{"id":"south-australian-public-health-notifiable-contaminants-regulations-2020","name":"South Australian Public Health (Notifiable Contaminants) Regulations 2020","slug":"south-australian-public-health-notifiable-contaminants-regulations-2020","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237339,"registerId":"sa-south-australian-public-health-notifiable-contaminants-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Australian Public Health (Notifiable Contaminants) Regulations 2020","content":"South Australia\nSouth Australian Public Health (Notifiable Contaminants) Regulations 2020\nunder the South Australian Public Health Act 2011\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tContaminants\n5\tDeclaration and notification of notifiable contaminants—pathogens\n6\tDeclaration and notification of notifiable contaminants—microorganisms (unacceptable microbiological level)\n7\tDeclaration and notification of notifiable contaminants—microorganisms (unsatisfactory or potentially hazardous level)\n8\tCircumstances in which notification is required\n9\tPrescribed body—standards or other documents prepared or published\nLegislative history\n\n1—Short title\nThese regulations may be cited as the South Australian Public Health (Notifiable Contaminants) Regulations 2020.\n2—Commencement\nThese regulations come into operation 4 months after the day on which they are made (see Subordinate Legislation Act 1978 section 10AA).\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the South Australian Public Health Act 2011;\nCompendium means the Compendium of Microbiological Criteria for Food, as in force from time to time, being a document published by Food Standards Australia New Zealand;\nready‑to‑eat food has the same meaning as in the Australia New Zealand Food Standards Code – Standard 3.2.2 – Food safety practices and general requirements (Australia only), as in force from time to time, being a standard under the Food Standards Australia New Zealand Act 1991 of the Commonwealth;\nSchedule 27 of the Code means the Australia New Zealand Food Standards Code – Schedule 27 – Microbiological limits in food, as in force from time to time, being a standard under the Food Standards Australia New Zealand Act 1991 of the Commonwealth;\nStandard 1.6.1 means the Australia New Zealand Food Standards Code – Standard 1.6.1 – Microbiological limits in food, as in force from time to time, being a standard under the Food Standards Australia New Zealand Act 1991 of the Commonwealth;\nunacceptable microbiological level—the unacceptable microbiological level of a notifiable contaminant in food is the level determined in accordance with Standard 1.6.1;\nunsatisfactory or potentially hazardous level—the unsatisfactory or potentially hazardous level of a notifiable contaminant in ready‑to‑eat food is the level determined in accordance with Table 1 of the Compendium.\n4—Contaminants\nFor the purposes of the definition of contaminant in section 3(1) of the Act, the following are prescribed:\n\t(a)\ta pathogen listed in regulation 5(1);\n\t(b)\ta toxin produced by a pathogen listed in regulation 5(1);\n\t(c)\ta microorganism referred to in regulation 6(1);\n\t(d)\ta microorganism listed in regulation 7(1).\n5—Declaration and notification of notifiable contaminants—pathogens\n\t(1)\tFor the purposes of section 67(1) of the Act, the following pathogens are declared to be notifiable contaminants:\nCampylobacter (any species)\nClostridium botulinum\nCryptosporidium (any species)\nCyclospora (any species)\nGiardia\nHepatitis A\nHepatitis E\nListeria (any species)\nSalmonella (any species)\nShiga toxin or vero toxin producing Escherichia coli\nShigella (any species)\nYersinia (any species).\n\t(2)\tFor the purposes of section 67(1) of the Act, a toxin produced by a contaminant declared under subregulation (1) to be a notifiable contaminant is declared to be a notifiable contaminant.\n\t(3)\tFor the purposes of section 68(1) of the Act, if a contaminant declared under subregulation (1) or (2) to be a notifiable contaminant is detected or isolated in food, the responsible person must report the detection or isolation.\n\t(4)\tDespite subregulation (3), a responsible person is not required to report the preliminary or presumptive detection or isolation of any such contaminant in food, except where the Chief Public Health Officer requires otherwise.\n6—Declaration and notification of notifiable contaminants—microorganisms (unacceptable microbiological level)\n\t(1)\tFor the purposes of section 67(1) of the Act, the microorganisms referred to in section S27—4 of Schedule 27 of the Code are declared to be notifiable contaminants.\n\t(2)\tFor the purposes of section 68(1) of the Act, if a contaminant declared under subregulation (1) to be a notifiable contaminant is detected or isolated in food referred to in section S27—4 of Schedule 27 of the Code at a level greater than the unacceptable microbiological level, the responsible person must report the detection or isolation.