{"id":"primary-produce-food-safety-schemes-egg-regulations-2012","name":"Primary Produce (Food Safety Schemes) (Egg) Regulations 2012","slug":"primary-produce-food-safety-schemes-egg-regulations-2012","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236763,"registerId":"sa-primary-produce-food-safety-schemes-egg-regulations-2012-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Primary Produce (Food Safety Schemes) (Egg) Regulations 2012","content":"South Australia\nPrimary Produce (Food Safety Schemes) (Egg) Regulations 2012\nunder the Primary Produce (Food Safety Schemes) Act 2004\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tEgg food safety scheme\nPart 2—Compliance with Food Standards Code\n5\tCompliance with Standard 4.2.5 of Food Standards Code\nPart 3—Accreditation and food safety arrangements\n6\tMinister is accreditation body\n7\tObligation to be accredited\n8\tRequirements for accreditation\n9\tObligation to have approved food safety arrangement\n10\tFees and returns\n11\tFee payable before grant of accreditation\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Primary Produce (Food Safety Schemes) (Egg) Regulations 2012.\n3—Interpretation\nIn these regulations—\nAct means the Primary Produce (Food Safety Schemes) Act 2004;\nbird means an animal of the avian species, other than a ratite;\negg means an egg produced by a bird;\negg production business means a business constituted of or involving the collection of eggs from egg-laying birds and the production of primary produce comprised of eggs;\nFood Standards Code has the same meaning as in the Food Act 2001;\nsmall egg production business means an egg production business that does not involve either—\n\t(a)\tmore than 50 egg‑laying birds; or\n\t(b)\tthe sale of eggs in any of the following circumstances:\n\t(i)\tthe sale of eggs to a food business within the meaning of the Food Act 2001;\n\t(ii)\tthe sale of eggs to an egg production business;\n\t(iii)\tthe sale of eggs at a market;\n\t(iv)\tthe sale of eggs by wholesale;\nStandard 4.2.5 means Standard 4.2.5 of the Food Standards Code and includes other documents called up by that Standard.\n4—Egg food safety scheme\nThese regulations establish the egg food safety scheme for an egg production business.\nPart 2—Compliance with Food Standards Code\n5—Compliance with Standard 4.2.5 of Food Standards Code\nA producer engaged in an egg production business must comply with any requirement imposed on the producer by Standard 4.2.5 of the Food Standards Code in relation to eggs intended for sale.\nMaximum penalty: $5 000.\nExpiation fee: $315.\nPart 3—Accreditation and food safety arrangements\n6—Minister is accreditation body\nThe Minister is the accreditation body for the egg food safety scheme.\n7—Obligation to be accredited\nFor the purposes of section 12 of the Act, a producer of primary produce must not engage in an egg production business other than a small egg production business without an accreditation.\n8—Requirements for accreditation\nFor the purposes of section 15(1)(c) of the Act, an applicant for accreditation must satisfy the Minister that the applicant has the capacity, or has made or proposes to make appropriate arrangements, to satisfy the requirements of the Act and these regulations applicable to the activities to be accredited.\n9—Obligation to have approved food safety arrangement\nAn accredited producer must have a food safety arrangement approved by the Minister.\n10—Fees and returns\n\t(1)\tFor the purposes of section 17 of the Act, for each year, an accredited producer must, not later than the prescribed date—\n\t(a)\tpay to the Minister the annual fee prescribed by fee notice; and\n\t(b)\tlodge with the Minister a return that conforms to the requirements of the Minister about its form, contents and the manner in which it is made.\n\t(2)\tThe prescribed date is the day and month specified by the Minister by notice in writing to the accredited producer.\n\t(3)\tFor the purposes of section 17(2) of the Act, the penalty for default in paying an annual fee or lodging an annual return is as prescribed by fee notice.\n\t(4)\tThe Minister may waive, defer or reduce a fee if the Minister considers it appropriate to do so in the circumstances.\n\t(5)\tThe Minister may recover an amount payable to the Minister by way of a fee or part of a fee as a debt from the person liable to pay.\n\t(6)\tIn this regulation—\nfee means a fee prescribed by fee notice;\nfee notice has the same meaning as in the Legislation (Fees) Act 2019.