ch.2-pt.1
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Queensland regulation
What this regulation does, simply put
Who it affects
How it works — the mechanics you need to know
Programs vs management statements: An applicant must prepare either a program (more detailed, often HACCP-style) or a management statement; Safe Food will only grant or renew accreditation if satisfied the document identifies hazards and explains monitoring and controls (sec.11, sec.12).
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Direct links to the current provisions in Food Production (Safety) Regulation 2014.
If a compulsory standard applies to a food safety requirement for a food safety scheme, a program or management statement under the scheme must comply with the compulsory standard. A program or management statement under the scheme complies with the standard only if the statement adopts and follows at least one of the ways of preventing or managing exposure to a risk stated in the standard. (sec.4-ssec.1) If a compulsory standard applies to a food safety requirement for a food safety scheme, a program or management statement under the scheme must comply with the compulsory standard. (sec.4-ssec.2) A program or management statement under the scheme complies with the standard only if the statement adopts and follows at least one of the ways of preventing or managing exposure to a risk stated in the standard.
If an advisory standard applies to a food safety requirement for a food safety scheme, a program or management statement under the scheme must comply with the advisory standard. A program or management statement under the scheme complies with the standard only if the statement adopts and follows— at least one of the ways of preventing or managing exposure to a risk stated in the standard; or another way that gives the same or a higher level of protection against the risk. (sec.5-ssec.1) If an advisory standard applies to a food safety requirement for a food safety scheme, a program or management statement under the scheme must comply with the advisory standard. (sec.5-ssec.2) A program or management statement under the scheme complies with the standard only if the statement adopts and follows— at least one of the ways of preventing or managing exposure to a risk stated in the standard; or another way that gives the same or a higher level of protection against the risk.
This regulation applies instead of a compulsory standard or an advisory standard to the extent of any inconsistency.
Safe Food must keep a register (the accreditations register ) of accreditation holders. The accreditations register must contain, for each accreditation holder— the holder’s accreditation number; and if the holder is an egg producer or an egg processor—the holder’s egg production identification; and the contact details for the holder’s business, including the business name, address and phone number of the business; and the name and business address of the proprietor of the holder’s business; and details of the predominant activities of the holder’s business; and the location of all premises approved under the accreditation for use for the production of primary produce. The accreditations register may contain other information about an accreditation holder that Safe Food considers necessary or desirable for the effective administration of the Act . The accreditations register may also contain information about a former accreditation holder, including whether the former accreditation holder’s accreditation was cancelled or not renewed. However, the information for a former accreditation holder must be removed from the accreditations register within 1 year after the former accreditation holder’s accreditation was cancelled or not renewed. In this section— former accreditation holder means a person who was an accreditation holder under a food safety scheme but is no longer accredited under the scheme because the person’s accreditation was cancelled or not renewed. (sec.7-ssec.1) Safe Food must keep a register (the accreditations register ) of accreditation holders. (sec.7-ssec.2) The accreditations register must contain, for each accreditation holder— the holder’s accreditation number; and if the holder is an egg producer or an egg processor—the holder’s egg production identification; and the contact details for the holder’s business, including the business name, address and phone number of the business; and the name and business address of the proprietor of the holder’s business; and details of the predominant activities of the holder’s business; and the location of all premises approved under the accreditation for use for the production of primary produce. (sec.7-ssec.3) The accreditations register may contain other information about an accreditation holder that Safe Food considers necessary or desirable for the effective administration of the Act . (sec.7-ssec.4) The accreditations register may also contain information about a former accreditation holder, including whether the former accreditation holder’s accreditation was cancelled or not renewed. (sec.7-ssec.5) However, the information for a former accreditation holder must be removed from the accreditations register within 1 year after the former accreditation holder’s accreditation was cancelled or not renewed. (sec.7-ssec.6) In this section— former accreditation holder means a person who was an accreditation holder under a food safety scheme but is no longer accredited under the scheme because the person’s accreditation was cancelled or not renewed.
This section applies to an accreditation holder if a change happens in the holder’s business that is likely to result in information in the accreditations register being incomplete or inaccurate. The holder must, within 14 days after the change in the holder’s business happens, give Safe Food written notice of the change, unless the holder has a reasonable excuse. Maximum penalty—20 penalty units. (sec.8-ssec.1) This section applies to an accreditation holder if a change happens in the holder’s business that is likely to result in information in the accreditations register being incomplete or inaccurate. (sec.8-ssec.2) The holder must, within 14 days after the change in the holder’s business happens, give Safe Food written notice of the change, unless the holder has a reasonable excuse. Maximum penalty—20 penalty units.
Safe Food must keep the accreditations register, or a copy of the accreditations register, available for inspection, free of charge, by members of the public at Safe Food’s head office. At the commencement of this section, Safe Food’s head office was at 12 Helen Street, Newstead, Brisbane. Safe Food may publish a copy of the accreditations register on Safe Food’s website. At the commencement of this section, Safe Food’s website was www.safefood.qld.gov.au. (sec.9-ssec.1) Safe Food must keep the accreditations register, or a copy of the accreditations register, available for inspection, free of charge, by members of the public at Safe Food’s head office. At the commencement of this section, Safe Food’s head office was at 12 Helen Street, Newstead, Brisbane. (sec.9-ssec.2) Safe Food may publish a copy of the accreditations register on Safe Food’s website. At the commencement of this section, Safe Food’s website was www.safefood.qld.gov.au.
A certificate purporting to be signed by Safe Food’s chief executive officer about the contents of the accreditations register is evidence of the matters stated in the certificate.
This section applies to an applicant for a grant or renewal of an accreditation under a food safety scheme. The applicant must prepare a program or a management statement, as required under the scheme, for each aspect of the activities carried out, or proposed to be carried out, by the applicant in connection with the production of primary produce for which— the scheme applies; and the applicant is applying for accreditation. For the requirement for a program or management statement— for the dairy scheme—see section 64 for the egg scheme—see section 97 for the horticulture scheme—see section 113 for the meat scheme—see section 119 for the seafood scheme—see section 187 . Without limiting subsection (2) , a program must state, in addition to the requirements in section 41 (2) of the Act , how the applicant will comply with each food safety requirement applying to the applicant’s activities for the scheme. See also section 204 for the program of an applicant engaging in the production of bivalve molluscs under the seafood scheme. (sec.11-ssec.1) This section applies to an applicant for a grant or renewal of an accreditation under a food safety scheme. (sec.11-ssec.2) The applicant must prepare a program or a management statement, as required under the scheme, for each aspect of the activities carried out, or proposed to be carried out, by the applicant in connection with the production of primary produce for which— the scheme applies; and the applicant is applying for accreditation. For the requirement for a program or management statement— for the dairy scheme—see section 64 for the egg scheme—see section 97 for the horticulture scheme—see section 113 for the meat scheme—see section 119 for the seafood scheme—see section 187 . (sec.11-ssec.3) Without limiting subsection (2) , a program must state, in addition to the requirements in section 41 (2) of the Act , how the applicant will comply with each food safety requirement applying to the applicant’s activities for the scheme. See also section 204 for the program of an applicant engaging in the production of bivalve molluscs under the seafood scheme.
This section applies to an applicant for a grant or renewal of an accreditation if the applicant prepares or maintains a management statement for the accreditation. Safe Food may grant or renew the accreditation only if satisfied the management statement— identifies significant food safety hazards associated with the production of primary produce carried out by the person; and states how the hazards are to be monitored and controlled; and states how the person will comply with each food safety requirement applying to the person’s activities under the scheme. If Safe Food grants the accreditation, the applicant’s management statement becomes the approved management statement for the accreditation. (sec.12-ssec.1) This section applies to an applicant for a grant or renewal of an accreditation if the applicant prepares or maintains a management statement for the accreditation. (sec.12-ssec.2) Safe Food may grant or renew the accreditation only if satisfied the management statement— identifies significant food safety hazards associated with the production of primary produce carried out by the person; and states how the hazards are to be monitored and controlled; and states how the person will comply with each food safety requirement applying to the person’s activities under the scheme. (sec.12-ssec.3) If Safe Food grants the accreditation, the applicant’s management statement becomes the approved management statement for the accreditation.
An accreditation holder must maintain the holder’s approved program or approved management statement. The holder must comply with the program or management statement. Maximum penalty—50 penalty units. The holder must keep a copy of the management statement at each place to which the statement relates. Maximum penalty for subsection (3) —20 penalty units. (sec.13-ssec.1) An accreditation holder must maintain the holder’s approved program or approved management statement. (sec.13-ssec.2) The holder must comply with the program or management statement. Maximum penalty—50 penalty units. (sec.13-ssec.3) The holder must keep a copy of the management statement at each place to which the statement relates. Maximum penalty for subsection (3) —20 penalty units.
This division prescribes, for section 41 (2) (f) of the Act , other information to be contained in an applicant’s or accreditation holder’s program.
This section applies to significant food safety hazards associated with the production of primary produce that are identified in the program. The program must, for each hazard— give details of an assessment (a risk assessment ) of the risks associated with the hazard, including— each method considered to control the risks associated with the hazard to achieve an acceptable level of risk; and the control measures; and identify each critical control point. (sec.15-ssec.1) This section applies to significant food safety hazards associated with the production of primary produce that are identified in the program. (sec.15-ssec.2) The program must, for each hazard— give details of an assessment (a risk assessment ) of the risks associated with the hazard, including— each method considered to control the risks associated with the hazard to achieve an acceptable level of risk; and the control measures; and identify each critical control point.
The program must contain systems to— monitor and evaluate the holder’s operational performance; and verify the performance complies with the program. Each system must— be adequately documented in the program; and function as documented; and be appropriate for the system’s objectives; and provide for controls to minimise the risks associated with the holder’s operations. In this section— systems include the methods, procedures, tests, monitoring and other evaluations the holder will use for checking the holder’s performance against the program. (sec.16-ssec.1) The program must contain systems to— monitor and evaluate the holder’s operational performance; and verify the performance complies with the program. (sec.16-ssec.2) Each system must— be adequately documented in the program; and function as documented; and be appropriate for the system’s objectives; and provide for controls to minimise the risks associated with the holder’s operations. (sec.16-ssec.3) In this section— systems include the methods, procedures, tests, monitoring and other evaluations the holder will use for checking the holder’s performance against the program.
The program must state— details of corrective action to be taken by the holder if the holder’s performance does not comply with the program; and the measures to be taken by the holder to assess whether the corrective action has been effective.
This section applies to— the treatment of primary produce to destroy, reduce or control food safety hazards; and other processing of primary produce if time limits and temperature controls are part of the processing. heat treatment canning The program must provide validation of a control measure at— each critical control point; and any other appropriate interval or stage of a treatment or other process. For a heating or cooking process, the program must show that the control measures implemented can ensure pathogens in primary produce are at a level that do not make the product unacceptable. However, the program is not required to provide validation of a control measure if— the control measure is contained in a compulsory standard; or the holder’s program is adopting or following a way stated in an advisory standard for the control measure. (sec.18-ssec.1) This section applies to— the treatment of primary produce to destroy, reduce or control food safety hazards; and other processing of primary produce if time limits and temperature controls are part of the processing. heat treatment canning (sec.18-ssec.2) The program must provide validation of a control measure at— each critical control point; and any other appropriate interval or stage of a treatment or other process. For a heating or cooking process, the program must show that the control measures implemented can ensure pathogens in primary produce are at a level that do not make the product unacceptable. (sec.18-ssec.3) However, the program is not required to provide validation of a control measure if— the control measure is contained in a compulsory standard; or the holder’s program is adopting or following a way stated in an advisory standard for the control measure.
