{"id":"primary-produce-food-safety-schemes-seafood-regulations-2017","name":"Primary Produce (Food Safety Schemes) (Seafood) Regulations 2017","slug":"primary-produce-food-safety-schemes-seafood-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236778,"registerId":"sa-primary-produce-food-safety-schemes-seafood-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Primary Produce (Food Safety Schemes) (Seafood) Regulations 2017","content":"South Australia\nPrimary Produce (Food Safety Schemes) (Seafood) Regulations 2017\nunder the Primary Produce (Food Safety Schemes) Act 2004\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tSeafood food safety scheme\nPart 2—Obligations relating to Food Standards Code\n5\tAll licensees must comply with Division 2 of Standard 4.2.1\nPart 3—Obligations relating to production of bivalve molluscs\n6\tObligation to be accredited\n7\tGrant of accreditation\n8\tObligation to have approved food safety arrangement\n9\tSpecific requirements\nPart 4—Fees and charges\n10\tFees and charges\n11\tFee payable before grant of accreditation\nSchedule 2—Transitional provisions\nPart 2—Transitional provisions\n2\tInterpretation\n3\tApproved food safety arrangements to continue\n4\tSpecific requirements—notices to continue\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Primary Produce (Food Safety Schemes) (Seafood) Regulations 2017.\n3—Interpretation\nIn these regulations—\naccredited producer means a bivalve mollusc producer accredited under these regulations;\nAct means the Primary Produce (Food Safety Schemes) Act 2004;\napproved area—see regulation 9(3);\naquaculture licence has the same meaning as in the Aquaculture Act 2001;\nbivalve mollusc producer means the holder of an aquaculture or fishery licence authorising the farming or taking of bivalve molluscs;\nbivalve mollusc production activities means activities constituted of the production of primary produce involving bivalve molluscs intended for sale or supply for human consumption;\nbivalve molluscs includes cockles, clams, mussels, oysters, pipis and scallops;\nfishery licence has the same meaning as in the Fisheries Management Act 2007;\nfood safety arrangement—see regulation 8;\nlicensee means the holder of an aquaculture or fishery licence;\nrestricted area—see regulation 9(3);\nspat means a mollusc that would pass through a screen with a mesh size of 10 millimetres by 10 millimetres;\nStandard 4.2.1 means Standard 4.2.1 (Primary Production & Processing Standard for Seafood) of the Food Standards Code, within the meaning of the Food Act 2001, and includes other documents called up by that Standard;\nwet storage means the storage of live bivalve molluscs in containers (not located in the sea) of natural or synthetic seawater.\n4—Seafood food safety scheme\n\t(1)\tThese regulations establish a food safety scheme (the seafood food safety scheme) for the activities of licensees constituted of the production of primary produce involving fish intended for sale or supply for human consumption.\n\t(2)\tThe Minister is the accreditation body for the seafood food safety scheme.\nPart 2—Obligations relating to Food Standards Code\n5—All licensees must comply with Division 2 of Standard 4.2.1\nA licensee must ensure that the requirements set out in Division 2 of Standard 4.2.1 are complied with in respect of activities to which the seafood food safety scheme applies (assuming the activities comprise a seafood business).\nPart 3—Obligations relating to production of bivalve molluscs\n6—Obligation to be accredited\n\t(1)\tFor the purposes of section 12 of the Act, a bivalve mollusc producer must not engage in bivalve mollusc production activities without an accreditation.\n\t(2)\tA bivalve mollusc producer need not hold an accreditation if—\n\t(a)\tthe only bivalve molluscs farmed or taken by the producer comprise spat; or\n\t(b)\tthe only bivalve molluscs farmed or taken by the producer are scallops and only the adductor muscle of the scallops is sold or supplied for human consumption.\n7—Grant of 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.\n8—Obligation to have approved food safety arrangement\n\t(1)\tAn accredited producer must have a food safety arrangement approved by the Minister for bivalve mollusc production activities.\n\t(2)\tThe food safety arrangement must—\n\t(a)\tcomply with the requirements for a documented food safety management system set out in Division 3 of Standard 4.2.1; and\n\t(b)\tbe designed to ensure compliance by the producer with regulation 9; and\n\t(c)\tbe designed to ensure that the producer meets his or her obligations under the Food Act 2001 relating to ensuring that food for sale is both safe and suitable for human consumption.\n\t(3)\tAn accredited producer who farms bivalve molluscs under an aquaculture licence need not have a food safety arrangement approved by the Minister in relation to those farming activities if all bivalve molluscs farmed by the producer are moved to the licence area of another accredited producer who farms bivalve molluscs under an aquaculture licence for further development prior to the molluscs being harvested for sale.