{"id":"primary-produce-food-safety-schemes-act-2004","name":"Primary Produce (Food Safety Schemes) Act 2004","slug":"primary-produce-food-safety-schemes-act-2004","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106356,"registerId":"sa-primary-produce-food-safety-schemes-act-2004-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Primary Produce (Food Safety Schemes) Act 2004","content":"South Australia\nPrimary Produce (Food Safety Schemes) Act 2004\nAn Act to provide for food safety matters relating to the production of primary produce; and for other purposes.\n\nContents\nPart 1—Preliminary\nDivision 1—Formal\n1\tShort title\nDivision 2—Interpretation\n3\tInterpretation\n4\tInteraction with other Acts\n5\tFood safety arrangements\n6\tMeat and meat processing\n7\tPrimary produce\n8\tProduction of primary produce\nDivision 3—Object\n9\tObject\nPart 2—Food safety schemes\n10\tEstablishment of advisory committees for class of activities\n11\tFood safety schemes\nPart 3—Accreditation\n12\tObligation to be accredited\n13\tApplication for accreditation\n14\tTemporary accreditation\n15\tGrant of accreditation\n16\tConditions of accreditation\n17\tPeriodic fees and returns\n18\tVariation of accreditation\n19\tApplication for variation of accreditation\n20\tTransfer of accreditation\n21\tSuspension or revocation of accreditation\n22\tSurrender of accreditation\nPart 4—Enforcement\nDivision 1—Approved auditors\n23\tApproved auditors\n24\tDuty of auditors to report certain matters\nDivision 2—Authorised persons\n25\tAppointment of authorised persons\n26\tIdentification of authorised persons\n27\tGeneral powers of authorised persons\n28\tProvisions relating to seizure\n29\tOffence to hinder etc authorised persons\n30\tSelf-incrimination\nDivision 3—Compliance orders\n31\tPower to require compliance with legislative requirements\n32\tOffence of contravening compliance order\nPart 5—Reviews\n33\tReview by Minister\n34\tReview by Tribunal\nPart 6—Miscellaneous\n35\tExemptions\n36\tDelegation by Minister\n38\tFalse or misleading statements\n39\tStatutory declaration\n40\tConfidentiality\n41\tGiving of notice\n42\tEvidence\n43\tGeneral defence\n44\tOffences by bodies corporate\n45\tContinuing offences\n46\tRegulations\nSchedule 1—Transitional provisions\nPart 4—Transitional\n4\tAccreditation\n5\tAccreditation body under food safety scheme for dairy produce\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\nDivision 1—Formal\n1—Short title\nThis Act may be cited as the Primary Produce (Food Safety Schemes) Act 2004.\nDivision 2—Interpretation\n3—Interpretation\nIn this Act, unless the contrary intention appears—\naccreditation means an accreditation in force under Part 3, and includes a temporary accreditation;\naccreditation body for a class of activities to which a food safety scheme applies means—\n\t(a)\tif the Minister is designated by the regulations as the accreditation body for accrediting producers engaged in that class of activities—the Minister; or\n\t(b)\tif a body corporate is established as the accreditation body for accrediting producers engaged in that class of activities—the body corporate;\naccredited producer means a producer accredited under Part 3;\napproved auditor means a person approved as an auditor under Part 4 Division 1;\napproved food safety arrangement of an accredited producer means a food safety arrangement approved for the producer by the accreditation body that accredited the producer;\naudit includes inspection;\nauthorised person means a person appointed as an authorised person under Part 4 Division 2, or an employee or agent of the Commonwealth or a local government authority having powers of an authorised person under an arrangement made under that Division;\ncondition includes a limitation;\ncontravene includes fail to comply with;\ndairy produce means—\n\t(a)\tmilk derived from—\n\t(i)\ta cow, goat, sheep, buffalo; or\n\t(ii)\tan animal prescribed by regulation; or\n\t(b)\tmilk products prescribed by regulation;\ndirector of a body corporate includes a person who exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs;\nfish means an aquatic animal;\nfood means a substance ordinarily consumed, or intended for consumption, by humans or pets;\nfood safety arrangement—see section 5;\nfood safety scheme—see Part 2;\nmeat—see section 6;\nmeat processing—see section 6;\nprimary produce—see section 7;\nproducer of primary produce means a person who carries on a business involving production of the primary produce;\nproduction of primary produce—see section 8;\nretail business means the business of selling products for use or consumption and not resale;\nsell includes—\n\t(a)\tbarter or exchange; and\n\t(b)\toffer or have in possession or display for sale; and\n\t(c)\tdeliver on sale;\nunsafe has the same meaning as in the Food Act 2001, and safe and safety have corresponding meanings;\nunsuitable has the same meaning as in the Food Act 2001, and suitable and suitability have corresponding meanings;\nvehicle includes an aircraft, train or vessel.\n4—Interaction with other Acts\nThis Act is in addition to and does not limit or derogate from the provisions of any other Act.\n5—Food safety arrangements\nIn this Act, a food safety arrangement is a set of processes adopted by a producer to apply to the production of primary produce for the safety and suitability of the produce, including processes relating to one or more of the following:\n\t(a)\toperations before, during and after production of the produce;\n\t(b)\tmaintaining premises, vehicles, plant and equipment used in connection with the production of the produce;\n\t(c)\tauditing of compliance with the processes.\n6—Meat and meat processing\nIn this Act—\n\t(a)\tmeat is—\n\t(i)\tthe whole or part of a killed animal intended for consumption by humans or pets; or\n\t(ii)\ta product intended for consumption by humans or pets resulting from a process in which meat is mixed with another substance or is minced, cured, cooked, salted, fermented or otherwise treated, including a product of a class included by regulation within the ambit of this paragraph,\nbut does not include—\n\t(iii)\tfish or a product produced from fish; or\n\t(iv)\ta product if the proportion of meat in the product measured by mass is less than 30 per cent; or\n\t(v)\tthe whole or part of an animal, or a product resulting from the processing of meat, of a class excluded by regulation from the ambit of this definition; and\n\t(b)\tmeat processing is any of the following activities for the production of meat:\n\t(i)\tkilling an animal;\n\t(ii)\tpreparing a killed animal, or part of a killed animal;\n\t(iii)\tproducing a product that is within the ambit of the definition of meat.\n7—Primary produce\nIn this Act, primary produce is—\n\t(a)\tan animal, plant or other organism, or part of an animal, plant or other organism, intended for consumption by humans or pets; or\n\t(b)\tfood produced in the production of primary produce.\n8—Production of primary produce\n\t(1)\tIn this Act, production of primary produce includes the following:\n\t(a)\tthe growing, raising, cultivation, picking, harvesting, collection or catching of primary produce;\n\t(b)\tthe sorting or grading of primary produce;\n\t(c)\tthe freezing, packing, refrigeration, storage, treating or washing of primary produce;\n\t(d)\tthe pasteurisation or homogenisation of milk, or manufacturing of other dairy produce;\n\t(e)\tmeat processing;\n\t(f)\tthe shucking of molluscs;\n\t(g)\tthe transportation, delivery or handling of primary produce;\n\t(h)\tthe sale of livestock at saleyards;\n\t(i)\tany other activity prescribed by regulation.