An accreditation holder under a food safety scheme must, unless the holder has a reasonable excuse, keep records for the holder’s business that comply with— subsections (2) to (5) ; and the following— for the dairy scheme— sections 68 to 70 and 77 ; for the egg scheme— sections 108 and 109 ; for the meat scheme— sections 125 , 160 , 161 and 163 ; for the seafood scheme— section 201 . Maximum penalty—20 penalty units. The records must demonstrate the holder has complied with the scheme and the holder’s program or management statement. There must be enough records to allow Safe Food to— monitor the holder’s compliance with the scheme and the holder’s program or management statement; and trace from the records the stages that apply to the holder’s program or management statement. supplying an animal to a dairy for milking supplying milk to a factory for processing supplying processed dairy produce to a wholesaler supplying an animal for killing supplying meat or ready-to-eat meat for processing The records must be kept in a way that— correctly records and explains the holder’s activities and transactions; and enables the records to be properly and conveniently audited under part 6 . Records relating to primary produce must be kept for whichever of the following happens last— the end of the use-by date on the produce; the completion of the compliance audit after the produce is processed; 6 months after the record is made. In this section— records include— a record made by the holder for the business; and a record in the holder’s possession. a document recording the results of a pest inspection (sec.19-ssec.1) An accreditation holder under a food safety scheme must, unless the holder has a reasonable excuse, keep records for the holder’s business that comply with— subsections (2) to (5) ; and the following— for the dairy scheme— sections 68 to 70 and 77 ; for the egg scheme— sections 108 and 109 ; for the meat scheme— sections 125 , 160 , 161 and 163 ; for the seafood scheme— section 201 . Maximum penalty—20 penalty units. (sec.19-ssec.2) The records must demonstrate the holder has complied with the scheme and the holder’s program or management statement. (sec.19-ssec.3) There must be enough records to allow Safe Food to— monitor the holder’s compliance with the scheme and the holder’s program or management statement; and trace from the records the stages that apply to the holder’s program or management statement. supplying an animal to a dairy for milking supplying milk to a factory for processing supplying processed dairy produce to a wholesaler supplying an animal for killing supplying meat or ready-to-eat meat for processing (sec.19-ssec.4) The records must be kept in a way that— correctly records and explains the holder’s activities and transactions; and enables the records to be properly and conveniently audited under part 6 . (sec.19-ssec.5) Records relating to primary produce must be kept for whichever of the following happens last— the end of the use-by date on the produce; the completion of the compliance audit after the produce is processed; 6 months after the record is made. (sec.19-ssec.6) In this section— records include— a record made by the holder for the business; and a record in the holder’s possession. a document recording the results of a pest inspection
Safe Food may, by complying with this subdivision, amend an accreditation holder’s approved program or approved management statement if Safe Food considers the amendment is reasonably necessary or desirable to ensure the program or management statement complies with the relevant food safety scheme. See section 51 of the Act .
Safe Food must give the holder a written notice requiring the holder to amend the holder’s approved program or approved management statement. The notice must state the following— the proposed amendment; the grounds for the proposed amendment; the facts and circumstances forming the basis for the grounds; the period (the amendment period ) within which the amendment must be made; that representations may be made about the notice; how the representations may be made; where the representations may be made or sent; a period (the show cause period ) for making the representations or a period within which the representations must be made. The show cause period for making representations must end at least 14 days after the notice is given. The amendment period must end at least 28 days after the notice is given. (sec.21-ssec.1) Safe Food must give the holder a written notice requiring the holder to amend the holder’s approved program or approved management statement. (sec.21-ssec.2) The notice must state the following— the proposed amendment; the grounds for the proposed amendment; the facts and circumstances forming the basis for the grounds; the period (the amendment period ) within which the amendment must be made; that representations may be made about the notice; how the representations may be made; where the representations may be made or sent; a period (the show cause period ) for making the representations or a period within which the representations must be made. (sec.21-ssec.3) The show cause period for making representations must end at least 14 days after the notice is given. (sec.21-ssec.4) The amendment period must end at least 28 days after the notice is given.
If the holder makes representations within the show cause period, Safe Food must— consider the representations; and decide if the proposed amendment should be made; and give the holder written notice of the decision and the reasons for the decision. If Safe Food decides the amendment must be made, the notice must state the period within which the amendment must be made. The stated period must end at least 14 days after the notice is given. (sec.22-ssec.1) If the holder makes representations within the show cause period, Safe Food must— consider the representations; and decide if the proposed amendment should be made; and give the holder written notice of the decision and the reasons for the decision. (sec.22-ssec.2) If Safe Food decides the amendment must be made, the notice must state the period within which the amendment must be made. (sec.22-ssec.3) The stated period must end at least 14 days after the notice is given.
The holder must comply with— if the holder does not make any representations to Safe Food within the show cause period—the notice given under section 21 ; or if the holder makes representations to Safe Food and Safe Food notifies the holder that the amendment must be made—the notice given under section 22 (1) (c) . Maximum penalty—20 penalty units. The holder’s program or management statement, as amended, becomes the approved program or approved management statement for the accreditation. (sec.23-ssec.1) The holder must comply with— if the holder does not make any representations to Safe Food within the show cause period—the notice given under section 21 ; or if the holder makes representations to Safe Food and Safe Food notifies the holder that the amendment must be made—the notice given under section 22 (1) (c) . Maximum penalty—20 penalty units. (sec.23-ssec.2) The holder’s program or management statement, as amended, becomes the approved program or approved management statement for the accreditation.
An accreditation holder may amend the holder’s approved program or approved management statement without notice to Safe Food if the amendment does not amend any of the following matters (a significant food safety matter )— a critical control point in the program; a control measure in the management statement; how often the program or management statement is to be reviewed by the holder. An accreditation holder may amend the holder’s approved program or approved management statement to amend a significant food safety matter only if Safe Food has approved the amendment. A purported amendment made in contravention of subsection (2) is of no effect. See also section 13 (2) for the requirement of a holder to comply with the holder’s program or management statement. (sec.24-ssec.1) An accreditation holder may amend the holder’s approved program or approved management statement without notice to Safe Food if the amendment does not amend any of the following matters (a significant food safety matter )— a critical control point in the program; a control measure in the management statement; how often the program or management statement is to be reviewed by the holder. (sec.24-ssec.2) An accreditation holder may amend the holder’s approved program or approved management statement to amend a significant food safety matter only if Safe Food has approved the amendment. (sec.24-ssec.3) A purported amendment made in contravention of subsection (2) is of no effect. See also section 13 (2) for the requirement of a holder to comply with the holder’s program or management statement.
An accreditation holder may apply in writing to Safe Food for approval to amend a significant food safety matter. The application must state the following— the proposed amendment; the reason for the amendment; the proposed date by which the amendment is to be made. (sec.25-ssec.1) An accreditation holder may apply in writing to Safe Food for approval to amend a significant food safety matter. (sec.25-ssec.2) The application must state the following— the proposed amendment; the reason for the amendment; the proposed date by which the amendment is to be made.
If Safe Food approves the amendment— Safe Food must give the holder written notice of the approval within 28 days after Safe Food receives the application; and the holder’s program or management statement, as amended, becomes the approved program or approved management statement for the accreditation. If Safe Food does not approve the amendment, Safe Food must, within 28 days after Safe Food receives the application, give the holder written notice of the decision and the reasons for the decision. (sec.26-ssec.1) If Safe Food approves the amendment— Safe Food must give the holder written notice of the approval within 28 days after Safe Food receives the application; and the holder’s program or management statement, as amended, becomes the approved program or approved management statement for the accreditation. (sec.26-ssec.2) If Safe Food does not approve the amendment, Safe Food must, within 28 days after Safe Food receives the application, give the holder written notice of the decision and the reasons for the decision.
For section 40 (1) (b) of the Act , a person who has the management and control of a business that engages in an accreditation activity under a food safety scheme is the person who must be accredited under the scheme and comply with the scheme. s 27 amd 2019 SL No. 127 s 22
For section 50 (4) of the Act , the prescribed period for accreditation is 1 year. However, Safe Food may grant or renew an accreditation for less than 1 year. s 28 amd 2019 SL No. 127 s 23 (sec.28-ssec.1) For section 50 (4) of the Act , the prescribed period for accreditation is 1 year. (sec.28-ssec.2) However, Safe Food may grant or renew an accreditation for less than 1 year.
For section 44 (2) (b) (i) of the Act , the fee prescribed is— for a grant of an accreditation—the total of— the application fee mentioned in schedule 1 , part 1 , division 1 that is in force on 1 January in the year in which the accreditation starts; and the accreditation fee in force on 1 January in the year in which the accreditation starts; or for a renewal of an accreditation—the accreditation fee in force on 1 January in the year in which the term of the renewed accreditation starts. However, if Safe Food imposes a condition on the accreditation requiring or permitting the holder to pay the accreditation fee in instalments, Safe Food may waive the accreditation fee that would otherwise apply under subsection (1) (a) (ii) or (b). An application fee paid under this section is not refundable. In this section— accreditation fee , for a grant or renewal of an accreditation, means the fee mentioned in schedule 1 , part 1 , division 2 , column 3 opposite the accreditation activity mentioned in part 1 , division 2 , column 1 of the schedule that is proposed to be, or is being, carried out under the accreditation. s 29 amd 2018 SL No. 98 s 21 ; 2019 SL No. 127 s 24 ; 2020 SL No. 152 s 20 ; 2021 SL No. 85 s 23 ; 2022 SL No. 52 s 22 (sec.29-ssec.1) For section 44 (2) (b) (i) of the Act , the fee prescribed is— for a grant of an accreditation—the total of— the application fee mentioned in schedule 1 , part 1 , division 1 that is in force on 1 January in the year in which the accreditation starts; and the accreditation fee in force on 1 January in the year in which the accreditation starts; or for a renewal of an accreditation—the accreditation fee in force on 1 January in the year in which the term of the renewed accreditation starts. (sec.29-ssec.2) However, if Safe Food imposes a condition on the accreditation requiring or permitting the holder to pay the accreditation fee in instalments, Safe Food may waive the accreditation fee that would otherwise apply under subsection (1) (a) (ii) or (b). (sec.29-ssec.3) An application fee paid under this section is not refundable. (sec.29-ssec.4) In this section— accreditation fee , for a grant or renewal of an accreditation, means the fee mentioned in schedule 1 , part 1 , division 2 , column 3 opposite the accreditation activity mentioned in part 1 , division 2 , column 1 of the schedule that is proposed to be, or is being, carried out under the accreditation.