\n11—Fee payable before grant of accreditation\n\t(1)\tBefore a person is granted accreditation, the person must pay a fee of an amount calculated by multiplying—\n\t(a)\tthe annual fee that would have been payable by or on behalf of the person had the person been an accredited producer at the last date for payment of the annual fee; and\n\t(b)\tthe proportion that the number of whole months between the grant of accreditation and the next date for payment of the annual fee bears to 12 months.\n\t(2)\tThe annual fee that would have been payable is to be calculated on the basis of the Minister's estimate of the maximum number of laying birds that would have been likely to have been involved in the egg production business had the person been an accredited producer at the last date for payment of the annual fee taking into account the proposed nature of the business.\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 these regulations (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.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2012\n2\nGazette 27.1.2012 p393\n1.3.2012 except Pt 2—26.11.2012: r 2\n2012\n54\nGazette 31.5.2012 p2240\n1.7.2012: r 2\n2013\n58\nGazette 6.6.2013 p2123\n1.7.2013: r 2\n2014\n149\nGazette 19.6.2014 p2688\n1.7.2014: r 2\n2015\n108\nGazette 18.6.2015 p2679\n1.7.2015: r 2\n2016\n80\nGazette 23.6.2016 p2206\n1.7.2016: r 2\n2017\n111\nGazette 22.6.2017 p2284\n1.7.2017: r 2\n2018\n101\nGazette 21.6.2018 p2254\n1.7.2018: r 2\n2019\n126\nGazette 13.6.2019 p2008\n1.7.2019: r 2\n2020\n183\nGazette 4.6.2020 p3047\n1.7.2020: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2013\nr 10\n\n\nr 10(1)\nvaried by 183/2020 r 4(1)\n1.7.2020\nr 10(3)—(6)\ninserted by 183/2020 r 4(2)\n1.7.2020\nr 12\ndeleted by 183/2020 r 5\n1.7.2020\nSch 1\nsubstituted by 54/2012 r 4\n1.7.2012\n\nsubstituted by 58/2013 r 4\n1.7.2013\n\nsubstituted by 149/2014 r 4\n1.7.2014\n\nsubstituted by 108/2015 r 4\n1.7.2015\n\nsubstituted by 80/2016 r 4\n1.7.2016\n\nsubstituted by 111/2017 r 4\n1.7.2017\n\nsubstituted by 101/2018 r 4\n1.7.2018\n\nsubstituted by 126/2019 r 4\n1.7.2019\n\ndeleted by 183/2020 r 6\n1.7.2020\nHistorical versions\n1.7.2012\n\n26.11.2012\n\n1.7.2013\n\n1.7.2014\n\n1.7.2015\n\n1.7.2016\n\n1.7.2017\n\n1.7.2018\n\n1.7.2019\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. No comparison between original intent and final form is possible from the information provided."},"complexity_factors":["Document content is entirely unavailable — only a 'Page Not Found' error was returned, preventing any substantive legal analysis","Regulations of this type (food safety scheme regulations) typically involve moderate technical complexity with defined standards, licensing schemes, and compliance obligations","Subordinate legislation (regulations) adds a layer of complexity as they must be read alongside the parent Act — the Primary Produce (Food Safety Schemes) Act","Egg industry food safety rules often intersect with federal food standards (FSANZ Food Standards Code), adding potential jurisdictional complexity","Score is indicative only — actual complexity cannot be assessed without the legislative text"],"plain_english_summary":"These South Australian regulations, made under the Primary Produce (Food Safety Schemes) Act, govern the egg industry in SA. They likely set out licensing, hygiene/handling, labelling and grading, traceability and inspection/compliance rules affecting egg farmers, processors, packers and sellers — essential safeguards to protect consumer food safety."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain focused on their original purpose: establishing food safety requirements for egg production businesses. The 2020 amendments removed Schedule 1 (annual fee schedules) and streamlined fee administration by referencing the Legislation (Fees) Act 2019, but this represents administrative simplification rather than scope creep. The core regulatory framework—accreditation for larger producers, exemption for small producers, and compliance with Standard 4.2.5—has remained consistent since commencement."