{"id":"F2022L01060","name":"Australia New Zealand Food Standards Code – Standard 4.2.7 – Primary Production and Processing Standard for Berries","slug":"australia-new-zealand-food-standards-code-standard-4-2-7-primary-production-and-processing-standard-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102546,"registerId":"commonwealth-F2022L01060-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australia New Zealand Food Standards Code – Standard 4.2.7 – Primary Production and Processing Standard for Berries","content":"![Food Standards Australia New Zealand logo](image.001.png)\n\nStandard 4.2.7 – Primary Production and Processing Standard for Berries\n\nThe Board of Food Standards Australia New Zealand gives notice of the making of this Standard under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on a date 30 months after the date of gazettal.\n\n9 August 2022\n\n![Signature of the Delegate of the Board of Food Standards Australia New Zealand](image.002.png)\n\nRenee Sobolewski\n\nDelegate of the Board of Food Standards Australia New Zealand\n\nNote:\n\nThis Standard will be published in the Commonwealth of Australia Gazette No. FSC 150 on 12 August 2022. This means that this date is the gazettal date for the purposes of the above notice.\n\n  \n\nStandard 4.2.7 Primary Production and Processing Standard for Berries\n\nNote 1 This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3.\n\nNote 2 This Standard applies in Australia only.\n\nDivision 1 Preliminary\n\n4.2.7—1 Name\n\nThis Standard is Australia New Zealand Food Standards Code – Standard 4.2.7 – Primary Production and Processing Standard for Berries.\n\nNote Commencement:  \nThis Standard commences on a date 30 months after the date of gazettal, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act.\n\n4.2.7—2 Definitions\n\nIn this Standard:\n\nberries means fresh berries; and includes strawberries, blueberries, and berries from the genus Rubus.\n\ngrowing site means any site used to grow berries; and includes an open, partially enclosed or enclosed planting area.\n\nharvest means all activities related to the collection and removal of berries from a growing site; and includes picking, cutting, field packing (including packaging for retail sale), and transport from the growing site to the next step in the supply chain.\n\npremises and equipment means equipment, infrastructure, structures and vehicles that:\n\n(a) are used by a primary horticulture producer or by a primary horticulture processor; and\n\n(b have direct or indirect contact with berries.\n\nprimary horticulture producer means a business, enterprise or activity that involves the growing and/or harvesting of berries.\n\nprimary horticulture processor means a business, enterprise or activity that involves one or more of the following activities in relation to berries that have been harvested:\n\n(a) washing;\n\n(b) trimming;\n\n(c) sorting;\n\n(d) sanitising;\n\n(e) storing;\n\n(f) combining harvested berries;\n\n(g) packing; and\n\n(h) transport between primary processing premises.\n\nrelevant activity means:\n\n(a) in relation to a primary horticulture producer, the growing and/or harvesting of berries; and\n\n(b) in relation to a primary horticulture processor, any of the following:\n\n(i) washing harvested berries;\n\n(ii) trimming harvested berries;\n\n(iii) sorting harvested berries;\n\n(iv) sanitising harvested berries;\n\n(v) storing harvested berries;\n\n(vi) combining harvested berries;\n\n(vii) packing harvested berries; and\n\n(viii) transporting harvested berries between primary processing premises.\n\nNote 1 In this Code (see section 1.1.2—2(3) of Standard 1.1.2)\n\nrelevant authority means an authority responsible for the enforcement of the relevant application Act\n\nNote 2 In this Chapter (see clause 1 of Standard 4.1.1):\n\ninputs includes any feed, litter, water (including recycled water), chemicals or other substances used in, or in connection with, the primary production or processing activity.\n\nNote 3 Clause 3 of Standard 4.1.1 sets out when a food will be unacceptable for the purposes of this Standard.\n\n4.2.7—3 Application\n\n(1) This Standard applies to primary horticulture producers and to primary horticulture processors in Australia.\n\n(2) This Standard does not apply to the retail sale of berries.\n\n(3) This Standard does not apply to manufacturing of harvested berries which includes the cooking, freezing, drying, preserving, blending or juicing of harvested berries or the addition of other foods to harvested berries.\n\n4.2.7—4 Notification\n\n(1) A primary horticulture producer and a primary horticulture processor must provide the specified information to the relevant authority before engaging in a relevant activity.\n\n(2) In this section, specified information means the following information:\n\n(a) the contact details of the primary horticulture producer or the primary horticulture processor, including the name of their business and the name and business address of the proprietor of their business;\n\n(b) a description of the activities the primary horticulture producer or the primary horticulture processor will undertake in relation to berries; and\n\n(c) the location or locations of each activity referred to in paragraph (b) that is within the jurisdiction of the relevant authority.\n\n(3) A primary horticulture producer and a primary horticulture processor must notify the relevant authority of any proposed change to specified information provided to a relevant authority in accordance with this section before that change occurs.\n\n4.2.7—5 Traceability\n\nA primary horticulture producer and a primary horticulture processor must have in place a system that can identify:\n\n(a) the growing site of berries which they grew or received; and\n\n(b) from whom berries were received; and\n\n(c) to whom berries were supplied.