Despite section 29 , no fee is payable for an application for an accreditation, or a renewal of an accreditation— by a school; or by an egg producer who supplies eggs under a preferred supplier arrangement; or by a poultry producer who supplies poultry under a preferred supplier arrangement; or for an activity mentioned in section 112 (1) . In this section— school means a State school or a non-State school within the meaning of the Education (General Provisions) Act 2006 . (sec.30-ssec.1) Despite section 29 , no fee is payable for an application for an accreditation, or a renewal of an accreditation— by a school; or by an egg producer who supplies eggs under a preferred supplier arrangement; or by a poultry producer who supplies poultry under a preferred supplier arrangement; or for an activity mentioned in section 112 (1) . (sec.30-ssec.2) In this section— school means a State school or a non-State school within the meaning of the Education (General Provisions) Act 2006 .
For section 60 (2) (b) of the Act , the fee prescribed is— for an approval as an auditor—the total of— the application fee mentioned in schedule 1 , part 2 that is in force on 1 January in the year in which the approval starts; and the auditor approval fee mentioned in schedule 1 , part 2 that is in force on 1 January in the year in which the approval starts; or for a renewal of an approval as an auditor—the auditor approval fee mentioned in schedule 1 , part 2 that is in force on 1 January in the year in which the term of the renewed approval starts. An application fee paid under this section is not refundable. s 31 amd 2018 SL No. 98 s 22 ; 2019 SL No. 127 s 25 ; 2020 SL No. 152 s 21 ; 2021 SL No. 85 s 24 sub 2022 SL No. 52 s 23 (sec.31-ssec.1) For section 60 (2) (b) of the Act , the fee prescribed is— for an approval as an auditor—the total of— the application fee mentioned in schedule 1 , part 2 that is in force on 1 January in the year in which the approval starts; and the auditor approval fee mentioned in schedule 1 , part 2 that is in force on 1 January in the year in which the approval starts; or for a renewal of an approval as an auditor—the auditor approval fee mentioned in schedule 1 , part 2 that is in force on 1 January in the year in which the term of the renewed approval starts. (sec.31-ssec.2) An application fee paid under this section is not refundable.
Safe Food may waive the prescribed fee payable for an approval, or renewal of approval, as an auditor if the applicant is— an employee of Safe Food; or a public service employee; or an employee of a local government; or an employee of the Commonwealth or another State.
The renewal fee for an approval as an auditor is payable yearly in advance. The renewal fee for an accreditation is payable yearly in advance unless Safe Food imposes a condition on the accreditation under section 29 (2) . If an applicant for a renewal of an accreditation does not pay the renewal fee, the applicant’s accreditation ends at the end of the period for which Safe Food previously granted or renewed the accreditation. s 33 amd 2018 SL No. 98 s 23 ; 2022 SL No. 52 s 24 (sec.33-ssec.1) The renewal fee for an approval as an auditor is payable yearly in advance. (sec.33-ssec.2) The renewal fee for an accreditation is payable yearly in advance unless Safe Food imposes a condition on the accreditation under section 29 (2) . (sec.33-ssec.3) If an applicant for a renewal of an accreditation does not pay the renewal fee, the applicant’s accreditation ends at the end of the period for which Safe Food previously granted or renewed the accreditation.
In deciding whether an applicant for an approval as an auditor has the necessary expertise or experience to carry out the functions of an auditor, Safe Food must consider each of the following— whether or not the applicant has qualifications in auditing food safety matters related to the production of primary produce; the applicant’s expertise or experience in the activities connected with the aspects of production of scheme produce under a food safety scheme; if a department or recognised accreditation body has approved the applicant as an auditor in the field of food safety—the approval.
The food safety requirements under divisions 2 and 3 are food safety requirements for food safety schemes under this regulation. For other food safety requirements see— for the dairy scheme— chapter 3 , part 3 and part 4 , division 2 ; and for the egg scheme— chapter 4 , part 3 ; and for the horticulture scheme— chapter 5 , part 3 ; and for the meat scheme— chapter 6 , part 3 ; and for the seafood scheme— chapter 7 , part 3 . However— the food safety requirements under divisions 2 and 3 , other than the requirement under section 36 , are not food safety requirements for the seafood scheme; and division 3 does not apply to an accreditation holder who produces milk from an animal at a dairy. For corresponding requirements applying to an accreditation holder who produces milk from an animal at a dairy, see sections 73 , 75 and 87 . (sec.35-ssec.1) The food safety requirements under divisions 2 and 3 are food safety requirements for food safety schemes under this regulation. For other food safety requirements see— for the dairy scheme— chapter 3 , part 3 and part 4 , division 2 ; and for the egg scheme— chapter 4 , part 3 ; and for the horticulture scheme— chapter 5 , part 3 ; and for the meat scheme— chapter 6 , part 3 ; and for the seafood scheme— chapter 7 , part 3 . (sec.35-ssec.2) However— the food safety requirements under divisions 2 and 3 , other than the requirement under section 36 , are not food safety requirements for the seafood scheme; and division 3 does not apply to an accreditation holder who produces milk from an animal at a dairy. For corresponding requirements applying to an accreditation holder who produces milk from an animal at a dairy, see sections 73 , 75 and 87 .
This section applies if an accreditation holder, who produces primary produce, becomes aware, or forms a suspicion, that the primary produce does not comply with a relevant requirement. The holder must immediately notify Safe Food, in a way mentioned in subsection (3) , of the failure, or suspected failure, to comply with the relevant requirement. Maximum penalty—20 penalty units. The notification must be made— by phone, to a phone number used by Safe Food for receiving notifications under subsection (2) ; or in writing, either— using the Safe Food website; or to an email address used by Safe Food for receiving notifications under subsection (2) . At the commencement of this section— the phone number used by Safe Food to receive notifications under subsection (2) was 07 3253 9800; and Safe Food’s website was at www.safefood.qld.gov.au; and the email address used by Safe Food to receive notifications under subsection (2) was notify@safefood.qld.gov.au. In this section— relevant requirement means a requirement applying to the production of the primary produce under— this regulation; or a program or management statement; or a condition imposed on the holder’s accreditation. (sec.36-ssec.1) This section applies if an accreditation holder, who produces primary produce, becomes aware, or forms a suspicion, that the primary produce does not comply with a relevant requirement. (sec.36-ssec.2) The holder must immediately notify Safe Food, in a way mentioned in subsection (3) , of the failure, or suspected failure, to comply with the relevant requirement. Maximum penalty—20 penalty units. (sec.36-ssec.3) The notification must be made— by phone, to a phone number used by Safe Food for receiving notifications under subsection (2) ; or in writing, either— using the Safe Food website; or to an email address used by Safe Food for receiving notifications under subsection (2) . At the commencement of this section— the phone number used by Safe Food to receive notifications under subsection (2) was 07 3253 9800; and Safe Food’s website was at www.safefood.qld.gov.au; and the email address used by Safe Food to receive notifications under subsection (2) was notify@safefood.qld.gov.au. (sec.36-ssec.4) In this section— relevant requirement means a requirement applying to the production of the primary produce under— this regulation; or a program or management statement; or a condition imposed on the holder’s accreditation.
An accreditation holder who processes primary produce must ensure all persons involved in the processing have the appropriate skills and knowledge to ensure the produce is acceptable. Maximum penalty—20 penalty units. The holder complies with subsection (1) only if the holder— makes and implements guidelines for training in the holder’s program or management statement; and takes reasonable measures to ensure the persons involved in the processing comply with the guidelines. (sec.37-ssec.1) An accreditation holder who processes primary produce must ensure all persons involved in the processing have the appropriate skills and knowledge to ensure the produce is acceptable. Maximum penalty—20 penalty units. (sec.37-ssec.2) The holder complies with subsection (1) only if the holder— makes and implements guidelines for training in the holder’s program or management statement; and takes reasonable measures to ensure the persons involved in the processing comply with the guidelines.
An accreditation holder who uses a vehicle to transport primary produce must comply with subsections (2) to (4) for the transportation of the produce. Maximum penalty—20 penalty units. The produce must be maintained under conditions that ensure the produce is acceptable. Without limiting subsection (2) , the conditions under which the produce is transported must include time limits and temperature controls to prevent, reduce or control pathogenic growth. The part of the vehicle containing the produce must be designed in a way, and constructed with appropriate materials— to prevent contamination of the produce; and that are capable of being easily and effectively cleaned; and to prevent foreign substances, including pests and vermin, entering the vehicle. The holder must ensure the part of the vehicle containing the produce is maintained and cleaned in a sanitary way. Maximum penalty—20 penalty units. Without limiting subsection (1) , if the holder is transporting dairy produce, the holder must ensure the dairy produce is transported in a way that complies with the compulsory standard. Maximum penalty—20 penalty units. If a person transporting primary produce for an accreditation holder becomes aware or reasonably believes the produce has been exposed to conditions that may have affected the acceptability of the produce, the person must immediately notify the holder, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (sec.38-ssec.1) An accreditation holder who uses a vehicle to transport primary produce must comply with subsections (2) to (4) for the transportation of the produce. Maximum penalty—20 penalty units. (sec.38-ssec.2) The produce must be maintained under conditions that ensure the produce is acceptable. (sec.38-ssec.3) Without limiting subsection (2) , the conditions under which the produce is transported must include time limits and temperature controls to prevent, reduce or control pathogenic growth. (sec.38-ssec.4) The part of the vehicle containing the produce must be designed in a way, and constructed with appropriate materials— to prevent contamination of the produce; and that are capable of being easily and effectively cleaned; and to prevent foreign substances, including pests and vermin, entering the vehicle. (sec.38-ssec.5) The holder must ensure the part of the vehicle containing the produce is maintained and cleaned in a sanitary way. Maximum penalty—20 penalty units. (sec.38-ssec.6) Without limiting subsection (1) , if the holder is transporting dairy produce, the holder must ensure the dairy produce is transported in a way that complies with the compulsory standard. Maximum penalty—20 penalty units. (sec.38-ssec.7) If a person transporting primary produce for an accreditation holder becomes aware or reasonably believes the produce has been exposed to conditions that may have affected the acceptability of the produce, the person must immediately notify the holder, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.
An accreditation holder who uses a water supply to process primary produce may use the water supply only if— the water is of potable quality; or the holder demonstrates in the holder’s program or management statement that the use of the water will not make the produce unacceptable. Maximum penalty—20 penalty units.
An accreditation holder who processes primary produce at premises must store, handle, or dispose of waste in a way that will not make the produce unacceptable. Maximum penalty—20 penalty units. Without limiting subsection (1) — solid and liquid waste produced by the processing of the produce must be contained and removed to a waste disposal system; and the ventilation system must be adequate to remove from the premises fumes and other gaseous waste produced by the processing. (sec.40-ssec.1) An accreditation holder who processes primary produce at premises must store, handle, or dispose of waste in a way that will not make the produce unacceptable. Maximum penalty—20 penalty units. (sec.40-ssec.2) Without limiting subsection (1) — solid and liquid waste produced by the processing of the produce must be contained and removed to a waste disposal system; and the ventilation system must be adequate to remove from the premises fumes and other gaseous waste produced by the processing.
