or chapter 4, part 2, the food safety requirement mentioned in this subdivision prevails to the extent of the inconsistency. 133N General food safety management (1) A poultry processor must systematically examine all of its processing operations to identify potential hazards and implement control measures to address those hazards. Maximum penalty—50 penalty units. (2) A poultry processor must have evidence to show a systematic examination has been undertaken and control measures for identified hazards have been implemented. Maximum penalty—50 penalty units. (3) A poultry processor must verify the effectiveness of the control measures. Maximum penalty—50 penalty units. 133O Receiving or processing poultry product A poultry processor must not receive or process poultry product for human consumption if the processor knows, ought reasonably to know, or ought reasonably to suspect, the poultry product is unsuitable. Page 96 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 2 Food safety requirements [s 133P] Maximum penalty—50 penalty units. 133P Inputs A poultry processor must take all reasonable measures to ensure inputs do not make the poultry product unsuitable. Maximum penalty—50 penalty units. 133Q Waste disposal (1) A poultry processor must store, handle or dispose of waste in a way that will not make the poultry product unsuitable. Maximum penalty—50 penalty units. (2) In this section— waste includes unsuitable poultry, unsuitable poultry product, sewage, waste water and garbage. 133R Skills and knowledge A poultry processor must ensure each person involved in the processing has appropriate— (a) skills in food safety and food hygiene; and (b) knowledge of food safety and food hygiene matters; and (c) skills and knowledge to detect a condition that would render poultry or poultry product unsuitable. Maximum penalty—50 penalty units. 133S Traceability A poultry processor must ensure it can identify the immediate supplier and immediate recipient of poultry product handled by the poultry processor. Maximum penalty—50 penalty units. Current as at 1 January 2014 Page 97
Food Production (Safety) Regulation 2002 Chapter 4 Meat scheme Part 3 Accreditation for persons from another State [s 133T] 133T Sale or supply A poultry processor must not sell or supply poultry product for human consumption if the processor knows, ought reasonably to know, or ought reasonably to suspect, the poultry product is unsuitable. Maximum penalty—50 penalty units. Part 3 Accreditation for persons from another State 134 When person from another State taken to hold accreditation (1) This section applies to the following— (a) a person who is not accredited in the State to kill wild animals but is licensed to kill wild animals; (b) a person who is not accredited in the State to transport meat or a meat product but is licensed to transport meat or a meat product from or to the State. (2) For subsection (1)(a), the person is taken to be the holder of an accreditation to kill animals in the wild for meat. (3) For subsection (1)(b), the person is taken to be the holder of an accreditation to transport meat or a meat product. (4) If the licence held by the person is subject to a restriction or condition, the accreditation the person is taken to hold is also taken to be subject to a restriction or condition in the same terms, so far as practicable, as the restriction or condition. (5) In this section— licensed means licensed, accredited or otherwise authorised under the law of another State. Page 98 Current as at 1 January 2014
Chapter 4A Food Production (Safety) Regulation 2002 Chapter 4A Seafood scheme Part 1 Preliminary [s 134A] Seafood scheme Part 1 Preliminary 134A Purpose of ch 4A The main purpose of this chapter is to give effect to the food standards code, standard 4.2.1 (Primary production and processing standard for seafood), known as the ‘National Seafood Standard’. Editor’s note The National Seafood Standard may be viewed on Safe Food’s website at <www.safefood.qld.gov.au>. Part 2 Contents of seafood scheme 134B Seafood scheme applies for particular seafood (1) The seafood food safety scheme (the seafood scheme ) applies for estuarine, freshwater or marine fish, and other aquatic animals, intended for human consumption. (2) However, the seafood scheme does not apply to amphibians, aquatic plants, mammals or reptiles. 134C Production of seafood for which seafood scheme applies The seafood scheme applies for the production of seafood, including, for example, the following— (a) catching, collecting, cultivating, growing, harvesting or picking seafood; (b) handling, processing or transporting seafood, at any stage, from seafood premises to a retailer, commercial Current as at 1 January 2014 Page 99
Food Production (Safety) Regulation 2002 Chapter 4A Seafood scheme Part 2 Contents of seafood scheme [s 134D] user of seafood or manufacturer of seafood; (c) freezing, packing, refrigerating, storing, treating or washing seafood; (d) dismembering, filleting, peeling or shucking seafood; (e) adding brine to seafood; (f) boiling crustaceans or shellfish; (g) supplying seafood from seafood premises. 134D Production of seafood for which seafood scheme does not apply (1) Despite section 134C, the seafood scheme does not apply for the following— (a) manufacturing seafood; (b) taking seafood by an Aborigine or Torres Strait Islander under Aboriginal tradition or Island custom; (c) harvesting seafood for personal consumption. Example recreational catch (2) Also, the seafood scheme does not apply to a business that— (a) processes seafood at premises other than on a commercial fishing boat or at an aquaculture facility; and (b) only supplies the seafood directly to a person for the person’s consumption. Example cooking and selling seafood at a fish and chip shop (3) In this section— manufacturing , in relation to seafood, means dealing with the seafood under a process, including, for example, canning the seafood or coating the seafood with breadcrumbs, in which the nature of the seafood is substantially changed. Page 100 Current as at 1 January 2014
Part 3 Food Production (Safety) Regulation 2002 Chapter 4A Seafood scheme Part 3 Categories of accreditation, programs and management statements [s 134E] Categories of accreditation, programs and management statements 134E Categories of accreditation (1) A person may be accredited under the seafood scheme in any of the following categories— (a) processor; (b) producer; (c) wild animal harvester. (2) A person accredited under the seafood scheme in a particular category may, under the accreditation, carry out only the activities mentioned in schedule 5B for the category. 134F Requirement for program or management statement (1) An applicant for a grant or renewal of an accreditation under the seafood scheme as a processor must prepare a program under the scheme. (2) An applicant for a grant or renewal of an accreditation under the seafood scheme as a producer or wild animal harvester must prepare a management statement under the scheme. Current as at 1 January 2014 Page 101
Food Production (Safety) Regulation 2002 Chapter 4A Seafood scheme Part 4 Food safety requirements [s 134G] Part 4 Food safety requirements Division 1 Preliminary 134G Application of pt 4 This part applies for food safety requirements for the seafood scheme. Division 2 General Subdivision 1 Information requirements 134H Information about seafood business to be given to Safe Food (1) This section applies to a person who has the management and control of a business that engages in the production of seafood and is, or is required to be, an accreditation holder under the seafood scheme. (2) Before starting production of seafood, the person must, in writing, give Safe Food the following information about the person’s business— (a) the contact details for the business, including its business name; (b) the name and business address of the proprietor of the business; (c) the nature of the business; (d) the location of all premises intended to be used by the person for the production of seafood. Maximum penalty—20 penalty units. Page 102 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4A Seafood scheme Part 4 Food safety requirements [s 134I] (3) Before any change happens in the person’s business that will result in information given by the person to Safe Food under this section being incomplete or inaccurate, the person must give Safe Food written notice of the change unless the person has a reasonable excuse. Maximum penalty—20 penalty units. Subdivision 2 Seafood production activities 134I Seafood safety management (1) An accreditation holder who engages in the production of seafood must— (a) systematically examine all of the holder’s activities in relation to the seafood— (i) to identify potential food safety hazards for the seafood; and (ii) to implement controls that are appropriate for managing the food safety hazards; and (b) keep records or other evidence to demonstrate that the holder has implemented controls that are appropriate for managing the food safety hazards. Maximum penalty—20 penalty units. (2) In this section— controls mean the following— (a) measures to control hazards from air, bait or other feedstuff, fertilizers, pesticides, soil, veterinary drugs, water or any other agent used in the production of seafood; (b) measures to protect any seafood from contamination by faeces or another substance. fertilizer includes a natural fertilizer. Current as at 1 January 2014 Page 103