\n\t(3)\tTesting of food for the purposes of subregulation (2) must be carried out in accordance with Standard 1.6.1.\n7—Declaration and notification of notifiable contaminants—microorganisms (unsatisfactory or potentially hazardous level)\n\t(1)\tFor the purposes of section 67(1) of the Act, the following microorganisms are declared to be notifiable contaminants:\nBacillus cereus\nClostridium perfringens\nStaphylococcus aureus and other coagulase‑positive staphylococci\nVibrio parahaemolyticus.\n\t(2)\tFor the purposes of section 68(1) of the Act, if a contaminant declared under subregulation (1) to be a notifiable contaminant is detected or isolated in ready‑to‑eat food at a level that is equal to or greater than the unsatisfactory or potentially hazardous level, the responsible person must report the detection or isolation.\n8—Circumstances in which notification is required\n\t(1)\tFor the purposes of section 68(4) of the Act, circumstances in which the person is aware, or suspects, that a responsible person has not reported the detection or isolation of a notifiable contaminant to the Chief Public Health Officer are prescribed.\n\t(2)\tFor the purposes of section 68(4)(a) of the Act, the following circumstances are prescribed:\n\t(a)\twhere a test has detected or isolated a contaminant declared under regulation 5(1) or (2) to be a notifiable contaminant in food;\n\t(b)\twhere a test has detected or isolated a contaminant declared under regulation 6(1) to be a notifiable contaminant in food referred to in section S27—4 of Schedule 27 of the Code at a level greater than the unacceptable microbiological level;\n\t(c)\twhere a test has detected or isolated a contaminant declared under regulation 7(1) to be a notifiable contaminant in ready‑to‑eat food at a level that is equal to or greater than the unsatisfactory or potentially hazardous level.\n\t(3)\tSubregulation (2)(a) does not apply to the preliminary or presumptive detection or isolation of any such contaminant in food, except where the Chief Public Health Officer requires otherwise.\n\t(4)\tTesting of food for the purposes of subregulation (2)(b) must be carried out in accordance with Standard 1.6.1.\n9—Prescribed body—standards or other documents prepared or published\nFor the purposes of section 109(5)(a) of the Act, Food Standards Australia New Zealand is a prescribed body.\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\n2020\n25\nGazette 19.3.2020 p550 \n19.7.2020: r 2\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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears focused and contained. It implements a specific notification scheme for food contaminants under the parent Act's framework. The scope aligns with the original intent of creating a public health surveillance system for food safety, without significant mission creep."},"complexity_factors":["Multiple layers of external document incorporation by reference (Food Standards Australia New Zealand Act documents, Compendium of Microbiological Criteria for Food, Australia New Zealand Food Standards Code — Schedule 27 and Standard 3.2.2 and Standard 1.6.1)","Three distinct regulatory pathways for notification with different trigger thresholds ('detected or isolated' vs 'greater than unacceptable microbiological level' vs 'equal to or greater than unsatisfactory or potentially hazardous level')","Conditional logic distinguishing between preliminary/presumptive detection and confirmed detection","Cross-referencing between the Act (South Australian Public Health Act 2011) and these regulations, including specific section references (sections 67, 68, 109)","Use of technical scientific terminology requiring external knowledge (pathogens, toxins, coagulase-positive staphylococci, etc.)","Temporal ambiguity through 'as in force from time to time' clauses for incorporated documents"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create a system for reporting dangerous contaminants in food in South Australia. They require certain people (\"responsible persons\" — typically food businesses or laboratories) to notify the Chief Public Health Officer when specific harmful bacteria, viruses, or toxins are found in food.\n\n**Who it affects:**\n\n- **Food businesses and laboratories** that test food for safety\n- **The Chief Public Health Officer** (South Australia's top public health official)\n- **Consumers** indirectly — the system helps prevent food poisoning outbreaks by catching problems early\n\n**How it works:**\n\nThe regulations divide notifiable contaminants into three categories:\n\n1. **Specific dangerous pathogens** (regulation 5): A fixed list of 11 nasty bugs including Salmonella, Listeria, E. coli that produces dangerous toxins, Hepatitis A and E, and others. If any of these are found in food, it must be reported. Toxins produced by these pathogens must also be reported.