{"id":"primary-produce-food-safety-schemes-plant-products-regulations-2022","name":"Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2022","slug":"primary-produce-food-safety-schemes-plant-products-regulations-2022","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236773,"registerId":"sa-primary-produce-food-safety-schemes-plant-products-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2022","content":"South Australia\nPrimary Produce (Food Safety Schemes) (Plant Products) Regulations 2022\nunder the Primary Produce (Food Safety Schemes) Act 2004\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—Seed sprouts\n4\tSeed sprouts food safety scheme\n5\tObligation to be accredited\n6\tRequirements for accreditation\n7\tCompliance with Standard 4.2.6 of Food Standards Code\n8\tApproved food safety arrangements\n9\tAuditing approved food safety arrangements\n10\tFees, charges and returns\n11\tFee payable before grant of accreditation\nSchedule 1—Repeal of Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2022.\n2—Commencement\nThese regulations come into operation on 1 August 2022.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\naccredited producer means a person accredited under these regulations to carry on a seed sprouts production business;\nAct means the Primary Produce (Food Safety Schemes) Act 2004;\nFood Standards Code has the same meaning as in the Food Act 2001;\nseed sprouts production means the production of seed sprouts intended for consumption by humans;\nseed sprouts means young seedlings grown from—\n\t(a)\talfalfa, broccoli, clover, onion, radish or sunflower seeds or other seeds;\n\t(b)\tmung beans or other beans;\n\t(c)\tsnow peas or other peas.\nPart 2—Seed sprouts\n4—Seed sprouts food safety scheme\n\t(1)\tThis Part establishes a food safety scheme for carrying on the business of seed sprouts production.\n\t(2)\tThe Minister is the accreditation body for the seed sprouts food safety scheme.\n5—Obligation to be accredited\nFor the purposes of section 12 of the Act, a person must not carry on the business of seed sprouts production without an accreditation.\n6—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.\n7—Compliance with Standard 4.2.6 of Food Standards Code\nAn accredited producer must ensure that the activities under the accreditation are carried on in compliance with Standard 4.2.6 of the Food Standards Code (despite the fact that the Standard excludes food businesses that fall under the definition of primary food production from compliance with that Standard).\nMaximum penalty: $5 000.\nExpiation fee: $315.\n8—Approved food safety arrangements\nAn accredited producer must have a food safety arrangement approved by the Minister.\n9—Auditing approved food safety arrangements\n\t(1)\tAn accredited producer must allow an approved auditor to perform, without notice to the producer—\n\t(a)\tthe number of periodic audits of the producer's compliance with the producer's approved food safety arrangement required by the terms of that arrangement; and\n\t(b)\tif an audit shows a failure to comply with the food safety arrangement—such additional audits as the Minister considers appropriate.\n\t(2)\tAn accredited producer must pay all of the costs associated with the audits.\n10—Fees, charges 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 day and month specified by the Minister by notice in writing to the accredited producer—\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 penalty for default in payment of an annual fee or lodging an annual return is as prescribed by fee notice.\n\t(3)\tThe Minister may waive, defer or reduce payment of a fee if the Minister considers it appropriate to do so in the circumstances.\n\t(4)\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(5)\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\nBefore 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.\nSchedule 1—Repeal of Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010\nThe Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010 are repealed.\nLegislative history\nNotes\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\nYear\nNo\nReference\nCommencement\n2022\n52\nGazette 7.7.2022 p2132 \n1.8.2022: r 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2010 regulations (Schedule 1) and replaces them with a focused seed‑sprouts scheme that requires accreditation, approved food‑safety arrangements, compliance with Standard 4.2.6 despite the Standard's usual exclusion for primary production, audited oversight (including no‑notice audits), and an annual fee/return regime under Ministerial fee notices (Schedule 1; ss 4–11)."