Food Regulation 2010

Her Excellency the Governor, with the advice of the Executive Council and with the approval of the Premier and the concurrence of the Attorney General, has made the following Regulation under the Food Act 2003.

STEVE WHAN, MPMinister for Primary Industries

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Food Regulation 2010.

2 Commencement and repeal

(1)  This Regulation commences on the day on which it is published on the NSW legislation website.

(2)  The Food Regulation 2004 is repealed on the commencement of this Regulation.

3 Definitions

(1)  In this Regulation:

approved means approved by the Food Authority.

dairy food safety scheme means the provisions of this Regulation prescribed as a food safety scheme by clause 40.

egg food safety scheme means the provisions of this Regulation prescribed as a food safety scheme by clause 150.

food handler means a person who directly engages in the handling of food for a food business.

food safety program means a food safety program certified under clause 34.

licence means a licence granted under Part 4.

meat food safety scheme means the provisions of this Regulation prescribed as a food safety scheme by clause 59.

NSW Food Safety Schemes Manual means the publication of that name published by the Food Authority, as in force from time to time.

plant products food safety scheme means the provisions of this Regulation prescribed as a food safety scheme by clause 103.

seafood safety scheme means the provisions of this Regulation prescribed as a food safety scheme by clause 112.

the Act means the Food Act 2003.

vulnerable persons food safety scheme means the provisions of this Regulation prescribed as a food safety scheme by clause 142.

(2)  Notes included in this Regulation do not form part of this Regulation.

Part 2 Miscellaneous

4 Enforcement agencies

(1)  For the purposes of the definition of enforcement agency in section 4 (1) of the Act, the Lord Howe Island Board constituted by the Lord Howe Island Act 1953 is prescribed, but only in respect of Lord Howe Island.

(2)  The Food Authority is prescribed as the appropriate enforcement agency for the purposes of sections 93, 95 and 100 of the Act.

5 Delegations

For the purposes of section 109E (1) (d) of the Act, the office of general manager of a local council is prescribed.

6 Improvement notice fee

For the purposes of section 66AA (1) of the Act, the prescribed fee is $330.

7 Payment for samples

For the purposes of section 68 of the Act, if the current market value of a sample of food exceeds $10, the amount payable for the sample concerned is $10.

8 Fee for application for approval as analyst

For the purposes of section 81 (3) (b) of the Act, the prescribed fee to accompany an application for an approval under Division 4 of Part 6 of the Act is $150.

9 Fee for food safety auditor application

For the purposes of section 87 (3) (b) of the Act, the prescribed fee is $800.

10 Food safety auditor reports

For the purposes of section 95 (2) (a) of the Act, the form set out in Schedule 1 is prescribed.

11 Charges for inspections of non-licensed food business

(1)  The charge payable for the carrying out by an authorised officer of a relevant enforcement agency of any inspection of a food business under section 37 of the Act (other than an inspection in relation to a licence or an application for a licence) is $250 per hour with a minimum charge of half an hour (excluding time spent in travelling).

(2)  The relevant enforcement agency may increase the amount referred to in subclause (1) annually in accordance with the annual percentage increase (if any) in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.

(3)  The charges payable under this clause are payable to the relevant enforcement agency whose authorised officer carried out the inspection under this clause.

(4)  The relevant enforcement agency may reduce or waive payment of a charge in a particular case or class of cases.

(5)  In this clause, relevant enforcement agency means any of the following:

(a)  the Food Authority,

(b)  in respect of the Kosciuszko National Park, the Director-General of the Department of Environment, Climate Change and Water,

(c)  in respect of Lord Howe Island, the Lord Howe Island Board constituted by the Lord Howe Island Act 1953,

(d)  a local council, but only in respect of an area that is not within a local government area.

12 Annual administration charge

(1)  An enforcement agency may impose an administration charge for a 12-month period on a person who carries on a food business that is not required to be licensed under the Act.

(2)  The charge is to be calculated in relation to each of the premises of the food business by reference to the number of full-time equivalent food handlers working at the premises indicated in Column 1 of the Table to this clause, as at the date the charge is imposed.

(3)  The amount of the charge must not exceed the maximum charge indicated in Column 2 of the Table to this clause.

(4)  A charge may only be imposed by an enforcement agency on a food business under this clause if the enforcement agency intends to carry out at least one inspection of the premises of the food business during the 12-month period to which the charge relates.

(5)  The enforcement agency is to issue each person who is liable to pay a charge under this clause with a notice in writing that specifies the following:

(a)  the amount of the charge,

(b)  the period for which the charge relates,

(c)  the period within which the charge must be paid.

(6)  The person liable to pay a charge under this clause must pay the charge within the period specified in the notice.

(7)  If the enforcement agency does not carry out at least one inspection of the premises of the food business during the 12-month period to which the charge relates, the enforcement agency must refund the charge paid (if any) by the person who carries on the food business.

(8)  Any charge paid under this clause in respect of a food business that, after the charge has been paid and before the expiration of the period to which the charge relates, becomes licensed under the Act, is to be refunded as an amount proportionate to the remainder of the period to which the charge relates.

(9)  The enforcement agency may, on the application of the person liable to pay a charge under this clause, extend the time for payment of the charge or reduce or waive payment of the charge.

(10)  This clause does not apply to a food business that operates for the sole purpose of raising funds for a community or charitable cause.

Table

Number of full-time equivalent food handlers working at premises	Maximum charge per premises
Up to and including 5	$390
More than 5 but not more than 50	$800
More than 50	$3,500

13 Payment of penalties and fines into Food Authority Fund—determination of the maximum amount

(1)  For the purposes of the definition of maximum amount in section 117D (3) of the Act, the maximum amount for a financial year is to be determined in accordance with the following formula:

 
where:

MA is the maximum amount for a financial year.

F is 50% of all fines and monetary penalties paid to the Food Authority in that financial year in proceedings instituted by the Food Authority in respect of offences under the Act or this Regulation.

(2)  In this clause:

fine does not include any costs (including expenses or disbursements) payable by a person under an order made by a court in proceedings for an offence under the Act or this Regulation.

proceedings instituted by the Food Authority means any proceedings instituted:

(a)  by the Food Authority, or

(b)  under the direction of the Food Authority, or

(c)  on behalf of the Food Authority, or

(d)  for the benefit of the Food Authority,

but does not include the issuing of a penalty notice under the Act.

14 Fee for application for change to register

For the purposes of section 133F (3) (b) of the Act, the prescribed fee to accompany an application for a change to the register kept under Part 10A of the Act is $55.

15 Offences

(1)  A breach of a provision of Parts 4–10 does not constitute an offence against this Regulation unless a penalty is provided in the provision.

(2)  Subclause (1) does not affect the operation of section 104 of the Act in relation to the provisions of this Regulation.

Note—

Section 104 of the Act makes it an offence (among other things):

(a)  for a person to handle food in a manner that contravenes a provision of a food safety scheme, and

(b)  for a person who carries on a food business or activity for which a licence is required by the regulations to carry on that food business or activity without such a licence, and

(c)  for the holder of a licence granted under the regulations to contravene or fail to comply with a condition of a licence.

16 Penalty notices

For the purposes of section 120 of the Act:

(a)  each offence arising under a provision specified in Column 1 of Schedule 2 is prescribed as a penalty notice offence, and

(b)  the prescribed penalty for such an offence is:

(i)  in the case of a penalty payable by an individual—the amount specified in relation to the offence in Column 2 of Schedule 2, and

(ii)  in the case of a penalty payable by a corporation—the amount specified in relation to the offence in Column 3 of Schedule 2.

Part 3 Provisions relating to Food Standards Code

17 Modification of Food Standards Code

(1)  A reference in the Food Standards Code:

(a)  to the relevant authority is to be read as a reference to the Food Authority, and

(b)  to the Act is to be read as a reference to the Food Act 2003, and

(c)  to the appropriate enforcement agency is to be read as a reference to the Food Authority, and

(d)  to demonstrate is to be read as a reference to demonstrate to the satisfaction of the Food Authority.

(2)  Standard 3.2.2 of the Food Standards Code is modified by inserting after clause 4 (4) the following subclause:

  

(5)  Subclause (1) does not apply to a food business in relation to food handling operations for fundraising events, that is, events:

(a)  that raise funds solely for community or charitable causes and not for personal financial gain, and

(b)  at which all the food sold is not potentially hazardous or is to be consumed immediately after thorough cooking.

Note—

Other modifications of the Food Standards Code that relate to a particular food safety scheme are contained in the relevant Part of this Regulation that contains provisions establishing that scheme.

18 Notifications of food handling operations

(1)  Expressions used in this clause have the same meaning as in Standard 3.1.1 of the Food Standards Code.

(2)  The Food Authority may make an arrangement with a local council for the council to accept notifications under clause 4 of Standard 3.2.2 of the Food Standards Code on behalf of the Food Authority and forward those notifications to the Food Authority.

(3)  A local council that performs the service of accepting and forwarding a notification under subclause (2) may charge a fee for that service not exceeding the following:

(a)  if the notification relates to 5 food premises or less—$50,

(b)  if the notification relates to more than 5 food premises—$10 per premises.

(4)  A notification under clause 4 of Standard 3.2.2 of the Food Standards Code may be made:

(a)  in a written form—directly to the Food Authority or to the Food Authority through a local council (under an arrangement made in accordance with subclause (2)), or

(b)  in an electronic form by way of the Internet—directly to the Food Authority.

(5)  A notification that is made in a written form directly to the Food Authority must be accompanied by a processing fee of:

(a)  if the notification relates to 5 food premises or less—$50, and

(b)  if the notification relates to more than 5 food premises—$10 per premises.

(6)  A notification under clause 4 of Standard 3.2.2 of the Food Standards Code is not duly made unless it is accompanied by any fee that is required under this clause.

Part 4 Food safety schemes—general provisions

Division 1 Interpretation

19 Definitions

In this Part:

food business means:

(a)  a dairy business within the meaning of Part 5, or

(b)  a meat business within the meaning of Part 6, or

(c)  a plant products business within the meaning of Part 7, or

(d)  a seafood business within the meaning of Part 8, or

(e)  a vulnerable persons food business within the meaning of Part 9, or

(f)  an egg business within the meaning of Part 10.

licence fee, in relation to a licence, means the fee determined for the licence in accordance with clause 29.

Division 2 Licensing of food businesses

20 Food business to be licensed

A person must not carry on a food business unless the person holds a licence authorising the carrying on of the food business.

21 Application for licence

(1)  A person may apply to the Food Authority for a licence to carry on a food business.

(2)  An application for a licence must:

(a)  be made in a form approved by the Food Authority, and

(b)  be accompanied by an application fee of $50, and

(c)  comply with any other requirements of this Regulation relating to applications for licences in respect of the type of food business concerned, and

(d)  be accompanied by the licence fee (other than a licence fee under Division 6 of Part 8) as calculated by the applicant in accordance with the information provided in the application form, and

(e)  be accompanied by such information as the Food Authority requires to determine the application.

(3)  The Food Authority may require further information to be provided by the applicant if the Food Authority considers that the information is necessary to determine the application.

22 Issue of licences

(1)  The Food Authority may, after considering an application for a licence:

(a)  grant the application, with or without conditions, or

(b)  refuse the application.

(2)  Without limiting the grounds on which the Food Authority may refuse to grant a licence, the Food Authority may refuse to grant a licence if it considers that there should be a food safety program for all or any of the food businesses proposed to be licensed and there is no such food safety program.

(3)  If the Food Authority decides to grant a licence but considers that the licence fee accompanying the application has been wrongly calculated by the applicant, the Food Authority must:

(a)  refund the amount of any overpayment by the applicant, or

(b)  give notice in writing of any additional amount that is required to be paid including a statement that the Food Authority may refuse to issue the licence until that amount is paid.

(4)  If the Food Authority grants an application for a licence, it must issue the licence to the applicant in a form that sets out the following:

(a)  the activities authorised by the licence,

(b)  the premises or vehicles on or in which such activities may be conducted,

(c)  the conditions to which the licence is subject.

Note—

The Act defines vehicle to mean any means of transport, whether self-propelled or not, and whether used on land or sea or in the air.

(5)  If the Food Authority refuses an application for a licence, it must give notice of the refusal in writing to the applicant setting out the reasons for the refusal and informing the applicant of the applicant’s rights of review under this Regulation.

(6)  If the Food Authority refuses an application for a licence, it is to refund any licence fee that was submitted by the applicant in connection with the application.

23 Duration of licence

(1)  A licence has effect for a period of one year after the date on which the licence was issued or last renewed, except during any period of suspension or unless sooner cancelled.

(2)  Despite subclause (1), if an application for renewal of a licence is made in accordance with this Regulation but the application is not finally determined before the expiry of the licence, the licence continues in force if not suspended or sooner cancelled until the application is finally determined.

24 Additional conditions of licence

In addition to any conditions of a licence imposed by the Food Authority under clause 22, it is a condition of a licence that the holder of the licence ensure that the provisions of the Act and this Regulation, and the relevant provisions of the Food Standards Code, are complied with in relation to the carrying on of any activity authorised by the licence and any premises or vehicle to which the licence relates.

25 Variation of terms and conditions of licence

(1)  The Food Authority may vary any term of a licence or any condition imposed by the Food Authority on a licence or may impose additional conditions on the licence.

(2)  The Food Authority may vary a term or condition of a licence, or impose an additional condition, only after having given the holder of the licence written notice of its intention to vary the term or condition or impose the additional condition setting out its reasons.

(3)  The notice must include a statement that the holder of the licence concerned may make submissions to the Food Authority in relation to the proposed variation or imposition of the condition within 14 days after the date of the notice.

(4)  Subclauses (2) and (3) do not apply to the variation of a term or condition of a licence, or imposition of a condition, on the application of the holder of the licence.

(5)  A variation of a term or condition of a licence or the imposition of a condition:

(a)  must be made by notice in writing, and

(b)  must be served on the holder of the licence, and

(c)  takes effect on the day on which the notice is served or on a later day specified in the notice.

(6)  The notice referred to in subclause (5) must set out the reasons for the variation or imposition of the condition and inform the holder of the licence of the rights of review under this Regulation.

(7)  The Food Authority may charge the holder of a licence who applies for a variation of the terms or conditions of the licence or imposition of a condition on the licence:

(a)  an application fee of not more than $50, and

(b)  if the Food Authority considers that any inspection or audit is required to enable it to determine the application properly, a charge for the inspection or audit in accordance with clause 37.

(8)  If the Food Authority varies a term or condition of a licence or imposes an additional condition on the licence, it is to issue the holder of the licence with a replacement licence that takes account of the variation or additional condition.

Note—

The holder of a licence will need to apply to the Food Authority for a variation under this clause of a term or condition of the licence if, for example, the holder proposes to change the activities authorised by the licence or the premises or vehicles on or in which such activities are conducted.

26 Suspension or cancellation of licence

(1)  The Food Authority may suspend or cancel a licence:

(a)  if the Food Authority is satisfied that the suspension or cancellation is necessary to avert a potential threat to food safety, or

(b)  if the Food Authority is satisfied that there has been a contravention of any provision of the Act or this Regulation in relation to the carrying on of the food business authorised by the licence, or

(c)  if the Food Authority is satisfied that a condition to which the licence is subject has been contravened, or

(d)  if the Food Authority is of the opinion that the food safety program for the food business is inadequate or is not being properly implemented, or

(e)  if any amount due to the Food Authority under the Act by the holder of the licence is unpaid, or

(f)  if the Food Authority is of the opinion that the holder of the licence, or a person involved in the carrying on of the food business authorised by the licence, does not have the necessary capacity, experience or qualifications to ensure the safety of food for human consumption, or

(g)  at the request of the holder of the licence.

(2)  The Food Authority may suspend or cancel a licence only after having given the holder of the licence written notice of its intention to suspend or cancel the licence setting out its reasons for doing so.

(3)  The notice must include a statement that the holder of the licence concerned may make submissions to the Food Authority in relation to the proposed suspension or cancellation within 14 days after the date of the notice.

(4)  Subclauses (2) and (3) do not apply to the suspension or cancellation of a licence at the request of the holder of the licence.

(5)  The suspension or cancellation of a licence:

(a)  must be made by notice in writing, and

(b)  must be served on the holder of the licence, and

(c)  takes effect on the day on which the notice is served or on a later day specified in the notice.

(6)  The notice referred to in subclause (5) must set out the reasons for the suspension or cancellation and inform the holder of the licence of the rights of review under this Regulation.

(7)  If a licence authorises the carrying on of more than one activity, the Food Authority may suspend the licence to the extent to which it authorises a particular activity or activities to be carried on.

(8)  If a licence authorises the carrying on of an activity at 2 or more premises or in or on 2 or more vehicles, the Food Authority may suspend the licence to the extent to which it authorises activities to be carried on at particular premises or in or on a particular vehicle.

27 Licence not transferable

A licence is not transferable.

28 Renewal of licence

(1)  The holder of a licence is taken to apply for renewal of the licence:

(a)  by paying the licence fee and, in the case of a licence that authorises the carrying on of a seafood business, the amount of any applicable levies under Divisions 6 and 7 of Part 8, as notified in writing to the holder by the Food Authority in accordance with clause 29, or

(b)  if the holder has been given permission by the Food Authority under that clause to pay the relevant amount by instalments, by paying the appropriate instalment.

(2)  The Food Authority may:

(a)  renew a licence with or without conditions, or

(b)  refuse to renew the licence.

(3)  Without limiting the grounds on which the Food Authority may refuse to renew a licence, the Food Authority may refuse to renew a licence on any ground on which the Food Authority could have suspended or cancelled the licence.

(4)  If the Food Authority renews a licence, the Food Authority is to issue a further licence in a form that sets out the conditions to which the licence is subject.

(5)  If the Food Authority refuses to renew a licence, the Food Authority must give notice of the refusal in writing to the applicant setting out the reasons for the refusal.

(6)  A notice referred to in subclause (5) must inform the applicant of the applicant’s rights of review under this Regulation.

(7)  If the Food Authority refuses to renew a licence, the Food Authority is to refund any licence fee or levy that was submitted by the applicant in connection with the renewal.

29 Calculation and notification of licence fees and levies

(1)  A licence fee for a licence that authorises the carrying on of:

(a)  a dairy business is to be calculated in accordance with clause 57, or

(b)  a meat business is to be calculated in accordance with clause 101, or

(c)  a plant products business is to be is to be calculated in accordance with clause 110, or

(d)  a seafood business is to be calculated in accordance with clause 133 and, where applicable, clause 134, or

(e)  a vulnerable persons food business is to be calculated in accordance with clause 148, or

(f)  an egg business is to be calculated in accordance with clause 170.

(2)  If a licence authorises the carrying on of more than one food business, the licence fee is to be calculated as the total of the licence fees for each of those food businesses that would be applicable under subclause (1).

(3)  The Food Authority is to issue to each holder of a licence who is liable to pay a licence fee or levy under this Regulation a notice in writing before the expiration of the licence:

(a)  specifying the amount of the licence fee or levy and the period (being not less than 42 days after the issue of the notice) within which the licence fee or levy must be paid, and

(b)  specifying (where relevant) the method of calculating the amount of the licence fee or levy to be paid by that holder.

(4)  The holder of a licence may, before the expiration of the licence, apply to the Food Authority for approval to pay the licence fee or levy for a particular year by instalments.