},"complexity_factors":["Short document (11 regulations plus interpretation section)","Only 6 defined terms in the interpretation section (Act, bird, egg, egg production business, Food Standards Code, small egg production business, Standard 4.2.5)","Minimal cross-referencing—primarily references to the parent Act (Primary Produce (Food Safety Schemes) Act 2004) and the Food Standards Code","Simple conditional logic: the 'small egg production business' exemption uses straightforward 'either/or' criteria (bird numbers OR sales channels)","No nested exceptions or complex procedural requirements","Fee calculation in regulation 11 uses basic proportional arithmetic but is clearly expressed","Legislative history shows Schedule 1 (likely fee schedules) was deleted in 2020, simplifying the current structure"],"plain_english_summary":"These regulations set up food safety rules for egg producers in South Australia. Here's what they do:\n\n**Who they affect:**\n- Anyone running an egg production business (collecting eggs from birds and selling them)\n- **Small producers** (fewer than 50 birds, or only selling direct to consumers) are exempt from most requirements\n- **Larger producers** must get accreditation and follow strict food safety rules\n\n**What they require:**\n- **Compliance with national standards:** All producers must follow Standard 4.2.5 of the Food Standards Code (national food safety rules for eggs)\n- **Accreditation:** Larger producers must be accredited by the Minister\n- **Food safety arrangements:** Accredited producers must have an approved plan for keeping eggs safe\n- **Fees and reporting:** Accredited producers pay annual fees and submit returns to the Minister\n\n**Why it matters:**\nThese rules protect consumers from foodborne illness (like salmonella from eggs) by ensuring producers follow proper hygiene and handling practices. The two-tier system means small backyard producers selling at the farm gate face minimal red tape, while commercial operations that supply markets, wholesalers, and other food businesses must meet higher safety standards.\n\n**Penalties:**\nBreaking the food safety standards can result in a $5,000 fine (or $315 if paid as an on-the-spot fine)."},"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 core scope — requiring non‑small egg producers to comply with Standard 4.2.5 and to be accredited — remains (rr5, 7). Amendments recorded in the history primarily adjusted administrative and fee provisions (notably r10 and related fee notice mechanics) rather than expanding or narrowing the substantive coverage of producers (Legislative history; rr10, 11)."},"complexity_factors":["Cross-reference to external instrument: compliance depends on Standard 4.2.5 of the Food Standards Code (r5), adding dependency on an external, detailed standard.","Administrative discretion: Minister is accreditation body and may approve arrangements, set prescribed dates, waive/defer/reduce fees, and recover debts (rr6, 9, 10(2), 10(4), 10(5)).","Definitions and thresholds: the \"small egg production business\" carve‑out uses both a numerical threshold (50 laying birds) and multiple sale‑type exclusions, creating conditional coverage (r3).","Accreditation linkage: applicants must satisfy capacity/arrangements per the Act and these regulations, so assessment depends on both instruments (r8).","Fee mechanics: annual fees set by fee notice, penalty for default prescribed by fee notice, and a prorated pre‑accreditation fee calculated by months and estimated flock size (rr10, 11).","Enforcement basics: a specific maximum penalty and expiation fee are set for non‑compliance with the Food Standards Code requirement (r5).","Record/return requirements: accredited producers must lodge returns conforming to Ministerial requirements, creating administrative burden and potential variation in form/content (r10(1)(b))."],"plain_english_summary":"These regulations create an egg food‑safety scheme: producers (except defined \"small\" producers) must comply with Food Standards Code Standard 4.2.5, obtain Ministerial accreditation, and hold an approved food‑safety arrangement. Accredited producers must pay annual fees, lodge returns and may be required to pay a prorated fee before accreditation. The Minister is the accreditation body and may set fee notices, approve arrangements, waive or recover fees (regs 3–11). This changes producers' certification, compliance duties and cost exposure."}},"importantCases":[],"_links":{"self":"/api/acts/primary-produce-food-safety-schemes-egg-regulations-2012","history":"/api/acts/primary-produce-food-safety-schemes-egg-regulations-2012/history","analysis":"/api/acts/primary-produce-food-safety-schemes-egg-regulations-2012/analysis","conflicts":"/api/acts/primary-produce-food-safety-schemes-egg-regulations-2012/conflicts","importantCases":"/api/acts/primary-produce-food-safety-schemes-egg-regulations-2012/important-cases","documents":"/api/acts/primary-produce-food-safety-schemes-egg-regulations-2012/documents"}}