Food Production (Safety) Regulation 2002 Chapter 4A Seafood scheme Part 4 Food safety requirements [s 134J] 134J Contamination and handling (1) An accreditation holder who engages in the production of seafood must take all necessary steps to prevent the seafood becoming contaminated. Maximum penalty—20 penalty units. (2) An accreditation holder who engages in the production of seafood at seafood premises must take all reasonable measures to ensure that seafood handlers at the premises handle the seafood, or surfaces likely to come into contact with the seafood, in a way that is not likely to affect the acceptability of the seafood. Maximum penalty—20 penalty units. 134K Inputs and harvesting areas (1) An accreditation holder who engages in the production of seafood must take all reasonable steps to ensure inputs do not adversely affect the acceptability of the seafood. Maximum penalty—20 penalty units. (2) An accreditation holder must not harvest seafood in an area if the holder knows, or ought reasonably to know, the seafood may not be acceptable for human consumption when it is sold. Maximum penalty—20 penalty units. (3) In this section— inputs means any chemicals or feed or other substances used in, or in connection with, the production of seafood. 134L Storing seafood (1) An accreditation holder who stores seafood, other than live seafood, must— (a) store the seafood under temperature control; and (b) have a way of monitoring the temperature of the seafood while it is stored. Page 104 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4A Seafood scheme Part 4 Food safety requirements [s 134M] Maximum penalty—20 penalty units. (2) An accreditation holder who stores live seafood must store the seafood in a way that will not adversely affect the acceptability of the seafood. Maximum penalty—20 penalty units. 134M Transporting seafood (1) An accreditation holder who transports seafood, other than live seafood, must— (a) transport the seafood under temperature control; and (b) have a way of monitoring the temperature of the seafood during the transportation. Maximum penalty—20 penalty units. (2) An accreditation holder who transports live seafood must transport the seafood under conditions that will not adversely affect the acceptability of the seafood. Maximum penalty—20 penalty units. 134N Packaging seafood An accreditation holder who packages seafood must— (a) use only packaging material that is— (i) fit for its intended use; and (ii) not likely to cause contamination of the seafood; and (c) take all reasonable measures to ensure that the seafood does not become contaminated during the packaging of the seafood. Maximum penalty—20 penalty units. Current as at 1 January 2014 Page 105
Food Production (Safety) Regulation 2002 Chapter 4A Seafood scheme Part 4 Food safety requirements [s 134O] 134O Seafood for disposal (1) An accreditation holder who engages in the production of seafood must ensure that seafood for disposal is held and kept separate until— (a) the seafood is destroyed, or otherwise used or disposed of, so that it can not be used for human consumption; or (b) the seafood is returned to its supplier; or (c) the seafood is processed in a way that ensures it is acceptable; or (d) the accreditation holder ascertains by validation, and Safe Food agrees, that the seafood is acceptable for sale. Maximum penalty—20 penalty units. (2) The accreditation holder must clearly identify any seafood that is held and kept separate under subsection (1) as— (a) recalled seafood; or (b) returned seafood; or (c) seafood that is acceptable; or (d) seafood that may not be acceptable. Maximum penalty—20 penalty units. (3) In this section— seafood for disposal means— (a) seafood that is subject to a recall, has been returned or is not acceptable; or (b) seafood the accreditation holder reasonably suspects is not acceptable. 134P Receipt of seafood (1) An accreditation holder who engages in the production of seafood must take all reasonable steps to ensure the holder Page 106 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4A Seafood scheme Part 4 Food safety requirements [s 134Q] accepts only seafood that is protected from the likelihood of contamination. Maximum penalty—20 penalty units. (2) An accreditation holder who is receiving seafood, other than live seafood, must take all reasonable measures to ensure the holder accepts only seafood that is under temperature control. Maximum penalty—20 penalty units. (3) An accreditation holder who is receiving live seafood must take all reasonable measures to ensure the seafood has been transported in a way that has not or will not adversely affect the acceptability of the seafood. Maximum penalty—20 penalty units. 134Q Skills and knowledge An accreditation holder who engages in the production of seafood at seafood premises must ensure each seafood handler at the premises has the following, appropriate for the handler’s work and the food safety hazards relevant to the production of the seafood— (a) skills in food safety and food hygiene; (b) knowledge of food safety and food hygiene matters. Maximum penalty—20 penalty units. Division 3 Health and hygiene of persons, and premises, vehicles and equipment 134R Health and hygiene requirements (1) A seafood handler at seafood premises must, in the handling or supervision of the production of seafood at the premises, exercise personal hygiene and health practices that— Current as at 1 January 2014 Page 107
Food Production (Safety) Regulation 2002 Chapter 4A Seafood scheme Part 4 Food safety requirements [s 134S] (a) are appropriate for managing the food safety hazards relevant to the production of the seafood; and (b) do not adversely affect the acceptability of the seafood. Maximum penalty—20 penalty units. (2) Subsection (3) applies if a seafood handler at seafood premises knows, or ought reasonably to know, the handler— (a) has a symptom that indicates the handler may have a food-borne disease; or (b) has a food-borne disease; or (c) is a carrier of a food-borne disease. (3) The seafood handler must not handle seafood at the premises if there is a reasonable likelihood of contamination of the seafood because of the disease. Maximum penalty—20 penalty units. (4) An accreditation holder must take all reasonable measures to ensure a seafood handler at the holder’s seafood premises exercises personal hygiene and health practices at the premises that— (a) are appropriate for managing the food safety hazards relevant to the production of the seafood; and (b) do not adversely affect the acceptability of the seafood. Maximum penalty—20 penalty units. (5) In this section— food-borne disease means a disease caused by consuming food containing bacteria, pathogens or viruses. 134S Seafood premises and equipment (1) This section applies to— (a) an accreditation holder’s seafood premises, including live seafood premises; and Page 108 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4A Seafood scheme Part 4 Food safety requirements [s 134S] (b) the equipment used in the production of seafood at the premises. (2) The accreditation holder must ensure the seafood premises and equipment are kept clean, so far as is reasonably necessary, and are designed, constructed, maintained and operated in a way that the acceptability of seafood produced at the premises will not be adversely affected. Maximum penalty—20 penalty units. (3) For the seafood premises and equipment, the accreditation holder must comply with— (a) the food standards code, standards 3.2.2, division 5 and 3.2.3; or Editor’s note food standards code, standards 3.2.2 (Food safety practices and general requirements), division 5 (Cleaning, sanitising and maintenance) and 3.2.3 (Food premises and equipment) (b) other requirements approved or imposed by Safe Food. Examples requirements in an approved program or approved management statement conditions imposed on an accreditation Maximum penalty—20 penalty units. (4) In this section— live seafood premises (a) means seafood premises used for the production of live seafood; and (b) includes sea cages. Current as at 1 January 2014 Page 109
Food Production (Safety) Regulation 2002 Chapter 4A Seafood scheme Part 4 Food safety requirements [s 134T] Division 4 Records 134T Tracing seafood An accreditation holder who engages in the production of seafood must, to ensure the safety of the seafood, keep records to identify the following— (a) any person who supplies the seafood to the holder; (b) any person to whom the holder supplies the seafood. Maximum penalty—20 penalty units. Division 5 Bivalve molluscs 134U Application of div 5 (1) This division applies to an accreditation holder who engages in the production of bivalve molluscs. (2) The food safety requirements mentioned in division 2, 3 or 4 apply to the accreditation holder in addition to the food safety requirements mentioned in this division. 134V Types of programs (1) If the accreditation holder is a processor, the holder’s program complies with section 9 if the program— (a) is a program under the food standards code, standard 3.2.1; or Editor’s note food standards code, standard 3.2.1 (Food safety programs) (b) implements a food safety management system under the Export Control (Dairy, Eggs and Fish) Orders 2005 (Cwlth); or Page 110 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 4A Seafood scheme Part 4 Food safety requirements [s 134W] (c) implements the hazard analysis and critical control point system (HACCP) for food safety management, adopted by the Codex Alimentarius Commission and set out in the document CAC/RCP 1-1969, Rev. 4-2003, Annex; or Editor’s note A copy of the document can be viewed at <www.codexalimentarius.net/web/index_en.jsp>. (d) is another program approved by Safe Food. (2) In this section— hazard analysis and critical control point system ( HACCP) means a methodology that systematically identifies, evaluates and controls hazards that are significant for food safety. 134W Additional food safety requirements The accreditation holder must comply with— (a) the requirements stated in the food standards code, standard 4.2.1, schedule; or Editor’s note food standards code, standard 4.2.1 (Primary production and processing standard for seafood), schedule (ASQAP manual conditions) (b) other requirements Safe Food decides give the same or a higher level of protection for managing exposure to risks in relation to food safety as the requirements mentioned in paragraph (a). Maximum penalty—20 penalty units. 134X Co-mingling of bivalve molluscs (1) The accreditation holder must ensure that each batch of bivalve molluscs harvested is— (a) separated from other batches of bivalve molluscs in a way that prevents co-mingling of batches; and Current as at 1 January 2014 Page 111