(5)  An approval under this clause must be notified in writing to the holder of the licence concerned and must specify the amount of each instalment and the date by which each instalment must be paid.

(6)  The holder of a licence who has been given approval by the Food Authority to pay the licence fee or levy by instalments must pay each instalment in accordance with the terms of the approval.

(7)  If there is a failure by the holder of a licence who has approval to pay the licence fee or levy by instalments to pay the amount of an instalment by the date required in the approval, the total unpaid balance of the licence fee or levy may be treated by the Food Authority as an overdue amount even if payment by instalments has commenced.

(8)  The Food Authority may reduce or waive payment of a licence fee or levy in a particular case or class of cases.

(9)  Without limiting subclause (8), if a licence is granted after the commencement of a year for which a licence fee or levy is payable, the Food Authority may reduce the licence fee or levy payable by the holder of the licence for that year by a proportionate amount.

30 Applicants to present vehicles for inspection

The Food Authority may require an applicant for the issue or renewal of a licence that authorises the operation of a vehicle to present the vehicle in respect of which the application is made for inspection by the Food Authority at such time and place as the Food Authority may determine.

31 Vehicle labels

(1)  The Food Authority is to issue to the holder of a licence that authorises the operation of a vehicle a licensing label in respect of the vehicle to which the licence relates.

(2)  The holder of a licence must ensure that any licensing label issued by the Food Authority in respect of a vehicle to which the licence relates is displayed in an approved position on the vehicle whenever the vehicle is being operated in the course of carrying on the food business authorised by the licence unless the expiry date shown on the label has passed.

Maximum penalty: 25 penalty units.

32 Display of licence

(1)  The holder of a licence must ensure that, on every premises to which the licence relates, a copy of so much of the licence as is relevant to the premises is displayed.

Maximum penalty: 25 penalty units.

(2)  The holder of a licence must ensure that, on every vehicle to which the licence relates, a copy of so much of the licence as is relevant to the vehicle is carried.

Maximum penalty: 25 penalty units.

Division 3 Food safety programs

33 Content of food safety program

If a food safety program is required for a food business by the Food Standards Code or under this Regulation (including by a condition on a licence imposed under this Regulation), the food safety program must comply with any requirements of the Food Standards Code and any requirements of this Regulation or made under this Regulation.

34 Certification of food safety program

(1)  The Food Authority must certify a food safety program for a food business to which a licence or proposed licence relates if the Food Authority is satisfied that the food safety program for the business complies with the applicable requirements of the Food Standards Code and this Regulation.

(2)  For the purposes of determining whether a proposed food safety program for a food business should be certified, the Food Authority may arrange for a food safety auditor to conduct an audit of the food safety program.

Division 4 Inspections and audits

35 Inspections and audits of food businesses

(1)  The Food Authority may arrange for an authorised officer to carry out an inspection of the premises and equipment involved in a food business, and the activities carried on in the course of the food business, before or after granting a licence in respect of the food business.

(2)  The Food Authority may arrange for a food safety auditor to do any of the following, before or after granting a licence in respect of a food business:

(a)  to carry out an audit of the food safety program, or proposed food safety program, for the food business,

(b)  to carry out an assessment of the food business to ascertain its compliance with the requirements of the Food Safety Standards.

(3)  This clause is not intended to limit any powers of an authorised officer to carry out an inspection under Part 4 or 5 of the Act.

36 Approval for a food business to retain food safety auditor

(1)  A food business must not, except with the approval of the Food Authority, arrange for a food safety auditor who is not a member of staff of the Food Authority to carry out an audit of the food safety program, or proposed food safety program, for the food business that is required under the Act or this Regulation.

(2)  An application for approval must be made in an approved form and must be accompanied by such documents and information as the Food Authority may require.

(3)  The Food Authority may grant an approval subject to such conditions as the Food Authority considers appropriate.

(4)  An approval may be granted so as to apply generally to the carrying out of audits on behalf of the applicant or so as to be limited to particular audits or types of audits.

(5)  An approval may be revoked by the Food Authority by notice in writing given to the food business.

37 Charges for inspections and audits

(1)  The charge payable for the carrying out by the Food Authority of:

(a)  any inspection for the purposes of the Act in relation to a licence or application for a licence, or

(b)  any audit of any food safety program or proposed food safety program required by this Regulation,

is $250 per hour with a minimum charge of half an hour (excluding time spent in travelling).

(2)  The Food Authority may increase the amount referred to in subclause (1) annually in accordance with the annual percentage increase (if any) in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.

(3)  The charges payable under this clause are payable to the Food Authority.

(4)  The Food Authority may reduce or waive payment of a charge in a particular case or class of cases.

Division 5 Review of decisions of Food Authority

38 Review of decisions

A person may apply to the Administrative Decisions Tribunal for a review of the following decisions:

(a)  a decision to refuse to issue a licence to the person (other than a decision to refuse to issue the licence for non-payment of the whole or part of the licence fee),

(b)  a decision to issue a licence to the person subject to conditions imposed by the Food Authority,

(c)  a decision to vary the conditions of the person’s licence or to impose a condition on the person’s licence,

(d)  a decision to suspend or cancel the person’s licence,

(e)  a decision as to the assessment of the applicable licence fee for a licence held or to be held by the person,

(f)  a decision as to the applicable levy to be paid by the person under this Regulation,

(g)  a decision to revoke an approval as a meat safety inspector given under clause 94.

Part 5 Dairy food safety scheme

Division 1 Preliminary

39 Definitions

In the dairy food safety scheme:

dairy building means a building used for or in connection with the milking of milking animals for the purpose of producing milk that is supplied or to be supplied for sale.

dairy business—see clause 42.

dairy farm means any land or premises used for or in connection with the keeping, grazing, feeding or milking of milking animals for the purpose of producing milk that is supplied or to be supplied for sale.

Dairy Industry Act means the Dairy Industry Act 2000.

dairy primary production means the production of milk or colostrum for further processing for human consumption, including:

(a)  the keeping, grazing, feeding and milking of animals, and

(b)  the storage of milk on the premises at which the animals were milked.

dairy primary production business means a food business that involves dairy primary production.

dairy processing means the packaging, treating, cutting or manufacturing of dairy products, and the packing and storing of those products on the premises where they are packaged, treated, cut or manufactured, but does not include dairy primary production.

dairy processing business means a food business that involves dairy processing.

dairy produce store means any building or place at or in which any dairy product is stored, whether in a cold chamber or otherwise, but does not include a dairy farm, a dairy building on a dairy farm or any premises used solely for retail purposes.

dairy product means:

(a)  colostrum,

(b)  milk,

(c)  any food that contains at least 50 per cent (measured by weight) of either or both of the following:

(i)  milk,

(ii)  any substance produced from milk (but disregarding any weight of the substance not attributable to milk),

(d)  without limiting paragraph (c), any of the following that comply with the requirements of that paragraph:

(i)  liquid milk products,

(ii)  cream and thickened cream,

(iii)  butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee and anhydrous milk fat (butter oil),

(iv)  casein, caseinate and cheese,

(v)  whey, whey cream and concentrated whey cream,

(vi)  cultured milk and yoghurt,

(vii)  ice-cream and ice-cream mix,

(viii)  buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates.

dairy transport business means a food business involving any of the following:

(a)  the collection and transport of milk from a dairy primary production business to a dairy processing business,

(b)  the transport of milk or dairy products between dairy processing businesses.

milk means the mammary secretions of a milking animal obtained from one or more milkings and intended for human consumption as a liquid or for further processing, but does not include colostrum.

milking animal means any animal that secretes milk from its mammaries.

vehicle vendor means a person who delivers milk by vehicle and who sells the milk so delivered.

40 Dairy food safety scheme

The provisions of Part 4, this Part and Part 1 of Schedule 4 are prescribed as a food safety scheme under Part 8 of the Act.

41 Application of dairy food safety scheme to retail premises and food not intended for sale

(1)  Unless a provision of the dairy food safety scheme or the Food Standards Code provides otherwise, that scheme does not apply to or in respect of the handling of food on retail premises.

(2)  Unless a provision of the dairy food safety scheme or the Food Standards Code provides otherwise, that scheme does not apply to or in respect of the handling of food in or from a vehicle from which the food is sold by retail, other than a vehicle used by a vehicle vendor.

(3)  Unless a provision of the dairy food safety scheme or the Food Standards Code provides otherwise, that scheme does not apply to or in respect of the handling of food that is not intended for sale.

42 Meaning of “dairy business”

In the dairy food safety scheme, dairy business means a food business involving any of the following:

(a)  the operation of a dairy primary production business,

(b)  the operation of a dairy transport business,

(c)  the operation of a dairy processing business,

(d)  the operation of a dairy produce store (other than a dairy produce store that is operated on the same premises as a dairy processing business),

(e)  the collection and transport of milk from a dairy farm to a dairy produce store (other than a dairy produce store that is operated on the same premises as the dairy processing business) or to a vehicle vendor,

(f)  the collection and transport of goat’s milk from a dairy farm to a wholesaler or retailer,

(g)  the collection and transport of dairy products from a dairy produce store to the premises of a dairy processing business or another dairy produce store or to a vehicle vendor, wholesaler or retailer,

(h)  the delivery of milk by vehicle and the sale of milk so delivered.

43 Application of Food Standards Code to primary production of dairy products

For the purposes of section 21 (5) of the Act, the following provisions of the Food Standards Code apply to a dairy business that is primary food production:

(a)  Standard 3.2.1,

(b)  clauses 1–11 of Standard 4.2.4.

44 Modification of the Food Standards Code

Standard 4.2.4 of the Food Standards Code is modified by:

(a)  omitting the definition of dairy processing from clause 1 (2) and by inserting instead:

  

dairy processing means the packaging, treating, cutting or manufacturing of dairy products, and the packing and storing of those products on the premises where they are packaged, treated, cut or manufactured, but does not include dairy primary production,

(b)  by omitting the definition of dairy products from clause 1 (2) and by inserting instead:

  

dairy product means:

(a)  colostrum,

(b)  milk,

(c)  any food that contains at least 50 per cent (measured by weight) of either or both of the following:

(i)  milk,

(ii)  any substance produced from milk (but disregarding any weight of the substance not attributable to milk),

(d)  without limiting paragraph (c), any of the following that comply with the requirements of that paragraph:

(i)  liquid milk products,

(ii)  cream and thickened cream,

(iii)  butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee and anhydrous milk fat (butter oil),

(iv)  casein, caseinate and cheese,

(v)  whey, whey cream and concentrated whey cream,

(vi)  cultured milk and yoghurt,

(vii)  ice-cream and ice-cream mix,

(viii)  buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates,

(c)  by omitting clause 2 (3) and by inserting instead:

  

(3)  This Standard (except clauses 15 and 16) does not apply to the handling of food in connection with the retail sale of the food from the premises where the food is handled.

Division 2 Requirements in relation to dairy products

45 Processing of dairy products

(1)  A person must not sell (including sell by retail) a dairy product for human consumption unless the dairy product has been processed in accordance with the processing requirements specified in clauses 15 and 16 of Standard 4.2.4 of the Food Standards Code.

(2)  This clause does not apply:

(a)  to a dairy primary production business in respect of the sale of milk or cream by the dairy primary production business to a dairy processing business, or

(b)  to a dairy processing business in respect of the sale of a dairy product by the dairy processing business to another dairy processing business, or

(c)  to goat’s milk, but only if:

(i)  the milk has been produced in compliance with a food safety program, and

(ii)  in the case of milk that is unpasteurised—the milk bears a label that includes an advisory statement in accordance with clause 2 of Standard 1.2.3 of the Food Standards Code.

46 Milk for manufacture

Milk and milk components used for the manufacture of dairy products for human consumption must be processed as required by Standard 4.2.4 of the Food Standards Code.

47 Pasteuriser requirements

Equipment used for the pasteurisation of milk or milk components at the premises of a dairy processing business must comply with the requirements of the Guidelines for Food Safety: Validation and Verification of Heat Treatment Equipment and Processes as developed by the Australia New Zealand Dairy Authorities’ Committee and as in force from time to time.

48 Milk to comply with certain requirements of Food Standards Code

The holder of a licence authorising the operation of a dairy processing business must ensure that milk is not processed for human consumption and is not used in the manufacture of dairy products unless it complies with the requirements of the following standards of the Food Standards Code with respect to metals, chemical residues, drug residues and contaminants:

(a)  Standard 1.4.1 (Contaminants and Natural Toxicants),

(b)  Standard 1.4.2 (Maximum Residue Limits),

(c)  Standard 2.5.1 (Milk).

49 Control of Salmonella

Measures for the control of Salmonella contamination in dried milk products on the premises of a dairy processing business must be carried out in accordance with the requirements of the publication Australian Manual for Control of Salmonella in the Dairy Industry published by the Australian Dairy Authorities’ Standards Committee.

50 Control of Listeria

Measures for the control of Listeria contamination on the premises of a dairy processing business must be carried out in accordance with the requirements of the publication Australian Manual for Control of Listeria in the Dairy Industry published by the Australian Dairy Authorities’ Standards Committee.

Division 3 Sampling, analysis and records

51 Sampling and testing of milk by dairy transport businesses

The holder of a licence authorising the operation of a dairy transport business must ensure that the following requirements are complied with in relation to milk collected by the business for transport from a dairy primary production business to a dairy processing business:

(a)  a record must be made of the temperature of the milk,

(b)  a sample of milk must be taken that is a representative sample,

(c)  the sample must be taken, stored and transported under temperature control.

52 Dairy business to undertake analyses of certain dairy products

(1)  The holder of a licence that authorises the operation of a dairy processing business must, at the holder’s own expense, ensure that the following are analysed in accordance with this clause:

(a)  samples of dairy products that are handled in the course of the dairy business and are required to be analysed by the NSW Food Safety Schemes Manual,

(b)  samples of water that has not been supplied through a reticulated water system and that is used in connection with the production and processing of dairy products in the course of the business.

Maximum penalty: 25 penalty units.

(2)  An analysis for the purposes of this clause is to be carried out at the frequency:

(a)  except as provided by paragraph (b), required by the NSW Food Safety Schemes Manual, or

(b)  required by a notice served on the holder of the licence under subclause (3).

(3)  The Food Authority may, by notice in writing given to the holder of a licence, do either or both of the following:

(a)  specify the frequency at which analyses are to be carried out for the purposes of this clause,

(b)  set out the standards required to be met in respect of the samples being analysed.

53 Reports of analyses

(1)  The holder of a licence that authorises the operation of a dairy processing business must ensure that every analysis carried out for the purposes of clause 52 is carried out in a laboratory approved by the National Association of Testing Authorities, Australia, or the Food Authority, for the particular type of analysis to be undertaken.

Maximum penalty: 25 penalty units.

(2)  The holder of a licence must, in accordance with subclause (3), notify the Food Authority of the details of any analysis carried out by or on behalf of the holder for the purposes of clause 52 if the results of the analysis indicate that:

(a)  the sample analysed failed to meet the standards set out in the NSW Food Safety Schemes Manual, or

(b)  where a notice was given to the holder under clause 52 (3) setting out the required standards, the sample analysed failed to meet those standards.

Maximum penalty: 25 penalty units.

(3)  A notification under subclause (2) must:

(a)  be made orally within 24 hours after the holder becomes aware of the results of the analysis, and

(b)  be made in writing within 7 days after the holder becomes aware of the results of the analysis.

54 Records to be kept by dairy processing businesses

The holder of a licence authorising the operation of a dairy processing business must ensure that the results of each analysis of a sample of milk carried out for the purposes of clause 52 are kept so as to be available for inspection for at least 12 months after the analysis is carried out.

55 Records to be kept by dairy produce stores

(1)  The holder of a licence that authorises the operation of a dairy produce store (other than a produce store that is operated on the same premises as a dairy processing business) must ensure that records are kept of the details of all dairy products received at and distributed from the store.

(2)  A record required by this clause must be kept at the dairy produce store for not less than 12 months or the accepted shelf-life of the product to which the record relates, whichever is longer.

Division 4 Miscellaneous

56 Industry consultation

(1)  For the purposes of the consultation referred to in section 105 of the Act in relation to the dairy food safety scheme in its application to cow’s milk and other dairy products containing cow’s milk, the Food Authority is to consult with the New South Wales Dairy Industry Conference constituted by the Dairy Industry Act.

(2)  For the purposes of the consultation referred to in section 105 of the Act in relation to the dairy food safety scheme in its application to milk other than cow’s milk and other dairy products containing milk other than cow’s milk, the Food Authority is to consult directly with each holder of a licence that authorises the handling of that milk or those products.

57 Licence fees for licences in respect of dairy businesses

(1)  The holder of a licence that authorises the carrying on of one or more of the activities specified in Column 1 of the Table in Part 1 of Schedule 4 is to pay a licence fee each year to the Food Authority that is equal to the total of the fees applicable to the licence as calculated in accordance with that Table.

(2)  The Food Authority may increase the amount of any licence fee payable under this clause annually in accordance with the annual percentage increase (if any) in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.

(3)  In Part 1 of Schedule 4, food handler means a full-time equivalent food handler who is an employee of the relevant licensee.