\n\t(2)\tProduction of primary produce does not include—\n\t(a)\tan activity, other than an activity relating to meat, insofar as it is carried on incidentally to the carrying on of a retail business; or\n\t(b)\texcept as specifically referred to in subsection (1), any process by which food is added to the primary produce or anything is done to the produce to markedly increase its shelf life, for example, manufacturing or canning.\n\t(3)\tIn this section—\ntreating of primary produce means—\n\t(a)\tenhancing the appearance of the produce, including waxing or oiling it; or\n\t(b)\tdealing with the primary produce solely to kill bacteria or germs in the produce or to ripen it.\nDivision 3—Object\n9—Object\nThe object of this Act is to develop food safety schemes for primary industries that reduce risks to consumers and primary industry markets associated with unsafe or unsuitable primary produce.\nPart 2—Food safety schemes\n10—Establishment of advisory committees for class of activities\n\t(1)\tThe Governor may make regulations establishing an advisory committee for a specified class of activities involved in the production of primary produce.\n\t(2)\tAn advisory committee will have the function of advising the Minister about—\n\t(a)\tthe establishment, variation or revocation of a food safety scheme for the class of activities for which the committee is established; and\n\t(b)\tthe contents and administration of such a scheme; and\n\t(c)\tany other matter relevant to the class of activities for which the committee is established.\n\t(3)\tRegulations made under this section may make provision—\n\t(a)\tfor the membership of the committee (which must, as the Minister considers appropriate, include representation of relevant industry bodies); and\n\t(b)\tconditions of membership; and\n\t(c)\tprocedures of the advisory committee.\n11—Food safety schemes\n\t(1)\tThe Governor may make regulations establishing a food safety scheme for a class of activities involved in the production of primary produce.\n\t(2)\tThe regulations relating to a food safety scheme for a class of activities may do one or more of the following:\n\t(a)\tdefine the class of activities to which the scheme applies;\n\t(b)\trequire producers of primary produce who engage in the class of activities to be accredited;\n\t(c)\tdesignate the Minister as the accreditation body or establish a body corporate as the accreditation body for accrediting producers of primary produce who engage in the class of activities;\n\t(d)\tif a body corporate is established as the accreditation body, make provision relating to the body corporate, including provision for the membership of the accreditation body, conditions of membership, procedural matters, functions and powers, delegation, financial accounting and auditing and reporting to the Minister;\n\t(e)\tmake provision for any other matters relating to accreditation of producers who engage in the class of activities;\n\t(f)\tmake provision relating to the adoption of food safety arrangements by producers who engage in the class of activities and approval of such arrangements by the accreditation body, or if there is no accreditation body, the Minister;\n\t(g)\tmake provision relating to the safety and suitability of primary produce produced by producers who engage in the class of activities;\n\t(h)\tmake provision for the issuing of directions (for example, restrictions on activities or the movement of primary produce) by the accreditation body, or if there is no accreditation body, the Minister as required to deal with situations in which there is serious risk to the safety of primary produce;\n\t(i)\tmake provision for monitoring and record keeping by producers who engage in the class of activities;\n\t(j)\tmake provision for reporting or notification by producers who engage in the class of activities to the accreditation body or, if there is no accreditation body, the Minister;\n\t(k)\tmake provision relating to compliance and enforcement in respect of the food safety scheme.\n\t(3)\tRegulations establishing a food safety scheme relating to meat may, in addition, do one or more of the following:\n\t(a)\trequire and regulate the marking of—\n\t(i)\tanimals intended to be killed for meat; or\n\t(ii)\tmeat; or\n\t(iii)\tanything used in connection with such animals or meat;\n\t(b)\trequire meat sold for human consumption or consumption by pets to have been produced by accredited producers or other specified producers;\n\t(c)\tprovide, for the purposes of proceedings for an offence against this Act, that allegations of the following matters will be accepted as proved in the absence of proof to the contrary:\n\t(i)\tthat specified matter was meat;\n\t(ii)\tthat specified meat was intended for human consumption;\n\t(iii)\tthat specified meat was intended for consumption by pets;\n\t(iv)\tthat the sale of specified meat was intended for human consumption;\n\t(v)\tthat the sale of specified meat was intended for consumption by pets;\n\t(d)\testablish, for the purposes of proceedings for an offence against this Act, the circumstances in which a person is presumed to have offered, exposed or stored meat for sale.\n\t(4)\tBefore regulations are made establishing, varying or revoking a food safety scheme for a class of activities, the Minister must—\n\t(a)\trefer the question of the establishment, variation or revocation of the scheme to an advisory committee established for that class of activities; and\n\t(b)\tconsider any report presented to the Minister by the advisory committee within the period allowed by the Minister; and\n\t(c)\tengage in consultation with relevant industry bodies,\nbut the validity of any such regulations may not be called into question on the ground of any alleged failure to comply with this subsection.\n\t(5)\tAny body corporate established by regulation will be an agency of the Crown and hold its property on behalf of the Crown.\nPart 3—Accreditation\n12—Obligation to be accredited\nA producer of primary produce must not engage in a class of activities to which a food safety scheme applies without an accreditation if accreditation is required by the food safety scheme.\nMaximum penalty: $20 000.\n13—Application for accreditation\n\t(1)\tAn application for accreditation—\n\t(a)\tmust be made to the accreditation body; and\n\t(b)\tmust conform to the requirements of that body about its form, contents and the manner in which it is made; and\n\t(c)\tmust be accompanied by the fee fixed by regulation.\n\t(2)\tAn application for accreditation must set out details of any proposed food safety arrangement.\n\t(3)\tThe accreditation body may, by written notice, ask the applicant—\n\t(a)\tto give the body further information, documents or records relevant to the application; or\n\t(b)\tto allow persons authorised by the body to inspect premises, vehicles, plant or equipment proposed to be used by the applicant in connection with activities proposed to be authorised by the accreditation.\n\t(4)\tThe accreditation body may refuse the application if the applicant does not comply with such a request.\n\t(5)\tThe applicant may, with the approval of the accreditation body or at the request of the body, amend the application before the body has finished considering it.\n14—Temporary accreditation\n\t(1)\tThe accreditation body may, pending determination of an application for accreditation, grant temporary accreditation under this section.