Food Production (Safety) Regulation 2002 Chapter 5 Transitional provisions Part 1 Transitional provision for Food Production (Safety) Amendment Regulation (No. 2) 2004 [s 135] (b) kept separate from the other batches during any depuration or other handling of the bivalve molluscs in the batch. Maximum penalty—20 penalty units. (2) In this section— batch , of bivalve molluscs, means bivalve molluscs that are harvested on the same day and from the same area. Chapter 5 Transitional provisions Part 1 Transitional provision for Food Production (Safety) Amendment Regulation (No. 2) 2004 135 Application of s 87F before 1 July 2005 Before 1 July 2005, section 87F applies to a person engaged in the production of eggs or egg products on the commencement of the section as if— (a) the egg scheme mentioned in section 87A had commenced; and (b) the requirement in section 87F to give Safe Food information before starting production of eggs or egg products were a requirement to give the information before 1 April 2005. Page 112 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Chapter 5 Transitional provisions Part 2 Transitional provisions for Primary Industries and Fisheries Legislation Amendment Regulation (No. 1) 2009 [s 136] Part 2 Transitional provisions for Primary Industries and Fisheries Legislation Amendment Regulation (No. 1) 2009 136 Application of s 134H before 1 July 2009 Before 1 July 2009, section 134H applies to a person engaged in the production of seafood on the commencement of the section as if— (a) the seafood scheme mentioned in section 134H had commenced; and (b) the requirement in section 134H to give Safe Food information before starting production of seafood were a requirement to give the information before 1 May 2009. 137 Delayed application of fees for accreditation under seafood scheme (1) Until 1 January 2010, no fee is payable for an application for an accreditation by a person who must prepare and maintain a program or management statement under the seafood scheme. (2) Subsection (1) applies despite section 27. Editor’s note section 27 (Fees for accreditation) 138 Application of the Act, s 79 to seafood scheme before 1 January 2010 For applying section 79 of the Act to a person engaged in the production of seafood, the seafood scheme is taken to commence on 1 January 2010. Current as at 1 January 2014 Page 113
Food Production (Safety) Regulation 2002 Chapter 5 Transitional provisions Part 2 Transitional provisions for Primary Industries and Fisheries Legislation Amendment Regulation (No. 1) 2009 [s 138] Editor’s note section 79 of the Act (Unauthorised production of primary produce) Page 114 Current as at 1 January 2014
Schedule 1 Fees Food Production (Safety) Regulation 2002 Schedule 1 sections 26, 27 and 28 Part 1 Accreditation $ 1 Application fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136.55 2 Accreditation fee— (a) for a wild game harvester or game box operator . . . . 245.90 (b) for a wild animal harvester. . . . . . . . . . . . . . . . . . . . . 245.90 (c) for a retailer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437.25 (d) for a transporter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245.90 (e) for a cold store operator . . . . . . . . . . . . . . . . . . . . . . . 245.90 (f) for a producer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341.60 (g) for a processor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 366.95 (h) for an exporter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 836.80 (i) for a person other than a person mentioned in paragraphs (a) to (h). . . . . . . . . . . . . . . . . . . . . . . . . . 232.15 Part 2 Approval as auditor 1 Application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Auditor approval fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 136.55 478.35 Current as at 1 January 2014 Page 115
Food Production (Safety) Regulation 2002 Schedule 2 Schedule 2 Standards for dairy scheme section 4 Part 1 Compulsory standards Column 1 Requirement Column 2 Compulsory standard 1 skills and knowledge for food standards code, standards 4.2.4 Primary persons processing primary production and processing standard for dairy products, produce (s 32(1)) clause 6 Skills and knowledge and 4.2.4A Primary production and processing standard for specific cheeses 2 transporting primary produce (s 33(5A)) food standards code, standard 4.2.4 Primary production and processing standard for dairy products , division 3 Dairy collection and transportation 3 transporting primary produce (s 33(5)) food standards code, Part 3.2 Food safety requirements , Standard 3.2.2 Food safety practices and general requirements, division 5 Cleaning, sanitising and maintenance 4 water supply (s 34) food standards code, Part 3.2 Food safety requirements , Standard 3.2.3 Food premises and equipment Division 2 Design and construction of food premises Item 4 Water supply 5 health and hygiene requirements (s 38) food standards code, Part 3.2 Food safety requirements , Standard 3.2.2 Food safety practices and general requirements, divisions 3 and 4 6 design, construction and maintenance of premises and vehicles (s 39(3)) food standards code, Part 3.2 Food safety requirements , Standard 3.2.2 Food safety practices and general requirements, division 5 Cleaning, sanitising and maintenance 7 design, construction and food standards code, Part 3.2 Food safety requirements , maintenance of equipment Standard 3.2.2 Food safety practices and general (s 40(2)) requirements, division 5 Cleaning, sanitising and maintenance Page 116 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Schedule 2 Column 1 Requirement Column 2 Compulsory standard 8 general food safety food standards code, standard 4.2.4 Primary production requirement for production and processing standard for dairy products, division 2 of milk at dairy (s 59A) Dairy primary production requirements 9 stock food for consumption food standards code, Part 1.4 Contaminants and by animals to be milked (s residues , Standard 1.4.2 Maximum residue limits 61) (Australia only) 10 milk supplied must be free food standards code, Part 1.4 Contaminants and of chemical contaminants residues , Standard 1.4.2 Maximum residue limits (s 62) (Australia only) 11 health and hygiene requirements (s 65) food standards code, Part 3.2 Food safety requirements , Standard 3.2.2 Food safety practices and general requirements, division 4 Health and hygiene requirements Item 14 Health of food handlers 12 design, construction and maintenance of dairy and equipment (s 66(3)) food standards code, Part 3.2 Food safety requirements , Standard 3.2.2 Food safety practices and general requirements, division 5 Cleaning, sanitising and maintenance 13 receiving dairy produce for food standards code, Part 1.4 Contaminants and processing (s 68) residues , Standard 1.4.2 Maximum residue limits (Australia only) 14 general food safety food standards code, standards 4.2.4 Primary requirement for processing production and processing standard for dairy products , dairy produce at depot or division 4 Dairy processing and 4.2.4A Primary factory (s 69) production and processing standard for specific cheeses 15 minimum standard for dairy produce for human consumption (s 71) food standards code, Part 1.4 Contaminants and residues , Standard 1.4.2 Maximum residue limits (Australia only), Part 1.6 Microbiological and processing requirements , Standard 1.6.1 Microbiological limits for food and Part 2.5 Dairy products 16 supplying dairy produce (s food standards code, parts 1.3 to 1.5, standard 1.6.1 and 72) part 2.5 17 testing after processing (s food standards code, Part 1.6 Microbiological and 73) processing requirements , Standard 1.6.1 Microbiological limits for food Current as at 1 January 2014 Page 117
Food Production (Safety) Regulation 2002 Schedule 2 Column 1 Requirement Column 2 Compulsory standard 18 general requirements for food standards code, Part 3.2 Food safety requirements , production of goat milk (s Standard 3.2.2 Food safety practices and general 77) requirements 19 design, construction and maintenance of dairy and equipment (s 78) food standards code, Part 3.2 Food safety requirements , Standard 3.2.3 Food premises and equipment 20 standard for testing and food standards code, Part 1.6 Microbiological and frequency of testing (s 80) processing requirements , Standard 1.6.1 Microbiological limits for food 21 labelling goat milk (s 85) food standards code, Part 1.2 Labelling and other information requirements , Standard 1.2.1 Application of labelling and other information requirements and Standard 1.2.3 Mandatory advisory statements and declarations Part 2 Advisory standards Column 1 Requirement Column 2 Advisory standard 1 transporting primary produce (s 33(1)) food standards code, Part 3.2 Food safety requirements , Standards 3.2.2 Food safety practices and general requirements and 3.2.3 Food premises and equipment 2 design, construction and maintenance of premises and vehicles (s 39(2)) food standards code, standard 3.2.3 Food premises and equipment 3 design, construction and food standards code, standard 3.2.3 Food premises and maintenance of equipment equipment (s 40(1)) 4 temperature control for stored milk (s 64) AS 1187 Page 118 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Schedule 2 Column 1 Requirement Column 2 Advisory standard 5 design, construction and guidelines issued by Safe Food for dairy premises maintenance of dairy and equipment (s 66(2)) 6 processing requirements (s equipment stated in AS 3993 69(2)) 7 storing dairy produce (s 70) food standards code, Part 3.2 Food safety requirements , Standard 3.2.2 Food safety practices and general requirements, Division 3 Food handling controls Current as at 1 January 2014 Page 119
Food Production (Safety) Regulation 2002 Schedule 3 Schedule 3 Risk categories for dairy scheme section 43 Part 1 Low risk 1 producing dairy produce at a dairy 2 processing butter and fat spreads 3 processing pet food 4 transporting dairy produce Part 2 High risk 1 processing dairy produce other than butter and fat spreads 2 processing and packaging unpasteurised goat milk Page 120 Current as at 1 January 2014