This section applies to an accreditation holder who processes primary produce at premises or uses a vehicle for the processing. The accreditation holder may allow an animal on the premises or in the vehicle only if the animal is— an animal to be slaughtered at the premises or in the vehicle; or an assistance animal; or a work animal. Maximum penalty—20 penalty units. However, the holder must not allow an assistance animal or work animal on the part of the premises or in the part of the vehicle where the processing is carried out. Maximum penalty—20 penalty units. In this section— work animal means— an animal, including, for example, a leader animal, horse or dog, used, or to be used— to help in moving or handling animals to be killed for meat; or for an animal killed in the wild—to find the animal; or a dog used, or to be used, for security. (sec.41-ssec.1) This section applies to an accreditation holder who processes primary produce at premises or uses a vehicle for the processing. (sec.41-ssec.2) The accreditation holder may allow an animal on the premises or in the vehicle only if the animal is— an animal to be slaughtered at the premises or in the vehicle; or an assistance animal; or a work animal. Maximum penalty—20 penalty units. (sec.41-ssec.3) However, the holder must not allow an assistance animal or work animal on the part of the premises or in the part of the vehicle where the processing is carried out. Maximum penalty—20 penalty units. (sec.41-ssec.4) In this section— work animal means— an animal, including, for example, a leader animal, horse or dog, used, or to be used— to help in moving or handling animals to be killed for meat; or for an animal killed in the wild—to find the animal; or a dog used, or to be used, for security.
An accreditation holder who processes primary produce at premises must ensure all persons processing the produce at the premises maintain a high level of health and hygiene practices to prevent contamination of the produce. Maximum penalty—20 penalty units. Measures the holder must take under subsection (1) include— providing adequate health and hygiene facilities at the premises and ensuring appropriate use of the facilities by the persons processing the produce; and establishing and maintaining appropriate procedures and practices for health and hygiene. (sec.42-ssec.1) An accreditation holder who processes primary produce at premises must ensure all persons processing the produce at the premises maintain a high level of health and hygiene practices to prevent contamination of the produce. Maximum penalty—20 penalty units. (sec.42-ssec.2) Measures the holder must take under subsection (1) include— providing adequate health and hygiene facilities at the premises and ensuring appropriate use of the facilities by the persons processing the produce; and establishing and maintaining appropriate procedures and practices for health and hygiene.
This section applies to an accreditation holder who— processes primary produce at premises; or uses a vehicle for processing primary produce. The holder must ensure the premises or vehicle is designed and constructed so that the premises or part of the vehicle containing the produce— provides enough space for the activities and equipment used for the processing; and provides adequate natural or artificial lighting for each of the processing activities carried on at the premises or in the vehicle; and provides adequate ventilation to remove heat and steam and to control condensation and humidity; and allows for a person handling the produce to maintain a high level of health and hygiene practices; and is capable of being effectively cleaned and sanitised; and excludes dust, dirt, fumes, smoke (other than smoke from a smoking process) and other contaminants; and prevents the entry and harbouring of pests. Maximum penalty—20 penalty units. The holder must ensure the premises or part of the vehicle containing the produce is cleaned and maintained in a sanitary way. Maximum penalty—20 penalty units. (sec.43-ssec.1) This section applies to an accreditation holder who— processes primary produce at premises; or uses a vehicle for processing primary produce. (sec.43-ssec.2) The holder must ensure the premises or vehicle is designed and constructed so that the premises or part of the vehicle containing the produce— provides enough space for the activities and equipment used for the processing; and provides adequate natural or artificial lighting for each of the processing activities carried on at the premises or in the vehicle; and provides adequate ventilation to remove heat and steam and to control condensation and humidity; and allows for a person handling the produce to maintain a high level of health and hygiene practices; and is capable of being effectively cleaned and sanitised; and excludes dust, dirt, fumes, smoke (other than smoke from a smoking process) and other contaminants; and prevents the entry and harbouring of pests. Maximum penalty—20 penalty units. (sec.43-ssec.3) The holder must ensure the premises or part of the vehicle containing the produce is cleaned and maintained in a sanitary way. Maximum penalty—20 penalty units.
An accreditation holder who processes primary produce must ensure the equipment used for the processing is designed and constructed so that the equipment is— suitable for the equipment’s intended use; and capable of being effectively cleaned and sanitised; and made of material that does not contaminate food. Maximum penalty—20 penalty units. The holder must ensure the equipment is cleaned and maintained in a sanitary way. Maximum penalty—20 penalty units. (sec.44-ssec.1) An accreditation holder who processes primary produce must ensure the equipment used for the processing is designed and constructed so that the equipment is— suitable for the equipment’s intended use; and capable of being effectively cleaned and sanitised; and made of material that does not contaminate food. Maximum penalty—20 penalty units. (sec.44-ssec.2) The holder must ensure the equipment is cleaned and maintained in a sanitary way. Maximum penalty—20 penalty units.
Safe Food may monitor compliance with food safety schemes by 1 or more methods that are considered appropriate to the nature of the business engaging in the production of primary produce and the risks associated with the business. However, Safe Food must conduct the audits required under this part. However, see section 56 for the variation, by Safe Food, of the frequency of audits. (sec.45-ssec.1) Safe Food may monitor compliance with food safety schemes by 1 or more methods that are considered appropriate to the nature of the business engaging in the production of primary produce and the risks associated with the business. (sec.45-ssec.2) However, Safe Food must conduct the audits required under this part. However, see section 56 for the variation, by Safe Food, of the frequency of audits.
Safe Food may conduct a check audit of a program audited by an auditor to ensure the auditor is conducting audits to the satisfaction of Safe Food. Safe Food may recover Safe Food’s costs for conducting the check audit from the holder. Safe Food may also conduct a check audit of a program, or monitoring of a management statement, under a food safety scheme to verify the effectiveness of the scheme. In this section— check audit , of a program, means an audit of the program conducted by Safe Food, other than a compliance audit or nonconformance audit. a spot check (sec.46-ssec.1) Safe Food may conduct a check audit of a program audited by an auditor to ensure the auditor is conducting audits to the satisfaction of Safe Food. (sec.46-ssec.2) Safe Food may recover Safe Food’s costs for conducting the check audit from the holder. (sec.46-ssec.3) Safe Food may also conduct a check audit of a program, or monitoring of a management statement, under a food safety scheme to verify the effectiveness of the scheme. (sec.46-ssec.4) In this section— check audit , of a program, means an audit of the program conducted by Safe Food, other than a compliance audit or nonconformance audit. a spot check
A person who is audited must assist in the audit and cooperate with the auditor conducting the audit under a food safety scheme. Maximum penalty—20 penalty units.
This section sets out the risk category for certain activities, related to the production of primary produce, based on the potential public health risk associated with the activities. The activities classified as low risk are mentioned— for the dairy scheme—in schedule 4 , part 1 ; or for the egg scheme—in schedule 7 , part 1 ; or for the meat scheme—in schedule 11 , part 1 ; or for the seafood scheme—in schedule 12 , part 1 . The activities classified as medium risk are mentioned— for the egg scheme—in schedule 7 , part 2 ; or for the meat scheme—in schedule 11 , part 2 ; or for the seafood scheme—in schedule 12 , part 2 . The activities classified as high risk are mentioned— for the dairy scheme—in schedule 4 , part 2 ; or for the egg scheme—in schedule 7 , part 3 ; or for the meat scheme—in schedule 11 , part 3 ; or for the seafood scheme—in schedule 12 , part 3 . See sections 50 to 55 for how risk categories of activities determine the timing and frequency of audits of programs. (sec.48-ssec.1) This section sets out the risk category for certain activities, related to the production of primary produce, based on the potential public health risk associated with the activities. (sec.48-ssec.2) The activities classified as low risk are mentioned— for the dairy scheme—in schedule 4 , part 1 ; or for the egg scheme—in schedule 7 , part 1 ; or for the meat scheme—in schedule 11 , part 1 ; or for the seafood scheme—in schedule 12 , part 1 . (sec.48-ssec.3) The activities classified as medium risk are mentioned— for the egg scheme—in schedule 7 , part 2 ; or for the meat scheme—in schedule 11 , part 2 ; or for the seafood scheme—in schedule 12 , part 2 . (sec.48-ssec.4) The activities classified as high risk are mentioned— for the dairy scheme—in schedule 4 , part 2 ; or for the egg scheme—in schedule 7 , part 3 ; or for the meat scheme—in schedule 11 , part 3 ; or for the seafood scheme—in schedule 12 , part 3 . See sections 50 to 55 for how risk categories of activities determine the timing and frequency of audits of programs.
A major nonconformance means a nonconformance with the requirements of an accreditation holder’s program if the potential impact of the nonconformance may lead to the production of unacceptable primary produce unless remedial action is taken by the holder to correct the nonconformance. A critical nonconformance means a nonconformance with the requirements of an accreditation holder’s program if the potential impact of the nonconformance is of substantial or immediate significance and is likely to result in, or has resulted in, the production of unacceptable primary produce. See section 57 for requirements when a major nonconformance is identified. See sections 50 (4) , 51 (4) , 52 (4) , 53 (4) , 54 (4) , 55 (4) , 58 and 59 for requirements when a critical nonconformance is identified. (sec.49-ssec.1) A major nonconformance means a nonconformance with the requirements of an accreditation holder’s program if the potential impact of the nonconformance may lead to the production of unacceptable primary produce unless remedial action is taken by the holder to correct the nonconformance. (sec.49-ssec.2) A critical nonconformance means a nonconformance with the requirements of an accreditation holder’s program if the potential impact of the nonconformance is of substantial or immediate significance and is likely to result in, or has resulted in, the production of unacceptable primary produce. See section 57 for requirements when a major nonconformance is identified. See sections 50 (4) , 51 (4) , 52 (4) , 53 (4) , 54 (4) , 55 (4) , 58 and 59 for requirements when a critical nonconformance is identified.
This section applies to an applicant for a grant of accreditation under a food safety scheme if— the activities proposed to be carried out by the applicant under the scheme are low risk; and the applicant has prepared a program under the scheme. Safe Food must audit the applicant’s program and may grant an accreditation only if Safe Food is satisfied the program complies with the scheme. If the applicant is granted accreditation, Safe Food must conduct a compliance audit of the program— within 6 months after accreditation; and within 1 year after the first compliance audit. However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 6 months after the compliance audit. Subsections (3) and (4) do not apply if Safe Food approves an alternative verification system in the applicant’s program. monitoring test results self verification regular inspections (sec.50-ssec.1) This section applies to an applicant for a grant of accreditation under a food safety scheme if— the activities proposed to be carried out by the applicant under the scheme are low risk; and the applicant has prepared a program under the scheme. (sec.50-ssec.2) Safe Food must audit the applicant’s program and may grant an accreditation only if Safe Food is satisfied the program complies with the scheme. (sec.50-ssec.3) If the applicant is granted accreditation, Safe Food must conduct a compliance audit of the program— within 6 months after accreditation; and within 1 year after the first compliance audit. (sec.50-ssec.4) However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 6 months after the compliance audit. (sec.50-ssec.5) Subsections (3) and (4) do not apply if Safe Food approves an alternative verification system in the applicant’s program. monitoring test results self verification regular inspections
This section applies to an applicant for a grant of accreditation under a food safety scheme if— the activities proposed to be carried out by the applicant under the scheme are medium risk; and the applicant has prepared a program under the scheme. Safe Food must audit the applicant’s program and may grant an accreditation only if Safe Food is satisfied the program complies with the scheme. If the applicant is granted accreditation, Safe Food must conduct a compliance audit of the program— within 3 months after accreditation; and within 6 months after the first compliance audit; and within 1 year after the previous compliance audit. However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 6 months after the compliance audit. (sec.51-ssec.1) This section applies to an applicant for a grant of accreditation under a food safety scheme if— the activities proposed to be carried out by the applicant under the scheme are medium risk; and the applicant has prepared a program under the scheme. (sec.51-ssec.2) Safe Food must audit the applicant’s program and may grant an accreditation only if Safe Food is satisfied the program complies with the scheme. (sec.51-ssec.3) If the applicant is granted accreditation, Safe Food must conduct a compliance audit of the program— within 3 months after accreditation; and within 6 months after the first compliance audit; and within 1 year after the previous compliance audit. (sec.51-ssec.4) However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 6 months after the compliance audit.