\n\n2. **Microorganisms exceeding \"unacceptable\" levels** (regulation 6): These are defined by reference to Schedule 27 of the national Food Standards Code. If testing shows levels above the national standard, it must be reported.\n\n3. **Specific microorganisms at \"unsatisfactory or potentially hazardous\" levels** (regulation 7): Four specific bugs (Bacillus cereus, Clostridium perfringens, Staphylococcus aureus, and Vibrio parahaemolyticus) must be reported if found in \"ready-to-eat food\" at concerning levels. \"Ready-to-eat food\" means food that is normally consumed in the same state as that in which it is sold — basically, food you don't cook further before eating.\n\n**Key exceptions:**\n\n- **Preliminary or presumptive tests** don't need to be reported unless the Chief Public Health Officer specifically asks (regulations 5(4) and 8(3)). This avoids flooding the system with unconfirmed results.\n\n**Why it matters:**\n\nThis creates an early warning system for foodborne illness. By requiring labs and businesses to flag dangerous contamination immediately, health authorities can investigate outbreaks faster, recall contaminated products, and prevent people from getting sick. It links South Australian law to national food standards, ensuring consistency across Australia."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations do not expand the statutory scope of the Public Health Act. Instead they exercise delegated power to specify which pathogens and microorganisms qualify as 'contaminants' for notification purposes, to set threshold levels that trigger reporting, to require testing in accordance with specified standards, and to nominate FSANZ as the prescribed body (regs 4–9; cf. ss 3(1), 67–68, 109(5)(a) of the Act). They add regulatory detail and operational requirements but do not alter the Act's fundamental reach."},"complexity_factors":["Extensive cross‑references to external Commonwealth instruments (Australia New Zealand Food Standards Code: Standard 1.6.1 and Schedule 27; Compendium) (regs 3, 6(3), 7(2), 8(4))","Multiple notification triggers (presence of listed pathogens; levels above 'unacceptable' or 'unsatisfactory or potentially hazardous' thresholds) requiring interpretation of quantitative limits (regs 5–7)","Reporting duty placed on 'responsible person' under the Act but defined elsewhere, creating dependency on the parent Act for scope and persons liable (regs 5(3), 6(2), 7(2))","Exception for preliminary/presumptive results and a discretionary override granted to the Chief Public Health Officer (reg 5(4); reg 8(3))","Designation of a prescribed body (Food Standards Australia New Zealand) for purposes of standards publication, tying regulatory content to an external agency (reg 9)","Legal and operational interaction between laboratory testing standards and practical reporting obligations (testing method compliance required under Standard 1.6.1) (regs 6(3), 8(4))"],"plain_english_summary":"These regulations identify specific pathogens and microorganisms and set when a food business, laboratory or other \"responsible person\" must notify the Chief Public Health Officer about their detection in food (regs 4–8). They fix which organisms are notifiable, the concentration thresholds that trigger reporting, and require testing to follow the Australia New Zealand Food Standards Code and the FSANZ Compendium; testing and reporting costs and compliance fall on the responsible person, while the Chief Public Health Officer retains limited discretion (reg 5(4))."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. No comparison between original intent and enacted provisions is possible from the available content."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Unable to assess actual regulatory complexity, cross-references, definitions, schedules, or enforcement mechanisms","Score of 1 reflects absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"These South Australian regulations set rules under the public health framework requiring certain contaminants (chemical, biological or similar hazards) to be reported to health authorities. They primarily affect businesses, laboratories, healthcare providers and local councils that must notify contamination events, and matter to the public when contaminants enter water, food or the environment so authorities can respond to protect health."}},"importantCases":[],"_links":{"self":"/api/acts/south-australian-public-health-notifiable-contaminants-regulations-2020","history":"/api/acts/south-australian-public-health-notifiable-contaminants-regulations-2020/history","analysis":"/api/acts/south-australian-public-health-notifiable-contaminants-regulations-2020/analysis","conflicts":"/api/acts/south-australian-public-health-notifiable-contaminants-regulations-2020/conflicts","importantCases":"/api/acts/south-australian-public-health-notifiable-contaminants-regulations-2020/important-cases","documents":"/api/acts/south-australian-public-health-notifiable-contaminants-regulations-2020/documents"}}