Part 6 Meat food safety scheme

Division 1 Preliminary

58 Definitions

(1)  In the meat food safety scheme:

abattoir means premises used for or in connection with the slaughtering of abattoir animals for human consumption, and includes:

(a)  buildings used in connection with the slaughtering, handling, drafting or keeping of abattoir animals for human consumption at any premises so used, and

(b)  holding yards and the like.

abattoir animal means any of the following animals that is not a game animal:

(a)  any animal of the bovine, bubaline, camelidae, caprine, cervidae, ovine, porcine or soliped species,

(b)  rabbit,

(c)  crocodile,

(d)  any bird.

abattoir meat means meat that is from an abattoir animal and that is intended for human consumption.

animal means an abattoir animal, game animal or knackery animal.

animal food means food intended for consumption by animals.

animal food field depot means premises where any unflayed carcases of game animals intended for use as animal food is stored but not packaged, processed, treated, boned or cut up.

animal food field harvesting van means any vehicle in which unflayed carcases of game animals intended for use as animal food are conveyed from the point of harvest to an animal food field depot.

animal food processing plant means any premises where:

(a)  in the course of a business (being a business of preparing or selling animal food), meat or fish or any product of meat or fish is stored, packed, packaged, processed, treated, boned or cut up, or

(b)  in the course of a business, processed animal food is produced,

but does not include:

(c)  an abattoir, knackery, meat processing plant, game meat primary processing plant or animal food field depot, or

(d)  meat retail premises.

animal food van means any vehicle used for the conveyance of meat intended for use as animal food, but does not include an animal food field harvesting van.

bird includes ratite.

game animal means any vertebrate animal, including a mammal, bird or reptile (but not including a fish) that:

(a)  is not husbanded in the manner of a farmed animal, and

(b)  is of a species that may be legally harvested, and

(c)  is slaughtered in a wild state.

game meat means meat that is from a game animal and that is intended for human consumption.

game meat field depot means premises where any unflayed carcases of game animals intended for human consumption are stored but not packaged, processed, treated, boned or cut up.

game meat field harvesting van means a vehicle in which unflayed carcases of game animals intended for human consumption are conveyed from the point of harvest to a game meat field depot.

game meat primary processing plant means any premises where, in the course of a business, unflayed carcases of game animals are received from the field or a game meat field depot and are flayed, whether or not the carcases are further treated, boned or cut up on those premises.

hogget means an ovine animal that has cut at least one, but no more than 2, permanent incisor teeth.

knackery means premises used for or in connection with the slaughtering of knackery animals for use as animal food, or for or in connection with the destruction of knackery animals for the making of animal by-products that are used in animal food, and includes:

(a)  buildings used in or in connection with the slaughtering, destruction, handling, drafting or keeping of any such animals at any premises so used, and

(b)  holding yards and the like.

knackery animal means horse, donkey, camel, kangaroo, buffalo, deer, bull, ox, steer, cow, heifer, calf, ram, ewe, wether, hogget, lamb, goat, kid, swine, rabbit or bird.

lamb means an ovine animal that has not cut a permanent incisor tooth.

licensed premises means premises in respect of which a licence authorising the carrying on of a meat business is in force.

meat means the whole or any part of the carcase of an animal, but does not include processed meat or processed animal food.

meat business—see clause 61.

meat processing plant means any premises where, in the course of a business:

(a)  abattoir meat is stored, packed, packaged, processed, treated, boned or cut up, or

(b)  processed meat is produced from abattoir meat or is further processed,

(c)  game meat from carcases that have been flayed at other premises is stored, packed, packaged, processed, treated, boned or cut up, or

(d)  processed meat is produced from game meat from carcases that have been flayed at other premises or is further processed,

but does not include:

(e)  an abattoir, or

(f)  meat retail premises, or

(g)  a game meat field depot, or

(h)  a game meat primary processing plant.

meat retail premises means premises where meat is sold by retail and on which raw meat carcases or parts of raw meat carcases are processed in some way (such as boning, slicing or cutting) or on which processed meat is produced or further processed, not being premises:

(a)  where in any week during the preceding calendar year, more than one tonne of meat, one tonne of processed meat or one tonne of any combination of meat or processed meat was sold by wholesale, or

(b)  where all the meat sold is:

(i)  in a form ready to be consumed (such as is sold at a restaurant or take-away food shop), or

(ii)  in a form commonly referred to as cook and chill (that is, cooked packaged meat that requires reheating before consumption).

meat safety inspector means:

(a)  in relation to an abattoir, the meat safety inspector appointed for the abattoir in accordance with clause 94, or

(b)  in relation to a game meat primary processing plant, the meat safety inspector appointed for the processing plant in accordance with clause 94.

meat van means any vehicle used for the conveyance of abattoir meat or game meat, but does not include a game meat field harvesting van.

processed animal food means any product of a manufacturing process that contains meat that is intended for use as animal food.

processed meat means a meat product intended for human consumption that contains not less than 300g/kg of meat, where the meat has undergone a method of processing other than boning, slicing, dicing, mincing or freezing, and includes cured or dried meat flesh in whole cuts or pieces.

rendering plant means any premises where animal by-products are rendered or boiled down, but does not include an abattoir or a knackery.

unflayed carcase of an animal means the carcase of the animal with the skin or outer covering still attached.

(2)  A reference in the meat food safety scheme to premises or a vehicle used for a purpose includes a reference to premises or a vehicle intended to be used for the purpose.

(3)  For the purposes of the meat food safety scheme, a reference to Australian Standard AS 4841–2006, Hygienic production of pet meat in the following documents is to be read as a reference to the document titled Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88, published by CSIRO and as in force from time to time:

(a)  Australian Standard AS 4465–2006, Construction of premises and hygienic production of poultry meat for human consumption,

(b)  Australian Standard AS 4464–2007, Hygienic production of wild game meat for human consumption.

59 Meat food safety scheme

The provisions of Part 4, this Part, Part 2 of Schedule 4 and Schedules 5–8 are prescribed as a food safety scheme under Part 8 of the Act.

60 Application of meat food safety scheme to retail premises and food not intended for sale

(1)  The meat food safety scheme does not apply to or in respect of the handling of food on retail premises, other than the handling of meat on meat retail premises.

(2)  Despite subclause (1), clauses 86 and 88 apply to the handling of meat on premises where it is sold as ready to consume, such as on the premises of restaurants or take away food shops.

(3)  The meat food safety scheme does not apply to or in respect of the handling of food in or from a vehicle from which the food is sold by retail.

(4)  The meat food safety scheme does not apply to or in respect of the handling of food that is not intended for sale.

61 Meaning of “meat business”

In the meat food safety scheme, meat business means a business involving the operation of any of the following:

(a)  an abattoir,

(b)  a meat processing plant,

(c)  a game meat field depot,

(d)  a game meat primary processing plant,

(e)  a meat van,

(f)  a game meat field harvesting van,

(g)  a knackery,

(h)  a rendering plant,

(i)  an animal food processing plant,

(j)  an animal food field depot,

(k)  an animal food van,

(l)  an animal food field harvesting van,

(m)  meat retail premises.

62 Modification of Food Standards Code

Standard 4.2.3 of the Food Standards Code is modified by:

(a)  omitting the words “Table 1 or” from clause 4, and

(b)  omitting Table 1 to clause 4.

63 Slaughtering of certain animals and processing of certain meat for human consumption prohibited

(1)  A person must not slaughter an animal for human consumption unless the animal is an abattoir animal or a game animal.

Maximum penalty: 25 penalty units.

(2)  A person must not process meat for human consumption unless the meat is abattoir meat or game meat.

Maximum penalty: 25 penalty units.

(3)  The holder of a licence that authorises the operation of a meat processing plant must, in producing processed meat, use only meat, or things containing meat:

(a)  that is abattoir meat or game meat, and

(b)  that has been passed by a meat safety inspector as being fit for human consumption.

Maximum penalty: 25 penalty units.

(4)  In this clause:

(a)  animal means any vertebrate animal (other than a fish) and is not limited by the definition of that term in clause 58, and

(b)  meat means the whole or any part of the carcase of an animal.

Division 2 Standards for operation of meat businesses

64 Standards for abattoirs

(1)  The operation of an abattoir must comply with the following Standards:

(a)  in relation to an abattoir at which the slaughtering of meat (other than poultry meat, rabbit meat, ratite meat or crocodile meat) is authorised by the relevant licence—the standards specified in Australian Standard AS 4696–2007, Hygienic production and transportation of meat and meat products for human consumption, as in force from time to time,

(b)  in relation to an abattoir at which the slaughtering of poultry meat is authorised by the relevant licence—the standards specified in Australian Standard AS 4465–2006, Construction of premises and hygienic production of poultry meat for human consumption, as in force from time to time,

(c)  in relation to an abattoir at which the slaughtering of rabbit meat is authorised by the relevant licence—the standards specified in Australian Standard AS 4466–1998, Hygienic production of rabbit meat for human consumption, as in force from time to time,

(d)  in relation to an abattoir at which the slaughtering of ratite meat is authorised by the relevant licence—the standards specified in Australian Standard AS 5010–2001, Hygienic production of ratite (emu/ostrich) meat for human consumption, as in force from time to time,

(e)  in relation to an abattoir at which the slaughtering of crocodile meat is authorised by the relevant licence—the standards specified in Australian Standard AS 4467–1998, Hygienic production of crocodile meat for human consumption, as in force from time to time,

(f)  in relation to an abattoir at which the slaughtering of more than one type of meat referred to in the preceding paragraphs is authorised by the relevant licence—the standards specified in each of the relevant paragraphs.

(2)  In addition to complying with the requirements of subclause (1), the operation of an abattoir must comply with Section 17 of Part 6 of Australian Standard AS 4696–2007, Hygienic production and transportation of meat and meat products for human consumption, as in force from time to time, if poultry meat, rabbit meat, ratite meat or crocodile meat, or any combination of those, is passed at the abattoir as fit for use only as animal food.

(3)  For the purposes of this clause, the Standard referred to in subclause (2) is taken to extend to abattoir meat that is poultry, rabbit, ratite or crocodile meat and to meat products derived from such meat.

65 Standards for meat processing plants

The operation of a meat processing plant must comply with the following Standards:

(a)  in relation to a meat processing plant at which the processing of meat (other than poultry meat, rabbit meat, ratite meat or crocodile meat) is authorised by the relevant licence—the standards specified in Australian Standard AS 4696–2007, Hygienic production and transportation of meat and meat products for human consumption, as in force from time to time,

(b)  in relation to a meat processing plant at which the processing of poultry meat is authorised by the relevant licence—the standards specified in Australian Standard AS 4465–2006, Construction of premises and hygienic production of poultry meat for human consumption, as in force from time to time,

(c)  in relation to a meat processing plant at which the processing of rabbit meat is authorised by the relevant licence—the standards specified in Australian Standard AS 4466–1998, Hygienic production of rabbit meat for human consumption, as in force from time to time,

(d)  in relation to a meat processing plant at which the processing of ratite meat is authorised by the relevant licence—the standards specified in Australian Standard AS 5010–2001, Hygienic production of ratite (emu/ostrich) meat for human consumption, as in force from time to time,

(e)  in relation to a meat processing plant at which the processing of crocodile meat is authorised by the relevant licence—the standards specified in Australian Standard AS 4467–1998, Hygienic production of crocodile meat for human consumption, as in force from time to time,

(f)  in relation to a meat processing plant at which the processing of more than one type of meat referred to in the preceding paragraphs is authorised by the relevant licence—the standards specified in each of the relevant paragraphs.

66 Standards for game meat field depots

The operation of a game meat field depot must comply with the standards specified in Australian Standard AS 4464–2007, Hygienic production of wild game meat for human consumption, as in force from time to time.

67 Standards for game meat primary processing plants

The operation of a game meat primary processing plant must comply with the standards specified in Australian Standard AS 4464–2007, Hygienic production of wild game meat for human consumption, as in force from time to time.

68 Standards for meat vans

(1)  The operation of a meat van must comply with Part 8 of Australian Standard AS 4696–2007, Hygienic production and transportation of meat and meat products for human consumption, as in force from time to time.

(2)  For the purposes of this clause, the Standard referred to in subclause (1) is taken to extend to the following:

(a)  abattoir meat that is poultry, rabbit, ratite or crocodile meat and products derived from such meat,

(b)  game meat and products derived from such meat.

69 Standards for game meat field harvesting vans

The operation of a game meat field harvesting van must comply with Australian Standard AS 4464–2007, Hygienic production of wild game meat for human consumption, as in force from time to time.

70 Standards for knackeries

The operation of a knackery must comply with the standards specified in the document titled Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88, published by CSIRO and as in force from time to time.

71 Standards for rendering plants

The operation of a rendering plant must comply with the standards specified in Australian Standard AS 5008–2007, Hygienic rendering of animal products, as in force from time to time.

72 Standards for animal food processing plants

The operation of an animal food processing plant must:

(a)  comply with the standards specified in Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88, published by CSIRO and as in force from time to time, in relation to the processing of raw meat intended for use as animal food, and

(b)  comply with Schedule 5 in relation to the processing of fish or any product of fish, or any product of a manufacturing process that contains meat, intended for use as animal food.

73 Standards for animal food field depots

The operation of an animal food field depot must comply with the standards specified in Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88, published by CSIRO and as in force from time to time.

74 Standards for animal food vans

The operation of an animal food van must, in relation to the transportation of raw meat intended for use as animal food, comply with the standards specified in Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88, published by CSIRO and as in force from time to time.

75 Standards for animal food field harvesting vans

The operation of an animal food field harvesting van must comply with the standards specified in Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88, published by CSIRO and as in force from time to time.

76 Standards for meat retail premises

The operation of meat retail premises must comply with the standards specified in the publication titled New South Wales Standard for Construction and Hygienic Operation of Retail Meat Premises published by the Food Authority, as in force from time to time.

Division 3 Requirements relating to branding and inspection of abattoir meat

77 Prescribed brands for abattoir meat

For the purposes of this Division, the following are prescribed brands for abattoir meat:

(a)  in the case of meat other than lamb or hogget—a brand in accordance with the design specified in Part 1 of Schedule 6,

(b)  in the case of lamb meat—brands in accordance with both the designs specified in Parts 1 and 2 of Schedule 6,

(c)  in the case of hogget meat—brands in accordance with both the designs specified in Parts 1 and 3 of Schedule 6.

78 Removal of meat from abattoir

(1)  The holder of a licence that authorises the operation of an abattoir must ensure that abattoir meat is not removed from the abattoir unless the carcase or part of the carcase from which it came has been branded with a prescribed brand by or under the authority of a meat safety inspector.

(2)  Subclause (1) does not apply to:

(a)  meat that is passed as fit for use only as animal food, or condemned as unfit for human consumption or for use as animal food, by a meat safety inspector, or

(b)  the carcase of a bird or meat from the carcase of a bird.

79 Marking of carcases

(1)  If a meat safety inspector passes a carcase or part of a carcase to which clause 78 (1) applies as fit for human consumption, the meat safety inspector must apply the appropriate prescribed brand, or cause it to be applied, to the carcase or part in accordance with clause 80.

Maximum penalty: 25 penalty units.

(2)  If an abattoir animal is slaughtered in accordance with orders under the Export Control Act 1982 of the Commonwealth and a meat safety inspector passes the carcase as fit for human consumption, the meat safety inspector must cause an official mark for the purposes of that Act to be applied to the carcase or covering, as the case may be, in accordance with orders made under that Act.

Maximum penalty: 25 penalty units.

(3)  The provisions of this Division apart from subclause (2) do not apply in relation to meat from an animal referred to in that subclause.

(4)  If a meat safety inspector condemns meat at an abattoir as unfit for human consumption and unfit for use as animal food, the meat safety inspector must ensure that the meat is handled in accordance with the standards specified in Australian Standard AS 4696–2007, Hygienic production and transportation of meat and meat products for human consumption, as in force from time to time.

Maximum penalty: 25 penalty units.

(5)  For the purposes of this clause, the Standard referred to in subclause (4) is taken to extend to abattoir meat that is poultry, rabbit, ratite or crocodile meat and to meat products derived from such meat.

80 Positions and manner in which brands are to applied

(1)  Subject to subclauses (2) and (3), a brand applied for the purposes of clause 79 must be applied at the following positions:

(a)  in the case of a carcase of a bovine, deer, sheep or goat—on each quarter, or

(b)  in the case of a carcase of a swine—on each of the shoulder, middle and hind leg on both sides of the carcase,

(c)  in the case of a carcase of a rabbit—on the rump,

(d)  in the case of a carcase of a lamb or a carcase of a hogget—on the lateral aspect of each side of the carcase from:

(i)  the stifle along the leg and chump, and

(ii)  parallel with the mid-line of the back over the loins and ribs to the top of the shoulder, and

(iii)  over the shoulder to the elbow,

(e)  in any other case—on each quarter.

(2)  If the carcase has been broken into pieces, the brand must be applied to each of the pieces.

(3)  If the carcase has been broken into pieces and those pieces are packed in a covering or container, the brand must be applied to the covering or container and need not be applied to the pieces themselves.

(4)  A brand must be legible when applied and affixed in a reasonably permanent manner.

(5)  Despite the other provisions of this clause, if a meat safety inspector is of the opinion that a brand would not be sufficiently visible on meat or a covering of meat if applied in accordance with those provisions, the meat safety inspector must cause the brand to be applied in such manner as he or she thinks fit.

(6)  In this clause:

bovine includes bull, ox, steer, cow, heifer, calf and buffalo.

goat includes kid.

sheep includes ram, ewe and wether.

81 Identification systems for lamb and hogget meat

(1)  The holder of a licence that authorises the operation of an abattoir at which sheep are slaughtered must provide to the Food Authority details, in writing, of the identification system to be used for identifying whether meat is lamb meat or hogget meat.

(2)  The identification system must include the following:

(a)  the method of identification to be used,

(b)  the point at which the identification will be made,

(c)  the means of applying the identification,

(d)  the means of maintaining that identification until such time as a brand identifying the type of meat is applied in accordance with this Division.

(3)  The holder of a licence that authorises the operation of an abattoir must not commence using an identification system referred to in this clause until the Food Authority:

(a)  is satisfied that the proposed system will be functional and will be adequately maintained, and

(b)  approves the system.

(4)  The holder of a licence that authorises the operation of an abattoir must not alter the system of identification approved under this clause unless the alteration has been approved.

(5)  The holder of a licence that authorises the operation of an abattoir must make available to an authorised officer any records, animals, carcases or meat that the officer may require to monitor the system.

Division 4 Requirements relating to branding and inspection of game meat

82 Prescribed brands for game meat

For the purposes of this Division, the prescribed brand for game meat is the brand set out in Schedule 7.

83 Removal of meat from game meat primary processing plant

(1)  The holder of a licence that authorises the operation of a game meat primary processing plant must ensure that game meat is not removed from the game meat primary processing plant unless the carcase or part of the carcase from which it came has been branded at those premises with a prescribed brand by or under the authority of a meat safety inspector.

(2)  Subclause (1) does not apply to:

(a)  meat that is passed as fit for use only as animal food, or condemned as unfit for human consumption or for use as animal food, by a meat safety inspector, or

(b)  the carcase of a bird or meat from the carcase of a bird.

84 Marking of carcases

(1)  If a meat safety inspector passes a carcase or part of a carcase to which clause 83 (1) applies as fit for human consumption, the inspector must apply the appropriate prescribed brand, or cause it to be applied, to the carcase or part in accordance with clause 85.

Maximum penalty: 25 penalty units.

(2)  If a game animal is slaughtered in accordance with orders under the Export Control Act 1982 of the Commonwealth and a meat safety inspector passes the carcase as fit for human consumption, the inspector must cause an official mark for the purposes of that Act to be applied to the carcase or covering, as the case may be, in accordance with orders made under that Act.

Maximum penalty: 25 penalty units.

(3)  The provisions of this Division other than subclause (2), do not apply in relation to meat from an animal referred to in that subclause.

(4)  If a meat safety inspector condemns meat at a game meat primary processing plant as unfit for human consumption and unfit for use as animal food, the meat safety inspector must ensure that the meat is handled in accordance with the standards specified in Australian Standard AS 4464–2007, Hygienic production of wild game meat for human consumption, as in force from time to time, before it is removed from the game meat primary processing plant.

Maximum penalty: 25 penalty units.

85 Positions and manner in which brands are to applied

(1)  Subject to subclauses (2) and (3), a brand applied for the purposes of clause 84 must be applied at the following positions:

(a)  in the case of a carcase of a deer or goat—on each quarter,

(b)  in the case of a carcase of a swine—on each shoulder, middle and hind leg on both sides of the carcase,

(c)  in the case of a carcase of a rabbit—on the midline of the chump,

(d)  in the case of a carcase of a kangaroo—on the rump on each side of the carcase,

(e)  in any other the case—on each quarter.

(2)  If the carcase has been broken into pieces, the brand must be applied to each of the pieces.

(3)  If the carcase has been broken into pieces and those pieces are packed in a covering or container, the brand must be applied to the covering or container and need not be applied to the pieces themselves.

(4)  A brand must be legible when applied and affixed in a reasonably permanent manner.

(5)  Despite the other provisions of this clause, if a meat safety inspector is of the opinion that a brand would not be sufficiently visible on meat or a covering of meat if applied in accordance with those provisions, the inspector must cause the brand to be applied in such manner as he or she thinks fit.