This section applies to an applicant for a grant of accreditation under a food safety scheme if— the activities proposed to be carried out by the applicant under the scheme are high risk; and the applicant has prepared a program under the scheme. Safe Food must audit the applicant’s program and may grant an accreditation only if Safe Food is satisfied the program complies with the scheme. If the applicant is granted accreditation, Safe Food must conduct a compliance audit of the program— within 3 months after accreditation; and within 6 months after the first compliance audit. However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 3 months after the compliance audit. (sec.52-ssec.1) This section applies to an applicant for a grant of accreditation under a food safety scheme if— the activities proposed to be carried out by the applicant under the scheme are high risk; and the applicant has prepared a program under the scheme. (sec.52-ssec.2) Safe Food must audit the applicant’s program and may grant an accreditation only if Safe Food is satisfied the program complies with the scheme. (sec.52-ssec.3) If the applicant is granted accreditation, Safe Food must conduct a compliance audit of the program— within 3 months after accreditation; and within 6 months after the first compliance audit. (sec.52-ssec.4) However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 3 months after the compliance audit.
This section applies to an applicant for a renewal of accreditation under a food safety scheme if— the activities carried out by the applicant under the scheme are low risk; and the applicant maintains a program under the scheme. If the applicant’s accreditation is renewed, Safe Food must conduct a compliance audit of the holder’s program within 1 year after the previous compliance audit. Safe Food must conduct the compliance audit during the term of the renewed accreditation. However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 6 months after the compliance audit. Subsections (2) to (4) do not apply if Safe Food approves an alternative verification system in the applicant’s program. monitoring test results self verification regular inspections (sec.53-ssec.1) This section applies to an applicant for a renewal of accreditation under a food safety scheme if— the activities carried out by the applicant under the scheme are low risk; and the applicant maintains a program under the scheme. (sec.53-ssec.2) If the applicant’s accreditation is renewed, Safe Food must conduct a compliance audit of the holder’s program within 1 year after the previous compliance audit. (sec.53-ssec.3) Safe Food must conduct the compliance audit during the term of the renewed accreditation. (sec.53-ssec.4) However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 6 months after the compliance audit. (sec.53-ssec.5) Subsections (2) to (4) do not apply if Safe Food approves an alternative verification system in the applicant’s program. monitoring test results self verification regular inspections
This section applies to an applicant for a renewal of accreditation under a food safety scheme if— the activities carried out by the applicant under the scheme are medium risk; and the applicant maintains a program under the scheme. If the applicant’s accreditation is renewed, Safe Food must conduct a compliance audit of the holder’s program within 1 year after the previous compliance audit. Safe Food must conduct the compliance audit during the term of the renewed accreditation. However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 6 months after the compliance audit. (sec.54-ssec.1) This section applies to an applicant for a renewal of accreditation under a food safety scheme if— the activities carried out by the applicant under the scheme are medium risk; and the applicant maintains a program under the scheme. (sec.54-ssec.2) If the applicant’s accreditation is renewed, Safe Food must conduct a compliance audit of the holder’s program within 1 year after the previous compliance audit. (sec.54-ssec.3) Safe Food must conduct the compliance audit during the term of the renewed accreditation. (sec.54-ssec.4) However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 6 months after the compliance audit.
This section applies to an applicant for a renewal of accreditation under a food safety scheme if— the activities carried out by the applicant under the scheme are high risk; and the applicant maintains a program under the scheme. If the applicant’s accreditation is renewed, Safe Food must conduct 2 compliance audits of the holder’s program during the term of the renewed accreditation. Safe Food must conduct the compliance audits at least 6 months apart. However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 3 months after the compliance audit. (sec.55-ssec.1) This section applies to an applicant for a renewal of accreditation under a food safety scheme if— the activities carried out by the applicant under the scheme are high risk; and the applicant maintains a program under the scheme. (sec.55-ssec.2) If the applicant’s accreditation is renewed, Safe Food must conduct 2 compliance audits of the holder’s program during the term of the renewed accreditation. (sec.55-ssec.3) Safe Food must conduct the compliance audits at least 6 months apart. (sec.55-ssec.4) However, if a critical nonconformance is identified at a compliance audit, Safe Food must conduct an additional compliance audit of the program within 3 months after the compliance audit.
This section applies despite the frequency of audits Safe Food is required to conduct under this division for the grant or renewal of an accreditation for a food safety scheme. Safe Food may decide to conduct audits less frequently if Safe Food considers it is appropriate in the circumstances that audits be conducted less frequently. If an applicant is applying for renewal of an accreditation under a food safety scheme and the applicant has demonstrated at previous audits that the activities audited comply with the scheme, Safe Food may decide that a compliance audit of the applicant’s program under section 53 (2) , 54 (2) or 55 (2) is not required. If Safe Food decides to vary the frequency of audits under this section, Safe Food must give the accreditation holder written notice of the decision. (sec.56-ssec.1) This section applies despite the frequency of audits Safe Food is required to conduct under this division for the grant or renewal of an accreditation for a food safety scheme. (sec.56-ssec.2) Safe Food may decide to conduct audits less frequently if Safe Food considers it is appropriate in the circumstances that audits be conducted less frequently. If an applicant is applying for renewal of an accreditation under a food safety scheme and the applicant has demonstrated at previous audits that the activities audited comply with the scheme, Safe Food may decide that a compliance audit of the applicant’s program under section 53 (2) , 54 (2) or 55 (2) is not required. (sec.56-ssec.3) If Safe Food decides to vary the frequency of audits under this section, Safe Food must give the accreditation holder written notice of the decision.
This section applies if an auditor identifies a major nonconformance of an accreditation holder’s program at a compliance audit. The auditor must, within 14 days after completion of the audit, prepare a corrective action request (a CAR ) that complies with subsection (3) and give a copy of the CAR to— Safe Food; and the holder. Maximum penalty—20 penalty units. The CAR must state the following— the activities of the holder’s program that constitute a major nonconformance; the action the holder must take to correct the nonconformance and the period within which the action must be taken; whether the auditor needs to conduct a further audit (a nonconformance audit ) to check that the nonconformance has been corrected; if a nonconformance audit is needed, when the audit must be conducted. Maximum penalty—20 penalty units. If a nonconformance audit is needed, the auditor must conduct the audit by the day stated in the CAR. Maximum penalty—20 penalty units. If the auditor considers a nonconformance audit identifies that the major nonconformance has not been corrected, the auditor may conduct a further nonconformance audit. A nonconformance audit must be conducted separately from a compliance audit of the holder’s program. (sec.57-ssec.1) This section applies if an auditor identifies a major nonconformance of an accreditation holder’s program at a compliance audit. (sec.57-ssec.2) The auditor must, within 14 days after completion of the audit, prepare a corrective action request (a CAR ) that complies with subsection (3) and give a copy of the CAR to— Safe Food; and the holder. Maximum penalty—20 penalty units. (sec.57-ssec.3) The CAR must state the following— the activities of the holder’s program that constitute a major nonconformance; the action the holder must take to correct the nonconformance and the period within which the action must be taken; whether the auditor needs to conduct a further audit (a nonconformance audit ) to check that the nonconformance has been corrected; if a nonconformance audit is needed, when the audit must be conducted. Maximum penalty—20 penalty units. (sec.57-ssec.4) If a nonconformance audit is needed, the auditor must conduct the audit by the day stated in the CAR. Maximum penalty—20 penalty units. (sec.57-ssec.5) If the auditor considers a nonconformance audit identifies that the major nonconformance has not been corrected, the auditor may conduct a further nonconformance audit. (sec.57-ssec.6) A nonconformance audit must be conducted separately from a compliance audit of the holder’s program.
This section applies if the auditor identifies a critical nonconformance of an accreditation holder’s program at a compliance audit. The auditor must inform Safe Food immediately after the auditor forms the opinion, unless the auditor has a reasonable excuse. Maximum penalty—50 penalty units. The auditor must prepare a CAR that complies with subsection (4) and give a copy of the CAR to— Safe Food; and the holder. Maximum penalty—20 penalty units. The CAR must state the following— the activities of the holder’s program that constitute a critical nonconformance; the action the holder must take to correct the nonconformance and the period within which the action must be taken; that the auditor needs to conduct a nonconformance audit; when the nonconformance audit must be conducted. The auditor must conduct the nonconformance audit by the day stated in the CAR. Maximum penalty—50 penalty units. If the auditor considers the nonconformance audit identifies that the critical nonconformance has not been corrected, the auditor must— inform Safe Food immediately after the auditor forms the opinion, unless the auditor has a reasonable excuse; and conduct any further nonconformance audit at the direction of Safe Food. Maximum penalty—50 penalty units. A nonconformance audit must be conducted separately from a compliance audit of the holder’s program. (sec.58-ssec.1) This section applies if the auditor identifies a critical nonconformance of an accreditation holder’s program at a compliance audit. (sec.58-ssec.2) The auditor must inform Safe Food immediately after the auditor forms the opinion, unless the auditor has a reasonable excuse. Maximum penalty—50 penalty units. (sec.58-ssec.3) The auditor must prepare a CAR that complies with subsection (4) and give a copy of the CAR to— Safe Food; and the holder. Maximum penalty—20 penalty units. (sec.58-ssec.4) The CAR must state the following— the activities of the holder’s program that constitute a critical nonconformance; the action the holder must take to correct the nonconformance and the period within which the action must be taken; that the auditor needs to conduct a nonconformance audit; when the nonconformance audit must be conducted. (sec.58-ssec.5) The auditor must conduct the nonconformance audit by the day stated in the CAR. Maximum penalty—50 penalty units. (sec.58-ssec.6) If the auditor considers the nonconformance audit identifies that the critical nonconformance has not been corrected, the auditor must— inform Safe Food immediately after the auditor forms the opinion, unless the auditor has a reasonable excuse; and conduct any further nonconformance audit at the direction of Safe Food. Maximum penalty—50 penalty units. (sec.58-ssec.7) A nonconformance audit must be conducted separately from a compliance audit of the holder’s program.
This section applies if Safe Food identifies any nonconformance with the requirements of an accreditation holder’s management statement. Safe Food may give the holder a notice stating— the nonconformance; and that the holder must take action to remedy the nonconformance and the period within which the action must be taken. The holder must comply with the notice. Maximum penalty—20 penalty units. (sec.59-ssec.1) This section applies if Safe Food identifies any nonconformance with the requirements of an accreditation holder’s management statement. (sec.59-ssec.2) Safe Food may give the holder a notice stating— the nonconformance; and that the holder must take action to remedy the nonconformance and the period within which the action must be taken. (sec.59-ssec.3) The holder must comply with the notice. Maximum penalty—20 penalty units.