\n\t(2)\tTemporary accreditation operates for a term not exceeding 6 months and on conditions determined by the accreditation body. \n15—Grant of accreditation\n\t(1)\tOn application for accreditation, the accreditation body must grant the accreditation sought by the applicant if satisfied—\n\t(a)\tthat the applicant is a suitable person to hold such accreditation; and\n\t(b)\tif the applicant is a body corporate, that each director of the body corporate is a suitable person to be the director of a body corporate that holds such accreditation; and\n\t(c)\tthat the applicant satisfies any requirements for accreditation set out in the food safety scheme applicable to the class of activities proposed to be engaged in by the applicant.\n\t(2)\tFor the purposes of determining the suitability of a person under subsection (1), the accreditation body may, without limitation, take into account—\n\t(a)\tany offence committed by the person against—\n\t(i)\tthis Act or an Act repealed by this Act; or\n\t(ii)\tthe Food Act 2001; or\n\t(iii)\ta prescribed Act; or\n\t(iv)\ta law of the Commonwealth or another State or Territory of the Commonwealth that corresponds to any of the above Acts; or\n\t(b)\tany offence of dishonesty committed by the person.\n16—Conditions of accreditation\n\t(1)\tAccreditation is subject to the following conditions:\n\t(a)\tif the accredited producer has an approved food safety arrangement, the producer must—\n\t(i)\tcomply with the arrangement in all respects; and\n\t(ii)\tallow a person authorised for the purpose by the Minister or an approved auditor to perform, without notice to the producer—\n\t(A)\tthe number of periodic audits of the food safety arrangement required by condition imposed by the accreditation body; and\n\t(B)\tif an audit shows a failure to comply with the food safety arrangement—such additional audits as the accreditation body considers appropriate; and\n\t(iii)\tpay all or a proportion of the reasonable costs associated with those audits as required by condition imposed by the accreditation body;\n\t(b)\tthe accredited producer must comply with the regulations;\n\t(c)\tany other conditions imposed by the accreditation body that are of a kind allowed under the food safety scheme applicable to the class of activities for which the accreditation is required.\n\t(2)\tAn accredited producer who contravenes a condition of accreditation is guilty of an offence.\nMaximum penalty: $20 000.\n\t(3)\tA person who hinders or obstructs a person performing an audit under a condition of accreditation is guilty of an offence.\nMaximum penalty: $5 000.\n17—Periodic fees and returns\n\t(1)\tFor each period fixed by regulation, an accredited producer must, not later than the date fixed by regulation—\n\t(a)\tpay to the accreditation body the fee fixed by regulation; and\n\t(b)\tlodge with the accreditation body a return that conforms to the requirements of the body about its form, contents and the manner in which it is made.\n\t(2)\tIf an accredited producer fails to pay a fee or lodge a return in accordance with this section, the accreditation body may, by written notice, require the producer to make good the default and, in addition, to pay to the accreditation body the amount fixed by regulation as a penalty for default.\n\t(3)\tIf an accredited producer fails to comply with the notice within 14 days after the giving of the notice, the accreditation is suspended until the notice is complied with.\n\t(4)\tIf an accredited producer fails to comply with the notice within 6 months after the giving of the notice, the accreditation is cancelled.\n\t(5)\tThe accreditation body must cause written notice of the suspension or cancellation to be given to the producer.\n18—Variation of accreditation\n\t(1)\tThe accreditation body may, by written notice to an accredited producer—\n\t(a)\timpose a further condition of accreditation; or\n\t(b)\tvary or revoke a condition of accreditation; or\n\t(c)\tapprove a food safety arrangement for the producer; or\n\t(d)\tvary an approved food safety arrangement.\n\t(2)\tThis section does not authorise the imposition of a condition other than a condition of a kind allowed under the food safety scheme applicable to the class of activities for which the accreditation is required.\n\t(3)\tThe accreditation body's power under this section may be exercised on the accreditation body's own initiative or on application by the accredited producer and payment of all relevant fees and charges.\n\t(4)\tThe imposition or variation of a condition or the approval or variation of a food safety arrangement will not, except with the agreement of the accredited producer, take effect until 6 months after the giving of the notice under subsection (1).\n\t(5)\tAn accredited producer must, at the request of the accreditation body and within the period stated by the accreditation body, return the accreditation to the accreditation body for the purposes of recording action under this section.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n19—Application for variation of accreditation\n\t(1)\tAn application for variation or revocation of a condition of accreditation or for the approval or variation of a food safety arrangement—\n\t(a)\tmust be made to the accreditation body; and\n\t(b)\tmust conform to the requirements of the accreditation body about its form, contents and the manner in which it is made; and\n\t(c)\tmust be accompanied by the fee fixed by regulation.\n\t(2)\tThe accreditation body may, by written notice, ask the applicant—\n\t(a)\tto give the accreditation body further information, documents or records relevant to the application; or\n\t(b)\tto allow persons authorised by the accreditation body to inspect premises, vehicles, plant or equipment proposed to be used by the applicant in connection with activities authorised by the accreditation.\n\t(3)\tThe accreditation body may refuse the application if the applicant does not comply with such a request.\n\t(4)\tThe applicant may, with the accreditation body's approval or at the accreditation body's request, amend the application before the accreditation body has finished considering it.\n20—Transfer of accreditation\n\t(1)\tSubject to this section and any condition of the accreditation excluding or limiting the right of transfer under this section, the accreditation body must approve the transfer of an accreditation on application under this section.\n\t(2)\tThe accreditation body may refuse to approve the transfer of an accreditation if not satisfied—\n\t(a)\tthat the proposed transferee is a suitable person to hold such accreditation; or\n\t(b)\tif the proposed transferee is a body corporate—that each director of the body corporate is a suitable person to be the director of a body corporate that holds such accreditation; or\n\t(c)\tthat the proposed transferee has the capacity, or has made or proposes to make appropriate arrangements to satisfy any requirements for accreditation set out in the food safety scheme applicable to the class of activities to be engaged in by the proposed transferee.\n\t(3)\tFor the purposes of determining the suitability of a person under subsection (2), the accreditation body may, without limitation, take into account—\n\t(a)\tany offence committed by the person against—\n\t(i)\tthis Act or an Act repealed by this Act; or\n\t(ii)\tthe Food Act 2001; or\n\t(iii)\ta prescribed Act; or\n\t(iv)\ta law of the Commonwealth or another State or Territory of the Commonwealth that corresponds to any of the above Acts; or\n\t(b)\tany offence of dishonesty committed by the person.