Division 5 Sale and storage of meat

86 Sale of meat for human consumption

(1)  A person must not sell, by wholesale or on meat retail premises, meat for human consumption or as an ingredient of processed meat unless:

(a)  the meat, or the carcase from which it came, has been supplied from premises that are:

(i)  authorised by a licence to be operated as an abattoir or game meat primary processing plant, or

(ii)  an abattoir or game meat primary processing plant that is operating in accordance with the laws of the place in which the premises are situated, and

(b)  the supplier has indicated, whether by the packaging or branding of the meat or carcase, or by documentation accompanying the meat or carcase, that the meat or carcase has been passed as being fit for human consumption in accordance with this Regulation or the laws of the place from which the meat was supplied.

(2)  A person must not sell, on meat retail premises, processed meat for human consumption unless it has been produced at premises that are:

(a)  authorised by a licence to be operated as a meat processing plant or meat retail premises, or

(b)  a meat processing plant or meat retail premises operating in accordance with the laws of the place in which the premises are situated.

(3)  A person must not sell meat for human consumption, or as an ingredient of processed meat, on retail premises selling meat in a form ready to be consumed (such as a restaurant or take away food shop) unless it has been supplied from premises that are:

(a)  authorised by a licence to be operated as an abattoir, game meat primary processing plant, meat processing plant or meat retail premises, or

(b)  an abattoir, game meat primary processing plant, meat processing plant or meat retail premises operating in accordance with the laws of the place in which the premises are situated.

87 Sale of meat for use as animal food

A person must not sell, by wholesale or on meat retail premises, meat for use as animal food or as an ingredient of processed animal food unless:

(a)  the meat, or the carcase from which it came, has been supplied from premises that are:

(i)  authorised by a licence to be operated as an abattoir or game meat primary processing plant, or

(ii)  an abattoir or game meat primary processing plant that is operating in accordance with the laws of the place in which the premises are situated, or

(b)  the meat is game meat from a kangaroo or feral goat and has been packaged, processed, treated, boned or cut up on premises that are:

(i)  authorised by a licence to be operated as an animal food processing plant, or

(ii)  operating as the equivalent of an animal food processing plant in accordance with the laws of the place in which the premises are situated.

88 Storage of meat

(1)  A person must not store any meat on meat retail premises, or a meat processing plant, used for the sale of meat for human consumption unless:

(a)  the meat, or the carcase from which it came, has been supplied from premises that are:

(i)  authorised by a licence to be operated as an abattoir or game meat primary processing plant, or

(ii)  an abattoir or game meat primary processing plant that is operating in accordance with the laws of the place in which the premises are situated, and

(b)  the supplier has indicated, whether by the packaging or branding of the meat or carcase, or by documentation accompanying the meat or carcase, that the meat or carcase has been passed as being fit for human consumption in accordance with this Regulation or the laws of the place from which the meat was supplied.

(2)  A person must not store any meat for human consumption or as an ingredient of processed meat on retail premises selling meat in a form ready to be consumed (such as a restaurant or take away food shop) unless it has been supplied from premises that are:

(a)  authorised by a licence to be operated as an abattoir, game meat primary processing plant, meat processing plant or meat retail premises, or

(b)  an abattoir, game meat primary processing plant, meat processing plant or meat retail premises operating in accordance with the laws of the place in which the premises are situated.

(3)  A person must not store, on meat retail premises, any processed animal food intended for sale unless the animal food has been produced at premises that are:

(a)  authorised by a licence to be operated as an animal food processing plant, or

(b)  an animal food processing plant operating in accordance with the laws of the place in which the premises are situated.

(4)  A person must not store, on meat retail premises, any meat intended for sale that is for use only as animal food unless:

(a)  the animal from which the meat came was slaughtered at premises that are:

(i)  authorised by a licence to be operated as an abattoir or game meat primary processing plant, or

(ii)  an abattoir or game meat primary processing plant that is operating in accordance with the laws of the place in which the premises are situated,

and the supplier has indicated, whether by the packaging or branding of the meat or carcase, or by documentation accompanying the meat or carcase, that the meat or carcase has been passed as being fit for use as animal food in accordance with this Regulation or the laws of the place from which the meat was supplied, or

(b)  the animal from which the meat came was slaughtered at premises that are:

(i)  authorised by a licence to be operated as a knackery, or

(ii)  a knackery that is operating in accordance with the laws of the place in which the premises are situated.

Division 6 Issue and use of brands for meat

89 Application for and issue of brands

(1)  The holder of a licence that authorises the operation of an abattoir or a game meat primary processing plant may apply to the Food Authority for the issue to the holder of such of the prescribed brands referred to in clause 77 or 82 as are necessary for the operation of the abattoir or game meat primary processing plant concerned.

(2)  An application under this clause must be in writing.

(3)  The fee payable for the issue of the brand is the amount that the Food Authority determines is equivalent to the cost to the Food Authority of the manufacture of the brand.

(4)  The holder of a licence to whom a brand is issued by the Food Authority under this Part must ensure that any equipment issued to the holder by the Food Authority to enable the application of the brand is returned to the Food Authority within 7 days after the licence ceases to be in force (except during any period of suspension).

Maximum penalty: 25 penalty units.

90 Storage of brands

The holder of a licence that authorises the operation of an abattoir or a game meat primary processing plant must ensure that any brand issued to the holder under this Part is stored in a place which is locked and to which access is available only to the holder of the licence and the meat safety inspector for the abattoir or processing plant.

91 Lost, stolen or damaged brands

(1)  The holder of a licence that authorises the operation of an abattoir or a game meat primary processing plant who becomes aware that a brand issued to the holder under this Part has been lost or stolen must immediately report that fact to the Food Authority.

(2)  If a brand issued under this Part in relation to an abattoir or game meat primary processing plant is lost or stolen, the holder of the licence concerned must return any other brand so issued that has not been lost or stolen to the Food Authority.

(3)  If a brand issued under this Part in relation to an abattoir or game meat primary processing plant is lost, stolen or damaged, the holder of the licence concerned may apply in writing to the Food Authority:

(a)  in the case of a brand that is lost or stolen—for the issue of new brands for the abattoir or game meat primary processing plant, but only if the holder has complied with subclauses (1) and (2), and

(b)  in the case of a brand that is damaged—for the issue of a replacement brand.

(4)  On payment of the cost of manufacture of a new brand or a replacement brand, the Food Authority may, if satisfied that the provisions of this clause have been complied with, issue the new brand or the replacement brand to the holder of the licence concerned.

92 Resemblances to prescribed brands

A person must not manufacture or possess a brand which resembles a prescribed brand referred to in clause 77 or 82 unless the manufacture or possession is authorised by this Regulation or has been approved.

Maximum penalty: 25 penalty units.

93 Unauthorised branding of meat

A person must not brand, stamp or otherwise mark any meat with a mark resembling a prescribed brand referred to in clause 77 or 82 unless:

(a)  the person is authorised by this Regulation to do so or is acting under the direction of a person so authorised, or

(b)  the person is authorised in writing by the Food Authority.

Division 7 Meat safety inspectors

94 Appointment of meat safety inspectors for abattoirs and game meat primary processing plants

The holder of a licence that authorises the operation of an abattoir or game meat primary processing plant must not operate the abattoir or processing plant to which the licence relates unless there is a person holding the position of meat safety inspector for the abattoir or processing plant whose appointment has been approved in writing by the Food Authority.

95 Duty of meat safety inspector to report contraventions of Regulation

A meat safety inspector for an abattoir or a game meat primary processing plant is to report, as soon as practicable, to the Food Authority any contravention of this Regulation relating to the abattoir or processing plant of which the inspector becomes aware.

96 Revocation of approval of appointment of meat safety inspector

(1)  The Food Authority may revoke the approval of a person to hold the position of meat safety inspector at a particular abattoir or game meat primary processing plant if the Food Authority is of the opinion that the person:

(a)  has not competently carried out any function of a meat safety inspector under this Regulation, or

(b)  has failed to report any contravention of this Regulation relating to the abattoir or processing plant of which the officer was aware or should have been aware.

(2)  A revocation of an approval under this clause:

(a)  may be made only after the Food Authority has given the meat safety inspector an opportunity to be heard, and

(b)  must be in writing served on the meat safety inspector and the holder of the licence for the abattoir or game meat primary processing plant concerned.

Division 8 Sampling and analyses

97 Meat businesses to undertake analyses of certain meats, meat products, animal by-products and water

(1)  The holder of a licence that authorises the operation of an abattoir must, at the holder’s own expense, ensure that samples of water that has not been supplied through a reticulated water system and that is used in connection with the slaughtering of abattoir animals in the course of the operation of the abattoir are analysed in accordance with this clause.

Maximum penalty: 25 penalty units.

(2)  The holder of a licence that authorises the operation of a meat processing plant must, at the holder’s own expense, ensure that samples of meat and meat products that are handled in the course of the operation of the processing plant and are required by the NSW Food Safety Schemes Manual to be analysed are analysed in accordance with this clause.

Maximum penalty: 25 penalty units.

(3)  The holder of a licence that authorises the operation of meat retail premises must, at the holder’s own expense, ensure that samples of ready to eat meat products that are handled in the course of the operation of the premises and are required by the NSW Food Safety Schemes Manual to be analysed are analysed in accordance with this clause.

Maximum penalty: 25 penalty units.

(4)  The holder of a licence that authorises the operation of a rendering plant must, at the holder’s own expense, ensure that samples of rendered animal by-products that are handled in the course of the operation of the rendering plant are analysed in accordance with this clause.

Maximum penalty: 25 penalty units.

(5)  An analysis for the purposes of this clause is to be carried out at the frequency:

(a)  except as provided by paragraph (b), required by the NSW Food Safety Schemes Manual, or

(b)  required by a notice served on the holder of the licence under subclause (6).

(6)  The Food Authority may, by notice in writing given to the holder of a licence, do either or both of the following:

(a)  specify the frequency at which analyses are to be carried out for the purposes of this clause,

(b)  set out the standards required to be met in respect of the samples being analysed.

98 Reports of analyses

(1)  The holder of a licence must ensure that every analysis carried out for the purposes of clause 97 is carried out in a laboratory approved by the National Association of Testing Authorities, Australia, or the Food Authority, for the particular type of analysis to be undertaken.

Maximum penalty: 25 penalty units.

(2)  The holder of a licence must, in accordance with subclause (3), notify the Food Authority of the details of any analysis carried out by or on behalf of the holder for the purposes of clause 97 if the results of the analysis indicate that:

(a)  the sample analysed failed to meet the standards set out in the NSW Food Safety Schemes Manual, or

(b)  where a notice was given to the holder under clause 97 (6) setting out the required standards, the sample analysed failed to meet those standards.

Maximum penalty: 25 penalty units.

(3)  A notification under subclause (2) must:

(a)  be made orally within 24 hours after the holder becomes aware of the results of the analysis, and

(b)  be made in writing within 7 days after the holder becomes aware of the results of the analysis.

Division 9 Miscellaneous

99 Establishment of Meat Industry Consultative Council

(1)  The Minister is to establish a committee to be called the Meat Industry Consultative Council for the purposes of the consultation referred to in section 105 of the Act in relation to the food safety scheme prescribed under this Part (except to the extent that it relates to poultry meat).

(2)  The Council is to consist of the following members appointed by the Minister:

(a)  one member appointed to be Chairperson,

(b)  one member appointed to be Deputy Chairperson,

(c)  one member who is the Director-General of the Department of Industry and Investment, or a nominee of the Director-General,

(d)  one member who is the Chief Executive Officer, or a nominee of the Chief Executive Officer,

(e)  3 members who are representatives of livestock producers,

(f)  2 members who are representatives of meat processors (other than poultry processors or game meat processors),

(g)  one member who is a representative of game meat processors,

(h)  one member who is a representative of smallgoods manufacturers,

(i)  one member who is a representative of meat retailers,

(j)  one member who is a representative of consumers of meat,

(k)  one member who is a representative of meat industry employees,

(l)  such other members as the Minister considers have appropriate expertise, qualifications or experience as will enable them to make a valuable contribution to the Council.

(3)  When appointing the members of the Council, the Minister is to call for nominations as follows and is to specify a time within which the nominations must be received:

(a)  from the NSW Farmers Association in relation to the members referred to in subclause (2) (e),

(b)  from the Australian Meat Industry Council in relation to the members referred to in subclause (2) (f), (h) and (i),

(c)  from the Australian Game Meat Producers Association in relation to the member referred to in subclause (2) (g).

(4)  The Minister is to consider any nomination made in accordance with subclause (3), but need not appoint a person so nominated.

(5)  Schedule 8 contains provisions relating to the constitution and procedure of the Meat Industry Consultative Council.

100 Industry consultation

(1)  For the purposes of section 105 of the Act, the Meat Industry Consultative Council has the function of consulting with the Food Authority on the meat food safety scheme in its application to the meat industry (other than the poultry meat industry).

(2)  For the purposes of the consultation required by section 105 of the Act on the meat food safety scheme in its application to the poultry meat industry, the Food Authority may consult with a committee that the Food Authority is satisfied has a membership with adequate representation from the poultry meat industry for that purpose.

101 Licence fees for licences in respect of meat businesses

(1)  The holder of a licence that authorises the carrying on of one or more of the activities specified in Column 1 of the Table in Part 2 of Schedule 4 is to pay a licence fee each year to the Food Authority that is equal to the total of the fees applicable to the licence as calculated in accordance with that Table.

(2)  The Food Authority may increase the amount of any licence fee payable under this clause annually in accordance with the annual percentage increase (if any) in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.

(3)  In Part 2 of Schedule 4, food handler means a full-time equivalent food handler who is an employee of the relevant licensee.

Part 7 Plant products food safety scheme

Division 1 Preliminary

102 Definitions

In the plant products food safety scheme:

fresh cut fruit means any fruit that has been processed in some way (for example, by trimming, cutting, slicing, peeling or pulling apart), but is still raw.

fresh cut vegetable means any of the following vegetables that has been processed in some way (for example, by trimming, cutting, slicing, peeling or pulling apart), but is still raw:

(a)  capsicum,

(b)  carrot,

(c)  celery,

(d)  leek,

(e)  mushroom,

(f)  spinach,

(g)  chinese cabbage,

(h)  cabbage,

(i)  witlof,

(j)  lettuce,

(k)  any other leafy green vegetable not included in the preceding paragraphs.

pasteurisation means, in relation to fruit or vegetable juice:

(a)  heating the juice to a temperature of not less than 72 degrees Celsius and retaining the juice at that temperature for no less than 15 seconds, or

(b)  treating the juice using a technology or method that produces an equivalent lethal effect on microorganisms present in the juice as that provided by the method referred to in paragraph (a).

plant product means fresh cut fruit, fresh cut vegetable, vegetables in oil, unpasteurised juice or seed sprouts.

plant products business—see clause 106.

seed sprouts means sprouted seeds (other than wheat grass) or sprouted beans.

unpasteurised juice means fruit or vegetable juice, or a mixture of such juice, that has not been subject to pasteurisation.

vegetables in oil means:

(a)  fruits, vegetables or herbs, or

(b)  parts of fruits, vegetables or herbs, or

(c)  a combination of anything in paragraph (a) or (b),

immersed wholly or partly in oil.

103 Plant products food safety scheme

The provisions of Part 4, this Part and Part 3 of Schedule 4 are prescribed as a food safety scheme under Part 8 of the Act.

104 Application of plant products food safety scheme to retail premises and food not intended for sale

(1)  The plant products food safety scheme does not apply to or in respect of the handling of food on retail premises.

(2)  The plant products food safety scheme does not apply to or in respect of the handling of food in or from a vehicle from which the food is sold by retail.

(3)  The plant products food safety scheme does not apply to or in respect of the handling of food that is not intended for sale.

105 Application of plant products food safety scheme to fresh cut fruit and vegetables, seed sprouts and juices

(1)  The Food Authority may declare that the plant products food safety scheme does not apply to a plant products business, or an activity of a plant products business, if the Food Authority is satisfied that the plant products business concerned, or the activity concerned, involves the handling of a plant product (other than vegetables in oil) that:

(a)  will be further processed in a way that will convert it from being a plant product and reduce the risk of microbiological contamination in it before it is supplied to a consumer, or

(b)  will be in packaging, when supplied to a consumer, that indicates that the plant product is not ready to consume until it is further processed in a way that will reduce the risk of microbiological contamination in it.

(2)  For the purposes of this clause, the risk of microbiological contamination is taken to be reduced:

(a)  in fresh cut fruit, fresh cut vegetable and seed sprouts by cooking or by a process equivalent in its effectiveness, or

(b)  in unpasteurised juice by pasteurisation or by a process equivalent in its effectiveness.

(3)  The Food Authority may require such information to be provided by an applicant for a declaration under this clause as the Food Authority considers is necessary to determine the application.

(4)  The Food Authority may revoke a declaration under this clause for any reason that the Food Authority considers appropriate, but only after having given written notice of its intention to do so to the proprietor of the plant products business concerned.

106 Meaning of “plant products business”

(1)  In the plant products food safety scheme, plant products business means a business involving the handling of plant products, but only if any of the following activities are carried out in the course of that business:

(a)  the extraction of juice from vegetables or fruits without pasteurising the juice,

(b)  the processing of seed sprouts, fruits or vegetables to produce plant products, including (but not limited to) cutting, peeling, preserving and cooking,

(c)  the storage of plant products,

(d)  the transportation of plant products,

(e)  the packaging of plant products.

(2)  A reference to a business or activity in subclause (1) does not include a reference to any business or activity that is the subject of a declaration that is in force under clause 105.

Division 2 Sampling and analyses

107 Plant products business to undertake analyses of plant products

(1)  The holder of a licence must, at the holder’s own expense, ensure that the following are analysed in accordance with this clause:

(a)  samples of plant products that are handled in the course of the plant products business authorised by the licence and are required to be analysed by the NSW Food Safety Schemes Manual,

(b)  samples of seed used for sprouting,

(c)  samples of spent irrigation water that has been used for seed sprouting,

(d)  samples of water that has not been supplied through a reticulated water system and that is used in connection with the production and processing of plant products in the course of the business.

Maximum penalty: 25 penalty units.

(2)  An analysis for the purposes of this clause is to be carried out at the frequency:

(a)  except as provided by paragraph (b), required by the NSW Food Safety Schemes Manual, or

(b)  required by a notice served on the holder of the licence under subclause (3).

(3)  The Food Authority may, by notice in writing given to the holder of a licence, do either or both of the following:

(a)  specify the frequency at which analyses are to be carried out for the purposes of this clause,

(b)  set out the standards required to be met in respect of the samples being analysed.

108 Reports of analyses

(1)  The holder of a licence must ensure that every analysis carried out for the purposes of clause 107 is carried out in a laboratory approved by the National Association of Testing Authorities, Australia, or the Food Authority, for the particular type of analysis to be undertaken.

Maximum penalty: 25 penalty units.

(2)  The holder of a licence must, in accordance with subclause (3), notify the Food Authority of the details of any analysis carried out by or on behalf of the holder for the purposes of clause 107 if the results of the analysis indicate that:

(a)  the sample analysed failed to meet the standards set out in the NSW Food Safety Schemes Manual, or

(b)  where a notice was given to the holder under clause 107 (3) setting out the required standards, the sample analysed failed to meet those standards.

Maximum penalty: 25 penalty units.

(3)  A notification under subclause (2) must:

(a)  be made orally within 24 hours after the holder becomes aware of the results of the analysis, and

(b)  be made in writing within 7 days after the holder becomes aware of the results of the analysis.

Division 3 Miscellaneous

109 Industry consultation

For the purposes of the consultation referred to in section 105 of the Act in relation to the plant products food safety scheme, the Food Authority is to consult directly with each holder of a licence that authorises the operation of a plant products business.

