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Food Regulation 2001



Part 1 Preliminary
1   Name of Regulation
This Regulation is the Food Regulation 2001.
2   Definitions
In this Regulation:
Food Safety Standards means the standards contained in Chapter 3 of the Food Standards Code.
Food Standards Code means the Code published under that name in the Commonwealth of Australia Gazette on 27 August 1987 together with any amendments of the standards in that Code:
(a)  approved by the National Food Standards Council before the commencement of the Australia New Zealand Food Authority Act 1991 of the Commonwealth and published in the Commonwealth of Australia Gazette as forming part of that Code, or
(b)  made under the Australia New Zealand Food Authority Act 1991 of the Commonwealth.
the Act means the Food Act 1989.
3   Notes
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
Part 2 Incorporation of Food Standards Code
4   Incorporation of Food Standards Code
(1)  The Food Standards Code, as in force from time to time, is incorporated in this Regulation and applies as a law of New South Wales, subject to the modifications set out in subclauses (1A) and (2).
(1A)  A reference in the Food Standards Code:
(a)  to the relevant authority is to be read as a reference to the Director-General, and
(b)  to the Act is to be read as a reference to the Food Act 1989.
(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.
(3)  The standards set out in the Food Standards Code as adopted by subclause (1) are prescribed for the purposes of the Act.
cl 4: Am 19.10.2001.
4A   Exemptions relating to goat milk
(1)  A person who is the holder of an exemption issued under this clause is not required to comply with clause 1 (1) of Standard 1.6.2 of the Food Standards Code in relation to goat milk.
(2)  A person may apply to the Director-General for an exemption from the requirements of clause 1 (1) of Standard 1.6.2 of the Food Standards Code in relation to goat milk.
(3)  The Director-General may grant the exemption unconditionally or subject to conditions.
(4)  The Director-General must notify an applicant under this clause in writing of the decision of the Director-General in relation to the application and, if the application is granted, must include in the notification any conditions to which the exemption is subject.
(5)  The holder of an exemption under this clause must not contravene or fail to comply with any conditions to which the exemption is subject.
Maximum penalty: 25 penalty units.
(6)  A permit issued by the Director-General for the purposes of Standard H5 (3) (a) of the Food Standards Code and in force immediately before 20 December 2002 is taken to be an exemption under this clause subject to the same conditions to which the permit was subject.
cl 4A: Ins 22.1.2003.
Part 3 Food Safety Standards
5   Definitions
(1)  Expressions used in this Part have the same meaning as in Standard 3.1.1 of the Food Standards Code.
(2)  A reference in a provision of the Food Safety Standards (as incorporated by clause 4 of this Regulation):
(a)  to the appropriate enforcement agency is to be read as a reference to the Director-General, and
(b)  to demonstrate is to be read as a reference to demonstrate to the satisfaction of the Director-General.
6   Offence of not complying with Food Safety Standards
(1)  The proprietor of a food business must comply with any requirement imposed on the proprietor of a food business by a provision of the Food Safety Standards (except Subdivision 1 of Division 4 of Standard 3.2.2).
Maximum penalty: 25 penalty units.
(2)  A food handler must comply with any requirement imposed on a food handler by Subdivision 1 of Division 4 of Standard 3.2.2 of the Food Standards Code.
Maximum penalty: 25 penalty units.
Note—
Clause 4 (2) of this Regulation modifies the application of Standard 3.2.2 of the Food Standards Code.
6AA   Notifications of food handling operations
(1)  The Director-General 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 Director-General and forward those notifications to the Director-General.
(2)  A local council that performs the service of accepting and forwarding a notification under subclause (1) may in accordance with section 608 of the Local Government Act 1993 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.
(3)  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 Director-General or to the Director-General through a local council (under an arrangement made in accordance with subclause (1)), or
(b)  in an electronic form by way of the Internet—directly to the Director-General.
(4)  A notification that is made in a written form directly to the Director-General 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.
(5)  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.
cl 6AA: Ins 12.4.2002.
Part 3A Labelling requirements
pt 3A (cl 6A): Ins 19.10.2001.
6A   Labelling requirements of Food Standards Code
A person must not sell food:
(a)  to which is attached a label, or
(b)  in the case of food that is packaged, that is in a package to which is attached a label,
that contains any word, representation or design that is prohibited by the Food Standards Code.
Maximum penalty: 25 penalty units.
pt 3A (cl 6A): Ins 19.10.2001.
Part 4 Sampling and analysis
7   Payment for samples
For the purposes of section 32 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 analysis
For the purposes of section 38 of the Act, the fee to be prepaid by any person who requires an officer to purchase a sample of food is $50.
9   Analyst’s certificate
(1)  For the purposes of section 39 (4) of the Act, the prescribed form of certificate to be given by an analyst of the result of an analysis of food is the form in Schedule 1.
(2)  For the purposes of section 42 (1) of the Act, the fee for a copy of that certificate is $20.
10   Qualifications for analysts
(1)  For the purposes of section 81 (1) of the Act, the prescribed qualification for appointment as an analyst to conduct a specific category of analysis is either of the following:
(a)  a degree or diploma in science, being a degree or diploma:
(i)  approved by the Director-General for the purposes of this clause, and
(ii)  the major subject of which (that is, chemistry or microbiology) is relevant to the specific category of analysis concerned,
(b)  a qualification that the Director-General is satisfied is equivalent to such a degree or diploma.
(2)  Before appointing a person as an analyst for the purposes of the Act, the Director-General may require the person to satisfy the Director-General that the person has:
(a)  at least 2 years’ practical experience after graduation, being experience that is relevant to the specific category of analysis that the person is to undertake, and
(b)  access to the use of a suitably equipped laboratory for the performance of that category of analysis.
Part 5 Miscellaneous
12   Savings and transitional provisions
Any act, matter or thing that, immediately before the repeal of a Regulation referred to in clause 11 had effect under that Regulation is taken to have effect under this Regulation.
Schedule 1 Form
(Clause 9)
Analyst’s Certificate
(Food Act 1989, section 39)
I, ............................................., an analyst duly appointed under the Food Act 1989, certify that the sample has been analysed, that the seal securing the sample was intact (delete if not applicable) and that the result of the analysis is as follows:
(here insert the result of analysis* and any remarks)
Signed on the .......... day of ............... 20............................................................
............................................................
(analyst’s signature)
............................................................
............................................................
(address)
*Note—
If a method of analysis is prescribed, the analyst is to state that the method has been followed.