\n\t(4)\tAn application for transfer of accreditation—\n\t(a)\tmust be made to the accreditation body; and\n\t(b)\tmust conform to the requirements of the accreditation body about its form, contents and the manner in which it is made; and\n\t(c)\tmust be accompanied by the fee fixed by regulation.\n21—Suspension or revocation of accreditation\n\t(1)\tThe accreditation body may suspend or revoke an accreditation if satisfied that—\n\t(a)\tthe accreditation was obtained improperly; or\n\t(b)\tthe accredited producer—\n\t(i)\thas ceased to undertake the activity authorised by the accreditation; or\n\t(ii)\thas not paid fees or charges payable to the accreditation body or an approved auditor within the required time; or\n\t(iii)\thas committed an offence against this Act; or\n\t(iv)\thas been convicted of an indictable offence.\n\t(2)\tA suspension under this section may be for a specified period, or until the fulfilment of specified conditions, or until further order of the accreditation body.\n\t(3)\tA suspension under this section may be expressed to have effect at a specified future time, or to have effect at a specified future time unless a specified condition is fulfilled.\n\t(4)\tBefore the accreditation body acts under this section, the accreditation body must—\n\t(a)\tgive written notice to the accredited producer of the proposed action specifying the reasons for the proposed action; and\n\t(b)\tallow the accredited producer at least 14 days within which to make submissions to the accreditation body in relation to the proposed action.\n\t(5)\tIf the accreditation body suspends or revokes an accreditation, the producer must return the accreditation to the accreditation body within 14 days.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n22—Surrender of accreditation\nAn accreditation may be surrendered to the accreditation body.\nPart 4—Enforcement\nDivision 1—Approved auditors\n23—Approved auditors\n\t(1)\tThe Minister may approve a person as an auditor for the purposes of this Act if the Minister is satisfied that the person can provide satisfactory and efficient audit services for the purposes of this Act and that the services will be provided by suitably qualified persons.\n\t(2)\tAn approval under this section may be subject to such conditions as the Minister thinks fit, including conditions—\n\t(a)\trequiring the person to enter into an agreement with the Minister; or\n\t(b)\tlimiting the functions or powers of the person; or\n\t(c)\tlimiting the area of the State in which those functions or powers may be exercised; or\n\t(d)\tfixing fees to be paid to the Minister.\n\t(3)\tAn agreement under this section—\n\t(a)\tmust regulate the provision of audit services for the purposes of this Act; and\n\t(b)\tmust provide that the agreement terminates if the approval is withdrawn by the Minister; and\n\t(c)\tmust set out requirements relating to audit reports including the content of the reports; and\n\t(d)\tmay regulate the charges to be made by the auditor for audit services under this Act (by fixing specific charges or maximum and minimum charges or by setting out a method of calculating charges); and\n\t(e)\tmay regulate the withdrawal of audit services for non-payment of charges; and\n\t(f)\tmay contain any other provision agreed between the Minister and the person.\n\t(4)\tThe Minister and an approved auditor may, by agreement, vary or terminate an agreement under this section.\n\t(5)\tThe Minister may, by written notice to the approved auditor under this section—\n\t(a)\timpose a further condition of approval; or\n\t(b)\tvary or revoke a condition of approval; or\n\t(c)\twithdraw the approval if satisfied that the auditor is in breach of a condition of the approval or a term of the agreement between the holder and the Minister under this section.\n\t(6)\tAn approval or an agreement under this section does not derogate from the right of an authorised person to exercise any power under this Act.\n24—Duty of auditors to report certain matters\nIf an approved auditor, in the course of conducting an audit in respect of a producer's activities to which a food safety scheme applies, forms a reasonable belief that the producer has—\n\t(a)\tengaged in conduct creating a serious risk to the safety of primary produce; or\n\t(b)\tengaged in conduct of a prescribed kind,\nthe auditor must, as soon as reasonably practicable, inform the accreditation body under the food safety scheme or, if there is no accreditation body, the Minister, of the name and address of the producer and details about the facts and circumstances giving rise to the belief.\nMaximum penalty: $2 500 or imprisonment for 6 months.\nDivision 2—Authorised persons\n25—Appointment of authorised persons\n\t(1)\tThe Minister may appoint suitable persons with appropriate qualifications and experience to be authorised persons for the purposes of this Act.\n\t(2)\tAn appointment may be made subject to conditions specified in the instrument of appointment.\n\t(3)\tThe Minister may make an agreement with the relevant Commonwealth Minister or a local government authority with respect to the exercise and discharge by an employee or agent of the Commonwealth or local government authority of the powers and functions of an authorised person.\n\t(4)\tThe Minister may, at any time, revoke an appointment of an authorised person or vary or revoke a condition of appointment or impose a further condition of appointment.\n\t(5)\tThe Commonwealth or local government authority must be notified in writing of any action proposed to be taken under subsection (4) in relation to an employee or agent of the Commonwealth or local government authority.\n26—Identification of authorised persons\n\t(1)\tAn authorised person appointed under this Act must be issued with an identity card—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised person under this Act.\n\t(2)\tIf the powers of an authorised person have been limited by conditions, the identity card issued to the authorised person must contain a statement of those conditions.\n\t(3)\tAn authorised person must, at the request of a person in relation to whom the authorised person intends to exercise powers under this Act, produce for the inspection of the person his or her identity card (or in the case of an employee or agent of the Commonwealth or a local government authority exercising the powers of an authorised person, some other form of identification and authority).