110 Licence fees for licences in respect of plant products businesses

(1)  The holder of a licence that authorises the carrying on of one or more of the activities specified in Column 1 of the Table in Part 3 of Schedule 4 is to pay a licence fee each year to the Food Authority that is equal to the total of the fees applicable to the licence as calculated in accordance with that Table.

(2)  The Food Authority may increase the amount of any licence fee payable under this clause annually in accordance with the annual percentage increase (if any) in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.

(3)  In Part 3 of Schedule 4, food handler means a full-time equivalent food handler who is an employee of the relevant licensee.

Part 8 Seafood safety scheme

Division 1 Preliminary

111 Definitions

In the seafood safety scheme:

annual local shellfish program levy means the levy payable under Division 7.

estuarine waters means waters located within the estuary of a New South Wales river.

local committee means a local shellfish committee appointed under clause 129.

local program means a local shellfish program prepared under clause 126 (3).

NSW Shellfish Committee means the New South Wales Shellfish Committee appointed under clause 127.

NSW Shellfish Industry Manual means the publication of that name published by the Food Authority, as in force from time to time.

Program means the New South Wales Shellfish Program established under clause 126.

seafood—see clause 115.

seafood business—see clause 116.

shellfish means bivalve molluscs, including cockles, clams, mussels, oysters, pipis and scallops, but does not include the following:

(a)  scallops and pearl oysters, where the only part intended for human consumption is the abductor muscle,

(b)  the spat of bivalve molluscs.

spat means juvenile bivalve molluscs taken for the sole purpose of growing on, that is, the process where juvenile molluscs are further grown for a sufficient period to enable their development prior to sale.

transhipment means the process of transferring live shellfish between harvest areas.

112 Seafood safety scheme

The provisions of Part 4, this Part, Part 4 of Schedule 4 and Schedule 9 are prescribed as a food safety scheme under Part 8 of the Act.

113 Application of seafood safety scheme to retail premises and food not intended for sale

(1)  The seafood safety scheme does not apply to or in respect of the handling of food on premises if the food is intended to be sold by retail from those premises.

(2)  The seafood safety scheme does not apply to or in respect of the handling of food in or from a vehicle from which the food is sold by retail.

(3)  The seafood safety scheme does not apply to or in respect of the handling of food that is not intended for sale.

114 Certain vessels excluded from Part

The seafood safety scheme does not apply to a vessel that is used in the handling of seafood intended for sale if the vessel is used for one or more of the following purposes only:

(a)  the cultivation and handling of live estuarine bivalve molluscs,

(b)  setting and retrieving fishing gear,

(c)  towing.

115 Meaning of “seafood”

(1)  In the seafood safety scheme, seafood means any of the following intended for human consumption:

(a)  aquatic vertebrates and aquatic invertebrates,

(b)  any product of, or anything containing a product of, a thing referred to in paragraph (a).

(2)  However, seafood does not include the following:

(a)  amphibians, mammals or reptiles,

(b)  aquatic plants,

(c)  any product of, or anything containing a product of, an amphibian, mammal or reptile, or an aquatic plant, that does not also contain any other thing referred to in subclause (1) (a) or (b).

116 Meaning of “seafood business”

(1)  In the seafood safety scheme, seafood business means a business involving the handling of seafood, including (but not limited to) the carrying on of any of the following activities:

(a)  the cultivating, harvesting or collecting of shellfish,

(b)  the depuration of shellfish,

(c)  the cultivating of spat,

(d)  aquaculture,

(e)  the processing of seafood, including (but not limited to) skinning, gilling and gutting, filleting, shucking, cooking, smoking, preserving and canning,

(f)  the packaging of seafood,

(g)  the storage of seafood,

(h)  the transportation of seafood, except the transportation of seafood from retail premises to the consumer or in a vehicle from which the seafood will be sold by retail,

(i)  the wholesaling of seafood.

(2)  For the purposes of the seafood safety scheme, a seafood business:

(a)  does not include the act of taking or catching fin fish, crustacea or cephalopod but includes any handling of such seafood immediately after it is taken or caught, whether the handling occurs on board a vessel or otherwise, and

(b)  does not include the handling of live lobsters, crayfish, abalone, crabs or sea urchins, and

(c)  does not include the retail sale of seafood.

117 Application of Food Standards Code to primary production of seafood

For the purposes of section 21 (5) of the Act, the following provisions of the Food Standards Code apply to a food business (within the meaning of section 6 of the Act) that involves the handling of food (being seafood) and is primary food production:

(a)  Standard 3.2.1,

(b)  Standard 4.2.1 (as modified by this Part).

118 Modification of Food Standards Code

(1)  Standard 4.2.1 of the Food Standards Code is modified by omitting the definitions of batch and growing on from clause 15 and by inserting instead the following:

  

batch means a quantity of bivalve molluscs harvested from the same harvesting area on the same date.

growing on means the process where juvenile bivalve molluscs are further grown for a sufficient period to enable their development prior to sale.

(2)  Standard 4.2.1 of the Food Standards Code is modified by omitting clause 16 (3) (a) and by inserting instead the following:

  

(a)  the conditions of the ASQAP Manual specified in the Schedule to this Standard, and

Division 2 Additional licence requirements

119 Application requirements

Without limiting the grounds on which the Food Authority may refuse a licence, the Food Authority must not grant a licence authorising the carrying on of a seafood business unless satisfied that the applicant has any necessary authorisation under the Fisheries Management Act 1994 to carry on the activities to which the application relates.

120 Suspension or cancellation of licence

Without limiting the grounds on which the Food Authority may suspend or cancel a licence, the Food Authority may suspend or cancel a licence authorising the carrying on of a seafood business if any relevant authorisation under the Fisheries Management Act 1994 has been suspended or cancelled.

Division 3 Sampling, analyses and records

121 Seafood businesses to undertake analyses of seafood

(1)  The holder of a licence that authorises the operation of a seafood business must, at the holder’s own expense, ensure that the following are analysed in accordance with this clause:

(a)  samples of seafood that are handled in the course of the seafood business authorised by the licence and are required to be analysed by the NSW Food Safety Schemes Manual,

(b)  samples of shellfish handled in the course of the seafood business authorised by the licence that are required to be analysed by the NSW Shellfish Industry Manual,

(c)  samples of those environments in which seafood handled in the course of the seafood business authorised by the licence is grown and harvested, being samples that are required to be analysed by the NSW Food Safety Schemes Manual,

(d)  samples of water that has not been supplied through a reticulated water system and that is used in connection with the production and processing of seafood in the course of the business, being samples that are required to be analysed by the NSW Food Safety Schemes Manual,

(e)  samples of water used for the wet storage of shellfish that are required to be analysed by the NSW Shellfish Industry Manual,

(f)  samples of water used for the depuration of shellfish that are required to be analysed by the NSW Shellfish Industry Manual.

Maximum penalty: 25 penalty units.

(2)  An analysis for the purposes of this clause of samples of shellfish or water used for the wet storage or depuration of shellfish is to be carried out at the frequency that is required by the NSW Shellfish Industry Manual.

(3)  An analysis for the purposes of this clause that is not referred to in subclause (2) is to be carried out at the frequency:

(a)  except as provided by paragraph (b), required by the NSW Food Safety Schemes Manual, or

(b)  required by a notice served on the holder of the licence under subclause (4).

(4)  The Food Authority may, by notice in writing given to the holder of a licence, do either or both of the following:

(a)  specify the frequency at which analyses (other than an analysis referred to in subclause (2)) are to be carried out for the purposes of this clause,

(b)  set out the standards required to be met in respect of the samples being analysed.

122 Reports of analyses

(1)  The holder of a licence must ensure that every analysis carried out for the purposes of clause 121 is carried out in a laboratory approved by the National Association of Testing Authorities, or by the Food Authority, for the particular type of analysis to be undertaken.

Maximum penalty: 25 penalty units.

(2)  The holder of a licence must, in accordance with subclause (3), notify the Food Authority of the details of any analysis carried out by or on behalf of the holder for the purposes of clause 121 if the results of the analysis indicate that:

(a)  in the case of an analysis referred to in clause 121 (2), the sample analysed failed to meet the standards set out in the NSW Shellfish Industry Manual, or

(b)  in any other case, the sample analysed failed to meet:

(i)  the standards set out in the NSW Food Safety Schemes Manual, or

(ii)  where a notice was given to the holder under clause 121 (4) setting out the required standards, the sample analysed failed to meet those standards.

Maximum penalty: 25 penalty units.

(3)  A notification under subclause (2) must:

(a)  be made orally within 24 hours after the holder becomes aware of the results of the analysis, and

(b)  be made in writing within 7 days after the holder becomes aware of the results of the analysis.

(4)  The person in charge of a laboratory in which an analysis for the purposes of clause 121 is carried out must submit a written report to the Food Authority on the results of the analysis within 24 hours after the analysis is completed if:

(a)  the analysis was of samples of shellfish or water used for the wet storage or depuration of shellfish, and

(b)  the analysis is not the subject of an exemption under subclause (6).

Maximum penalty: 25 penalty units.

(5)  The person in charge of a laboratory in which an analysis for the purposes of clause 130 (1) (a) (ii) is carried out must submit a written report to the Food Authority on the results of the analysis within 24 hours after the analysis is completed.

Maximum penalty: 25 penalty units.

(6)  The Food Authority may exempt analyses from the operation of subclause (4) or (5) in a particular case or class of cases.

(7)  An exemption must be in writing and notified to each laboratory that is affected or, in a case where the exemption affects or may affect a number of laboratories, may instead be published in the Gazette.

123 Records to be kept

The holder of a licence that authorises the operation of a seafood business must ensure that the following records are kept in relation to the business for a period of 2 years from the occurrence of the event to which they relate:

(a)  in relation to each occasion on which shellfish is harvested:

(i)  the date and time of harvest, and

(ii)  the name of the harvest area from which the shellfish was harvested, and

(iii)  the species of shellfish and quantity of each species harvested,

(b)  in relation to each occasion on which shellfish is collected:

(i)  the date and time of collection, and

(ii)  the name of the harvest area from which the shellfish was collected, and

(iii)  the species of shellfish collected and the quantity of each species collected,

(c)  in relation to each occasion on which shellfish is relayed:

(i)  the name of the harvest area from which the shellfish was relayed, and

(ii)  the date and time at which the shellfish was relayed from the harvest area, and

(iii)  the name of the harvest area to which the shellfish was relayed, and

(iv)  the date and time at which the shellfish was relayed to the harvest area, and

(v)  the species of shellfish relayed and the quantity of each species relayed,

(d)  in relation to each occasion on which shellfish is translocated:

(i)  the name of the area from which the shellfish was translocated, and

(ii)  the date on which the shellfish was translocated from the area, and

(iii)  the name of the harvest area to which the shellfish was translocated, and

(iv)  the date on which the shellfish was translocated to the harvest area, and

(v)  the species of shellfish translocated and the quantity of each species translocated,

(e)  in relation to the wet storage of each batch of shellfish:

(i)  the date and time at which wet storage commenced, and

(ii)  the date and time at which wet storage ended, and

(iii)  if the wet storage was carried out for the food business concerned by another food business, the licence number issued to the other business by the Food Authority, and

(iv)  the name of the operator of the wet storage facility, and

(v)  the source of the water used for the wet storage,

(f)  in relation to the depuration of each batch of shellfish:

(i)  the date and time at which depuration commenced, and

(ii)  the date and time at which depuration ended, and

(iii)  particulars that identify the depuration plant used for the depuration, and

(iv)  the name of the operator of the depuration facility, and

(v)  the source of the water used for the depuration, and

(vi)  a unique identifier of the batch of shellfish.

Maximum penalty: 25 penalty units.

124 Labelling of shellfish

The holder of a licence must ensure that any packaging containing shellfish ready for sale (whether wholesale or retail sale) bears a label that includes the following:

(a)  the name and address of the seafood business authorised by the licence,

(b)  a unique identifier of the batch of shellfish,

(c)  the name of the harvest area from which the shellfish was harvested,

(d)  the date of the harvest,

(e)  the species and quantity of shellfish,

(f)  a statement indicating the conditions under which the shellfish should be stored.

Maximum penalty: 25 penalty units.

125 Depuration of shellfish

(1)  The holder of a licence that authorises the harvesting or collecting of shellfish must ensure that shellfish harvested or collected under the authority of the licence are depurated in accordance with this clause in the circumstances specified in the plan of management referred to in clause 126 (3) (b).

(2)  The shellfish must be depurated for a minimum period of 36 hours and any method used for the disinfection of depuration water must be capable of achieving a reduction in Escherichia coli of 99.9 per cent.

Division 4 New South Wales Shellfish Program

126 Establishment of New South Wales Shellfish Program

(1)  The Food Authority is required:

(a)  to establish, manage and operate a program to be called the New South Wales Shellfish Program, and

(b)  to ensure that the Program is maintained and applied to the cultivation, harvest, collection, depuration, transhipment, labelling, identification and tracking of shellfish.

(2)  The objective of the Program is to ensure that shellfish harvested or collected in New South Wales for sale for human consumption meet food safety requirements by:

(a)  assessing harvest areas to determine appropriate risk-based classifications and required food safety controls, and

(b)  establishing criteria for the harvest, collection and depuration of shellfish, and

(c)  ensuring that those criteria are satisfied in the harvest, collection and depuration of shellfish, and

(d)  monitoring and assessing the effectiveness of those criteria.

(3)  For each area in which shellfish is harvested or collected, the Food Authority is to prepare a local shellfish program that includes the following:

(a)  the boundaries of any harvest area or areas within that local area,

(b)  plans for the management of harvest areas within that local area that set out the environmental conditions that must be met before shellfish can be harvested, collected or depurated,

(c)  a mechanism by which the Food Authority can advise licence holders in the local area who harvest or collect shellfish of any change to the status of a harvest area,

(d)  the identification of sites for the sampling of the environment in which shellfish are harvested or collected,

(e)  a plan for the taking of the samples referred to in paragraph (d) and a plan for the testing of those samples,

(f)  the identification of pollution sources that may adversely affect the environment in which the shellfish are harvested or collected.

127 Appointment of NSW Shellfish Committee

(1)  The Food Authority is required to appoint a committee to be called the NSW Shellfish Committee.

(2)  The NSW Shellfish Committee is to have 8 members of whom:

(a)  4 are to be persons who are holders of a licence that authorises the harvesting of farmed shellfish, and

(b)  one is to be a person who is the holder of a licence that authorises the collection of wild shellfish, and

(c)  one is to be a person who is an independent technical expert in the area of bivalve shellfish safety, and

(d)  one is to be the Chief Executive Officer, or a nominee of the Chief Executive Officer who is a member of staff of the Food Authority, and

(e)  one is to be the person appointed by the Food Authority as the Program Manager for the Program.

(3)  The members of the NSW Shellfish Committee referred to in subclause (2) (a), (b) and (c) are to be appointed by the Food Authority for a period, not exceeding 3 years, specified in their instruments of appointment and are to be selected by a panel established by the Food Authority comprising:

(a)  the Chief Executive Officer, and

(b)  an independent person appointed by the Food Authority, and

(c)  one industry representative who is a member of, and nominated by, the NSW Farmers Association Oyster Growers Committee.

(4)  The panel is to apply the following selection criteria in determining the persons who are to be members of the NSW Shellfish Committee referred to in subclause (2) (a) or (b), but may have regard to other relevant matters:

(a)  possession of a licence to harvest, collect or depurate shellfish,

(b)  commercial reliance on harvesting, collection or depuration of shellfish,

(c)  demonstration of previous compliance with the Program,

(d)  demonstration of experience at a local committee level in the Program.

(5)  The NSW Shellfish Committee is to elect one of its members as chairperson of the Committee.

128 Responsibilities of NSW Shellfish Committee

The NSW Shellfish Committee is responsible for the following:

(a)  advising the Minister and the Food Authority on matters relating to the operation and administration of the Program, including its operation at a local level,

(b)  communicating with and assisting local committees and industry members on matters relating to the Program,

(c)  providing, where appropriate, representatives to other committees dealing with shellfish food safety issues,

(d)  assisting the Food Authority in the preparation of an annual report on the operation and finances of the Program.

129 Appointment of local shellfish committees

(1)  The Food Authority is required to appoint a local shellfish committee for each area or group of areas of estuarine waters to which the Program relates.

(2)  A local committee is to comprise such number of members as the Food Authority considers appropriate.

(3)  The Food Authority is to arrange for the election of members of a local committee by such persons as the Food Authority is satisfied are holders of licences that authorise the harvesting or collection of shellfish, the operation of a depuration plant or the cultivation of shellfish or spat in the proposed area of operations of the committee.

(4)  A person is eligible to be elected to a local committee if the Food Authority is satisfied that the person:

(a)  is the holder of a licence that authorises the harvesting or collection of shellfish, the operation of a depuration plant or the cultivation of shellfish or spat in the proposed area of operations of the committee, and

(b)  has previously complied with the Program.

130 Responsibilities of local shellfish committees

(1)  A local committee is responsible for the following:

(a)  administering, under the direction of the Food Authority, the local program for the area for which the committee is appointed, including:

(i)  advising the Food Authority, and licence holders in the local area who harvest, collect or depurate shellfish, when the environmental conditions set out in the local program that must be met before shellfish can be harvested, collected or depurated are not satisfied, and

(ii)  co-ordinating the collection and analysis, at the expense of the local program, of samples of the environment in which the shellfish are grown, harvested or collected, in accordance with the plan for the management of harvest areas within that local area, and any additional sampling requirements of the Food Authority, and

(iii)  ensuring that each analysis carried out for the purposes of the local program is carried out in a laboratory approved by the National Association of Testing Authorities, or by the Food Authority, for the particular type of analysis to be undertaken,

(b)  communicating and consulting with the NSW Shellfish Committee, the Food Authority and persons who harvest farmed shellfish, collect wild shellfish, cultivate or depurate shellfish or cultivate spat in the area,

(c)  determining annually, in consultation with persons required to comply with the local program, the total projected administration and operational costs of the local program (including the cost of maintaining the local committee),

(d)  advising the Food Authority before 1 August in each year of the costs referred to in paragraph (c),

(e)  preparing and submitting to the Food Authority, before 1 August in each year, a report on the local committee’s operations, including the level of participation in the local program, an account of the finances of the committee and any other matter that the NSW Shellfish Committee notifies as being required for inclusion in the report.

(2)  A local committee is to nominate one or more of its members to assist in the day to day operation of the local program under the general direction of the Food Authority.

131 Provisions relating to members and procedure of committees

Schedule 9 applies to the NSW Shellfish Committee and to each local committee.

132 Funding of committees

(1)  The Food Authority may arrange for the funding of the NSW Shellfish Committee from licence fees and levies payable under Division 6.

(2)  The Food Authority may arrange for the funding of each local committee from money levied under Division 7.

(3)  Each committee funded by the Food Authority is to keep accounts of:

(a)  all amounts paid to the committee by the Food Authority for the purposes of enabling the committee to exercise its functions, and

(b)  all amounts expended by the committee.

(4)  A local committee is to establish and maintain at an authorised deposit-taking institution located in New South Wales a trust account for the operation of the relevant local program into which all amounts referred to in subclause (3) (a) are to be paid.