Schedule 3A Food Production (Safety) Regulation 2002 Schedule 3A Standards for egg scheme section 4 Part 1 Compulsory standards Column 1 Requirement Column 2 Compulsory standard 1 transporting primary produce (s 33(5)) food standards code, Part 3.2 Food safety requirements , Standard 3.2.2 Food safety practices and general requirements, division 5 Cleaning, sanitising and maintenance 2 health and hygiene requirements (s 38) (a) for an activity mentioned in section 87B(a) or (b) carried out in a physically separate location to where another activity mentioned in the section is carried out—food standards code, Part 3.2 Food safety requirements , Standard 3.2.2 Food safety practices and general requirements, division 4, clause 14 and division 5 (b) for another activity—food standards code, Part 3.2 Food safety requirements , Standard 3.2.2 Food safety practices and general requirements 3 design, construction and food standards code, Part 3.2 Food safety requirements , maintenance of equipment Standard 3.2.3 Food premises and equipment (ss 33(4) and 40) 4 stock food for consumption food standards code, Part 1.4 Contaminants and by bird used for egg residues , Standard 1.4.2 Maximum residue limits production (ss 87H and (Australia only) 87I) 5 pasteurising egg products food standards code, Part 1.6 Microbiological and (s 87M) processing requirements , Standard 1.6.2 Processing requirements (Australia only) Current as at 1 January 2014 Page 121
Food Production (Safety) Regulation 2002 Schedule 3A Part 2 Advisory standards Column 1 Requirement Column 2 Advisory standard skills and knowledge for persons food standards code, Part 3.2 Food safety requirements , processing primary produce (s Standard 3.2.2 Food safety practices and general 32) requirements , Division 2 General requirements, Item 3 Food handling—skills and knowledge Page 122 Current as at 1 January 2014
Schedule 3B Food Production (Safety) Regulation 2002 Schedule 3B Risk categories for egg scheme section 43 Part 1 Low risk 1 producing eggs 2 transporting eggs or egg products Part 2 High risk 1 processing eggs or egg products 2 pasteurising egg products Current as at 1 January 2014 Page 123
Food Production (Safety) Regulation 2002 Schedule 4 Schedule 4 Standards for meat scheme section 4 Part 1 Compulsory standards Column 1 Requirement Column 2 Compulsory standard 1 transporting primary produce (s 33(5)) food standards code, Part 3.2 Food safety requirements , Standard 3.2.2 Food safety practices and general requirements, division 5 Cleaning, sanitising and maintenance 2 water supply (s 34) food standards code, Part 3.2 Food safety requirements , Standard 3.2.3 Food premises and equipment Division 2 Design and construction of food premises Item 4 Water supply 3 health and hygiene requirements (s 38) food standards code, Part 3.2 Food safety requirements , Standard 3.2.2 Food safety practices and general requirements, divisions 3 and 4 4 design, construction and food standards code, Part 3.2 Food safety requirements , maintenance of premises Standard 3.2.2 Food safety practices and general and vehicles (s 39(3)) requirements, division 5 Cleaning, sanitising and maintenance 5 design, construction and food standards code, Part 3.2 Food safety requirements , maintenance of equipment Standard 3.2.2 Food safety practices and general (s 40(2)) requirements, division 5 Cleaning, sanitising and maintenance 6 general food safety food standards code, standards 4.2.2 Primary production requirement for the and processing standard for poultry and 4.2.3 production of ready-to-eat Production and processing standard for meat meat (s 109A) Page 124 Current as at 1 January 2014
Part 2 Food Production (Safety) Regulation 2002 Schedule 4 Advisory standards Column 1 Requirement Column 2 Advisory standard 1 skills and knowledge for food standards code, Part 3.2 Food safety requirements , persons processing Standard 3.2.2 Food safety practices and general primary produce (s 32) requirements , Division 2 General requirements, Item 3 Food handling—skills and knowledge 2 transporting primary produce (s 33(1)) (a) meat standards code; or (b) for crocodiles—AS 4467; or (c) for natural casings—AS 5011; or (d) for poultry—AS 4465; or (e) for rabbits—AS 4466; or (f) for ratite—AS 5010; or (g) for rendered products—AS 5008; or (h) for wild animals—AS 4464 3 waste disposal at premises (a) meat standards code; or (s 35) (b) for crocodiles—AS 4467; or (c) for poultry—AS 4465; or (d) for rabbits—AS 4466; or (e) for ratite—AS 5010; or (f) for wild animals—AS 4464 4 design, construction and (a) meat standards code; or manadinvteehniacnlecse ( osf3p9r(e2m) ) ises (b) for crocodiles—AS 4467; or (c) for poultry—AS 4465; or (d) for rabbits—AS 4466; or (e) for ratite—AS 5010; or (f) for wild animals—AS 4464 5 design, construction and (a) meat standards code; or ( msa4i0n(te1n) ) ance of equipment (b) for crocodiles—AS 4467; or (c) for poultry—AS 4465; or (d) for rabbits—AS 4466; or (e) for ratite—AS 5010; or (f) for wild animals—AS 4464 Current as at 1 January 2014 Page 125
Food Production (Safety) Regulation 2002 Schedule 4 Column 1 Requirement Column 2 Advisory standard 6 system for rearing animals (a) meat standards code; or 9at2p) lace of production (s (b) for poultry—AS 4465 7 system for identifying place of capture of wild animals (s 93) (a) meat standards code; or (b) for wild animals—AS 4464 8 identifying source of animal (s 94) (a) meat standards code ; or (b) for wild animals—AS 4464 9 animal appropriate for producing meat (s 95) (a) meat standards code; or (b) for crocodiles—AS 4467; or (c) for poultry—AS 4465; or (d) for rabbits—AS 4466; or (e) for ratite—AS 5010; or (f) for wild animals—AS 4464 10 before post mortem disposition (s 97) (a) meat standards code; or (b) for crocodiles—AS 4467; or (c) for poultry—AS 4465; or (d) for rabbits—AS 4466; or (e) for ratite—AS 5010; or (f) for wild animals—AS 4464 11 handling and dressing animal (s 98) (a) meat standards code; or (b) for crocodiles—AS 4467; or (c) for poultry—AS 4465; or (d) for rabbits—AS 4466; or (e) for ratite—AS 5010; or (f) for wild animals—AS 4464 12 meat from carcass (s 99) (a) meat standards code; or (b) for crocodiles—AS 4467; or (c) for poultry—AS 4465; or (d) for rabbits—AS 4466; or (e) for ratite—AS 5010; or (f) for wild animals—AS 4464 Page 126 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Schedule 4 Column 1 Requirement Column 2 Advisory standard 13 performing post mortem disposition (s 101) (a) meat standards code; or (b) for crocodiles—AS 4467; or (c) for poultry—AS 4465; or (d) for rabbits—AS 4466; or (e) for ratite—AS 5010; or (f) for wild animals—AS 4464 14 meat for animal consumption (s 102) (a) meat standards code; or (b) for crocodiles—AS 4467; or (c) for poultry—AS 4465; or (d) for rabbits—AS 4466; or (e) for ratite—AS 5010; or (f) for wild animals—AS 4464 15 chilling carcass of animal (a) meat standards code; or killed at abattoir (s 103) (b) for crocodiles—AS 4467; or (c) for poultry—AS 4465; or (d) for rabbits—AS 4466; or (e) for ratite—AS 5010; or (f) for wild animals—AS 4464 16 chilling animal killed in the wild (s 104) (a) meat standards code; or (b) for crocodiles—AS 4467; or (c) for poultry—AS 4465; or (d) for rabbits—AS 4466; or (e) for ratite—AS 5010; or (f) for wild animals—AS 4464 17 receiving animal killed in the wild (s 105) (a) meat standards code; or (b) for crocodiles—AS 4467; or (c) for poultry—AS 4465; or (d) for rabbits—AS 4466; or (e) for ratite—AS 5010; or (f) for wild animals—AS 4464 Current as at 1 January 2014 Page 127
Food Production (Safety) Regulation 2002 Schedule 4 Column 1 Requirement Column 2 Advisory standard 18 maintaining temperature of carcass (s 107) (a) meat standards code; or (b) for crocodiles—AS 4467; or (c) for poultry—AS 4465; or (d) for rabbits—AS 4466; or (e) for ratite—AS 5010; or (f) for wild animals—AS 4464 19 further processing of (a) meat standards code; or meat and pet meat (s 108) (b) for poultry—AS 4465 20 rendering (s 121) AS 5008 21 packaging and prepackaging meat and meat products (s 125) (a) for meat or meat products, other than rendered products— (i) meat standards code; or (ii) for crocodiles—AS 4467; or (iii) for natural casings—AS 5011; or (iv) for poultry—AS 4465; or (v) for rabbits—AS 4466; or (vi) for ratite—AS 5010; or (vii)for wild animals—AS 4464; or (b) for rendered products—AS 5008 22 storing, handling and meat standards code displaying meat and meat products (s 126) 23 identifying and labelling meat and meat products for transportation (s 127) (a) meat standards code; or (b) for crocodiles—AS 4467; or (c) for natural casings—AS 5011; or (d) for poultry—AS 4465; or (e) for rabbits—AS 4466; or (f) for ratite—AS 5010; or (g) for wild animals—AS 4464 24 records to be kept about meat standards code animals killed for meat (s 128) Page 128 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Schedule 4 Column 1 Requirement Column 2 Advisory standard 25 records to be kept about meat and ready-to-eat meat (s 129) (a) meat standards code; or (b) for crocodiles—AS 4467; or (c) for natural casings—AS 5011; or (d) for poultry—AS 4465; or (e) for rabbits—AS 4466; or (f) for ratite—AS 5010; or (g) for wild animals—AS 4464 26 labelling meat and ready-to-eat meat (s 130) (a) meat standards code; or (b) for crocodiles—AS 4467; or (c) for natural casings—AS 5011; or (d) for poultry—AS 4465; or (e) for rabbits—AS 4466; or (f) for ratite—AS 5010; or (g) for wild animals—AS 4464 27 records to be kept about pet meat, pet meat products and rendered products (s 131) (a) meat standards code; or (b) for crocodiles—AS 4467; or (c) for natural casings—AS 5011; or (d) for poultry—AS 4465; or (e) for rabbits—AS 4466; or (f) for ratite—AS 5010; or (g) for wild animals—AS 4464 Current as at 1 January 2014 Page 129
Food Production (Safety) Regulation 2002 Schedule 5 Schedule 5 Risk categories for meat scheme section 43 Part 1 Low risk 1 killing wild animals in the field 2 storing field dressed animals in cold storage 3 transporting field dressed animals, meat or meat products 4 storing meat or meat products in cold storage, including, for example, chilling meat or meat products 5 wholesaling or retailing meat or meat products Part 2 Medium risk 1 processing of meat or meat products, other than ready-to-eat meat Part 3 High risk 1 processing of ready-to-eat meat Page 130 Current as at 1 January 2014