\n27—General powers of authorised persons\n\t(1)\tSubject to this section, an authorised person may—\n\t(a)\tenter and inspect and, if necessary, use reasonable force to break into or open—\n\t(i)\tany place or vehicle to which this section applies; or\n\t(ii)\tany part of, or anything in or on, any place or vehicle to which this section applies; and\n\t(b)\tgive directions with respect to the stopping or movement of a vehicle to which this section applies; and\n\t(c)\ttake samples of or from any primary produce, substance or thing for analysis; and\n\t(d)\tmark, or direct the marking of, primary produce or anything used, or apparently intended to be used, in connection with such produce; and\n\t(e)\tseize and retain any primary produce, or issue a seizure order in respect of any primary produce—\n\t(i)\tif the authorised person reasonably suspects that the produce may be unsafe or unsuitable; or\n\t(ii)\tin order to prevent the produce being processed before it can be determined to be safe and suitable; and\n\t(f)\tseize and retain, or issue a seizure order in respect of, anything that the authorised person reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; and\n\t(g)\texamine or test any plant, equipment, vehicle or other thing, or cause or require it to be examined or tested, or seize it or require its production for examination or testing; and\n\t(h)\trequire any person to produce any documents, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process; and\n\t(i)\texamine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information; and\n\t(j)\ttake photographs, films or audio, video or other recordings; and\n\t(k)\trequire a person who the authorised person reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; and\n\t(l)\trequire a person who the authorised person reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act to answer questions in relation to those matters; and\n\t(m)\trequire a person holding or required to hold an accreditation to produce it for inspection; and\n\t(n)\tgive any directions required in connection with the exercise of a power conferred by any of the paragraphs above or otherwise in connection with the administration or enforcement of this Act.\n\t(2)\tAn authorised person—\n\t(a)\tmay only exercise the powers conferred by subsection (1) as reasonably required for the administration and enforcement of this Act; and\n\t(b)\tmay only exercise the power to use force under subsection (1)(a) on the authority of a warrant issued by a magistrate.\n\t(3)\tA magistrate must not issue a warrant under subsection (2) unless satisfied, by information given on oath or affirmation, that the warrant is reasonably required in the circumstances.\n\t(4)\tIn the exercise of powers under this Act, an authorised person may be assisted by such persons as the authorised person considers necessary in the circumstances.\n\t(5)\tAn authorised person may require an occupier of any place or a person apparently in charge of any plant, equipment, vehicle or other thing to give to the authorised person or a person assisting the authorised person such assistance as is reasonably required by the authorised person for the effective exercise of powers conferred by this Act.\n\t(6)\tIf a person gives assistance to an authorised person as required under subsection (5), the person must, if he or she so requires, be reimbursed by the authorised person or the Minister for any reasonable costs and expenses incurred in giving the assistance.\n\t(7)\tThis section applies to a place or vehicle—\n\t(a)\tthat an authorised person reasonably suspects is being, or has been, used for or in connection with an activity to which a food safety scheme applies; or\n\t(b)\tin which the authorised person reasonably suspects there may be records relating to an activity to which a food safety scheme applies or anything that has been used in, or may constitute evidence of, a contravention of this Act.\n28—Provisions relating to seizure\n\t(1)\tA seizure order under this Division—\n\t(a)\tmust be in the form of a written notice given to the owner or person in control of the thing to which the order relates; and\n\t(b)\tmay be varied or discharged by further such written notice.\n\t(2)\tIf a seizure order is issued under this Division, a person who removes or interferes with the thing to which the order relates without the approval of an authorised person before the thing is dealt with under this section or the seizure order discharged is guilty of an offence.\nMaximum penalty: $5 000.\n\t(3)\tIf primary produce has been seized or made the subject of a seizure order under section 27(1)(e), the following provisions apply:\n\t(a)\tif an authorised person is satisfied that the produce is safe and suitable—it must be released immediately;\n\t(b)\tif an authorised person is satisfied that the produce is unsafe or unsuitable—the authorised person may—\n\t(i)\tdirect that the produce be processed or otherwise dealt with in a specified manner to ensure that it becomes safe and suitable; or\n\t(ii)\tdirect that the produce only be used for specified limited purposes; or\n\t(iii)\tcondemn the produce and dispose of it as the authorised person thinks fit or direct its disposal in a specified manner.\n\t(4)\tBefore exercising a power under subsection (3)(b), the authorised person must—\n\t(a)\tgive the owner of the produce written notice of the proposed action and the reasons for the proposed action; and\n\t(b)\tallow the owner of the produce a reasonable opportunity to comment on the proposed action.\n\t(5)\tIf any thing has been seized or made the subject of a seizure order under section 27(1)(f), the following provisions apply:\n\t(a)\tthe thing must, if it has been seized, be held pending proceedings for an offence against this Act related to the thing seized, unless the Minister, on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii));\n\t(b)\tif proceedings for an offence against this Act relating to the thing are instituted within the prescribed period after its seizure or the issuing of the seizure order and the defendant is convicted or found guilty of the offence, the court may—\n\t(i)\torder that it be forfeited to the Minister; or\n\t(ii)\tif it has been released pursuant to paragraph (a) or is the subject of a seizure order—order that it be forfeited to the Minister or that the person to whom it was released or the defendant pay to the Minister an amount equal to its market value at the time of its seizure as the court thinks fit;\n\t(c)\tif—\n\t(i)\tproceedings are not instituted for an offence against this Act relating to the thing within the prescribed period after its seizure or the issuing of the seizure order; or\n\t(ii)\tproceedings have been so instituted and—\n\t(A)\tthe defendant is found not guilty of the offence; or\n\t(B)\tthe defendant is convicted or found guilty of the offence but no order for forfeiture is made under paragraph (b),\nthen—\n\t(iii)\tin the case of a thing seized—the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Minister (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure; or\n\t(iv)\tin the case of a thing subject to a seizure order—the order is discharged.\n\t(6)\tIn this section—\nthe prescribed period means 6 months or such longer period as a magistrate may, on application by the Minister, allow.\n29—Offence to hinder etc authorised persons\n\t(1)\tA person who—\n\t(a)\thinders or obstructs an authorised person, or a person assisting an authorised person, in the exercise of powers conferred by this Act; or\n\t(b)\taddresses offensive language to an authorised person, or a person assisting an authorised person; or\n\t(c)\trefuses or fails to comply with a requirement or direction of an authorised person under this Division; or\n\t(d)\twhen required by an authorised person under this Division to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or\n\t(e)\tfalsely represents, by words or conduct, that he or she is an authorised person,\nis guilty of an offence.\nMaximum penalty: $5 000.\n\t(2)\tA person who assaults an authorised person, or a person assisting an authorised person in the exercise of powers under this Act, is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n30—Self-incrimination\nIf a person is required to answer a question or to produce, or provide a copy of, a document or information under this Division and the answer or document or information would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless answer or produce, or provide a copy of, the document or information, but the answer or document or information will not be admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty other than proceedings in respect of the making of a false or misleading statement or declaration.