(5)  The Food Authority may require a committee funded by the Food Authority under this Part to produce its accounts for inspection at any reasonable time.

Division 5 Annual general licence fees

133 Annual general licence fees for seafood businesses

(1)  The holder of a licence that authorises the carrying on of one or more of the activities specified in Column 1 of the Table in Part 4 of Schedule 4 is to pay a licence fee each year to the Food Authority that is equal to the total of the fees applicable to the licence as calculated in accordance with that Table.

(2)  The Food Authority may increase the amount of any licence fee payable under this clause annually in accordance with the annual percentage increase (if any) in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.

(3)  In Part 4 of Schedule 4, food handler means a full-time equivalent food handler who is an employee of the relevant licensee.

Division 6 Licence fees and levies for State shellfish program

134 Payment of licence fees for shellfish harvesting, cultivating of shellfish, cultivating of spat or operation of depuration plant

(1)  The holder of a licence that authorises the harvesting of shellfish, cultivating of shellfish, the cultivating of spat or the operation of a depuration plant is to pay a licence fee each year to the Food Authority.

(2)  The amount of the licence fee is the fee determined by the Food Authority or the fee calculated on the basis determined by the Food Authority.

(3)  The Food Authority may determine a fee, or a basis for calculating a fee, for the purposes of subclause (2) that:

(a)  applies generally or is limited in its application by reference to specified exceptions or factors, or

(b)  applies differently according to different factors of a specified kind.

(4)  Without limiting subclauses (2) and (3), the Food Authority may determine that a fee is to be increased in accordance with the annual percentage increase (if any) in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.

(5)  The licence fee payable under this clause is in addition to any other licence fee or levy payable by the holder under this Part.

135 Shellfish area service levy

(1)  The holder of a licence is to pay a levy each year to the Food Authority if the holder:

(a)  is also the holder of a class A aquaculture permit issued under Part 6 of the Fisheries Management Act 1994 that authorises the carrying on of any activity authorised by the licence, and

(b)  is the lessee under an aquaculture lease granted under Part 6 of that Act.

(2)  The amount of the levy payable under this clause by the holder of a licence is to be calculated by multiplying the number of hectares (including any part of a hectare) of the area of the aquaculture lease granted to the holder by $31.

(3)  The levy payable under this clause is in addition to any other licence fee or levy payable by the holder under this Part.

136 Purposes for which licence fee or levy to be applied

A licence fee or levy payable under this Division is to be applied only for the following purposes:

(a)  meeting the costs incurred in maintaining the NSW Shellfish Committee,

(b)  meeting the costs incurred by that Committee in carrying out its responsibilities,

(c)  contributing to the operating costs of the Program.

Division 7 Local shellfish program levy

137 Payment of annual local shellfish program levy

(1)  An annual local shellfish program levy is payable to the Food Authority, in addition to any other levy payable under this Part, by the holder of a licence that authorises any of the following activities if there is a local committee appointed for the area in which the activity is carried on:

(a)  the harvesting, cultivation or collection of shellfish,

(b)  the cultivation of spat,

(c)  the operation of a depuration plant.

(2)  The levy is to be applied only for the following purposes:

(a)  meeting the costs incurred in maintaining the local committees,

(b)  meeting the costs incurred by those committees in carrying out their responsibilities.

138 Calculation of annual local shellfish program levy

(1)  The annual local shellfish program levy payable by the holder of a licence is to be calculated in accordance with this clause.

(2)  The Food Authority is to determine the levy payable under this clause in relation to the holder of a licence who harvests, collects or cultivates shellfish, cultivates spat or operates a depuration plant, in an area for which a local committee is appointed by dividing the total projected administration and operational costs submitted to the Food Authority under clause 130 (1) (c) for the year concerned by the number of such licence holders.

(3)  If the holder of a licence harvests, collects or cultivates shellfish, cultivates spat or operates a depuration plant, in more than one area for which a local committee is appointed, the holder is liable to pay a levy under this Division for each of those areas.

(4)  Despite any other provision of this Division, the levy payable by the holder of a licence in respect of an area for which a local committee is appointed is to be reduced by half if:

(a)  the only activity carried on in that area under the licence is:

(i)  the operation of a depuration plant, or

(ii)  the cultivating of spat, and

(b)  the holder harvests, collects or cultivates shellfish, cultivates spat or operates a depuration plant, in at least one other such area and has paid an unreduced amount of levy required under this Division in relation to at least one other such area.

Division 8 Miscellaneous

139 New South Wales Seafood Industry Conference

(1)  The Food Authority is to establish a body to be known as the New South Wales Seafood Industry Conference (the Industry Conference) for the purposes of the consultation referred to in section 105 of the Act in relation to the seafood safety scheme other than in its application to the shellfish industry.

(2)  The Industry Conference is to be comprised principally of persons nominated by the seafood industry, and endorsed by the Food Authority, to represent the major sectors of the industry.

(3)  The Industry Conference may also comprise such officers of the Food Authority and the Department of Health, and representatives of other bodies or industry organisations, as the Food Authority allows.

(4)  The Industry Conference may establish subcommittees to assist it in the exercise of its functions.

(5)  The Food Authority is to appoint a Chairperson and Secretary of the Industry Conference.

(6)  The procedure for the calling and holding of meetings of the Industry Conference is to be as determined by the Food Authority in consultation with the seafood industry.

140 Industry consultation on shellfish

The NSW Shellfish Committee is established as the consultative body for the purposes of the consultation referred to in section 105 of the Act in relation to the seafood safety scheme in its application to the shellfish industry.

Note—

The NSW Shellfish Committee has other functions under Division 4.

Part 9 Vulnerable persons food safety scheme

Division 1 Preliminary

141 Definitions

In the vulnerable persons food safety scheme:

Consultative Committee means the body established under clause 147.

vulnerable persons food business—see clause 143.

142 Vulnerable persons food safety scheme

The provisions of Part 4, this Part and Part 5 of Schedule 4 are prescribed as a food safety scheme under Part 8 of the Act.

143 Meaning of “vulnerable persons food business”

In the vulnerable persons food safety scheme, vulnerable persons food business means a food business to which Standard 3.3.1 of the Food Standards Code applies.

Note—

See clause 144 which contains modifications relating to Standard 3.3.1 of the Food Standards Code.

144 Modification of Food Standards Code

Standard 3.3.1 of the Food Standards Code is modified by omitting the matter relating to child care centres from the Schedule to that Standard.

Division 2 Sampling and analyses

145 Vulnerable persons food business to undertake analyses of food

(1)  The holder of a licence that authorises the carrying on of a vulnerable persons food business must, at the holder’s own expense, ensure that the following are analysed in accordance with this clause:

(a)  samples of food handled in the course of the business,

(b)  samples of water that has not been supplied through a reticulated water system and that is used in connection with the handling of food in the course of the business.

Maximum penalty: 25 penalty units.

(2)  An analysis for the purposes of this clause is to be carried out at the frequency:

(a)  except as provided by paragraph (b), required by the NSW Food Safety Schemes Manual, or

(b)  required by a notice served on the holder of the licence under subclause (3).

(3)  The Food Authority may, by notice in writing given to the holder of a licence, do either or both of the following:

(a)  specify the frequency at which analyses are to be carried out for the purposes of this clause,

(b)  set out the standards required to be met in respect of the samples being analysed.

146 Reports of analyses

(1)  The holder of a licence that authorises the carrying on of a vulnerable persons food business must ensure that every analysis carried out for the purposes of clause 145 is carried out in a laboratory approved by the National Association of Testing Authorities, Australia, or by the Food Authority for the particular type of analysis to be undertaken.

Maximum penalty: 25 penalty units.

(2)  The holder of a licence that authorises the carrying on of a vulnerable persons food business must, in accordance with subclause (3), notify the Food Authority of the results of any analysis carried out by or on behalf of the holder of the licence for the purposes of clause 145 if the results of the analysis indicate that:

(a)  the sample analysed failed to meet the requirements of the NSW Food Safety Schemes Manual, or

(b)  where a notice was given to the holder under clause 145 (3) setting out the required standards, the sample analysed failed to meet those standards.

Maximum penalty: 25 penalty units.

(3)  A notification under subclause (2) must:

(a)  be made orally within 24 hours after the holder becomes aware of the results of the analysis, and

(b)  be made in writing within 7 days after the holder becomes aware of the results of the analysis.

Division 3 Miscellaneous

147 New South Wales Vulnerable Persons Food Safety Scheme Consultative Committee

(1)  The Food Authority is to establish a body to be known as the New South Wales Vulnerable Persons Food Safety Scheme Consultative Committee for the purposes of the consultation referred to in section 105 of the Act in relation to the vulnerable persons food safety scheme.

(2)  The Consultative Committee is to be comprised principally of persons nominated by the relevant industry, and endorsed by the Food Authority, to represent the main sectors of the industry.

(3)  The Consultative Committee may also comprise such officers of the Food Authority and the Department of Health, and representatives of other bodies or industry organisations and of consumers, as the Food Authority allows.

(4)  The Consultative Committee may establish subcommittees to assist it in the exercise of its functions.

(5)  The Food Authority is to appoint a Chairperson and Secretary of the Consultative Committee.

(6)  The procedure for the calling and holding of meetings of the Consultative Committee is to be as determined by the Food Authority in consultation with the relevant industry.

148 Licence fees for licences in respect of vulnerable persons food businesses

(1)  The holder of a licence that authorises the carrying on of a vulnerable persons food business is to pay a licence fee each year to the Food Authority calculated in accordance with this clause in respect of each of the premises to which the licence relates.

(2)  The fee payable in respect of premises is the fee set out in Column 2 of the Table in Part 5 of Schedule 4 opposite the number of full-time equivalent food handlers specified in Column 1 of that Table that are employed by the relevant licensee to handle food at the premises.

(3)  The Food Authority may increase the amount of any licence fee payable under this clause annually in accordance with the annual percentage increase (if any) in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.

Part 10 Egg food safety scheme

Division 1 Preliminary

149 Definitions

In the egg food safety scheme:

blended egg product mixture—see clause 152 (3).

broken egg means an egg with a cracked shell and a broken shell membrane.

cracked egg means an egg with a cracked shell, where a crack is visible or visible by candling, and an unbroken shell membrane.

egg means the egg of any avian species.

egg business—see clause 152 (1).

egg producer means a person who produces eggs for sale.

egg product—see clause 152 (2).

licence means a licence authorising the carrying on of an egg business.

specialty egg—see clause 152 (4).

150 Egg food safety scheme

The provisions of Part 4, this Part and Part 6 of Schedule 4 are prescribed as a food safety scheme under Part 8 of the Act.

151 Application of egg food safety scheme to retail premises and food not intended for sale

(1)  The egg food safety scheme (except clauses 156–160 of this Part) does not apply to or in respect of the handling of food on retail premises.

(2)  The egg food safety scheme (except clauses 156–160 of this Part) does not apply to or in respect of the handling of food in or from a vehicle from which the food is sold by retail.

(3)  The egg food safety scheme does not apply to or in respect of the handling of food that is not intended for sale.

152 Meaning of “egg business”, “egg product”, “blended egg product mixture” and “specialty egg”

(1)  In the egg food safety scheme, egg business means a business involving any of the following:

(a)  producing, washing, grading or dry cleaning more than 20 dozen eggs in any week,

(b)  the examination (other than random examination for the purpose of quality control) of more than 20 dozen eggs in any week to detect cracks,

(c)  manufacturing or processing of egg products (other than the pasteurisation of egg products),

(d)  manufacturing or processing of blended egg product mixtures (other than the pasteurisation of blended egg product mixtures),

(e)  manufacturing or processing of specialty eggs,

(f)  pasteurising of egg products,

(g)  pasteurising of blended egg product mixtures,

(h)  transporting egg products (other than in dried form), blended egg product mixtures (other than in dried form), cracked eggs or specialty eggs, or any combination of those things,

(i)  storing egg products (other than in dried form), blended egg product mixtures (other than in dried form), cracked eggs, or specialty eggs, or any combination of those things, other than storing on premises in connection with a business that also undertakes any of the following on the premises:

(i)  the manufacturing or processing of egg products, blended egg product mixtures or specialty eggs,

(ii)  the production of food using egg products or blended egg product mixtures, or both.

(2)  In the egg food safety scheme, egg product means the whole or a part of the content of an egg with the shell removed and in any form.

(3)  In the egg food safety scheme, blended egg product mixture means a product consisting of at least 80 per cent by weight of egg white or egg yolk, or both, and other food.

(4)  In the egg food safety scheme, specialty egg means a century egg, salted egg or balut egg.

153 Application of Food Standards Code to primary production of eggs

For the purposes of section 21 (5) of the Act, the following provisions of the Food Standards Code apply to a food business (within the meaning of section 6 of the Act) that involves the handling of food (being eggs) and is primary food production:

(a)  Standard 3.1.1,

(b)  Standard 3.2.1,

(c)  Division 1, clauses 6, 9, 10 and 12 of Division 3, Subdivision 2 of Division 4 and Division 5 of Standard 3.2.2,

(d)  clause 4 of Division 2 of Standard 3.2.2 unless the food business is referred to in section 101 of the Act,

(e)  Standard 3.2.3.

154 Modification of Food Standards Code

(1)  Standard 1.6.2 of the Food Standards Code is modified by omitting from clause 3 (2) and (3) the word “Liquid” wherever occurring and by inserting instead the words “Subject to subclause 2 (2) of Standard 2.2.2, liquid”.

(2)  Standard 2.2.2 of the Food Standards Code is modified by omitting clause 2 (2) and by inserting instead:

  

(2)  Subclause (1) does not apply to the non-retail sale of egg products used in the preparation of a food:

(a)  that consists of:

(i)  at least 80 per cent by weight of egg white or egg yolk, or both, and

(ii)  other food, and

(b)  that is pasteurised or undergoes an equivalent treatment so that the egg product used in the food meets the microbiological criteria specified in Standard 1.6.1.

(3)  Standard 3.1.1 of the Food Standards Code is modified by inserting after clause 4 (2):

  

(3)  The proprietor of a food business (within the meaning of section 6 of the Food Act 2003 of New South Wales) that involves the handling of food (being eggs) and is primary food production must ensure that the food business complies with Division 1, clauses 6, 9, 10 and 12 of Division 3, Subdivision 2 of Division 4 and Division 5 of Standard 3.2.2—Food Safety Practices and General Requirements.

(4)  The proprietor of a food business (within the meaning of section 6 of the Food Act 2003 of New South Wales) that involves the handling of food (being eggs) and is primary food production must ensure that the food business complies with clause 4 of Division 2 of Standard 3.2.2. unless the food business is the subject of a licence or some other form of authorisation under that Act or under a law prescribed by the regulations under that Act.

(5)  A person who directly engages in the handling of food, or who handles surfaces likely to come into contact with food, for a food business referred to in subclause (3) must comply with all the requirements set out in Subdivision 1 of Division 4 of Standard 3.2.2.

(4)  Standard 3.2.3 of the Food Standards Code is modified by omitting the Editorial note after clause 2 (1) and by inserting instead:

  

(1A)  This Standard applies to a food business (within the meaning of section 6 of the Food Act 2003 of New South Wales) that involves the handling of food (being eggs) and is primary food production in the same way as it applies to food businesses referred to in subclause (1).

Division 2 Requirements relating to production, handling and sale of eggs, egg products and blended egg product mixtures

155 Food for birds not to introduce risk of contamination of eggs

(1)  An egg producer must ensure that any bird that is being kept by the producer for the purpose of producing eggs for human consumption that are intended for sale is not fed any stock food that is likely to cause the eggs produced to be unsafe or unsuitable.

Maximum penalty: 25 penalty units.

(2)  In any proceedings against an egg producer for an offence under subclause (1) where the egg producer was aware that the stock food concerned was being fed to a bird referred to in that subclause, it is a defence if the egg producer shows that the egg producer did not know, and could not reasonably have known, that the stock food was likely to cause the eggs produced to be unsafe or unsuitable.

156 Sale of unpasteurised egg product and unpasteurised blended egg product mixture

A person must not sell unpasteurised egg product or unpasteurised blended egg product mixture except to the holder of a licence that authorises the holder to pasteurise the egg product or blended egg product mixture, or both.

Maximum penalty: 25 penalty units.

157 Unpasteurised egg product not to be used in food for sale

(1)  A person must not use unpasteurised egg product in food other than in the preparation of blended egg product mixture.

Maximum penalty: 25 penalty units.

(2)  This clause does not apply to egg product from an egg that is cracked and broken for the purpose of, and in the course of, the preparation of the food.

(3)  Nothing in this clause affects any requirement of clause 7 of Standard 3.2.2 of the Food Standards Code.

158 Unpasteurised blended egg product mixture not to be used in food for sale

A person must not use unpasteurised blended egg product mixture in food.

Maximum penalty: 25 penalty units.

159 Sale and use of cracked eggs

(1)  A person must not sell a cracked egg except to the holder of a licence.

Maximum penalty: 25 penalty units.

(2)  A person must not use a cracked egg in the preparation of food unless:

(a)  the cracked egg is used in the preparation of egg product or blended egg product mixture, or

(b)  the cracked egg was cracked and broken for the purpose of, and in the course of, the preparation of the food.

Maximum penalty: 25 penalty units.

(3)  Nothing in this clause affects any requirement of Standard 2.2.2 of the Food Standards Code as modified by this Regulation.

160 Sale and use of broken eggs

(1)  A person must not sell a broken egg intended for human consumption.

Maximum penalty: 25 penalty units.

(2)  A person must not use a broken egg in the preparation of food unless the egg is broken for the purpose of, and in the course of, the preparation of the food.

Maximum penalty: 25 penalty units.

161 Sale and processing of dirty eggs

(1)  An egg producer or a person who operates an egg business must ensure that any egg intended for human consumption on the shell of which there is visible faeces, soil or other matter is dealt with by:

(a)  selling the egg to the holder of a licence that authorises the washing or dry cleaning of eggs, or

(b)  cleaning the egg shell so that the visible faeces, soil or other matter is removed from the shell, or

(c)  separating the egg shell from the egg product by using a process that:

(i)  minimises contact between the outside of the shell and the egg product and does not cause contamination of the egg product during or after the process of separation, and

(ii)  pasteurises the egg product.

Maximum penalty: 25 penalty units.

(2)  A reference in this clause to other matter does not include a reference to labels, stickers or ink stamps.

162 Eggs for sale to be free of chemical contaminants

(1)  An egg producer must not sell eggs for human consumption that have been obtained from a bird that has been administered a veterinary chemical product (within the meaning of the Agvet Code) in contravention of the Stock Medicines Act 1989 or the Pesticides Act 1999 unless the Food Authority has approved in writing of the sale of the eggs.

Maximum penalty: 25 penalty units.

(2)  The Food Authority is not to give approval for the purposes of subclause (1) unless the egg producer concerned has demonstrated to the satisfaction of the Food Authority that the eggs comply with Standard 1.4.2 of the Food Standards Code.

(3)  In this clause, Agvet Code means the provisions applying because of section 5 of the Agricultural and Veterinary Chemicals (New South Wales) Act 1994.