This chapter sets out the dairy produce food safety scheme (the dairy scheme ). The dairy scheme gives effect to particular requirements of the food standards code, standards 4.2.4 Primary production and processing standard for dairy products (Australia only) and 4.2.4A Primary production and processing standard for specific cheeses (Australia only) . At the commencement of this section, the standards were able to be viewed at www.foodstandards.gov.au/code/Pages/default.aspx. See schedules 2 and 3 for other standards applying to food safety requirements under the dairy scheme. (sec.60-ssec.1) This chapter sets out the dairy produce food safety scheme (the dairy scheme ). (sec.60-ssec.2) The dairy scheme gives effect to particular requirements of the food standards code, standards 4.2.4 Primary production and processing standard for dairy products (Australia only) and 4.2.4A Primary production and processing standard for specific cheeses (Australia only) . At the commencement of this section, the standards were able to be viewed at www.foodstandards.gov.au/code/Pages/default.aspx. See schedules 2 and 3 for other standards applying to food safety requirements under the dairy scheme.
The dairy scheme applies to dairy produce intended for human or animal consumption. However, the dairy scheme does not apply to the processing of dairy produce intended for consumption by an animal, if the animal, or any part or product of the animal, is intended for human consumption. (sec.61-ssec.1) The dairy scheme applies to dairy produce intended for human or animal consumption. (sec.61-ssec.2) However, the dairy scheme does not apply to the processing of dairy produce intended for consumption by an animal, if the animal, or any part or product of the animal, is intended for human consumption.
The milk of buffalo is prescribed. The following dairy products are prescribed— flavoured milk; cream and thickened cream; butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee (clarified butter), anhydrous milk fat (butter oil); casein, caseinate and cheese; whey, whey cream and concentrated whey cream; cultured milk and yoghurt; ice-cream and ice-cream mix; buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates; colostrum. (sec.62-ssec.1) The milk of buffalo is prescribed. (sec.62-ssec.2) The following dairy products are prescribed— flavoured milk; cream and thickened cream; butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee (clarified butter), anhydrous milk fat (butter oil); casein, caseinate and cheese; whey, whey cream and concentrated whey cream; cultured milk and yoghurt; ice-cream and ice-cream mix; buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates; colostrum.
The dairy scheme applies to the production of dairy scheme produce, including, for example, the following— milking an animal at a dairy; processing milk at a dairy; storing milk at a dairy; rearing an animal at a dairy for milking at the dairy; growing stock food at a dairy for consumption by an animal to be milked at the dairy; transporting dairy scheme produce— from a dairy to a factory; or from a factory to another factory for further processing; or to or from a depot; or within a factory; handling or storing milk at a depot before transporting the milk to a factory for processing; processing dairy scheme produce; pasteurisation of milk homogenisation of milk manufacture of cheese processing, supplying or selling pet food; treating with drugs and pesticides an animal to be milked at a dairy; producing goat milk for human consumption. However, the dairy scheme does not apply to the following— growing stock food at a place other than a dairy for consumption by an animal to be milked at a dairy; supplying stock food to a dairy for consumption by an animal to be milked at the dairy; transporting stock food for consumption by an animal to be milked at a dairy; rearing an animal to be supplied to a dairy for milking; transporting an animal to a dairy for milking; transporting dairy scheme produce from a factory to a wholesaler or retailer; retail sales of dairy scheme produce, other than pet food; manufacturing ice-cream if retail sales of the ice-cream are made from the retail premises where the ice-cream is produced. (sec.63-ssec.1) The dairy scheme applies to the production of dairy scheme produce, including, for example, the following— milking an animal at a dairy; processing milk at a dairy; storing milk at a dairy; rearing an animal at a dairy for milking at the dairy; growing stock food at a dairy for consumption by an animal to be milked at the dairy; transporting dairy scheme produce— from a dairy to a factory; or from a factory to another factory for further processing; or to or from a depot; or within a factory; handling or storing milk at a depot before transporting the milk to a factory for processing; processing dairy scheme produce; pasteurisation of milk homogenisation of milk manufacture of cheese processing, supplying or selling pet food; treating with drugs and pesticides an animal to be milked at a dairy; producing goat milk for human consumption. (sec.63-ssec.2) However, the dairy scheme does not apply to the following— growing stock food at a place other than a dairy for consumption by an animal to be milked at a dairy; supplying stock food to a dairy for consumption by an animal to be milked at the dairy; transporting stock food for consumption by an animal to be milked at a dairy; rearing an animal to be supplied to a dairy for milking; transporting an animal to a dairy for milking; transporting dairy scheme produce from a factory to a wholesaler or retailer; retail sales of dairy scheme produce, other than pet food; manufacturing ice-cream if retail sales of the ice-cream are made from the retail premises where the ice-cream is produced.
An applicant for a grant or renewal of an accreditation under the dairy scheme must prepare— a program under the scheme; or a management statement under the scheme.
Subject to part 4 , the food safety requirements under this part are food safety requirements for the dairy scheme. See part 4 for additional food safety requirements for the dairy scheme that apply to an accreditation holder under that part. Those requirements are additional to the food safety requirements under chapter 2 , part 5 , subject to section 35 (2) (b) . However, a food safety requirement under this part applies instead of a food safety requirement under chapter 2 , part 5 to the extent of any inconsistency. (sec.65-ssec.1) Subject to part 4 , the food safety requirements under this part are food safety requirements for the dairy scheme. See part 4 for additional food safety requirements for the dairy scheme that apply to an accreditation holder under that part. (sec.65-ssec.2) Those requirements are additional to the food safety requirements under chapter 2 , part 5 , subject to section 35 (2) (b) . (sec.65-ssec.3) However, a food safety requirement under this part applies instead of a food safety requirement under chapter 2 , part 5 to the extent of any inconsistency.
This division applies to an accreditation holder who produces milk from an animal at the holder’s dairy.
An accreditation holder must ensure the production of milk from an animal at the holder’s dairy complies with the compulsory standard. Maximum penalty—20 penalty units.
This section applies to an animal— reared at a dairy for milking at the dairy; or brought from another place for milking at a dairy. The holder must not obtain milk from an animal the holder knows, or ought reasonably know, is affected by a disease, if the milk from the animal may be unacceptable. Maximum penalty—20 penalty units. The holder must keep records to trace each animal to be milked to ensure only an animal not affected by disease is milked. a seller’s declaration if an animal is brought from another place an identification of an animal treated at a dairy a record of a veterinary chemical product and drug treatment, treatment date, dosage and withholding period for an animal a record showing compliance with the withholding period for an animal (sec.68-ssec.1) This section applies to an animal— reared at a dairy for milking at the dairy; or brought from another place for milking at a dairy. (sec.68-ssec.2) The holder must not obtain milk from an animal the holder knows, or ought reasonably know, is affected by a disease, if the milk from the animal may be unacceptable. Maximum penalty—20 penalty units. (sec.68-ssec.3) The holder must keep records to trace each animal to be milked to ensure only an animal not affected by disease is milked. a seller’s declaration if an animal is brought from another place an identification of an animal treated at a dairy a record of a veterinary chemical product and drug treatment, treatment date, dosage and withholding period for an animal a record showing compliance with the withholding period for an animal
An accreditation holder must not feed stock food to an animal to be milked if the holder knows, or ought reasonably know, the food may introduce a risk of contaminating the milk. Maximum penalty—20 penalty units. Without limiting subsection (1) , stock food must not contain microbiological or chemical hazards at levels greater than the MRLs stated in the compulsory standard. The holder must keep records to trace stock food purchased to ensure only appropriate stock food is used. a seller’s declaration if stock food is brought from another place a paddock identification or storage facility of treated stock food a record of a chemical product or drug treatment, treatment date, application rate and withholding period for stock food a record showing compliance with withholding period for stock food treated (sec.69-ssec.1) An accreditation holder must not feed stock food to an animal to be milked if the holder knows, or ought reasonably know, the food may introduce a risk of contaminating the milk. Maximum penalty—20 penalty units. (sec.69-ssec.2) Without limiting subsection (1) , stock food must not contain microbiological or chemical hazards at levels greater than the MRLs stated in the compulsory standard. (sec.69-ssec.3) The holder must keep records to trace stock food purchased to ensure only appropriate stock food is used. a seller’s declaration if stock food is brought from another place a paddock identification or storage facility of treated stock food a record of a chemical product or drug treatment, treatment date, application rate and withholding period for stock food a record showing compliance with withholding period for stock food treated
An accreditation holder must not supply milk for the processing of dairy produce at a place other than a dairy if— the holder knows, or ought reasonably know, the milk has a residue level greater than the MRLs stated in the compulsory standard; or the milk has been obtained from an animal that has been treated for a disease or illness if the animal’s treatment does not comply with the Chemical Usage (Agricultural and Veterinary) Control Act 1988 , part 2 . Maximum penalty—20 penalty units. The holder must keep records for the purpose of tracing animals to be milked to ensure only milk that is not contaminated is used. an identification of a treated animal a record showing chemical products approved by the APVMA only have been used for an animal a record of a chemical product or drug treatment, treatment date, dosage and withholding period for milk from a treated animal a record showing compliance with withholding period for milk from a treated animal (sec.70-ssec.1) An accreditation holder must not supply milk for the processing of dairy produce at a place other than a dairy if— the holder knows, or ought reasonably know, the milk has a residue level greater than the MRLs stated in the compulsory standard; or the milk has been obtained from an animal that has been treated for a disease or illness if the animal’s treatment does not comply with the Chemical Usage (Agricultural and Veterinary) Control Act 1988 , part 2 . Maximum penalty—20 penalty units. (sec.70-ssec.2) The holder must keep records for the purpose of tracing animals to be milked to ensure only milk that is not contaminated is used. an identification of a treated animal a record showing chemical products approved by the APVMA only have been used for an animal a record of a chemical product or drug treatment, treatment date, dosage and withholding period for milk from a treated animal a record showing compliance with withholding period for milk from a treated animal
An accreditation holder may obtain milk from an animal and store the milk only in a way and using equipment that prevents the contamination of the milk from foreign matter and hazards that may make the milk unacceptable. Maximum penalty—20 penalty units.
An accreditation holder must store milk at a temperature that restricts the development of microbiological hazards in the milk. Maximum penalty—20 penalty units.
An accreditation holder must ensure all persons milking animals at the dairy maintain a high level of health and hygiene practices to prevent contamination of the milk. Maximum penalty—20 penalty units. Measures the holder must take under subsection (1) include— providing adequate health and hygiene facilities at the dairy and ensuring appropriate use of the facilities by the persons milking the animals; and establishing and maintaining appropriate procedures and practices for health and hygiene. (sec.73-ssec.1) An accreditation holder must ensure all persons milking animals at the dairy maintain a high level of health and hygiene practices to prevent contamination of the milk. Maximum penalty—20 penalty units. (sec.73-ssec.2) Measures the holder must take under subsection (1) include— providing adequate health and hygiene facilities at the dairy and ensuring appropriate use of the facilities by the persons milking the animals; and establishing and maintaining appropriate procedures and practices for health and hygiene.