Schedule 5A Food Production (Safety) Regulation 2002 Schedule 5A Risk categories for seafood scheme section 43 Part 1 Low risk all activities carried out under an accreditation by a wild animal harvester, other than activities in relation to bivalve molluscs Part 2 Medium risk all activities carried out under an accreditation by a producer or processor, other than activities in relation to bivalve molluscs Part 3 High risk all activities carried out by an accreditation holder in relation to bivalve molluscs Current as at 1 January 2014 Page 131
Food Production (Safety) Regulation 2002 Schedule 5B Schedule 5B Activities for seafood scheme section 134E(2) Part 1 Wild animal harvester 1 any of the following activities carried out on a commercial fishing boat or in relation to bivalve molluscs— catching, collecting, harvesting or picking seafood freezing, packing, refrigerating, storing, treating or washing seafood adding brine to seafood transporting seafood supplying seafood 2 other activities authorised under the accreditation holder’s approved program or approved management statement Part 2 Producer 1 any of the following activities carried out at an aquaculture facility, on a commercial fishing boat or in relation to bivalve molluscs— catching, collecting, cultivating, growing, harvesting or picking seafood freezing, packing, refrigerating, storing, treating or washing seafood adding brine to seafood gilling or gutting fish filleting or cutting fish into portions Page 132 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Schedule 5B boiling crustaceans transporting seafood supplying seafood 2 other activities authorised under the accreditation holder’s approved program or approved management statement Part 3 Processor 1 any of the following activities— cutting into portions, dismembering, filleting, gilling, gutting, killing or skinning seafood depuration of crustaceans or shellfish peeling or shucking seafood boiling of crustaceans adding brine to seafood freezing, refrigerating, packing, storing, treating or washing seafood transporting seafood supplying processed seafood 2 other activities authorised under the accreditation holder’s approved program Current as at 1 January 2014 Page 133
Food Production (Safety) Regulation 2002 Schedule 6 Schedule 6 Dictionary section 3 Page 134 acceptable , for primary produce, means the following— (a) for dairy produce, eggs or egg products—not unsafe; (b) for meat, and ready-to-eat meat, intended for human consumption— (i) for poultry meat—not unsafe or not unsuitable; or (ii) otherwise—not unsafe or not unwholesome; (c) for pet meat, a pet meat product or a rendered product intended for animal consumption—not unsuitable; (d) for seafood—not unsafe or not unsuitable. acceptable level of risk , for a food safety hazard, means a level of risk as low as is reasonably practicable. accreditations register see section 7A(1). advisory standard see section 4(2). animal consumption means consumption by a domestic animal. approved management statement , of an accreditation holder, means the holder’s management statement approved under section 9B(3). approved program , of an accreditation holder, means the holder’s program approved under section 48(4) of the Act. APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence under the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cwlth), section 6. AQIS means Australian Quarantine and Inspection Service. aquaculture facility means premises at which aquaculture activities are carried out under an authority under the Fisheries Act 1994 . Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Schedule 6 AS 1187 means AS 1187—1996 (Australian standard for farm milk cooling and storage systems). AS 3993 means AS 3993–2003 (Equipment for the pasteurization of milk and other liquid dairy products— Continuous-flow systems) AS 4464 means AS 4464—1997 (Australian standard for hygienic production of game meat for human consumption). AS 4465 means AS 4465—2001 (Australian standard for construction of premises and hygienic production of poultry meat for human consumption). AS 4466 means AS 4466—1997 (Australian standard for hygienic production of rabbit meat for human consumption). AS 4467 means AS 4467—1998 (Australian standard for hygienic production of crocodile meat for human consumption). AS 5008 means AS 5008—2001 (Australian standard for hygienic rendering of animal products). AS 5010 means AS 5010—2001 (Australian standard for hygienic production of ratite (emu/ostrich) meat for human consumption). AS 5011 means AS 5011—2001 (Australian standard for hygienic production of natural casings for human consumption). assistance animals see the Disability Discrimination Act 1992 (Cwlth), section 9. bivalve molluscs 1 Bivalve mollusc includes a cockle, clam, mussel, oyster, pipi and scallop, intended for human consumption. 2 The term does not include— (a) a scallop or pearl oyster, if the only part consumed is the adductor muscle; or (b) a juvenile bivalve mollusc taken for the sole purpose of growing on. CAR see section 51(2). Current as at 1 January 2014 Page 135
Food Production (Safety) Regulation 2002 Schedule 6 Page 136 carcass (a) means the body, or any part of the body, of a dead animal whether in an uncooked, partly cooked or cooked state; and (b) includes meat, bone, hide, skin, wool, hair, feathers, hoof, horn and viscera. chemical product see the Chemical Usage (Agricultural and Veterinary) Control Act 1988 , schedule. commercial fishing boat means a boat authorised for the taking of fish for trade or commerce under a law of the Commonwealth or a State. commercial user means a place of business that prepares eggs or egg products for immediate human consumption. compliance audit , for an accreditation holder’s program, means an audit of an accreditation holder’s program to ensure— (a) the program complies with the scheme; and (b) the holder is maintaining the program under the scheme. compulsory standard see section 4(1). contaminate , for primary produce— (a) means to transmit matter to the produce that may affect the acceptability of the produce; and (b) includes to transmit the matter to any surface that may come into contact with the produce. control measure see section 8. cracked , for an egg shell, means it contains cracks that are visible, or visible by candling. critical control point see section 8. critical nonconformance see section 44(3). dairy means premises used for the production of milk from an animal. dairy scheme see section 55(1). Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Schedule 6 depot means premises used for the sampling, testing, processing by chilling only and refrigerated storage of dairy produce for distribution to the wholesale market. depuration means a process using a controlled environment to reduce the level of particular pathogenic organisms that may be present in live crustaceans or shellfish. dressing , of an animal, means the progressive separation of the animal’s body into a carcass (or parts of a carcass), offal and inedible material. Examples of inedible material head, hide, feathers, feet and viscera egg means a bird egg. egg processor means a person who— (a) engages in an activity mentioned in section 87B(d), (f), (g) or (i); or (b) receives eggs from an egg producer. egg producer means a person who produces eggs, whether or not the person grades, packs, washes, candles, oils or stores the eggs. egg product means all or part of the content of an egg in dried, frozen or liquid form. egg production identification , for a person, means the person’s unique identification, approved and registered by Safe Food, as an egg producer. Example of unique identification a mark, or code, whether or not it includes the egg producer’s accreditation number egg scheme see section 87A. external environmental condition includes an odour, dust, airflow, steam, smoke (other than smoke from a smoking process for meat), condensation, waste and a hazardous material. Current as at 1 January 2014 Page 137
Food Production (Safety) Regulation 2002 Schedule 6 Page 138 factory (a) means premises, other than a depot, used for processing dairy produce intended for sale; but (b) does not include a dairy where unpasteurised milk is produced or packaged. field dressing , of an animal, means the partial separation of the animal’s body into a carcass (or parts of a carcass) if the hide remains on the animal. further processing , for meat, means processing (other than cooling) that extends the shelf life of the meat. Examples 1 making ready-to-eat meat 2 modified atmosphere packaging game box means premises or a vehicle used for chilling wild game. game box operator means a person accredited under the meat scheme to use a game box. goat milk means milk of a goat. growing on means the process of translocating a juvenile bivalve mollusc to enable it to develop before it is sold. handling , in relation to poultry, includes the producing (including rearing, harvesting or catching), collecting, extracting, processing, manufacturing, storing, live transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of poultry for human consumption. harvesting means the capture or taking of seafood and includes the capture or taking of seafood from an enclosure or pond used in aquaculture. hazard , for chapter 4, part 2, division 7, see section 133B. hazardous material means a biological, chemical or physical agent with the potential to cause an adverse effect in a human or an animal. high risk see section 43(5). Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Schedule 6 holding , for an animal, means a run, station, feedlot, farm or place where the animal is fed, pastured or grazed immediately before it is killed at an abattoir. inputs , for chapter 4, part 2, division 7, see section 133B. killing , of an animal, includes stunning, sticking and bleeding. low risk see section 43(3). major nonconformance see section 44(2). management statement means a management statement prepared under a food safety scheme. manufacturer means a person who uses eggs or egg products in manufacturing a product intended for human or animal consumption. meal means a defatted and dried solid product of rendering after milling. meat product means anything made from meat by processing and includes ready-to-eat meat, a pet meat product and a rendered product. meat retail premises means retail premises, or part of a retail premises, on or from which meat processing is carried out, or meat is sold, other than retail premises on or from which all meat sold on the premises is sold ready for immediate consumption. Example of part of a retail premises a meat section in a supermarket meat retail vehicle means a vehicle on or from which meat is sold, other than meat ready for immediate consumption. meat scheme see section 88. meat standards code means the Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption approved by the Agriculture and Resource Management Council of Australia and New Zealand. medium risk see section 43(4). minor nonconformance see section 44(1). Current as at 1 January 2014 Page 139