\n9—Specific requirements\n\t(1)\tAn accredited producer must ensure that the following requirements are complied with in respect of bivalve mollusc production activities:\n\t(a)\tbivalve molluscs of a particular species (other than spat) must not be sold or supplied for human consumption unless they have been harvested for that purpose from a part of an approved area that is open in respect of the species;\n\t(b)\tbivalve molluscs of a particular species (other than spat) must not be brought into an approved area unless, immediately before being brought into the area, they were taken from—\n\t(i)\tanother approved area; or\n\t(ii)\ta part of a restricted area that is open in respect of the species;\n\t(c)\tbivalve molluscs of a particular species taken from a part of an approved area that is closed in respect of the species, or from a part of a restricted area that is open in respect of the species, must not be brought into an approved area except in accordance with a written authorisation (a relaying authorisation) granted to the producer by the Minister and, while in the approved area, the molluscs—\n\t(i)\tmust be kept in an area that is clearly marked as a relaying area; and\n\t(ii)\tmust be adequately separated from other bivalve molluscs so as to avoid cross contamination; and\n\t(iii)\tmust be subjected to a process for the reduction of pathogenic organisms or contaminants,\nin accordance with the relaying authorisation;\n\t(d)\tbivalve molluscs must not be kept in wet storage except in accordance with a written authorisation (a wet storage authorisation) granted to the producer by the Minister;\n\t(e)\tbivalve molluscs that have been kept in wet storage must not be sold or supplied for human consumption unless the water in which the molluscs have been stored has been tested as required by the wet storage authorisation and found to be suitable as specified by the authorisation;\n\t(f)\tthe producer must, in accordance with a request of the Minister, supply bivalve molluscs and water samples for testing and facilitate the taking of bivalve molluscs or water samples on behalf of the Minister;\n\t(g)\tbivalve molluscs harvested for human consumption by or on behalf of the producer on the same date from the same approved area must be stored and handled in a manner that ensures that they can be readily distinguished from bivalve molluscs harvested on a different date or from a different area and must, before being sold or supplied to another, be placed in a container labelled with—\n\t(i)\tthe name of the producer; and\n\t(ii)\tthe number of the producer's accreditation; and\n\t(iii)\tif the producer holds an aquaculture licence—the number of the licence; and\n\t(iv)\tif the producer holds a fishery licence—the number of the licence; and\n\t(v)\tthe date on which the bivalve molluscs were harvested; and\n\t(vi)\tdetails identifying the approved area from which the bivalve molluscs were harvested;\n\t(h)\tbivalve molluscs farmed by an accredited producer who is exempt from the requirement to have an approved food safety arrangement must not be sold or supplied for human consumption unless the molluscs have been moved to the licence area of another accredited producer who farms bivalve molluscs under an aquaculture licence for further development prior to the molluscs being harvested;\n\t(i)\tif there is reason to believe that bivalve molluscs are unsafe or unsuitable as food within the meaning of the Food Act 2001, the producer must immediately notify the Minister.\n\t(2)\tSubregulation (1)(a) does not apply to scallops if only the adductor muscle of the scallops is sold or supplied for human consumption.\n\t(3)\tThe Minister may, either by notice in the Gazette or by written notice to accredited producers who are authorised to farm or take bivalve molluscs in the area—\n\t(a)\tclassify an area as an approved area or a restricted area;\n\t(b)\tspecify the period during the year when the area or parts of the area will be open (and if the Minister does not specify a period, the area will be taken to be open throughout the year);\n\t(c)\tspecify the species for which the area will be open (and if the Minister does not specify a species, the area will be taken to be open in respect of all species);\n\t(d)\ttemporarily close an approved area or restricted area or part of an approved area or restricted area absolutely or in respect of specified species.\n\t(4)\tThe Minister may, by subsequent notice in the Gazette or by written notice to accredited producers who are authorised to farm or take bivalve molluscs in the area, vary or revoke a notice under subregulation (3).