\nDivision 3—Compliance orders\n31—Power to require compliance with legislative requirements\n\t(1)\tIf an authorised person reasonably suspects that, in the course of an activity to which a food safety scheme applies, a producer has contravened or is contravening legislative requirements, the authorised person may, by written notice to the producer—\n\t(a)\trequire specified action to be taken within a specified time to rectify the contravention; or\n\t(b)\trequire specified action to be taken within a specified time to ensure compliance with the legislative requirements; or\n\t(c)\tprohibit the use of specified premises, vehicles, plant or equipment for or in connection with the production of primary produce until the legislative requirements are complied with.\n\t(2)\tAn authorised person may vary a requirement or prohibition imposed under this section by further written notice to the producer.\n\t(3)\tIn this section—\nlegislative requirements means requirements of this Act, including conditions of accreditation and requirements of a food safety scheme or approved food safety arrangement.\n32—Offence of contravening compliance order\nIf a requirement or prohibition imposed by notice under this Division is contravened, the producer to whom the notice was given is guilty of an offence.\nMaximum penalty: $20 000.\nPart 5—Reviews\n33—Review by Minister\n\t(1)\tSubject to this section, a person whose interests are affected by a decision made under Part 3 or Part 4 Division 3 may, within 28 days after the day on which the person is given written notice of the decision, apply to the Minister for a review of the decision.\n\t(2)\tThe Minister may determine an application for review as the Minister thinks fit.\n\t(3)\tA review must be determined within 28 days of the application being lodged with the Minister.\n\t(4)\tIf a review is not determined within that period, the Minister is to be taken to have confirmed the decision.\n\t(5)\tA right of review does not lie in relation to a temporary accreditation.\n34—Review by Tribunal\n\t(1)\tAn applicant for a review by the Minister who is not satisfied with the decision of the Minister on the review may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Minister's decision.\n\t(2)\tSubject to subsection (4), an application must be made within 28 days of the making of the Minister's decision.\n\t(3)\tThe Minister must, if required by the applicant for the review, state in writing the reasons for the decision.\n\t(4)\tIf the reasons of the Minister are not given to the applicant for the review in writing at the time of making the decision and that person (within 28 days of the making of the decision) requires the Minister to state the reasons in writing, the time for commencing proceedings before the Tribunal runs from the time at which that person receives the written statement of those reasons.\n\t(5)\tIn this section—\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nPart 6—Miscellaneous\n35—Exemptions\n\t(1)\tThe Minister may, by notice published in the Gazette, exempt a person or class of persons from compliance with this Act or specified provisions of this Act.\n\t(2)\tAn exemption is subject to any conditions stated in the notice.\n\t(3)\tAn exemption may be varied or revoked by further notice in the Gazette.\n\t(4)\tA person who has been exempted from compliance with this Act or specified provisions of this Act must not contravene a condition of the exemption.\nMaximum penalty: $20 000.\n36—Delegation by Minister\n\t(1)\tThe Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act (except a function or power prescribed by regulation).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n38—False or misleading statements\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act.\nMaximum penalty: \n\t(a)\tif the person made the statement knowing that it was false or misleading—$10 000 or imprisonment for 2 years;\n\t(b)\tin any other case—$5 000.\n39—Statutory declaration\nIf information is required by or under this Act to be provided to the Minister or an accreditation body, the Minister or accreditation body may require that the information be verified by statutory declaration and, in that event, the information will not be taken to have been provided as required unless it has been verified in accordance with the requirements of the Minister or accreditation body.\n40—Confidentiality\nA person must not divulge any information relating to business processes or financial information obtained (whether by that person or some other person) in the administration or enforcement of this Act except—\n\t(a)\tas authorised by or under this Act; or\n\t(b)\twith the consent of the person from whom the information was obtained or to whom the information relates; or\n\t(c)\tas reasonably required in connection with the administration or enforcement of this Act; or\n\t(d)\tfor the purpose of any legal proceedings arising out of the administration or enforcement of this Act.\nMaximum penalty: $10 000.\n41—Giving of notice\n\t(1)\tA notice required or authorised by this Act to be given to a person by the Minister, an accreditation body or an authorised person may be given—\n\t(a)\tby delivering it personally to the person or an agent of the person; or\n\t(b)\tby leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tby posting it to the person or agent of the person at the person's or agent's last known place of residence or business.\n\t(2)\tWithout limiting the effect of subsection (1), a notice required or authorised to be given to an applicant under this Act or to an accredited producer or the holder of an approval under this Act may be given—\n\t(a)\tby posting it to the person at the address last provided to the Minister or accreditation body by the person for that purpose; or\n\t(b)\tby transmitting it to the person by fax transmission or email to the fax number or email address last provided to the Minister or accreditation body by the person for that purpose; or\n\t(c)\tin the case of a company—in accordance with the Corporations Act 2001 of the Commonwealth.\n42—Evidence\n\t(1)\tIn any proceedings, a certificate executed by the Minister or an accreditation body certifying as to a matter relating to—\n\t(a)\tan accreditation under this Act; or\n\t(b)\tan approval or agreement under this Act; or\n\t(c)\tthe appointment of an authorised person under this Act; or\n\t(d)\tan arrangement with the Commonwealth or a local government authority under this Act; or\n\t(e)\ta delegation under this Act; or\n\t(f)\ta notice given under this Act; or\n\t(g)\tan application made under this Act; or\n\t(h)\tthe receipt or non-receipt of information required under this Act,\nconstitutes proof, in the absence of proof to the contrary, of the matters so certified.\n\t(2)\tAn allegation in a complaint that specified matter was primary produce of a specified kind will be accepted as proved in the absence of proof to the contrary.\n\t(3)\tIn any proceedings, evidence by an authorised person that, in his or her opinion, specified primary produce was unsafe or unsuitable is conclusive evidence of that matter.