Food Production (Safety) Regulation 2002 Schedule 6 monitor 1 Monitor , in relation to compliance with a food safety scheme, is to carry out activities, including, for example, by auditing, investigating or verification, or by oversight or surveillance of an accreditation holder’s business, to ensure the holder is complying with the scheme. 2 In item 1, verification is the application of a method, procedure, test or other tool for evaluation to decide whether a program or management statement complies with the food safety scheme. nonconformance audit see section 51(3)(c). off-farm sale means the sale of an egg from an egg production farm direct to the public or a retailer. operational performance see section 8. owner , of premises, means a person who carries on a business of selling primary produce from the premises. pasteurised means treated— (a) by heating to a temperature of at least 72ºC, keeping at or above the temperature for at least 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. pet food means dairy produce intended for animal consumption. pet meat means meat intended for animal consumption. pet meat product means ready-to-eat meat intended for animal consumption. place of production , for an animal, means the place where the animal has been reared before the animal arrives at a holding. poultry , for chapter 4, part 2, division 7, see section 133B. Page 140 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Schedule 6 poultry handler , for chapter 4, part 2, division 7, see section 133B. poultry meat means the parts of a poultry carcass intended for human consumption. poultry processor , for chapter 4, part 2, division 7, see section 133B. poultry producer , for chapter 4, part 2, division 7, see section 133B. poultry product , for chapter 4, part 2, division 7, see section 133B. post mortem disposition , for a carcass, means a classification of the parts of the carcass into the following— (a) meat for human consumption; (b) meat for animal consumption; (c) the remainder of the carcass that can not be used for human or animal consumption. preferred supplier arrangement means an arrangement— (a) between— (i) an egg producer accredited under the egg scheme and an egg processor accredited under the scheme; or (ii) a poultry producer and a poultry processor; and (b) under which— (i) the egg producer supplies eggs exclusively to the egg processor; or (ii) the poultry producer supplies poultry exclusively to the poultry processor; and (c) approved under— (i) the egg producer’s approved management statement and the egg processor’s approved program; or Current as at 1 January 2014 Page 141
Food Production (Safety) Regulation 2002 Schedule 6 (ii) the poultry producer’s approved management statement and the poultry processor’s approved program. prepackaged meat means meat fully enclosed in a sealed package that— (a) prevents the escape of anything that might be exuded from the meat, including anything exuded if the meat were to thaw; and (b) is made of durable material and resistant to breakage during normal handling; and (c) is sealed so that any opening and re-sealing of the package will be easily seen; and (d) displays the accreditation number under which the meat was packaged. processing (a) for chapter 4, part 2, division 7, see section 133B; or (b) of seafood, includes the following— (i) cutting into portions, dismembering, filleting, gilling, gutting, killing or skinning seafood; (ii) depuration of crustaceans or shellfish; (iii) peeling or shucking seafood; (iv) boiling of crustaceans; (v) adding brine to seafood; (vi) freezing, refrigerating, packing, storing, treating or washing seafood. processing activity includes cleaning, maintaining, sanitising, killing an animal, or doing anything to meat or a meat product, including, for example, deboning, portioning, mincing, freezing, chilling, marinating, crumbing, fully or partially cooking, rendering, manufacturing and packaging. processor , under a food safety scheme, means a person accredited under the scheme in the category of processor. Page 142 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Schedule 6 producer , under a food safety scheme, means a person accredited under the scheme in the category of producer. production , of seafood— (a) means any of the following— (i) catching, collecting, cultivating, growing, harvesting or picking seafood; (ii) growing on of seafood; (iii) delivering or transporting seafood; (iv) holding live seafood; (v) supplying seafood; and (b) includes the processing of seafood. program see section 9(2). ready-to-eat meat includes— (a) smallgoods; and (b) slow-cured meat; and (c) UCFM. rendered product means the meal and fat produced by rendering. rendering means the process of extracting fat from meat by heating the meat. risk assessment see section 12(2)(a). risk category see section 43(1). seafood handler means a person who engages in or supervises the production of seafood at seafood premises. seafood premises means any premises or vehicle at which an activity carried on at the premises or vehicle is the production of seafood. seafood scheme see section 134B(1). sewage , for chapter 4, part 2, division 7, see section 133B. show cause period see section 18(2)(h). Current as at 1 January 2014 Page 143
Food Production (Safety) Regulation 2002 Schedule 6 Page 144 significant food safety hazard , for primary produce, means a food safety hazard that has the potential to make the produce unacceptable. significant food safety matter see section 21(1). sticking , of an animal, means severing the animal’s large blood vessels. stock food means a basic food, or food mixture for feeding to an animal. stunning , of an animal, means a procedure to make the animal unconscious and insensible to pain. temperature control , for seafood, means maintaining seafood at a temperature of— (a) 5ºC or below, if necessary to minimise the growth of infectious or toxicogenic micro-organisms in the seafood to ensure the microbiological safety of the food will not be adversely affected while the food is at the temperature; or (b) more than 5ºC, if maintenance of the seafood at the temperature, for the period for which it will be maintained, will not adversely affect the microbiological safety of the food. transport includes loading primary produce onto, and unloading primary produce from, a vehicle. transporter means— (a) for the egg scheme—a person accredited under the scheme to transport eggs or egg products by vehicle; or (b) for the meat scheme—a person accredited under the scheme to transport meat or meat products by vehicle. treating seafood, includes the following— (a) enhancing the appearance of the seafood; (b) dealing with the seafood solely to kill bacteria or germs in the seafood. UCFM means a comminuted fermented meat that has not had its core temperature maintained at 65ºC for at least 10 minutes Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Schedule 6 or an equivalent combination of time and higher temperature during production, whether or not the meat has been heated. unsuitable means— (a) for pet meat, a pet meat product or a rendered product for animal consumption—the meat or product is in a condition, or contains a substance, a person would ordinarily regard as making the meat or product unfit for animal consumption; or (b) for seafood—the seafood is in a condition, or contains a substance, a person would ordinarily regard as making the seafood unfit for human consumption; or (c) for poultry or a poultry product—see section 133C. unwholesome , for meat or ready-to-eat meat for human consumption, means the meat or ready-to-eat meat are in a condition, or contain a substance, a consumer would ordinarily regard as making the meat or ready-to-eat meat unfit for human consumption. validation means— (a) confirming scientifically the effectiveness of a control measure to prevent or eliminate a food safety hazard— (i) at each critical control point for the processing of primary produce; or (ii) at intervals or stages of a treatment of primary produce; and (b) providing objective evidence to prove the control measure is operating within the specifications stated in a program or management statement. wild animal means an animal, living in a wild state and not under artificial confinement. wild animal harvester , under the seafood scheme, means a person accredited under the scheme in the category of wild animal harvester. wild game harvester means a person accredited under the meat scheme to kill wild animals for meat. Current as at 1 January 2014 Page 145
Food Production (Safety) Regulation 2002 Schedule 6 withholding period means the period between the application of a chemical treatment and when the residue level of the chemical would not be greater than the MRLs specified in the food standards code, Part 1.4 Contaminants and Residues , Standard 1.4.2 Maximum Residue Limits . Page 146 Current as at 1 January 2014
Endnotes Food Production (Safety) Regulation 2002 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .147 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .147 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .148 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .149 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .151 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 2014. Future amendments of the Food Production (Safety) Regulation 2002 may be made in accordance with this reprint under the Reprints Act 1992 , section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num 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 = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Current as at 1 January 2014 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2012 = subordinate legislation = substituted = unnumbered Page 147