163 Method of pasteurisation of egg product

A reference in any provision of the egg food safety scheme to the pasteurisation (however expressed) of an egg product is a reference to the pasteurisation of the egg product:

(a)  in accordance with the requirements of Standard 1.6.2 of the Food Standards Code and using equipment in accordance with the requirements of the NSW Food Safety Schemes Manual, or

(b)  by using an equivalent heat process using any other time and temperature combination of equal or greater lethal effect on pathogens in the egg product as would be achieved by pasteurisation in accordance with that Standard and using equipment that complies with the requirements of the NSW Food Safety Schemes Manual, or

(c)  by using any other process that provides an equivalent or greater lethal effect on pathogens in the egg product as would be achieved by pasteurisation in accordance with that Standard and using equipment approved by the Food Authority that complies with the requirements of the NSW Food Safety Schemes Manual.

164 Method of pasteurisation of blended egg product mixture

A reference in any provision of the egg food safety scheme to the pasteurisation (however expressed) of blended egg product mixture is a reference to the pasteurisation of the blended egg product mixture:

(a)  by using an equivalent heat process using any other time and temperature combination of equal or greater lethal effect on pathogens in the blended egg product mixture as would be achieved by pasteurisation of an egg product in accordance with the requirements of Standard 1.6.2 of the Food Standards Code and using equipment that complies with the requirements of the NSW Food Safety Schemes Manual, or

(b)  by using any other process that provides an equivalent or greater lethal effect on pathogens in the blended egg product mixture as would be achieved by pasteurisation of an egg product in accordance with that Standard and using equipment approved by the Food Authority that complies with the requirements of the NSW Food Safety Schemes Manual.

Division 3 Sampling and analyses

165 Egg businesses to undertake analyses of eggs, egg products, blended egg product mixtures, specialty eggs and water

(1)  The holder of a licence that authorises the operation of an egg business must, at the holder’s own expense, ensure that samples of each of the following are analysed in accordance with this clause:

(a)  eggs that are handled in the course of the business and are required to be analysed by the NSW Food Safety Schemes Manual,

(b)  egg products that are handled in the course of the business and are required to be analysed by the NSW Food Safety Schemes Manual,

(c)  blended egg product mixtures that are handled in the course of the egg business and are required to be analysed by the NSW Food Safety Schemes Manual,

(d)  specialty eggs that are handled in the course of the business and are required to be analysed by the NSW Food Safety Schemes Manual,

(e)  water that has not been supplied through a reticulated water system used in the production of eggs, processing of eggs, egg products, blended egg product mixtures and specialty eggs by the business.

Maximum penalty: 25 penalty units.

(2)  An analysis for the purposes of this clause is to be carried out at the frequency:

(a)  except as provided by paragraph (b), required by the NSW Food Safety Schemes Manual, or

(b)  required by a notice served on the holder of the licence under subclause (3).

(3)  The Food Authority may, by notice in writing given to the holder of a licence do either or both of the following:

(a)  specify the frequency at which analyses are to be carried out for the purposes of this clause,

(b)  set out the microbiological standards required to be met in respect of the eggs, egg products, blended egg product mixtures, specialty eggs or water being analysed.

166 Reports of analyses

(1)  The holder of a licence must ensure that every analysis carried out for the purposes of clause 165 is carried out in a laboratory approved by the National Association of Testing Authorities, Australia, or the Food Authority, for the particular type of analysis to be undertaken.

Maximum penalty: 25 penalty units.

(2)  The holder of a licence must, in accordance with subclause (3), notify the Food Authority of the details of any analysis carried out by or on behalf of the holder for the purposes of clause 165 if the results of the analysis indicate that:

(a)  the sample analysed failed to meet the microbiological standards set out in the NSW Food Safety Schemes Manual, or

(b)  where a notice was given to the holder under clause 165 (3) setting out the required microbiological standards, the sample analysed failed to meet those microbiological standards.

Maximum penalty: 25 penalty units.

(3)  A notification under subclause (2) must:

(a)  be made orally within 24 hours after the holder becomes aware of the results of the analysis, and

(b)  be made in writing within 7 days after the holder becomes aware of the results of the analysis.

167 Records to be kept in relation to sale, purchase, transportation and storage of cracked eggs, unpasteurised egg products, unpasteurised blended egg product mixtures and specialty eggs

(1) Records relating to sales The holder of a licence must ensure that the following records are kept in relation to the sale, in the course of the conduct of the egg business to which the licence relates, of any cracked eggs, specialty eggs, unpasteurised egg products and unpasteurised blended egg product mixtures:

(a)  the names and addresses of the persons or businesses to whom the eggs, egg products or mixtures are sold,

(b)  the dates on which the eggs, egg products or mixtures are sold,

(c)  the lot identification numbers of the eggs, egg products or mixtures sold,

(d)  the quantity of eggs, egg products or mixtures sold.

Maximum penalty: 25 penalty units.

(2) Records relating to purchases The holder of a licence must ensure that the following records are kept in relation to the purchase, in the course of the conduct of the egg business to which the licence relates, of any cracked eggs, specialty eggs, unpasteurised egg products and unpasteurised blended egg product mixtures:

(a)  the names and addresses of the persons or businesses from whom the eggs, egg products or mixtures are purchased,

(b)  the dates on which the eggs, egg products or mixtures are purchased,

(c)  the lot identification numbers of the eggs, egg products or mixtures purchased,

(d)  the quantity of eggs, egg products or mixtures purchased.

Maximum penalty: 25 penalty units.

(3) Records relating to transportation The holder of a licence must ensure that the following records are kept in relation to the transportation to another person or business, in the course of the conduct of the egg business to which the licence relates, of any cracked eggs, specialty eggs, unpasteurised egg products and unpasteurised blended egg product mixtures:

(a)  the names and addresses of the persons or businesses for whom the eggs, egg products or mixtures are transported and to whom the eggs, egg products or mixtures are transported,

(b)  the names and addresses of the persons or businesses (if known to the holder) that supplied the eggs, egg products or mixtures,

(c)  the addresses of premises from which the eggs, egg products or mixtures were collected for transportation and to which the eggs, egg products or mixtures were delivered,

(d)  the dates on which the eggs, egg products or mixtures are transported,

(e)  the lot identification numbers of the eggs, egg products or mixtures transported,

(f)  the quantity of eggs, egg products or mixtures transported.

Maximum penalty: 25 penalty units.

(4) Records relating to storage The holder of a licence must ensure that the following records are kept in relation to the storage for another person or business, in the course of the conduct of the egg business to which the licence relates, of any cracked eggs, specialty eggs, unpasteurised egg products or unpasteurised blended egg product mixtures:

(a)  the names and addresses of the persons or businesses for whom the eggs, egg products or mixtures are stored,

(b)  the date on which the eggs, egg products or mixtures were first stored,

(c)  the lot identification numbers of the eggs, egg products or mixtures stored,

(d)  the quantity of eggs, egg products or mixtures stored.

Maximum penalty: 25 penalty units.

Division 4 Miscellaneous

168 Industry consultation

(1)  For the purpose of the consultation required by section 105 of the Act in relation to the egg food safety scheme, the Food Authority may consult with a committee that the Food Authority is satisfied has a membership with adequate representation from the egg industry for that purpose.

(2)  The committee may also comprise officers of the Food Authority and the Department of Industry and Investment, and representatives of other bodies or industry organisations and of consumers.

169 Application of notification provisions of the Act to food businesses producing eggs that are primary production

Section 100 (1) of the Act applies to a food business that is primary production and involves the production of eggs intended for sale for human consumption unless the food business is a food business referred to in section 101 (a) or (b) of the Act.

Note—

Section 101 of the Act provides that section 100 of the Act does not apply to any food business that is not required by the Food Safety Standards to notify that information or any food business that is the subject of a licence or some other form of authorisation under the Act or under a law prescribed by the regulations.

170 Licence fees for licences in respect of egg businesses

(1)  The holder of a licence that authorises the carrying on of one or more of the activities specified in Column 1 of the Table in Part 6 of Schedule 4 is to pay a licence fee each year to the Food Authority that is equal to the total of the fees applicable to the licence as calculated in accordance with that Table.

(2)  The Food Authority may increase the amount of any licence fee payable under this clause annually in accordance with the annual percentage increase (if any) in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.

(3)  In Part 6 of Schedule 4, food handler means a full-time equivalent food handler who is an employee of the relevant licensee.

Schedule 1 Form

Form 1   Report of food safety auditor

(Clause 10)

Audit details

Licence name:

Licence number:

Facility location:

Facility reference number:

Auditor first name:

Auditor surname:

Auditor number:

Audit date:

Audit duration:

Last audit date:

Audit items

[The information below is to be completed in respect of each of the following audit items:

•  food safety program,

•  construction and maintenance,

•  hygiene and sanitation,

•  process control,

•  product ID and traceability,

•  analytical and testing,

•  pre-requisite programs,

•  corrective action.]

1 Previous Corrective Action Request (CAR)? Yes □ No □ (a) If yes to 1 , issues to close? Yes □ No □ (b) If yes to (a) , for each issue: (i) Issue number from previous CAR: (ii) Close out comments: (c) If yes to 1 , issues to reissue? Yes □ No □ (d) If yes to (c) , for each issue: (i) Issue number from previous CAR: (ii) Description: (iii) Rectification date:

2 New issues? Yes □ No □ (a) If yes to 2 , for each issue: (i) Description: (ii) Rectification date:

Result: CAR issued / Acceptable (Delete whichever is not applicable)

CAR issue level: Minor / Major / Critical (Delete whichever is not applicable)

Audit results

Audit score:

Audit level:

Audit outcome:

Auditor declarations

I am of the opinion that the food business is being carried on in compliance with the requirements of the regulations relating to food safety programs.

Yes □ No □

I am of the opinion that the food business is being carried on in compliance with the provisions of the Food Safety Standards.

Yes □ No □

Auditor comments

Comments:

Schedule 2 Penalty notices

(Clause 16)

Part 1 Offences against the Act

Column 1	Column 2	Column 3
Provision of the Act	Penalty for an individual	Penalty for a corporation
Section 16 (1)	$770	$1540
Section 16 (2)	$770	$1540
Section 17 (1)	$660	$1320
Section 17 (2)	$660	$1320
Section 18 (1)	$770	$1540
Section 18 (2)	$770	$1540
Section 18 (3)	$770	$1540
Section 19 (1)	$770	$1540
Section 20 (1) (a)	$770	$1540
Section 20 (1) (b)	$770	$1540
Section 20 (2)	$770	$1540
Section 21 (1)	$440	$880
Section 21 (2)	$440	$880
Section 21 (3)	$440	$880
Section 21 (4)	$440	$880
Section 35 (a)	$1430	$2860
Section 35 (b)	$1430	$2860
Section 35 (c)	$1430	$2860
Section 41	$770	$1540
Section 42	$770	$1540
Section 43 (2)	$770
Section 64	$770	$1540
Section 66AA (3)	$660	$1320
Section 77	$220	$440
Section 83	$220	$440
Section 89 (1)	$220	$440
Section 99 (2)	$770
Section 100 (1)	$440	$880
Section 104 (1)	$660	$1,320
Section 104 (2)	$660	$1,320
Section 104 (3)	$660	$1,320
Section 104 (4)	$660	$1,320
Section 104 (5)	$660	$1,320
Section 136 (1)	$440	$880

Part 2 Offences against this Regulation

Table

Column 1	Column 2	Column 3
Provision of this Regulation	Penalty for individual	Penalty for corporation
Clause 31 (2)	$330	$330
Clause 32 (1)	$330	$330
Clause 32 (2)	$330	$330
Clause 52 (1)	$660	$660
Clause 53 (1)	$660	$660
Clause 53 (2)	$660	$660
Clause 63 (1)	$660	$660
Clause 63 (2)	$660	$660
Clause 63 (3)	$660	$660
Clause 79 (1)	$660
Clause 79 (2)	$660
Clause 79 (4)	$660
Clause 84 (1)	$660
Clause 84 (2)	$660
Clause 84 (4)	$660
Clause 89 (4)	$660	$660
Clause 92	$660	$660
Clause 97 (1)	$660	$660
Clause 97 (2)	$660	$660
Clause 97 (3)	$660	$660
Clause 97 (4)	$660	$660
Clause 98 (1)	$660	$660
Clause 98 (2)	$660	$660
Clause 107 (1)	$330	$330
Clause 108 (1)	$330	$330
Clause 108 (2)	$330	$330
Clause 121 (1)	$660	$660
Clause 122 (1)	$660	$660
Clause 122 (2)	$660	$660
Clause 122 (4)	$660
Clause 122 (5)	$660
Clause 123	$660	$660
Clause 124	$660	$660
Clause 145 (1)	$660	$660
Clause 146 (1)	$660	$660
Clause 146 (2)	$660	$660
Clause 155 (1)	$660	$660
Clause 156	$660	$660
Clause 157 (1)	$440	$440
Clause 158	$440	$440
Clause 159 (1)	$660	$660
Clause 159 (2)	$330	$330
Clause 160 (1)	$660	$660
Clause 160 (2)	$660	$660
Clause 161 (1)	$660	$660
Clause 162 (1)	$660	$660
Clause 165 (1)	$660	$660
Clause 166 (1)	$660	$660
Clause 166 (2)	$660	$660
Clause 167 (1)	$660	$660
Clause 167 (2)	$660	$660
Clause 167 (3)	$660	$660
Clause 167 (4)	$660	$660
Clause 9 (4) of Schedule 3	$660	$660

Schedule 3 Savings and transitional provisions

Part 1 Provisions consequent on enactment of this Regulation

1 Definition

In this Part:

existing licence means a licence in force under the former Regulation immediately before its repeal.

former Regulation means the Food Regulation 2004.

2 Applications

An application for a licence made under the former Regulation is taken to have been made under this Regulation.

3 Meat safety officers

(1)  A person approved as a meat safety officer for an abattoir under the former Regulation is taken to have been approved as a meat safety inspector for the abattoir under this Regulation.

(2)  A person approved as a meat safety officer in relation to the inspection of game meat under the former Regulation is taken to have been approved as a meat safety inspector in relation to the inspection of game meat under this Regulation.

4 Industry consultation bodies

A council, committee or other body established under a provision of the former Regulation is taken to have been established under the corresponding provision of this Regulation.

5 Fees

A fee that was unpaid under the former Regulation immediately before the commencement of this Regulation is taken to be a fee that is unpaid under this Regulation.

6 Review of decisions

A provision of the former Regulation that enabled a person to make an application to the Administrative Decisions Tribunal for a review of a decision made under that Regulation is taken to continue to apply in respect of any such decision.

7 Notification of food businesses

A notification relating to a food business that was duly made for the purposes of Standard 3.2.2 of the Food Standards Code before the commencement of section 100 of the Act is taken to be a written notice in the approved form for the purposes of that section.

8 Conversion of existing licences

(1)  In this clause, replacement licence means a licence issued under this clause that replaces an existing licence.

(2)  An existing licence is taken to be a licence under this Regulation that:

(a)  authorises the same activities as were authorised by the existing licence immediately before the repeal of the former Regulation, and

(b)  is subject to the same terms and conditions to which the existing licence was subject immediately before the repeal of the former Regulation, and

(c)  continues in force for the remainder of the period for which the existing licence was last granted or renewed.

(3)  Despite subclause (2), an existing licence may be suspended or cancelled in accordance with the provisions of this Regulation.

(4)  The Food Authority may, without the need for an application or payment of an application fee under this Regulation, issue a licence that replaces an existing licence.

(5)  A replacement licence is to authorise activities that, either with or without the imposition of conditions, most closely equate to the activities authorised by the existing licence that it replaces.

(6)  A replacement licence is to be issued for the remainder of the period for which the existing licence that it replaces was issued and is to be in a form that sets out the following:

(a)  the activities authorised by the licence,

(b)  the premises or vehicles on or in which such activities may be conducted,

(c)  the conditions to which the licence is subject.

(7)  On the issue of a replacement licence, subclause (2) ceases to apply to the existing licence that it replaces and that existing licence is taken to have been cancelled.

(8)  A person may apply to the Administrative Decisions Tribunal for a review of the following decisions:

(a)  a decision by the Food Authority as to the activities that are authorised by a replacement licence issued to the person,

(b)  a decision by the Food Authority to impose conditions on a replacement licence issued to the person.

(9)  Clauses 21, 22, 23 and 38 do not apply to the issue of a licence under this clause.

(10)  A reference in this Regulation to a licence that authorises the operation of a particular type of food business includes a reference to an existing licence that authorises the operation of a food business that involves the carrying on of the same or similar activities.

9 Activities required to be licensed

(1)  This clause applies to an activity that is required to be licensed under this Regulation but was not required to be licensed under the former Regulation.

(2)  If a person who is carrying on a food business on the commencement of this Regulation that involves an activity to which this clause applies makes an application to the Food Authority:

(a)  in accordance with this Regulation, and

(b)  before the date that is 2 months after that commencement,

for a licence that authorises the carrying on of that activity or for the variation of an existing licence to include the authorisation of the carrying on of that activity, the person is taken to be the holder of a licence authorising the carrying on of the activity until the Food Authority determines the application.

(3)  Despite clause 22 (2), the Food Authority may grant or vary a licence on an application made as referred to in subclause (2) that relates to an activity for which the Food Authority considers there should be a food safety program even though the applicant has not prepared a proposed food safety program.

(4)  A person who is carrying on a food business on the commencement of this Regulation that involves an activity to which this clause applies and who continues to carry on that activity after that commencement must:

(a)  if required by the Food Authority by notice in writing, submit to the Food Authority a proposed food safety program for the carrying on of that activity that complies with clause 33, and

(b)  submit that food safety program to the Food Authority within 6 months after the date specified in the notice or within such further period as is notified in writing to the person by the Food Authority.

Maximum penalty: 25 penalty units.

10 Activities no longer required to be licensed

(1)  An existing licence is cancelled if the only activities that it authorises are not required to be licensed under this Regulation.

(2)  The Food Authority may refund to the holder of an existing licence the whole or any part of the fee paid for the licence if the licence:

(a)  is cancelled by operation of subclause (1), or

(b)  authorises any activity that is not required to be licensed under this Regulation.

11 Existing authorisations and exemptions

Any act, matter or thing that, immediately before the repeal of the former Regulation had effect under that Regulation and is not dealt with in another provision of this Schedule continues to have effect under this Regulation.