\n43—General defence\n\t(1)\tIt is a defence to a charge of an offence against this Act if the defendant proves that the offence did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n\t(2)\tA person who intends to rely on a defence under this section may only do so if the person gives written notice of that intention to the Minister within 28 days after the summons to answer to the charge is served on the person.\n\t(3)\tThis section does not apply in relation to a person who is charged with an offence under section 44.\n44—Offences by bodies corporate\n\t(1)\tIf a body corporate is guilty of a prescribed offence, each director and the manager of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the director or the manager (as the case may be) proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\n\t(2)\tIn this section—\nprescribed offence means an offence against section 12, 16(2), 32 or 35.\n45—Continuing offences\n\t(1)\tIf an offence against this Act is committed by a person by reason of a continuing act or omission—\n\t(a)\tthe person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount equal to one-fifth of the maximum penalty prescribed for that offence; and\n\t(b)\tif the act or omission continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continues after that conviction of not more than an amount equal to one-fifth of the maximum penalty prescribed for that offence.\n\t(2)\tFor the purposes of this section, an obligation to do something is to be regarded as continuing until the act is done despite the fact that any period within which, or time before which, the act is required to be done has expired or passed.\n46—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), regulations under this section or another section of this Act may—\n\t(a)\tfix fees to be paid in respect of any matter under this Act and regulate the payment, recovery, waiver or reduction of such fees;\n\t(b)\timpose fines, not exceeding $5 000, for contravention of a regulation;\n\t(c)\tfix expiation fees, not exceeding $315, for contravention of a regulation.\n\t(3)\tRegulations under this section or another section of this Act may—\n\t(a)\tbe of general application or limited application;\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or an accreditation body;\n\t(d)\tinclude evidentiary provisions to facilitate proof of breaches of the regulations for the purposes of proceedings for offences;\n\t(e)\tcontain provisions of a savings or transitional nature.\n\t(4)\tRegulations under this section or another section of this Act may provide for fees that vary or are determined by the Minister or an accreditation body according to factors specified in the regulations.\n\t(5)\tRegulations under this section or another section of this Act may refer to or incorporate, wholly or partially and with or without modification, a specified code or standard as in force at a specified time or as in force from time to time.\n\t(6)\tIf a code or standard is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code or standard must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and\n\t(b)\tevidence of the contents of the code or standard may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code or standard.\nSchedule 1—Transitional provisions\nPart 4—Transitional\n4—Accreditation\n\t(1)\tA person who held—\n\t(a)\ta licence under the Dairy Industry Act 1992; or\n\t(b)\tan accreditation under the Meat Hygiene Act 1994,\nimmediately before the repeal of that Act and who is required to hold an accreditation under this Act will be granted temporary accreditation by the Minister under this clause.\n\t(2)\tTemporary accreditation under this clause authorises the holder to carry on the activities for which the person was previously licensed or accredited for the term and subject to the conditions stated in the accreditation.\n5—Accreditation body under food safety scheme for dairy produce\nRegulations establishing a food safety scheme relating to the production of dairy produce may provide that—\n\t(a)\ta body corporate established by the regulations as an accreditation body is to be taken to be the same body corporate as the Dairy Authority of South Australia established under the Dairy Industry Act 1992; and\n\t(b)\ta reference in an Act or instrument to the Dairy Authority of South Australia is, so far as the context permits, to be taken to be a reference to the body corporate established by the regulations.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Primary Produce (Food Safety Schemes) Act 2004 repealed the following:\nDairy Industry Act 1992\nMeat Hygiene Act 1994\nLegislation amended by principal Act\nThe Primary Produce (Food Safety Schemes) Act 2004 amended the following:\nAnimal Welfare Act 1985\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2004\n20\n Primary Produce (Food Safety Schemes) Act 2004\n1.7.2004\n1.8.2005 (Gazette 14.7.2005 p2374) except Sch 1 cll 2, 3(2) & 4(1)(b)—1.7.2006 (Gazette 8.6.2006 p1600)\n2005\n11\n Primary Produce (Food Safety Schemes) (Miscellaneous) Amendment Act 2005\n21.4.2005\n21.4.2005\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 118 (s 273)—1.2.2010 (Gazette 28.1.2010 p320)\n2013\n16\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 42 (ss 88 & 89)—17.6.2013 (Gazette 6.6.2013 p2498)\n2017\n51\nStatutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 39 (ss 210 to 212)—14.12.2017 (Gazette 12.12.2017 p4960)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.2.2010\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.2.2010\nPt 3\n\n\ns 17\n\n\ns 17(1)\nsubstituted by 11/2005 s 3(1)\n21.4.2005\ns 17(2)\namended by 11/2005 s 3(2)\n21.4.2005\nPt 5\n\n\nheading\nsubstituted by 51/2017 s 210\n14.12.2017\ns 34\nsubstituted by 51/2017 s 211\n14.12.2017\nPt 6\n\n\ns 37\ndeleted by 84/2009 s 273\n1.2.2010\ns 43\n\n\ns 43(3)\ninserted by 16/2013 s 88\n17.6.2013\ns 44\nsubstituted by 16/2013 s 89\n17.6.2013\ns 46\n\n\ns 46(3)\namended by 11/2005 s 4\n21.4.2005\nSch 1\n\n\ncll 1—3\nomitted under Legislation Revision and Publication Act 2002\n1.2.2010\ncl 4\n\n\ncl 4(3)\ndeleted by 11/2005 s 5\n21.4.2005\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT No 2) Act 2017\n212—Transitional provisions\n\t(1)\tA right of appeal under section 34 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.\n\t(2)\tNothing in this section affects any proceedings before the District Court commenced before the relevant day.\n\t(3)\tIn this section—\nprincipal Act means the Primary Produce (Food Safety Schemes) Act 2004;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\n21.4.2005\n\n1.8.2005\n\n1.7.2006\n\n1.2.2010\n\n17.6.2013\n\n","sortOrder":0}],"analysis":{"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"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Insufficient data to assess scope change — the legislative text was not retrievable. Based on general knowledge, the Act has remained broadly consistent with its original purpose of enabling food safety scheme regulation for primary produce industries in South Australia, though the specific schemes and requirements have evolved through regulations over time."