Food Production (Safety) Regulation 2002 Endnotes 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A 1B 1C 1D 1E 1F 2 2A 2B rv 2C rv 2D 2E 3 3A 3B 3C 3D 3E 3F 3G 3H Amendments included none 2003 SL No. 311 2004 SL No. 320 2004 SL No. 218 2004 SL No. 320 2005 SL No. 245 2005 SL No. 245 2006 SL No. 246 2006 SL No. 278 2006 SL No. 278 2007 SL No. 232 2008 SL No. 432 2008 SL No. 314 2009 SL No. 33 2009 SL No. 33 2009 SL No. 230 2009 SL No. 230 2010 SL No. 288 2011 SL No. 225 2012 SL No. 101 2012 SL No. 171 Effective 1 January 2003 5 December 2003 17 December 2004 1 January 2005 1 July 2005 7 October 2005 1 January 2006 1 January 2006 30 October 2006 17 November 2006 1 January 2007 1 January 2008 12 December 2008 1 January 2009 17 April 2009 1 July 2009 23 October 2009 1 January 2010 1 January 2011 1 January 2012 13 July 2012 1 January 2013 Notes R1F withdrawn, see R2 Current as at 1 January 2014 Amendments included 2013 SL No. 199 Notes Page 148 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Endnotes 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Food Production (Safety) Regulation 2002 SL No. 353 made by the Governor in Council on 12 December 2002 notfd gaz 13 December 2002 pp 1266–69 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2003 (see s 2) exp 31 August 2014 (see SIA s 56A(2) and SIR s 3 sch 2 pt 2) Notes—(1) The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. (2) Two regulatory impact statements and an explanatory note were prepared. amending legislation— State Penalties Enforcement and Another Regulation Amendment Regulation (No. 1) 2003 SL No. 311 s 1 pt 2 notfd gaz 5 December 2003 pp 1114–17 commenced on date of notification Food Production (Safety) Amendment Regulation (No. 1) 2004 SL No. 218 notfd gaz 15 October 2004 pp 557–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2005 (see s 2) Food Production (Safety) Amendment Regulation (No. 2) 2004 SL No. 320 notfd gaz 17 December 2004 pp 1277–85 ss 1–2, 8 (to the extent it ins new ch 3A hdg and s 87F), 9 commenced on date of notification (see s 2) remaining provisions commenced 1 July 2005 (see s 2) Note—A regulatory impact statement and explanatory note were prepared. Food Production (Safety) Amendment Regulation (No. 1) 2005 SL No. 245 notfd gaz 7 October 2005 pp 507–9 ss 1–2 commence on date of notification pt 3 commenced 1 January 2006 (see s 2) remaining provisions commenced on date of notification Education (General Provisions) Regulation 2006 SL No. 246 ss 1, 2(3), 90(1) sch 1 notfd gaz 6 October 2006 pp 577–80 ss 1–2 commenced on date of notification remaining provisions commenced 30 October 2006 (see s 2(3)) Current as at 1 January 2014 Page 149
Food Production (Safety) Regulation 2002 Endnotes Food Production (Safety) Amendment Regulation (No. 1) 2006 SL No. 278 notfd gaz 17 November 2006 pp 1321–2 ss 1–2 commenced on date of notification s 6 commenced 1 January 2007 (see s 2) remaining provisions commenced on date of notification Primary Industries Legislation Amendment Regulation (No. 2) 2007 SL No. 232 pts 1, 8 notfd gaz 21 September 2007 pp 447–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2008 (see s 2(2)) Primary Industries and Fisheries Legislation Amendment Regulation (No. 1) 2008 SL No. 314 pts 1, 9 notfd gaz 19 September 2008 pp 407–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2009 (see s 2) Food Production (Safety) Amendment Regulation (No. 1) 2008 SL No. 432 notfd gaz 12 December 2008 pp 2044–53 commenced on date of notification Primary Industries and Fisheries Legislation Amendment Regulation (No. 1) 2009 SL No. 33 ss 1, 2(1), pt 7 notfd gaz 17 April 2009 pp 1775–6 ss 1–2 commenced on date of notification ss 46–47, 49, 52, 58 (other than to the extent it ins ch 4A hdg, s 134H), 60 (to the extent it ins ss 137–138), 61–62, 63 (other than to the extent it ins def production ) commenced 1 July 2009 (see s 2(1)) remaining provisions commenced on date of notification Note—A regulatory impact statement and explanatory note were prepared. Food Production (Safety) Amendment Regulation (No. 1) 2009 SL No. 230 notfd gaz 23 October 2009 pp 594–5 s 5 commenced 1 January 2010 (see s 2) remaining provisions commenced on date of notification Food Production (Safety) Amendment Regulation (No. 1) 2010 SL No. 288 notfd gaz 15 October 2010 pp 431–2 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2011 (see s 2) Food Production (Safety) Amendment Regulation (No. 1) 2011 SL No. 225 notfd gaz 11 November 2011 pp 495–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2012 (see s 2) Food Production (Safety) Amendment Regulation (No. 1) 2012 SL No. 101 notfd gaz 13 July 2012 pp 820–5 commenced on date of notification Page 150 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Endnotes Food Production (Safety) Amendment Regulation (No. 2) 2012 SL No. 171 notfd gaz 5 October 2012 pp 182–3 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2013 (see s 2) Food Production (Safety) Amendment Regulation (No. 1) 2013 SL No. 199 notfd <www.legislation.qld.gov.au> 11 October 2013 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2014 (see s 2) 6 List of annotations CHAPTER 2—FOOD SAFETY SCHEMES Compulsory standard and advisory standard s 4 amd 2004 SL No. 320 s 4 Complying with compulsory standard s 5 amd 2008 SL No. 432 s 3 Complying with advisory standard s 6 amd 2008 SL No. 432 s 4 PART 1A—ACCREDITATIONS REGISTER pt 1A (ss 7A–7D) ins 2008 SL No. 432 s 5 PART 2—FOOD SAFETY PROGRAMS AND MANAGEMENT STATEMENTS pt hdg amd 2008 SL No. 432 s 6 Definitions for pt 2 s 8 def validation om 2008 SL No. 432 s 7 Division 2—Preparation and maintenance of programs and management statements div hdg amd 2008 SL No. 432 s 8 Preparation of programs and management statements prov hdg amd 2008 SL No. 432 s 9(1) s 9 amd 2008 SL No. 432 s 9(2)–(3); 2009 SL No. 33 s 46 Management statements s 9A ins 2008 SL No. 432 s 10 Approving management statements s 9B ins 2008 SL No. 432 s 10 Maintenance of programs and management statements prov hdg amd 2008 SL No. 432 s 11(1) s 10 amd 2008 SL No. 432 s 11(2)–(3) Record keeping requirements s 16 amd SL 2004 SL No. 320 s 5; 2008 SL No. 432 s 12; 2009 SL No. 33 s 47; 2012 SL No. 101 s 2 sch Current as at 1 January 2014 Page 151
Food Production (Safety) Regulation 2002 Endnotes Division 5—Amendment of programs and management statements div hdg amd 2008 SL No. 432 s 13 Power to amend s 17 amd 2008 SL No. 432 s 14 Notice of proposed amendment s 18 amd 2008 SL No. 432 s 15 Holder’s obligation to make decided amendment s 20 amd 2008 SL No. 432 s 16 When holder may amend s 21 amd 2008 SL No. 432 s 17 Deciding application s 23 amd 2008 SL No. 432 s 18 Fees for accreditation and approval as auditor s 26 amd 2004 SL No. 218 s 4 Fees for accreditation s 27 amd 2012 SL No. 101 s 3; 2013 SL No. 199 s 4 Exemptions from fees for accreditation s 27A ins 2005 SL No. 245 s 4 amd 2006 SL No. 246 s 90(1) sch 1; 2009 SL No. 230 s 4; 2012 SL No. 101 s 4 Fees for approval as auditor s 28 amd 2005 SL No. 245 s 5; 2013 SL No. 199 s 5 Waiver of prescribed fee for approval as auditor s 28A ins 2009 SL No. 33 s 48 Payment of renewal fee s 29 amd 2006 SL No. 278 s 4; 2012 SL No. 101 s 5 Application of pt 4 s 31 amd 2004 SL No. 320 s 6; 2009 SL No. 33 s 49 Complying with compulsory or advisory standard s 31A ins 2008 SL No. 432 s 19 Skills and knowledge for persons processing primary produce s 32 amd 2008 SL No. 432 s 20 Transporting primary produce s 33 amd 2008 SL No. 432 s 21 Water supply s 34 amd 2008 SL No. 432 s 22 PART 5—MONITORING COMPLIANCE WITH FOOD SAFETY SCHEMES pt hdg sub 2008 SL No. 432 s 23 Page 152 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Endnotes Division 1AA—Monitoring div 1AA (ss 40A–40B) ins 2008 SL No. 432 s 24 Division 1—General auditing requirement div hdg amd 2009 SL No. 33 s 50 Audits of program s 41 om 2009 SL No. 33 s 51 Frequency of audits for risk category s 43 amd 2004 SL No. 320 s 7; 2009 SL No. 33 s 52 Audits for grant of accreditation—low risk s 45 amd 2008 SL No. 432 s 25 Audits for grant of accreditation—medium risk s 46 amd 2008 SL No. 432 s 26 Audits for grant of accreditation—high risk s 47 amd 2008 SL No. 432 s 27 Audits for renewal of accreditation—low risk s 48 amd 2008 SL No. 432 s 28 Audits for renewal of accreditation—medium risk s 49 amd 2008 SL No. 432 s 29 Audits for renewal of accreditation—high risk s 50 amd 2008 SL No. 432 s 30 Safe Food may vary frequency of audits s 50A ins 2008 SL No. 432 s 31 Identification of minor or major nonconformance s 51 amd 2008 SL No. 432 s 32 Identification of critical nonconformance s 52 amd 2008 SL No. 432 s 33 Division 5—Nonconformance with management statements div 5 (s 53) sub 2008 SL No. 432 s 34 CHAPTER 3—DAIRY SCHEME PART 1A—CATEGORIES OF ACCREDITATION AND PROGRAMS pt hdg ins 2008 SL No. 432 s 35 Categories of accreditation s 57A ins 2008 SL No. 432 s 35 Requirement for program or management statement prov hdg ins 2008 SL No. 432 s 35 amd 2009 SL No. 33 s 53(1) s 57B ins 2008 SL No. 432 s 35 amd 2009 SL No. 33 s 53(2)–(3) Current as at 1 January 2014 Page 153