\nPart 4—Fees and charges\n10—Fees and charges\n\t(1)\tFor the purposes of section 17(1) 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 an annual 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—\n\t(a)\tif the producer holds an aquaculture or fishery licence that is granted on an annual basis—the day and month that the licence will expire;\n\t(b)\tif the producer holds an aquaculture or fishery licence that is granted for a period exceeding 1 year and is required to submit an annual return in connection with the licence—the day and month that the annual return must be submitted;\n\t(c)\tin any other case—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 payment of 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\nBefore a bivalve mollusc producer is granted accreditation, the producer 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 producer had the producer 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 2—Transitional provisions\nPart 2—Transitional provisions\n2—Interpretation\nIn this Part—\nrevoked regulations means the Primary Produce (Food Safety Schemes) (Seafood) Regulations 2006.\n3—Approved food safety arrangements to continue\nA food safety arrangement approved under regulation 7 of the revoked regulations and in force immediately before the commencement of this clause will be taken, on and from that commencement, to continue as a food safety arrangement approved under regulation 8 of these regulations, and subject to the same terms and conditions (if any), as applied under the food safety arrangement immediately before that commencement.\n4—Specific requirements—notices to continue\nA notice to accredited producers made under regulation 8(2) of the revoked regulations in respect of a particular matter and in force immediately before the commencement of this clause will be taken, on and from that commencement, to continue as a notice to those accredited producers in relation to the same matter under regulation 9(3) of these regulations, and subject to the same terms and conditions (if any), as applied under the notice immediately before that commencement.\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.\nLegislation revoked by principal regulations\nThe Primary Produce (Food Safety Schemes) (Seafood) Regulations 2017 revoked the following:\nPrimary Produce (Food Safety Schemes) (Seafood) Regulations 2006\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n279\nGazette 19.9.2017 p4132 \n19.1.2018: r 2\n2018\n99\nGazette 21.6.2018 p2250\n1.7.2018: r 2\n2018\n169\nGazette 21.6.2018 p2472\n1.7.2018—immediately after 99/2018: r 2\n2019\n124\nGazette 13.6.2019 p2004\n1.7.2019: r 2\n2020\n186\nGazette 4.6.2020 p3053\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\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2018\nr 10\n\n\nr 10(1)\nvaried by 186/2020 r 4(1)\n1.7.2020\nr 10(3)\nvaried by 186/2020 r 4(2)\n1.7.2020\nr 10(4)—(6)\ninserted by 186/2020 r 4(3)\n1.7.2020\nr 12\ndeleted by 186/2020 r 5\n1.7.2020\nSch 1\nsubstituted by 99/2018 r 4\n1.7.2018\n\nvaried by 169/2018 r 4\n1.7.2018\n\nsubstituted by 124/2019 r 4\n1.7.2019\n\ndeleted by 186/2020 r 6\n1.7.2020\nSch 2\n\n\nPt 1\nomitted under Legislation Revision and Publication Act 2002\n1.7.2018\nHistorical versions\n1.7.2018\n\n1.7.2019\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations continue and formalise a seafood food‑safety scheme covering primary production of seafood for human consumption, with particular operational focus on bivalve mollusc producers (establishing accreditation, approved food‑safety arrangements and area controls: regs 4, 6–9). They replace the 2006 regulations but preserve existing approved arrangements and notices under transitional provisions (Sch 2), so the core scope and target population remain materially the same while updating administrative and fee mechanics."},"complexity_factors":["Cross‑references to external instruments: Division 2 and Division 3 of Standard 4.2.1 of the Food Standards Code (reg 5, reg 8(2)(a))","Multiple statutory relationships with other Acts and licences (Aquaculture Act 2001 and Fisheries Management Act 2007 definitions in reg 3)","Ministerial discretion across accreditation, area classification, authorisations, fee waivers and closures (regs 4(2), 7, 9(3)–(4), 10(4))","Operational rules with several conditional exceptions and exemptions (accreditation exemptions for spat and certain scallops, reg 6(2); exemption from approved arrangement where transfer to another accredited farmer, reg 8(3))","Detailed operational controls that create ongoing compliance burdens (relaying authorisations, wet storage authorisations, sampling and labelling requirements in reg 9)","Fee calculation mechanics and timing rules including pro‑rata pre‑accreditation fee (regs 10–11)","Transitional continuity of previous approvals and notices (Sch 2, regs 3–4) which requires tracking legacy authorisations"],"plain_english_summary":"These regulations establish a seafood food‑safety scheme under the Primary Produce (Food Safety Schemes) Act: the Minister is the accreditation body, licensees must meet Division 2 of Standard 4.2.1 of the Food Standards Code, and bivalve‑mollusc producers must be accredited, hold an approved food‑safety arrangement, and comply with controls on harvesting, relaying, wet storage, testing, labelling and sampling. Producers pay annual fees; the Minister grants accreditations, classifies approved/restricted areas and may authorise relaying or wet storage. Compliance therefore creates monitoring, recordkeeping and testing costs and leaves key operational discretion with the Minister (regs 4,5,6–11; Sch 2)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose. It replaces the 2006 regulations with the same essential structure: establishing a food safety scheme for seafood with enhanced controls for bivalve molluscs. The 2017 version streamlines by removing Schedule 1 (fees) and moving to a fee notice system, and adds minor administrative flexibilities (fee waivers, debt recovery), but the core scope remains unchanged."