Schedule 4 Licence fees

(Clauses 57, 101, 110, 133, 148 and 170)

Part 1 Licence fees in relation to dairy food businesses

Table

Column 1		Column 2	Column 3
Categories of activities authorised by licence			Fee $
1.	Operation of dairy primary production business or operation of dairy processing business, or both	For each premises where the activities are carried out:
		(a)  0 to 5 food handlers engaged in the activities at the premises	390
		(b)  more than 5 but no more than 50 food handlers engaged in the activities at the premises	800
		(c)  more than 50 food handlers engaged in the activities at the premises	3,500
2.	Operation of dairy produce store (other than a dairy produce store that is operated on the same premises as a dairy processing business)	For each premises where the activities are carried out:
		(a)  0 to 5 food handlers engaged in the activities at the premises	390
		(b)  more than 5 but no more than 50 food handlers engaged in the activities at the premises	800
		(c)  more than 50 handlers engaged in the activities at the premises	3,500
3.	Transporting of milk or dairy products, or both (including as dairy transport business)	For each vehicle used for the activities	290
4.	Vehicle vendor of milk	For each vehicle used for the activities	290

Part 2 Licence fees in relation to meat food businesses

Table

Column 1		Column 2	Column 3
Categories of activities authorised by licence			Fee $
1.	Operation of abattoir, meat processing plant, meat retail premises or rendering plant, or any combination of those	For each premises where the activities are carried out:
		(a)  0 to 5 food handlers engaged in the activities at the premises	390
		(b)  more than 5 but no more than 50 food handlers engaged in the activities at the premises	800
		(c)  more than 50 food handlers engaged in the activities at the premises	3,500
2.	Operation of game meat primary processing plant	For each premises where the activities are carried out:
		(a)  0 to 5 food handlers engaged in the activities at the premises	390
		(b)  more than 5 but no more than 50 food handlers engaged in the activities at the premises	800
		(c)  more than 50 food handlers engaged in the activities at the premises	3,500
3.	Operation of knackery or animal food processing plant, or both	For each premises where the activities are carried out:
		(a)  0 to 5 food handlers engaged in the activities at the premises	390
		(b)  more than 5 but no more than 50 food handlers engaged in the activities at the premises	800
		(c)  more than 50 food handlers engaged in the activities at the premises	3,500
4.	Operation of game meat field depots	For each site at which the depots are located	390
5.	Operation of animal food field depots	For each site at which the depots are located	290
6.	Operation of meat van, game meat field harvesting van, animal food van or animal food field harvesting van	For each vehicle	290

Part 3 Licence fees in relation to plant products businesses

Table

Column 1		Column 2	Column 3
Categories of activities authorised by licence			Fee $
1.	Processing plant products	For each premises where the activities are carried out:
		(a)  0 to 5 food handlers engaged in the activities at the premises	390
		(b)  more than 5 but no more than 50 food handlers engaged in the activities at the premises	800
		(c)  more than 50 food handlers engaged in the activities at the premises	3,500
2.	Storing plant products on premises other than premises where plant products are being processed	For each premises where the activities are carried out:
		(a)  0 to 5 food handlers engaged in the activities at the premises	390
		(b)  more than 5 but no more than 50 food handlers engaged in the activities at the premises	800
		(c)  more than 50 food handlers engaged in the activities at the premises	3,500
3.	Transporting plant products	For each vehicle used for the activities	290

Part 4 Annual general licence fees for seafood businesses

Table

Column 1		Column 2	Column 3
Categories of activities authorised by licence			Fee $
1.	Capture or collect any wild seafood, or store, gill, gut or cook only wild seafood that licensee has captured or collected, or any combination of those activities	With or without a vessel	290
2.	Finfish or crustacea aquaculture, processing of seafood (including freezing, thawing and preparing sushi) or storing of seafood (other than as referred to in item 1) or any combination of those	For each premises where the activities are carried out:
		(a)  0 to 5 food handlers engaged in the activities at the premises	390
		(b)  more than 5 but no more than 50 food handlers engaged in the activities at the premises	800
		(c)  more than 50 food handlers engaged in the activities at the premises	3,500
3.	Transportation of seafood by vehicle on land (except by licensees referred to in item 1 if transporting their own catch of wild seafood to a store or processor)	For each vehicle used for the activities	290 per vehicle

Part 5 Licence fees in relation to vulnerable persons food businesses

Table

Column 1	Column 2
Number of food handlers working at premises	Fee $
0 to 3	244
More than 3 but not more than 10	313
More than 10 but not more than 30	578
More than 30 but not more than 50	839
More than 50	1,102

Part 6 Licence fees in relation to egg businesses

Table

Column 1		Column 2	Column 3
Categories of activities authorised by licence			Fee $
1.	Producing, washing, grading, dry cleaning or examining more than 20 dozen eggs in any week or manufacturing or processing (including pasteurising) of egg products or blended egg product mixtures or manufacturing or processing of specialty eggs (or any combination of those activities)	For each premises where the activities are carried out:
		(a)  0 to 5 food handlers engaged in the activities at the premises	390
		(b)  more than 5 but no more than 50 food handlers engaged in the activities at the premises	800
		(c)  more than 50 food handlers engaged in the activities at the premises	3,500
2.	Storing egg products (other than in dried form), blended egg product mixtures (other than in dried form), cracked eggs or specialty eggs or any combination of those products (other than at premises where egg products, blended egg product mixtures or specialty eggs are being manufactured or processed or at premises where egg products or blended egg product mixtures are being used in the production of food)	For each premises where the activities are carried out:
		(a)  0 to 5 food handlers engaged in the activities at the premises	390
		(b)  More than 5 but no more than 50 food handlers engaged in the activities at the premises	800
		(c)  More than 50 food handlers engaged in the activities at the premises	3,500
3.	Transporting egg products (other than in dried form), blended egg product mixtures (other than in dried form), cracked eggs or specialty eggs or any combination of them	For each vehicle	290

Schedule 5 Standards for animal food processing plants

(Clause 72)

1 General

(1)  The design and layout of the plant and its equipment must facilitate the hygienic production of animal food and animal food products and any inspection or auditing necessary during or after production.

(2)  There must be adequate working space for the satisfactory performance of animal food processing and auditing operations.

(3)  Chiller and freezer capacity must be adequate for maximum daily production and accommodate the total quantity of product likely to be held on the plant at any one time.

2 Construction requirements

(1)  The plant must be constructed so that all exposed surfaces are of material that is:

(a)  durable, and

(b)  non-toxic, and

(c)  smooth-surfaced and, in the case of floors, smooth-surfaced, and

(d)  resistant to corrosion or capable of being maintained free of corrosion, and

(e)  impervious to moisture, and

(f)  resistant to or protected from impact, and

(g)  easily cleaned and drained to prevent ponding of blood and, where necessary, capable of being dismantled for cleaning, and

(h)  resistant to chipping, flaking or fraying, and

(i)  of a finish that makes contamination clearly visible.

(2)  The plant must be constructed so that:

(a)  the joints are effectively sealed, and

(b)  the accumulation of dust, water, litter or waste materials on ledges and sills is minimised, including by means of adequate coving at wall to floor junctions.

(3)  All equipment and appliances used for processing purposes must be:

(a)  durable, and

(b)  non-toxic, and

(c)  smooth-surfaced, and

(d)  resistant to corrosion or capable of being maintained free of corrosion, and

(e)  impervious to moisture, and

(f)  resistant to or protected from impact, and

(g)  easily cleaned and, where necessary, capable of being dismantled for cleaning, and

(h)  resistant to chipping, flaking or fraying, and

(i)  of a finish that makes contamination clearly visible.

(4)  Door openings and passage-ways must be of a size ensuring that the product does not come into contact with jambs or walls.

(5)  The plant must be constructed and maintained so as to exclude:

(a)  the entrance of any animals not intended for use in animal food processing including dogs, cats, birds, rodents and insects, and

(b)  any harbourage for vermin, and

(c)  environmental contaminants, including dust.

3 Supply of water

(1)  The plant must be adequately supplied with continuous hot and cold potable water at a volume and pressure to enable hygienic practice and, if ice is used, it must be produced from potable water and stored and handled in a manner that protects it from contamination.

(2)  Non-potable water, used where there is no risk of contamination of meat (for example, refrigeration or fire control), must be supplied in lines separate from the supply of potable water.

4 Lighting

Lighting must be sufficient to enable hygienic processing, inspection and auditing.

5 Ventilation

Ventilation must maintain product wholesomeness and remove excessive heat, steam and condensation and prevent the entry of odours, dust, vapour or smoke.

6 Amenities

Unless the Food Authority otherwise approves, hand wash-basins and, where necessary, sterilisers, must be provided and be readily accessible and at appropriate locations for use during processing.

7 Storage

(1)  Processing rails or other carcase elevating devices must be of a height sufficient to ensure that there is adequate carcase clearance over, or from, operational equipment and structures not designed for contact to prevent any cross contamination.

(2)  Separate areas must be provided for processes that emit heat, steam, smoke and other contaminants to ensure that such emissions are controlled and do not jeopardise the hygienic processing of animal food and animal food products.

(3)  Where canopies are used, they must be vented to the outside of the plant and constructed to prevent drip.

(4)  Clearly identified facilities must be provided for storing and removing inedible material to prevent contamination of animal food.

8 General operational hygiene requirements

(1)  The requirements of clauses 6.8.1–6.8.17 of the document titled Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88, published by CSIRO and as in force from time to time, must be complied with.

(2)  In applying those clauses of that Standard:

(a)  a reference to pet meat is to be read as a reference to animal food, and

(b)  a reference to pet meat processing is to be read as a reference to animal food processing.

Schedule 6 Prescribed brands for abattoir meat

(Clause 77)

Part 1 Brand for meat fit for human consumption

1 Characters to be included in brand

The brand must be completed by inserting in the space marked “A” a number allocated to the premises by the Food Authority.

2 Dimensions

(1)  Unless otherwise approved by the Food Authority, the dimensions of the brand must be 50 millimetres in length and 37 millimetres in height when used on a flat surface.

(2)  The units of measurement referred to in subclause (1) may be subject to a tolerance of plus or minus 2 millimetres.

3 Ink to be used

The ink to be used must be:

(a)  red in colour, and

(b)  suitable for food application purposes.

Part 2 Brand for lamb

4 Application of the brand

The prescribed brand must be applied by repeating the above mark, without any break, as often as is necessary to comply with clause 80 (1) (d) of this Regulation.

5 Characters to be included in the mark

The prescribed brand must be completed:

(a)  by inserting in the space marked “A” a number allocated to the premises by the Food Authority, and

(b)  by inserting in one of the spaces marked “CYPHER” one of the following in relation to the owner of the licensed premises to which the number referred to in paragraph (a) relates:

(i)  the name, or an abbreviation of the name, of the owner,

(ii)  the trading name, or an abbreviation of the trading name of the owner,

(iii)  the logo or an abbreviation of the logo of the owner, and

(c)  by inserting in one of the spaces marked “CYPHER” the location or area, or an abbreviation of the location or area, where the licensed premises to which the number referred to in paragraph (a) is located, and

(d)  by inserting in one of the spaces marked “CYPHER” the name or logo, or an abbreviation of the name or logo of the person who owns the meat at the time of branding.

6 Dimensions

(1)  Unless otherwise approved by the Food Authority, the letters used in the brand must be 17 millimetres in height with a space of 9 millimetres between each row of words.

(2)  The units of measurement referred to in subclause (1) may be subject to the following tolerances:

(a)  for dimensions not exceeding 10 millimetres—plus or minus 1 millimetre,

(b)  for dimensions greater than 10 millimetres—plus or minus 2 millimetres.

Part 3 Brand for hogget

7 Application of the brand

The prescribed brand must be applied by repeating the above mark, without any break, as often as necessary to comply with clause 80 (1) (d) of this Regulation.

8 Characters to be included in the mark

The prescribed brand must be completed:

(a)  by inserting in the space marked “A” a number allocated to the premises by the Food Authority, and

(b)  by inserting in one of the spaces marked “CYPHER” one of the following in relation to the owner of the licensed premises to which the number referred to in paragraph (a) relates:

(i)  the name, or an abbreviation of the name, of the owner,

(ii)  the trading name, or an abbreviation of the trading name of the owner,

(iii)  the logo or an abbreviation of the logo of the owner, and

(c)  by inserting in one of the spaces marked “CYPHER” the location or area, or an abbreviation of the location or area, where the licensed premises to which the number referred to in paragraph (a) is located, and

(d)  by inserting in one of the spaces marked “CYPHER” the name or logo, or an abbreviation of the name or logo of the person who owns the meat at the time of branding.

9 Dimensions

(1)  Unless otherwise approved by the Food Authority, the letters used in the brand must be 17 millimetres in height with a space of 9 millimetres between each row of words.

(2)  The units of measurement referred to in subclause (1) may be subject to the following tolerances:

(a)  for dimensions not exceeding 10 millimetres—plus or minus 1 millimetre,

(b)  for dimensions greater than 10 millimetres—plus or minus 2 millimetres.

Schedule 7 Prescribed brands for game meat

(Clause 82)

1 Characters to be included in brand

The brand must be completed by inserting in the space marked “A” a number allocated to the premises by the Food Authority.

2 Dimensions of brand

(1)  The dimensions of the brand are those approved by the Food Authority in relation to the type of game meat to which the brand is to be applied.

(2)  The units of measurement approved by the Food Authority in relation to the brand may be subject to the following tolerances:

(a)  for dimensions not exceeding 10 millimetres—plus or minus 1 millimetre,

(b)  for dimensions greater than 10 millimetres—plus or minus 2 millimetres.

Schedule 8 Constitution and procedure of Meat Industry Consultative Council

(Clause 99 (5))

Part 1 General

1 Definitions

In this Schedule:

Chairperson means the Chairperson of the Council.

Council means the Meat Industry Consultative Council established under clause 99 of this Regulation.

Deputy Chairperson means the Deputy Chairperson of the Council.

member means any member of the Council.

Part 2 Constitution

2 Terms of office of members

Subject to this Schedule, a member holds office for such period (not exceeding 2 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

3 Remuneration

A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.

4 Deputies

(1)  The Minister may, from time to time, appoint a person to be the deputy of a member, and the Minister may revoke any such appointment.

(2)  In the absence of a member, the member’s deputy may, if available, act in the place of the member.

(3)  While acting in the place of a member, a person:

(a)  has all the functions of the member and is taken to be a member, and

(b)  is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.

(4)  For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.

5 Vacancy in office of member

(1)  The office of a member becomes vacant if the member:

(a)  dies, or

(b)  completes a term of office and is not re-appointed, or

(c)  resigns the office by instrument in writing addressed to the Minister, or

(d)  is removed from office by the Minister under this clause, or

(e)  is absent from 4 consecutive meetings of the Council of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister for having been absent from those meetings, or

(f)  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

(g)  becomes a mentally incapacitated person, or

(h)  is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.

(2)  The Minister may at any time remove a member from office.

6 Filling of vacancy in office of member

If the office of any member becomes vacant, a person is, subject to this Regulation, to be appointed to fill the vacancy.

7 Chairperson and Deputy Chairperson

(1)  In the absence of the Chairperson, the Deputy Chairperson may, if available, act in the place of the Chairperson.

(2)  While acting in the place of the Chairperson, the Deputy Chairperson has all the functions of the Chairperson and is taken to be the Chairperson.

(3)  The Chairperson or Deputy Chairperson vacates office as Chairperson or Deputy Chairperson if the person:

(a)  is removed from office by the Minister, or

(b)  ceases to be a member.

8 Disclosure of pecuniary interests

(1)  If:

(a)  a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Council, and

(b)  the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,

the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Council.

(2)  A disclosure by a member at a meeting of the Council that the member:

(a)  is a member, or is in the employment, of a specified company or other body, or

(b)  is a partner, or is in the employment, of a specified person, or

(c)  has some other specified interest relating to a specified company or other body or to a specified person,

is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).

(3)  Particulars of any disclosure made under this clause must be recorded by the Council in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Council.

(4)  After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Council otherwise determines:

(a)  be present during any deliberation of the Council with respect to the matter, or

(b)  take part in any decision of the Council with respect to the matter.

(5)  For the purposes of the making of a determination by the Council under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:

(a)  be present during any deliberation of the Council for the purpose of making the determination, or

(b)  take part in the making by the Council of the determination.

(6)  A contravention of this clause does not invalidate any decision of the Council.

Part 3 Procedure

9 General procedure

The procedure for the calling of meetings of the Council and for the conduct of business at those meetings is, subject to this Schedule, to be as determined by the Council.

10 Quorum

The quorum for a meeting of the Council is a majority of its members, of whom one must be the Chairperson or Deputy Chairperson.

11 Presiding member

(1)  The Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson) is to preside at a meeting of the Council.

(2)  The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

12 Voting

A decision supported by a majority of the votes cast at a meeting of the Council at which a quorum is present is the decision of the Council.

13 Transaction of business outside meetings or by telephone or other means

(1)  The Council may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Council for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Council.

(2)  The Council may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.

(3)  For the purposes of:

(a)  the approval of a resolution under subclause (1), or

(b)  a meeting held in accordance with subclause (2),

the Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Council.

(4)  A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Council.

(5)  Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.

14 First meeting

The Minister may call the first meeting of the Council in such manner as the Minister thinks fit.

Schedule 9 Provisions relating to members and procedure of shellfish committees

(Clause 131)

Part 1 General

1 Definitions

In this Schedule:

committee means:

(a)  the NSW Shellfish Committee, or

(b)  a local committee.

member means a member of a committee.

Part 2 Constitution

2 Terms of office of members

Subject to this Schedule, a member holds office for such term (not exceeding 3 years) as is specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

3 Allowances for member

A member is entitled to be paid such allowances as the Food Authority from time to time determines in respect of the member.

4 Deputies

(1)  The Food Authority may, from time to time, appoint a person to be the deputy of a member, and may at any time revoke any such appointment.

(2)  In the absence of a member, the member’s deputy:

(a)  may, if available, act in the place of the member, and

(b)  while so acting, has all the functions of the member and is to be taken to be the member.

(3)  A person while acting in the place of a member is entitled to be paid such allowances as the Food Authority may from time to time determine in respect of the person.

5 Vacancy in office of member

(1)  The office of a member becomes vacant if the member:

(a)  dies, or

(b)  completes a term of office and is not re-appointed, or

(c)  resigns the office by instrument in writing addressed to the Food Authority, or

(d)  is removed from office by the Food Authority under subclause (2), or

(e)  is absent from 3 consecutive meetings of the committee of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the committee or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the committee for having been absent from those meetings, or

(f)  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

(g)  becomes a mentally incapacitated person, or

(h)  is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.

(2)  The Food Authority may at any time remove from office all or any of the members of a committee.

6 Filling of vacancy in office of member

If the office of a member becomes vacant, a person is, subject to this Regulation, required to be appointed to fill the vacancy.

7 Disclosure of pecuniary interests

(1)  If:

(a)  a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the committee, and

(b)  the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,

the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the committee.

(2)  A disclosure by a member of a committee at a meeting of the committee that the member:

(a)  is a member, or is in the employment, of a specified company or other body, or

(b)  is a partner, or is in the employment, of a specified person, or

(c)  has some other specified interest relating to a specified company or other body or to a specified person,

is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under this clause.

(3)  Particulars of any disclosure made under this clause must be recorded by the members of the committee in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the members of the committee.

(4)  After a member of the committee has disclosed the nature of an interest in any matter, the member must not, unless the Food Authority or the other members of the committee otherwise determines or determine:

(a)  be present during any deliberation of the committee with respect to the matter, or

(b)  take part in any decision of the committee with respect to the matter.

(5)  For the purposes of the making of a determination by the members of the committee under subclause (4), a member of the committee who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:

(a)  be present during any deliberation of the other members of the committee for the purpose of making the determination, or

(b)  take part in the making by the other members of the committee of the determination.

(6)  A contravention of this clause does not invalidate any decision of the committee.

(7)  A member is taken not to have an interest in a matter for the purposes of this clause merely because the member is the holder of an aquaculture permit or aquaculture lease under the Fisheries Management Act 1994 or is the holder of a licence.

Part 3 Procedure

8 General procedure

The procedure for the calling and holding of meetings of a committee is, subject to any direction by the Food Authority, to be determined by the committee.

9 Quorum

The quorum for a meeting of a committee is a majority of its members for the time being.

10 Presiding member

(1)  The chairperson of a committee or, in the absence of the chairperson, another member elected to chair the meeting by the members present is to preside at a meeting of the committee.

(2)  The person presiding at a meeting of a committee has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

11 Voting

A decision supported by a majority of the votes cast at a meeting of a committee at which a quorum is present is the decision of the committee.