},"complexity_factors":["Framework-style legislation that delegates significant detail to subordinate regulations and individual food safety schemes, making the full legal picture difficult to assess from the Act alone","Multiple industry-specific schemes operating under a single umbrella Act, each with different requirements","Interaction with Commonwealth food safety laws (e.g., the Australia New Zealand Food Standards Code) creates jurisdictional complexity","Licensing, accreditation, and registration obligations impose ongoing compliance burdens on affected businesses","Enforcement and penalty provisions require understanding of both the Act and scheme-specific regulations","Unable to fully assess complexity as the actual legislative text was inaccessible due to a broken link"],"plain_english_summary":"The Primary Produce (Food Safety Schemes) Act 2004 (SA) sets up government-backed food safety schemes for primary-produce industries, requiring producers, processors and handlers to meet industry-specific hygiene, testing, record-keeping and handling standards. It affects farmers and businesses involved in growing, harvesting or processing raw food in South Australia, who may need registration or accreditation; non‑compliance can lead to penalties or loss of accreditation."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act consolidated and replaced the Dairy Industry Act 1992 and Meat Hygiene Act 1994 (Legislative history; Schedule 1) and established a single, regulation-driven framework for all \"primary produce\" activities (s 7–8, s 11). Subsequent amendments altered review routes and corporate liability (Legislative history: 2013, 2017), so the scope moved from separate sectoral laws to a broader, class-based, ministerially-configurable scheme administered by accreditation bodies and delegated auditors."},"complexity_factors":["Statutory accreditation regime with application, temporary accreditation, grant, variation, transfer, suspension, surrender and fees (ss 12–22).","Wide Ministerial and accreditation-body discretion to establish, design and administer class-specific food safety schemes (s 11) and to delegate functions (s 36).","Approved-auditor regime linking contractual terms, permitted charges and a mandatory reporting duty (ss 23–24).","Robust enforcement powers for authorised persons including entry, inspection, sampling, seizure, marking, testing and (with warrant) use of force (ss 25–27).","Specified compliance orders, offences, maximum penalties and continuing-offence daily penalties creating significant legal and financial exposure (ss 31–32, 12, 16(2), 45).","Evidentiary presumptions and protections (self-incrimination carve‑out, admissibility rules, certificates accepted in absence of contrary proof) that shape litigation risk (ss 30, 42).","Extensive regulation‑making power allowing incorporation of external codes/standards and fee-setting, increasing delegated detail outside the Act (s 46).","Appeal and review pathways with short statutory time limits and statutory bar on review of temporary accreditation (ss 33–34).","Transitional provisions and repeal of predecessor Acts, producing continuity and legacy compliance obligations (Schedule 1; Legislative history)."],"plain_english_summary":"This Act creates a regulatory system requiring producers of \"primary produce\" to hold accreditation under food-safety schemes, sets rules for approved auditors and authorised inspectors, and gives accreditation bodies and the Minister powers to impose conditions, fees, audits, seizures and penalties. Its stated object is to develop schemes that reduce risks to consumers and primary industry markets from unsafe or unsuitable primary produce. It matters to producers, accreditation bodies, auditors and enforcement officers because it determines who pays fees, who may be inspected and what enforcement action may be taken."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to remain within its original scope as a framework Act for food safety in primary production. While it consolidates previous dairy and meat hygiene legislation (as evidenced by transitional provisions and repeals), this represents consolidation rather than scope creep. The core purpose—establishing food safety schemes for primary produce with accreditation requirements—remains consistent with the long title and object clause."},"complexity_factors":["Extensive cross-referencing between Parts and reliance on regulations not yet made (framework legislation with delegated details)","Multiple defined terms (21 definitions in section 3 alone, plus specialised definitions for 'meat', 'meat processing', 'primary produce', and 'production of primary produce' in separate sections)","Nested conditional logic in enforcement provisions (e.g., seizure procedures in section 28 with multiple branching outcomes depending on safety determination, proceedings instituted, and conviction status)","Dual pathways for accreditation bodies (Minister vs body corporate) creating parallel but slightly different procedural requirements","Complex interaction with other Acts (explicitly stated as 'in addition to' other laws, creating overlapping regulatory frameworks)","Transitional provisions linking to repealed Acts (Dairy Industry Act 1992 and Meat Hygiene Act 1994) requiring historical knowledge to interpret current status","Multiple review mechanisms (Ministerial review then Tribunal review) with specific time limits and procedural requirements","Evidentiary presumptions and reverse onus provisions (e.g., section 42(3) makes authorised person opinion 'conclusive evidence')"],"plain_english_summary":"This South Australian law sets up a system to make sure food produced by farmers and primary producers is safe to eat. It covers things like meat, dairy, seafood, and other farm products.\n\n**What it does:**\n- **Creates food safety schemes**: The government can set up specific rules for different types of food production (like dairy farming or meat processing). These schemes are developed with advice from industry committees.\n- **Requires accreditation**: If you produce food covered by one of these schemes, you need to get accredited (officially approved) by an accreditation body. This means proving you have proper food safety processes in place.\n- **Sets up enforcement powers**: Authorised inspectors can enter farms and processing facilities, take samples, seize unsafe food, issue compliance orders, and check records. They can even get warrants to use force to enter premises if necessary.\n- **Establishes auditing**: Approved auditors check that accredited producers are following their food safety arrangements.\n\n**Who it affects:**\n- Farmers and primary producers growing, harvesting, or processing food for human or pet consumption\n- Meat processors and dairy producers\n- People transporting or handling primary produce\n- Saleyard operators selling livestock\n\n**Key protections for producers:**\n- You can't be forced to give evidence that incriminates yourself (though you must still answer questions)\n- You can appeal accreditation decisions to the Minister and then to a tribunal\n- There's a general defence if you took reasonable care to avoid breaking the law\n\n**Why it matters:**\nThis law protects public health by ensuring food is produced safely from the farm gate onwards. It also protects South Australia's agricultural markets by maintaining food safety standards that keep consumer confidence high."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/primary-produce-food-safety-schemes-act-2004","history":"/api/acts/primary-produce-food-safety-schemes-act-2004/history","analysis":"/api/acts/primary-produce-food-safety-schemes-act-2004/analysis","conflicts":"/api/acts/primary-produce-food-safety-schemes-act-2004/conflicts","importantCases":"/api/acts/primary-produce-food-safety-schemes-act-2004/important-cases","documents":"/api/acts/primary-produce-food-safety-schemes-act-2004/documents"}}