Food Production (Safety) Regulation 2002 Endnotes Complying with compulsory or advisory standard s 58A ins 2008 SL No. 432 s 36 General food safety requirement for production of milk at dairy s 59A ins 2008 SL No. 432 s 37 Milk supplied must be free of chemical contaminants s 62 amd 2006 SL No. 278 s 5 General food safety requirement for processing dairy produce at depot or factory prov hdg sub 2008 SL No. 432 s 38(1) s 69 amd 2008 SL No. 432 s 38(2) Division 6—Auditing requirements div 6 (s 86) om 2009 SL No. 33 s 54 CHAPTER 3A—EGG SCHEME PART 1—CONTENTS OF EGG SCHEME pt 1 (ss 87A–87C) ins 2004 SL No. 320 s 8 PART 1A—CATEGORIES OF ACCREDITATION, PROGRAMS AND MANAGEMENT STATEMENTS pt hdg ins 2008 SL No. 432 s 39 Categories of accreditation s 87CA ins 2008 SL No. 432 s 39 Requirement for program or management statement s 87CB ins 2008 SL No. 432 s 39 amd 2009 SL No. 33 s 55 PART 2—FOOD SAFETY REQUIREMENTS pt hdg ins 2004 SL No. 320 s 8 Division 1—Preliminary div hdg ins 2004 SL No. 320 s 8 Application of pt 2 s 87D ins 2004 SL No. 320 s 8 Complying with compulsory or advisory standard s 87DA ins 2008 SL No. 432 s 40 Division 2—General div hdg ins 2004 SL No. 320 s 8 Subdivision 1—Information requirements sdiv hdg ins 2004 SL No. 320 s 8 Information to be contained in food safety program—Act, s 41(2)(f) prov hdg ins 2004 SL No. 320 s 8 amd 2008 SL No. 432 s 41 s 87E ins 2004 SL No. 320 s 8 Page 154 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Endnotes Information about production business to be given to Safe Food s 87F ins 2004 SL No. 320 s 8 om 2008 SL No. 432 s 42 Subdivision 2—Egg production activities sdiv hdg ins 2004 SL No. 320 s 8 Birds must be free of disease s 87G ins 2004 SL No. 320 s 8 Stock food for consumption by birds s 87H ins 2004 SL No. 320 s 8 Eggs supplied must be free of chemical contaminants s 87I ins 2004 SL No. 320 s 8 Identifying eggs and egg products s 87J ins 2004 SL No. 320 s 8 amd 2008 SL No. 432 s 43; 2009 SL No. 33 s 56 Supplying eggs s 87K ins 2004 SL No. 320 s 8 Supplying egg products s 87L ins 2004 SL No. 320 s 8 Pasteurising egg products s 87M ins 2004 SL No. 320 s 8 Division 3—Records div 3 (ss 87N–87O) ins 2004 SL No. 320 s 8 Division 4—Register of egg producers div 4 (s 87P) ins 2004 SL No. 320 s 8 om 2008 SL No. 432 s 44 CHAPTER 4—MEAT SCHEME PART 1—CONTENTS OF MEAT SCHEME What meat scheme applies for s 88 sub 2012 SL No. 101 s 6 Aspects of production of primary produce to which scheme applies prov hdg sub 2012 SL No. 101 s 7(1) s 89 amd 2008 SL No. 432 s 45; 2012 SL No. 101 ss 7(2)–(5), 2 sch PART 1A—CATEGORIES OF ACCREDITATION, PROGRAMS MANAGEMENT STATEMENTS pt hdg ins 2008 SL No. 432 s 46 Categories of accreditation s 89A ins 2008 SL No. 432 s 46 amd 2012 SL No. 101 s 8 Requirement for program or management statement s 89B ins 2008 SL No. 432 s 46 AND Current as at 1 January 2014 Page 155
Food Production (Safety) Regulation 2002 Endnotes amd 2009 SL No. 33 s 57; 2012 SL No. 101 s 9 PART 2—FOOD SAFETY REQUIREMENTS Complying with compulsory or advisory standard s 90A ins 2008 SL No. 432 s 47 Identifying source of animal s 94 amd 2003 SL No. 311 s 4 Chilling carcass of animal killed at abattoir s 103 amd 2008 SL No. 432 s 48 Chilling animal killed in the wild s 104 sub 2008 SL No. 432 s 49 Receiving animal killed in the wild s 105 amd 2008 SL No. 432 s 50 Staining meat for animal consumption s 106 amd 2008 SL No. 432 s 51; 2012 SL No. 101 s 2 sch Division 4—Further processing Further processing of meat and pet meat s 108 amd 2012 SL No. 101 s 2 sch Subdivision 2—Meat and ready-to-eat meat for human consumption sdiv hdg amd 2012 SL No. 101 s 2 sch Application of sdiv 2 s 109 amd 2012 SL No. 101 s 2 sch General food safety requirement for the production of ready-to-eat meat prov hdg amd 2012 SL No. 101 s 2 sch s 109A ins 2008 SL No. 432 s 52 amd 2012 SL No. 101 s 2 sch Receiving contaminated meat, ready-to-eat meat and ingredients prov hdg amd 2012 SL No. 101 s 2 sch s 110 amd 2012 SL No. 101 s 2 sch Identifying and separating meat not for human consumption s 111 amd 2012 SL No. 101 s 2 sch Ingredients used for processing meat and ready-to-eat meat prov hdg amd 2012 SL No. 101 s 2 sch s 112 amd 2012 SL No. 101 s 2 sch Hazardous material s 113 amd 2012 SL No. 101 s 2 sch Contamination of meat and ready-to-eat meat prov hdg amd 2012 SL No. 101 s 2 sch s 114 amd 2012 SL No. 101 s 2 sch Page 156 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Endnotes Contamination of ready-to-eat meat by meat prov hdg amd 2012 SL No. 101 s 2 sch s 115 amd 2012 SL No. 101 s 2 sch Identifying and separating meat for animal consumption and unacceptable meat s 118 amd 2012 SL No. 101 s 2 sch Division 6—Records and prepackaging Subdivision 2—Meat and ready-to-eat meat for human consumption sdiv hdg amd 2012 SL No. 101 s 2 sch Records to be kept about meat and ready-to-eat meat prov hdg amd 2012 SL No. 101 s 2 sch s 129 amd 2012 SL No. 101 s 2 sch Labelling meat and ready-to-eat meat prov hdg amd 2012 SL No. 101 s 2 sch s 130 amd 2012 SL No. 101 s 2 sch Division 7—Additional provisions for poultry meat div hdg ins 2012 SL No. 101 s 10 Subdivision 1—Preliminary sdiv 1 (ss 133A–133C) ins 2012 SL No. 101 s 10 Subdivision 2—Food safety requirements—production of poultry sdiv 2 (ss 133D–133L) ins 2012 SL No. 101 s 10 Subdivision 3—Food safety requirements—processing of poultry sdiv 3 (ss 133M–133T) ins 2012 SL No. 101 s 10 CHAPTER 4A—SEAFOOD SCHEME ch hdg ins 2009 SL No. 33 s 58 PART 1—PRELIMINARY pt 1 (s 134A) ins 2009 SL No. 33 s 58 PART 2—CONTENTS OF SEAFOOD SCHEME pt hdg ins 2009 SL No. 33 s 58 Seafood scheme applies for particular seafood s 134B ins 2009 SL No. 33 s 58 Production of seafood for which seafood scheme applies s 134C ins 2009 SL No. 33 s 58 Production of seafood for which seafood scheme does not apply 134D ins 2009 SL No. 33 s 58 amd 2012 SL No. 101 s 11 PART 3—CATEGORIES OF ACCREDITATION, MANAGEMENT STATEMENTS pt 3 (ss 134E–134F) ins 2009 SL No. 33 s 58 PROGRAMS AND Current as at 1 January 2014 Page 157
Food Production (Safety) Regulation 2002 Endnotes PART 4—FOOD SAFETY REQUIREMENTS pt 4 (ss 134G–134X) ins 2009 SL No. 33 s 58 CHAPTER 5—TRANSITIONAL PROVISIONS ch hdg ins 2004 SL No. 320 s 9 sub 2009 SL No. 33 s 59 PART 1—TRANSITIONAL PROVISION FOR FOOD PRODUCTION (SAFETY) AMENDMENT REGULATION (No. 2) 2004 pt hdg ins 2009 SL No. 33 s 59 Application of s 87F before 1 July 2005 s 135 ins 2004 SL No. 320 s 9 PART 2—TRANSITIONAL PROVISIONS FOR PRIMARY INDUSTRIES AND FISHERIES LEGISLATION AMENDMENT REGULATION (No. 1) 2009 pt 2 (ss 136–138) ins 2009 SL No. 33 s 60 SCHEDULE 1—FEES sub 2004 SL No. 218 s 5 amd 2004 SL No. 320 s 10; 2005 SL No. 245 s 6 sub 2005 SL No. 245 s 7; 2006 SL No. 278 s 6; 2007 SL No. 232 s 16; 2008 SL No. 314 s 29 amd 2009 SL No. 33 s 61 sub 2009 SL No. 230 s 5; 2010 SL No. 288 s 4; 2011 SL No. 225 s 4; 2012 SL No. 171 s 4; 2013 SL No. 199 s 6 SCHEDULE 2—STANDARDS FOR DAIRY SCHEME amd 2006 SL No. 278 s 7; 2008 SL No. 432 s 53 SCHEDULE 3A—STANDARDS FOR EGG SCHEME ins 2004 SL No. 320 s 11 amd 2011 SL No. 225 s 5 SCHEDULE 3B—RISK CATEGORIES FOR EGG SCHEME ins 2004 SL No. 320 s 11 SCHEDULE 4—STANDARDS FOR MEAT SCHEME amd 2006 SL No. 278 s 8; 2008 SL No. 432 s 54; 2011 SL No. 225 s 6; 2012 SL No. 101 s 2 sch SCHEDULE 5—RISK CATEGORIES FOR MEAT SCHEME amd 2012 SL No. 101 s 12 SCHEDULE 5A—RISK CATEGORIES FOR SEAFOOD SCHEME ins 2009 SL No. 33 s 62 SCHEDULE 5B—ACTIVITIES FOR SEAFOOD SCHEME ins 2009 SL No. 33 s 62 amd 2009 SL No. 230 s 6 SCHEDULE 6—DICTIONARY def acceptable amd 2004 SL No. 320 s 12(2); 2009 SL No. 33 s 63(3); 2012 SL No. 101 s 13(3) Page 158 Current as at 1 January 2014
Food Production (Safety) Regulation 2002 Endnotes def accreditations register ins 2008 SL No. 432 s 55(2) def approved management statement ins 2008 SL No. 432 s 55(2) def APVMA ins 2006 SL No. 278 s 9(2) def aquaculture facility ins 2009 SL No. 33 s 63(2) def AS 3993 ins 2006 SL No. 278 s 9(2) def AS 3993.1 om 2006 SL No. 278 s 9(1) def bivalve molluscs ins 2009 SL No. 33 s 63(2) def commercial fishing boat ins 2009 SL No. 33 s 63(2) sub 2009 SL No. 230 s 7 def commercial user ins 2004 SL No. 320 s 12(1) def cracked ins 2004 SL No. 320 s 12(1) def depuration ins 2009 SL No. 33 s 63(2) def egg ins 2004 SL No. 320 s 12(1) def egg processor ins 2004 SL No. 320 s 12(1) def egg producer ins 2004 SL No. 320 s 12(1) def egg product ins 2004 SL No. 320 s 12(1) def egg production identification ins 2004 SL No. 320 s 12(1) def egg scheme ins 2004 SL No. 320 s 12(1) def food safety hazard om 2008 SL No. 432 s 55(1) def food standards code om 2008 SL No. 432 s 55(1) def further processing amd 2012 SL No. 101 s 2 sch def game box ins 2008 SL No. 432 s 55(2) def game box operator ins 2008 SL No. 432 s 55(2) def growing on ins 2009 SL No. 33 s 63(2) def handling ins 2012 SL No. 101 s 13(2) def harvesting ins 2009 SL No. 33 s 63(2) def hazard ins 2012 SL No. 101 s 13(2) def inputs ins 2012 SL No. 101 s 13(2) def management statement ins 2008 SL No. 432 s 55(2) def manufacturer ins 2004 SL No. 320 s 12(1) def meat product amd 2012 SL No. 101 s 2 sch def mixed retail premises om 2009 SL No. 33 s 63(1) def monitor ins 2008 SL No. 432 s 55(2) def MRLs om 2008 SL No. 432 s 55(1) def NRA om 2006 SL No. 278 s 9(1) def off-farm sale ins 2004 SL No. 320 s 12(1) def pet meat product amd 2012 SL No. 101 s 2 sch def poultry ins 2012 SL No. 101 s 13(2) def poultry handler ins 2012 SL No. 101 s 13(2) def poultry meat 2012 SL No. 101 s 13(2) def poultry processor ins 2012 SL No. 101 s 13(2) def poultry producer ins 2012 SL No. 101 s 13(2) def poultry product ins 2012 SL No. 101 s 13(2) def preferred supplier arrangement ins 2004 SL No. 320 s 12(1) sub 2012 SL No. 101 s 13(1)–(2) def processing ins 2009 SL No. 33 s 63(2) sub 2012 SL No. 101 s 13(1)–(2) def processing activity sub 2012 SL No. 101 s 13(1)–(2) Current as at 1 January 2014 Page 159
Food Production (Safety) Regulation 2002 Endnotes def processor ins 2009 SL No. 33 s 63(2) amd 2012 SL No. 101 s 13(4) def producer om 2006 SL No. 278 s 9(1) ins 2009 SL No. 33 s 63(2) amd 2012 SL No. 101 s 13(4) def production ins 2009 SL No. 33 s 63(2) def ready-to-eat meat ins 2012 SL No. 101 s 13(2) def seafood handler ins 2009 SL No. 33 s 63(2) def seafood premises ins 2009 SL No. 33 s 63(2) def seafood scheme ins 2009 SL No. 33 s 63(2) def sewage ins 2012 SL No. 101 s 13(2) def temperature control ins 2009 SL No. 33 s 63(2) def transporter ins 2008 SL No. 432 s 55(2) def treating ins 2009 SL No. 33 s 63(2) def UCFM ins 2012 SL No. 101 s 13(2) def unsuitable sub 2009 SL No. 33 s 63(1)–(2) amd 2012 SL No. 101 s 13(5) def unwholesome amd 2012 SL No. 101 s 2 sch def validation , means—, ins 2008 SL No. 432 s 55(2) def validation , see section 8, om 2009 SL No. 230 s 7(1) def wild animal amd 2009 SL No. 33 s 63(4) def wild animal harvester ins 2009 SL No. 33 s 63(2) def wild game harvester ins 2009 SL No. 33 s 63(2) © State of Queensland 2014 Authorised by the Parliamentary Counsel Page 160 Current as at 1 January 2014