},"complexity_factors":["Narrow subject matter (seed sprouts) reduces substantive breadth (Part 2, s 4)","Multiple regulatory mechanisms combined: mandatory accreditation, approved food safety arrangements, audits, fees (ss 5–11)","Cross-reference to external standard (Food Standards Code Standard 4.2.6) and explicit override of a usual exclusion (s 7)","Administrative discretion concentrated in Minister: accreditation authority, approval of arrangements, timing of notices, fee waivers (ss 4(2), 6, 8, 10(3))","Operational burden on producers: no‑notice periodic and follow‑up audits and requirement to pay audit costs (s 9)","Interplay with primary Act (references to ss 12, 15(1)(c), 17 of the Act) creates dependency on upstream statutory definitions and procedures (s 5, s 6, s 10)","Payment timing and proration before grant of accreditation require calculations tied to fee notices (ss 10, 11)","Sanctions and administrative enforcement: monetary penalties and expiation fee for non‑compliance (s 7)"],"plain_english_summary":"This regulation establishes a food‑safety scheme for seed‑sprout producers: producers must be accredited by the Minister, hold an approved food‑safety arrangement, comply with Food Standards Code Standard 4.2.6, submit annual returns and pay fees, and submit to no‑notice audits (ss 4–11). It affects anyone producing seed sprouts for human consumption by imposing accreditation, auditing, fee and compliance obligations; the Minister controls accreditation, fee notices, approval of arrangements and audit arrangements."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It replaces the 2010 regulations but continues to focus solely on seed sprouts as a specific high-risk plant product category. There is no evidence of scope creep — the regulations do not expand to cover other plant products or primary produce categories beyond what was originally intended for this food safety scheme."},"complexity_factors":["Short length (11 regulations plus schedule)","Only 5 defined terms in the interpretation section","Minimal cross-referencing — primarily references parent Act (Primary Produce (Food Safety Schemes) Act 2004) and Food Standards Code","Simple conditional logic — mainly straightforward obligations with clear penalties","Single subject matter focus (seed sprouts only) — no branching schemes or multiple industry applications","Penalty and expiation fee provisions are direct and unqualified"],"plain_english_summary":"This is a South Australian law that sets food safety rules for businesses growing **seed sprouts** (like alfalfa, mung bean, or radish sprouts) for people to eat.\n\n**What it does:**\n- Creates a mandatory **accreditation scheme** — anyone growing seed sprouts commercially must get official approval from the Minister.\n- Requires accredited producers to follow **Standard 4.2.6 of the Food Standards Code** (national food safety rules), even though that Standard normally doesn't apply to primary producers.\n- Makes producers develop and get approval for a **food safety arrangement** — a plan showing how they'll keep their sprouts safe.\n- Requires **regular audits** of these safety plans, with producers paying all audit costs.\n- Sets up **annual fees and reporting** — producers must pay yearly fees and submit returns to the Minister.\n\n**Who it affects:**\n- Commercial growers of seed sprouts in South Australia.\n- The Minister (who acts as the accreditation body and approves safety arrangements).\n- Approved auditors who check compliance.\n\n**Why it matters:**\nSeed sprouts are high-risk foods — they're often eaten raw and can grow dangerous bacteria like *Salmonella* or *E. coli* if not handled properly. These regulations close a gap where primary producers were previously exempt from national food safety standards, ensuring sprout growers meet the same hygiene and safety rules as other food businesses."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the actual legislative text was not retrievable due to a website error. No comparison between original intent and final form is possible from the content provided."},"complexity_factors":["Only the title and a website error page were provided — no actual legislative text is available for analysis","Cannot assess definitively, but food safety scheme regulations of this type typically involve moderate technical complexity around compliance obligations, definitions of regulated activities, and interaction with parent Acts","South Australian subordinate legislation of this kind often cross-references multiple Acts and national food standards codes, which can add complexity","Score is set low (2) to reflect the near-total absence of analysable content, not the likely complexity of the underlying instrument"],"plain_english_summary":"This regulation establishes food-safety rules for plant-based produce in South Australia, setting out how primary producers and those who handle, process or distribute fruits, vegetables, grains and similar crops must manage risks to consumer safety.  \n\nIt matters because it shapes compliance, traceability and inspection expectations for farmers, processors and regulators, protecting public health and market access."}},"importantCases":[],"_links":{"self":"/api/acts/primary-produce-food-safety-schemes-plant-products-regulations-2022","history":"/api/acts/primary-produce-food-safety-schemes-plant-products-regulations-2022/history","analysis":"/api/acts/primary-produce-food-safety-schemes-plant-products-regulations-2022/analysis","conflicts":"/api/acts/primary-produce-food-safety-schemes-plant-products-regulations-2022/conflicts","importantCases":"/api/acts/primary-produce-food-safety-schemes-plant-products-regulations-2022/important-cases","documents":"/api/acts/primary-produce-food-safety-schemes-plant-products-regulations-2022/documents"}}