An accreditation holder who labels pet food must comply with subsections (2) to (4) for the labelling of the pet food. Maximum penalty—20 penalty units. The label on a package containing the pet food must include the statement ‘Animal Food Only’ in Arial, Times New Roman or similar typeface of at least 6mm in height. The statement must be immediately followed by another statement ‘Not fit for human consumption’ in Arial, Times New Roman or similar typeface of at least 3mm in height. The statements mentioned in subsections (2) and (3) must be— in a colour contrasting distinctly with the background colour of the label or packaging; and conspicuous to a person looking at the label. (sec.74-ssec.1) An accreditation holder who labels pet food must comply with subsections (2) to (4) for the labelling of the pet food. Maximum penalty—20 penalty units. (sec.74-ssec.2) The label on a package containing the pet food must include the statement ‘Animal Food Only’ in Arial, Times New Roman or similar typeface of at least 6mm in height. (sec.74-ssec.3) The statement must be immediately followed by another statement ‘Not fit for human consumption’ in Arial, Times New Roman or similar typeface of at least 3mm in height. (sec.74-ssec.4) The statements mentioned in subsections (2) and (3) must be— in a colour contrasting distinctly with the background colour of the label or packaging; and conspicuous to a person looking at the label.
This section applies to an accreditation holder, other than an accreditation holder to whom part 4 applies. For accreditation holders to whom part 4 applies, see section 83 . The holder must ensure the holder’s dairy and equipment used to obtain and store milk from an animal are designed in a way, and constructed with appropriate materials, to minimise, to the greatest possible extent, the introduction of contaminants to the milk. Maximum penalty—20 penalty units. The holder must ensure the holder’s dairy and equipment are kept clean and in good repair. Maximum penalty—20 penalty units. (sec.75-ssec.1) This section applies to an accreditation holder, other than an accreditation holder to whom part 4 applies. For accreditation holders to whom part 4 applies, see section 83 . (sec.75-ssec.2) The holder must ensure the holder’s dairy and equipment used to obtain and store milk from an animal are designed in a way, and constructed with appropriate materials, to minimise, to the greatest possible extent, the introduction of contaminants to the milk. Maximum penalty—20 penalty units. (sec.75-ssec.3) The holder must ensure the holder’s dairy and equipment are kept clean and in good repair. Maximum penalty—20 penalty units.
This division applies to an accreditation holder who processes dairy produce at a depot or factory.
This section applies if an accreditation holder accepts, from a person, dairy produce for processing. The holder must take all practical measures to ensure the produce— is, or has been, protected from the risk of contamination; and does not contain contaminants greater than the MRLs stated in the compulsory standard. Maximum penalty—20 penalty units. The holder must keep records of— the name and address of the person who supplied the dairy produce; and the details and results of the testing done to determine the acceptability of the produce; and any other document showing the holder has complied with subsection (2) . (sec.77-ssec.1) This section applies if an accreditation holder accepts, from a person, dairy produce for processing. (sec.77-ssec.2) The holder must take all practical measures to ensure the produce— is, or has been, protected from the risk of contamination; and does not contain contaminants greater than the MRLs stated in the compulsory standard. Maximum penalty—20 penalty units. (sec.77-ssec.3) The holder must keep records of— the name and address of the person who supplied the dairy produce; and the details and results of the testing done to determine the acceptability of the produce; and any other document showing the holder has complied with subsection (2) .
An accreditation holder must process dairy produce at the holder’s depot or factory in a way that complies with the compulsory standard. Maximum penalty—20 penalty units. Without limiting subsection (1) , the holder must pasteurise milk or process dairy produce using equipment that is appropriate for the pasteurisation or other processing. (sec.78-ssec.1) An accreditation holder must process dairy produce at the holder’s depot or factory in a way that complies with the compulsory standard. Maximum penalty—20 penalty units. (sec.78-ssec.2) Without limiting subsection (1) , the holder must pasteurise milk or process dairy produce using equipment that is appropriate for the pasteurisation or other processing.
If an accreditation holder stores dairy produce at a place other than a dairy, the holder must ensure the produce is— protected from the risk of contamination; and kept under environmental conditions and temperature control to maintain the acceptability of the dairy produce. Maximum penalty—20 penalty units.
If an accreditation holder processes dairy produce for human consumption, the holder must ensure the produce— does not contain— microbiological levels greater than the levels stated in the compulsory standard; or chemical hazards at levels greater than the MRLs stated in the compulsory standard; and has the composition stated for the dairy produce in the compulsory standard. Maximum penalty—20 penalty units.
An accreditation holder must not supply dairy produce to a person if the holder knows, or ought reasonably know, the processing or the produce has not complied with the compulsory standard. Maximum penalty—20 penalty units.
An accreditation holder must use a testing program for dairy produce processed at the holder’s factory to ensure the acceptability of the produce complies with the compulsory standard. Maximum penalty—20 penalty units.
This part applies to goat milk intended for human consumption if the goat milk— is not pasteurised; and is not sent to a factory for processing.
This part applies to the following— milking a goat at a dairy; storing goat milk at a dairy; rearing a goat at a dairy for milking at the dairy; growing stock food at a dairy for consumption by a goat to be milked at the dairy; treating with drugs and pesticides a goat to be milked at a dairy; packaging and labelling goat milk at a dairy; retail sales of goat milk if the milk is sold from the dairy where the goat was milked. However, this part does not apply to the following— growing stock food at a place other than a dairy for consumption by a goat to be milked at a dairy; supplying or transporting stock food to a dairy for consumption by a goat to be milked at the dairy; rearing a goat to be supplied to a dairy for milking; producing goat milk for human consumption if the milk is sent to a factory for processing; retail sales of goat milk if the milk is sold other than from the dairy where the goat was milked. (sec.84-ssec.1) This part applies to the following— milking a goat at a dairy; storing goat milk at a dairy; rearing a goat at a dairy for milking at the dairy; growing stock food at a dairy for consumption by a goat to be milked at the dairy; treating with drugs and pesticides a goat to be milked at a dairy; packaging and labelling goat milk at a dairy; retail sales of goat milk if the milk is sold from the dairy where the goat was milked. (sec.84-ssec.2) However, this part does not apply to the following— growing stock food at a place other than a dairy for consumption by a goat to be milked at a dairy; supplying or transporting stock food to a dairy for consumption by a goat to be milked at the dairy; rearing a goat to be supplied to a dairy for milking; producing goat milk for human consumption if the milk is sent to a factory for processing; retail sales of goat milk if the milk is sold other than from the dairy where the goat was milked.
An accreditation holder engaging in the production of primary produce under this part must comply with the dairy scheme, other than section 75 .
An accreditation holder must produce goat milk according to the compulsory standard. Maximum penalty—20 penalty units.
An accreditation holder must ensure the dairy and the equipment at the dairy comply with the compulsory standard. Maximum penalty—20 penalty units.
An accreditation holder must not supply goat milk to a person if the holder knows, or ought reasonably know, the holder has not complied with section 86 for the goat milk. Maximum penalty—20 penalty units.
An accreditation holder must comply with the following in the holder’s program or management statement— the testing program for goat milk produced at the dairy to ensure the goat milk complies with the compulsory standard; the frequency of testing for goat milk. Maximum penalty—50 penalty units.
An accreditation holder must ensure a test for a substance in goat milk is conducted by a laboratory accredited by NATA to conduct the test. Maximum penalty—20 penalty units. The accreditation holder must send the results of the test to Safe Food within 7 days after the laboratory conducting the test notifies the holder of the test results. Maximum penalty—20 penalty units. In this section— NATA means the National Association of Testing Authorities, Australia. (sec.90-ssec.1) An accreditation holder must ensure a test for a substance in goat milk is conducted by a laboratory accredited by NATA to conduct the test. Maximum penalty—20 penalty units. (sec.90-ssec.2) The accreditation holder must send the results of the test to Safe Food within 7 days after the laboratory conducting the test notifies the holder of the test results. Maximum penalty—20 penalty units. (sec.90-ssec.3) In this section— NATA means the National Association of Testing Authorities, Australia.
Safe Food may conduct random checks or take samples of goat milk produced to ensure an accreditation holder is complying with the holder’s program or management statement.
An accreditation holder must, for goat milk produced, implement and maintain a product recall program that complies with the FSANZ industry recall program. Maximum penalty—20 penalty units. In this section— FSANZ industry recall program means a guideline issued by Food Standards Australia and New Zealand, established under the Food Standards Australia New Zealand Act 1991 (Cwlth) , about ways of complying with recall procedures. (sec.92-ssec.1) An accreditation holder must, for goat milk produced, implement and maintain a product recall program that complies with the FSANZ industry recall program. Maximum penalty—20 penalty units. (sec.92-ssec.2) In this section— FSANZ industry recall program means a guideline issued by Food Standards Australia and New Zealand, established under the Food Standards Australia New Zealand Act 1991 (Cwlth) , about ways of complying with recall procedures.
An accreditation holder must comply with subsections (2) to (4) for labelling goat milk. Maximum penalty—20 penalty units. The goat milk must be labelled according to the compulsory standard. The label on a package containing goat milk must include the statement ‘Caution—This milk is an unpasteurised product and may contain organisms that could be injurious to health.’. The statement must be— in Arial, Times New Roman or similar typeface of at least 3mm in height; and in a colour contrasting distinctly with the background colour of the label or packaging; and conspicuous to a person looking at the label. (sec.93-ssec.1) An accreditation holder must comply with subsections (2) to (4) for labelling goat milk. Maximum penalty—20 penalty units. (sec.93-ssec.2) The goat milk must be labelled according to the compulsory standard. (sec.93-ssec.3) The label on a package containing goat milk must include the statement ‘Caution—This milk is an unpasteurised product and may contain organisms that could be injurious to health.’. (sec.93-ssec.4) The statement must be— in Arial, Times New Roman or similar typeface of at least 3mm in height; and in a colour contrasting distinctly with the background colour of the label or packaging; and conspicuous to a person looking at the label.
This chapter sets out the egg food safety scheme (the egg scheme ). The egg scheme gives effect to particular requirements of the food standards code, standard 4.2.5 Primary production and processing standard for eggs and egg product (Australia only) . At the commencement of this section, the standards were able to be viewed at www.foodstandards.gov.au/code/Pages/default.aspx. See schedules 5 and 6 for other standards applying to food safety requirements under the egg scheme. (sec.94-ssec.1) This chapter sets out the egg food safety scheme (the egg scheme ). (sec.94-ssec.2) The egg scheme gives effect to particular requirements of the food standards code, standard 4.2.5 Primary production and processing standard for eggs and egg product (Australia only) . At the commencement of this section, the standards were able to be viewed at www.foodstandards.gov.au/code/Pages/default.aspx. See schedules 5 and 6 for other standards applying to food safety requirements under the egg scheme.
The egg scheme applies to eggs and egg products intended for human or animal consumption.