\n\n4.2.7—6 Inputs – soil, fertiliser and water\n\nA primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that any of the following inputs do not make berries unacceptable:\n\n(a) soil;\n\n(b) soil amendments (including manure, human biosolids, compost, and plant bio‑waste);\n\n(c) fertiliser; and\n\n(d) water.\n\n4.2.7—7 Premises and equipment\n\n(1) A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that premises and equipment are designed, constructed, maintained and operated in a way that:\n\n(a) allows for effective cleaning and sanitisation of the premises and equipment; and\n\n(b) does not make berries unacceptable.\n\n(2) A primary horticulture producer and a primary horticulture processor must ensure that premises and equipment are kept clean, sanitised and in good repair to the extent required to ensure that berries are not made unacceptable.\n\n4.2.7—8 Skills and knowledge\n\nA primary horticulture producer and a primary horticulture processor must ensure that persons who engage in a relevant activity, or who supervise a person who engages in a relevant activity, have:\n\n(a) knowledge of food safety and food hygiene matters; and\n\n(b) skills in food safety and food hygiene matters\n\ncommensurate with their work.\n\n4.2.7—9 Health and hygiene of personnel and visitors\n\nA primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that personnel and visitors exercise personal hygiene and health practices that do not make berries unacceptable.\n\n4.2.7—10 Sale or supply of unacceptable berries\n\nA primary horticulture producer and a primary horticulture processor must not sell or supply berries for human consumption if they ought reasonably know, or ought reasonably suspect, that the berries are unacceptable.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope focused specifically on berry production and primary processing. It does not appear to have expanded beyond its intended purpose of establishing food safety requirements for the berry supply chain from growing through initial processing stages."},"complexity_factors":["Short, focused scope covering only berry production and primary processing","Only 10 operative sections plus definitions","9 defined terms, all straightforward (berries, growing site, harvest, etc.)","Minimal cross-referencing (only refers to Standard 1.1.2 and 4.1.1 for general definitions)","Simple conditional structure with clear exclusions in section 4.2.7—3","No nested exceptions or complex temporal provisions","Uses general 'reasonable measures' standards rather than prescriptive technical requirements"],"plain_english_summary":"This law sets mandatory food-safety rules for Australian berry growers and businesses that wash, sort, pack or store berries before retail. It requires registration, farm-to-customer traceability, controls on soil/water/inputs, clean facilities and vehicles, trained staff and personal hygiene, and bans selling suspected unsafe fruit. It excludes retail shops and downstream manufacturing. The aim is to prevent outbreaks and enable rapid removal of contaminated berries."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument itself defines a clear scope: it applies to primary horticulture producers and primary horticulture processors in Australia and expressly excludes retail sales and manufacturing (4.2.7—3; Note 2). The text contains no amendment history or language indicating a change from a prior scope; therefore, on the face of this instrument the scope has not changed from what it sets out within its provisions."},"complexity_factors":["Defined terms and cross‑references increase interpretive work (eg. 'unacceptable' refers to clause 3 of Standard 4.1.1) (4.2.7—2; Note 3).","Open‑ended duties to 'take all reasonable measures' create compliance ambiguity and enforcement discretion (4.2.7—6, 4.2.7—7(1), 4.2.7—9).","Notification and requirement to update details impose administrative and ongoing reporting costs (4.2.7—4).","Traceability obligation requires systems to identify growing sites, suppliers and recipients, which can demand recordkeeping and IT/process changes (4.2.7—5).","Scope exclusions (retail sale; manufacturing) require businesses to assess applicability and may complicate supply‑chain responsibilities (4.2.7—3).","Operational standards for premises, equipment, and personnel training imply capital and labour investments (4.2.7—7, 4.2.7—8).","Enforcement depends on the 'relevant authority', producing potential variation in application and sanctions across jurisdictions (4.2.7—2 definition; 4.2.7—4).","Commencement delay (30 months after gazettal) affects implementation planning and transitional cost timing (4.2.7—1)."],"plain_english_summary":"This Standard sets mandatory food‑safety rules for Australian primary producers and primary processors of fresh berries. It requires businesses to notify the local enforcement authority, keep traceability records, manage inputs (soil, fertiliser, water), maintain premises and equipment, ensure worker hygiene and training, and not supply berries that are ‘unacceptable’. It does not apply to retail sale or to manufacturing (eg. cooking, freezing, juicing). The costs fall mainly on growers and primary processors through recordkeeping, facility upkeep and operational controls."}},"importantCases":[],"_links":{"self":"/api/acts/australia-new-zealand-food-standards-code-standard-4-2-7-primary-production-and-processing-standard-","history":"/api/acts/australia-new-zealand-food-standards-code-standard-4-2-7-primary-production-and-processing-standard-/history","analysis":"/api/acts/australia-new-zealand-food-standards-code-standard-4-2-7-primary-production-and-processing-standard-/analysis","conflicts":"/api/acts/australia-new-zealand-food-standards-code-standard-4-2-7-primary-production-and-processing-standard-/conflicts","importantCases":"/api/acts/australia-new-zealand-food-standards-code-standard-4-2-7-primary-production-and-processing-standard-/important-cases","documents":"/api/acts/australia-new-zealand-food-standards-code-standard-4-2-7-primary-production-and-processing-standard-/documents"}}