},"complexity_factors":["Moderate cross-referencing: Incorporates by reference Standard 4.2.1 of the Food Standards Code (a national instrument) and two other South Australian Acts (Aquaculture Act 2001 and Fisheries Management Act 2007)","Conditional exemptions: Multiple nested exceptions in regulations 6(2), 8(3), and 9(2) creating if/then logic paths","Defined terms: 11 defined terms in the interpretation section, some referencing external legislation","Administrative discretion: Minister has broad powers to classify areas, open/close harvesting zones, grant authorisations, and waive fees","Transitional provisions: Schedule 2 preserves approvals and notices from the revoked 2006 regulations","Proportional fee calculation: Regulation 11 requires a mathematical calculation based on months remaining in the fee year"],"plain_english_summary":"This is South Australian law that sets food safety rules for people who farm or catch seafood commercially. It creates a 'food safety scheme' that applies to anyone with an aquaculture or fishing licence.\n\n**What it does:**\n- **For all seafood producers:** Requires compliance with the national Food Standards Code (Standard 4.2.1), which covers basic hygiene and handling requirements.\n\n- **For bivalve mollusc producers (oysters, mussels, clams, scallops, cockles, pipis):** Imposes extra strict rules because these shellfish can easily cause food poisoning if harvested from polluted water. These producers must:\n  - Get **accreditation** (official approval) from the Minister\n  - Have an **approved food safety arrangement** (a written plan showing how they'll keep food safe)\n  - Only harvest from **approved areas** that are officially 'open' for their species\n  - Follow special rules for moving shellfish between areas, storing them in tanks (wet storage), and keeping records so products can be traced\n  - Label containers with harvest date, location, and licence numbers\n\n**Key exemptions:**\n- People only farming baby shellfish ('spat' — under 10mm) don't need accreditation\n- Scallop fishers who only sell the muscle (not the whole animal) are exempt from some rules\n- Some farmers who move their shellfish to another licensed farm before harvest don't need their own food safety plan\n\n**Fees:** Producers must pay annual fees and submit returns, with penalties for late payment.\n\n**Why it matters:** Bivalve molluscs filter water and can concentrate harmful bacteria, viruses, or toxins. These rules prevent foodborne illness outbreaks by controlling where shellfish come from, how they're handled, and ensuring contaminated products can be traced and recalled."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The document provided contained only website error and navigation content from the South Australian legislation website, not the actual regulations."},"complexity_factors":["Actual legislative text was unavailable — a '404 Page Not Found' error was returned instead of the regulation content","Complexity cannot be accurately assessed without the full text","Score of 3 is a conservative estimate based on the regulation type — food safety scheme regulations of this nature typically involve moderate technical detail around licensing, compliance standards and enforcement mechanisms","Seafood industry regulations often interact with multiple overlapping frameworks (state food safety law, Commonwealth food standards, fisheries licensing) which can add complexity"],"plain_english_summary":"This regulation would set food‑safety rules for South Australia’s seafood sector — likely prescribing handling, storage, transport and sale standards, and licensing or accreditation requirements — under the Primary Produce (Food Safety Schemes) Act 2004. \n\nIt affects commercial fishers, aquaculture operators, processors, packers, wholesalers and retailers (and indirectly consumers). The regulation text wasn’t available from the cited source, so this is a general outline rather than a definitive legal summary."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/primary-produce-food-safety-schemes-seafood-regulations-2017","history":"/api/acts/primary-produce-food-safety-schemes-seafood-regulations-2017/history","analysis":"/api/acts/primary-produce-food-safety-schemes-seafood-regulations-2017/analysis","conflicts":"/api/acts/primary-produce-food-safety-schemes-seafood-regulations-2017/conflicts","importantCases":"/api/acts/primary-produce-food-safety-schemes-seafood-regulations-2017/important-cases","documents":"/api/acts/primary-produce-food-safety-schemes-seafood-regulations-2017/documents"}}