The egg scheme applies to the production of egg scheme produce, including, for example, the following— rearing a bird at an egg production farm for egg production; growing stock food at an egg production farm for consumption by a bird to be used for egg production; producing eggs at an egg production farm, including under a preferred supplier arrangement; storing eggs at an egg production farm, egg processing facility or wholesaler’s premises; transporting eggs or egg products— from an egg producer to an egg processor or wholesaler; or from an egg processor to a wholesaler; or from an egg producer, egg processor or wholesaler to a retailer, manufacturer or commercial premises; or from a wholesaler to an egg processor; or within an egg production farm, egg processing facility or wholesaler’s premises; handling eggs or egg products at an egg production farm, egg processing facility or wholesaler’s premises; washing and grading eggs, including assessing eggs for cracks; off-farm sales of eggs; processing eggs to produce egg products; pasteurising egg products. However, the egg scheme does not apply to the following— growing or supplying stock food at a place other than an egg production farm for consumption by a bird to be used for egg production; transporting stock food at or from a place other than an egg production farm for consumption by a bird to be used for egg production; rearing a bird at a place other than an egg production farm for egg production; rearing a bird as a pet or for show; retail sales of eggs, other than off-farm sales, for human consumption; any other supply of eggs or egg products by a manufacturer or commercial premises. In this section— manufacturer means a person who uses eggs or egg products in manufacturing a product intended for human or animal consumption. off-farm sale means the sale of an egg from an egg production farm direct to the public or a retailer. (sec.96-ssec.1) The egg scheme applies to the production of egg scheme produce, including, for example, the following— rearing a bird at an egg production farm for egg production; growing stock food at an egg production farm for consumption by a bird to be used for egg production; producing eggs at an egg production farm, including under a preferred supplier arrangement; storing eggs at an egg production farm, egg processing facility or wholesaler’s premises; transporting eggs or egg products— from an egg producer to an egg processor or wholesaler; or from an egg processor to a wholesaler; or from an egg producer, egg processor or wholesaler to a retailer, manufacturer or commercial premises; or from a wholesaler to an egg processor; or within an egg production farm, egg processing facility or wholesaler’s premises; handling eggs or egg products at an egg production farm, egg processing facility or wholesaler’s premises; washing and grading eggs, including assessing eggs for cracks; off-farm sales of eggs; processing eggs to produce egg products; pasteurising egg products. (sec.96-ssec.2) However, the egg scheme does not apply to the following— growing or supplying stock food at a place other than an egg production farm for consumption by a bird to be used for egg production; transporting stock food at or from a place other than an egg production farm for consumption by a bird to be used for egg production; rearing a bird at a place other than an egg production farm for egg production; rearing a bird as a pet or for show; retail sales of eggs, other than off-farm sales, for human consumption; any other supply of eggs or egg products by a manufacturer or commercial premises. (sec.96-ssec.3) In this section— manufacturer means a person who uses eggs or egg products in manufacturing a product intended for human or animal consumption. off-farm sale means the sale of an egg from an egg production farm direct to the public or a retailer.
An applicant for a grant or renewal of an accreditation under the egg scheme must prepare— a program under the scheme; or a management statement under the scheme.
The food safety requirements under this part are food safety requirements for the egg scheme. Those requirements are additional to the food safety requirements under chapter 2 , part 5 . However, if an activity mentioned in section 96 (1) (a) or (b) is carried out in a location that is physically separate from where another activity mentioned in section 96 is carried out, the requirement stated in section 42 is the only food safety requirement that applies to the activity. (sec.98-ssec.1) The food safety requirements under this part are food safety requirements for the egg scheme. (sec.98-ssec.2) Those requirements are additional to the food safety requirements under chapter 2 , part 5 . (sec.98-ssec.3) However, if an activity mentioned in section 96 (1) (a) or (b) is carried out in a location that is physically separate from where another activity mentioned in section 96 is carried out, the requirement stated in section 42 is the only food safety requirement that applies to the activity.
For section 41 (2) (f) of the Act , this section applies if an accreditation holder is, or an applicant for a grant of an accreditation proposes to be— an egg producer; or an egg processor. The person’s program or management statement, prepared under the egg scheme, must state the person’s egg production identification. s 99 amd 2019 SL No. 127 s 26 (sec.99-ssec.1) For section 41 (2) (f) of the Act , this section applies if an accreditation holder is, or an applicant for a grant of an accreditation proposes to be— an egg producer; or an egg processor. (sec.99-ssec.2) The person’s program or management statement, prepared under the egg scheme, must state the person’s egg production identification.
An accreditation holder must produce and supply eggs and egg products according to the compulsory standard. Maximum penalty—20 penalty units. However, if an act or omission is an offence under subsection (1) , and is also an offence against another provision of this part, the holder is not liable to be punished for the offence under subsection (1) . (sec.100-ssec.1) An accreditation holder must produce and supply eggs and egg products according to the compulsory standard. Maximum penalty—20 penalty units. (sec.100-ssec.2) However, if an act or omission is an offence under subsection (1) , and is also an offence against another provision of this part, the holder is not liable to be punished for the offence under subsection (1) .
An accreditation holder must not obtain eggs for human or animal consumption from a bird the person knows, or ought reasonably know, is affected by a disease, if the eggs may be unsafe. Maximum penalty—50 penalty units. Salmonella enteritidis
An accreditation holder must not feed stock food to a bird used for egg production if the holder knows, or ought reasonably know, the food may introduce a risk of contaminating the eggs. Maximum penalty—50 penalty units. Without limiting subsection (1) , stock food must not contain microbiological or chemical hazards at levels greater than the MRLs stated in the compulsory standard. (sec.102-ssec.1) An accreditation holder must not feed stock food to a bird used for egg production if the holder knows, or ought reasonably know, the food may introduce a risk of contaminating the eggs. Maximum penalty—50 penalty units. (sec.102-ssec.2) Without limiting subsection (1) , stock food must not contain microbiological or chemical hazards at levels greater than the MRLs stated in the compulsory standard.
An accreditation holder must not supply eggs for human or animal consumption if the holder suspects, or ought reasonably suspect— the eggs have a residue level greater than the MRLs stated in the compulsory standard; or the eggs have been obtained from a bird that has been treated for a disease or illness, if the bird’s treatment does not comply with the Chemical Usage (Agricultural and Veterinary) Control Act 1988 , part 2 . Maximum penalty—50 penalty units.
An accreditation holder who produces eggs must not supply the eggs unless the holder has marked each egg, and each carton or package containing the eggs, with the holder’s egg production identification in the way stated in the holder’s approved program or management statement. Maximum penalty—50 penalty units. An accreditation holder who produces egg products must not supply the products unless the holder has marked each package containing the product with the holder’s egg production identification in the way stated in the holder’s approved program or management statement. Maximum penalty—50 penalty units. (sec.104-ssec.1) An accreditation holder who produces eggs must not supply the eggs unless the holder has marked each egg, and each carton or package containing the eggs, with the holder’s egg production identification in the way stated in the holder’s approved program or management statement. Maximum penalty—50 penalty units. (sec.104-ssec.2) An accreditation holder who produces egg products must not supply the products unless the holder has marked each package containing the product with the holder’s egg production identification in the way stated in the holder’s approved program or management statement. Maximum penalty—50 penalty units.
A person must not supply an egg for sale if the person knows, or ought reasonably know, the shell of the egg— is cracked; or has visible faeces, soil or other matter on the shell. Maximum penalty—50 penalty units. Subsection (1) does not apply if the person supplies the egg to an accreditation holder for processing the egg and pasteurising the egg product. Also, if the person is an accreditation holder, it is a defence for the person to prove the person complied with the person’s approved program or management statement in producing the egg. An accreditation holder who supplies eggs under a preferred supplier arrangement must not supply eggs other than under the arrangement. Maximum penalty for subsection (4) —50 penalty units. (sec.105-ssec.1) A person must not supply an egg for sale if the person knows, or ought reasonably know, the shell of the egg— is cracked; or has visible faeces, soil or other matter on the shell. Maximum penalty—50 penalty units. (sec.105-ssec.2) Subsection (1) does not apply if the person supplies the egg to an accreditation holder for processing the egg and pasteurising the egg product. (sec.105-ssec.3) Also, if the person is an accreditation holder, it is a defence for the person to prove the person complied with the person’s approved program or management statement in producing the egg. (sec.105-ssec.4) An accreditation holder who supplies eggs under a preferred supplier arrangement must not supply eggs other than under the arrangement. Maximum penalty for subsection (4) —50 penalty units.
A person must not supply an egg product the person knows, or ought reasonably know, has not been pasteurised. Maximum penalty—50 penalty units. Subsection (1) does not apply if the person supplies the egg product to an accreditation holder for pasteurising the egg product. (sec.106-ssec.1) A person must not supply an egg product the person knows, or ought reasonably know, has not been pasteurised. Maximum penalty—50 penalty units. (sec.106-ssec.2) Subsection (1) does not apply if the person supplies the egg product to an accreditation holder for pasteurising the egg product.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
If a compulsory standard applies to a food safety requirement for a food safety scheme, a program or management statement under the scheme must comply with the compulsory standard. A program or management statement under the scheme complies with the standard only if the statement adopts and follows at least one of the ways of preventing or managing exposure to a risk stated in the standard. (sec.4-ssec.1) If a compulsory standard applies to a food safety requirement for a food safety scheme, a program or management statement under the scheme must comply with the compulsory standard. (sec.4-ssec.2) A program or management statement under the scheme complies with the standard only if the statement adopts and follows at least one of the ways of preventing or managing exposure to a risk stated in the standard.
If an advisory standard applies to a food safety requirement for a food safety scheme, a program or management statement under the scheme must comply with the advisory standard. A program or management statement under the scheme complies with the standard only if the statement adopts and follows— at least one of the ways of preventing or managing exposure to a risk stated in the standard; or another way that gives the same or a higher level of protection against the risk. (sec.5-ssec.1) If an advisory standard applies to a food safety requirement for a food safety scheme, a program or management statement under the scheme must comply with the advisory standard. (sec.5-ssec.2) A program or management statement under the scheme complies with the standard only if the statement adopts and follows— at least one of the ways of preventing or managing exposure to a risk stated in the standard; or another way that gives the same or a higher level of protection against the risk.
This regulation applies instead of a compulsory standard or an advisory standard to the extent of any inconsistency.
Standards hierarchy: If a compulsory or advisory standard applies, the program/statement must adopt at least one of the prescribed ways to control the risk (secs.4–5). Where this regulation conflicts with a compulsory/advisory standard, the regulation prevails to the extent of inconsistency (sec.6).
Record keeping and traceability: Accreditation holders must keep sufficient records to show compliance and to allow tracing of product and relevant inputs; retention periods are specified (sec.19 and scheme-specific record rules e.g. secs.108–109, 160–163, 201).
Audits and risk tiers: Activities are placed into risk categories (low/medium/high) by schedule (sec.48). Audit frequencies, for grant and renewal, differ by risk category and are strictly timed (secs.50–55). Safe Food can vary audit frequency in some circumstances (sec.56). Auditors must issue corrective action requests (CARs) for major nonconformances and act immediately for critical nonconformances (secs.57–58).
Program amendments and regulatory oversight: Safe Food may require amendments to approved programs/management statements following a prescribed notice, show‑cause and decision process (secs.20–23). Holders may make minor (non‑significant) changes without approval; significant changes require prior approval (secs.24–26).
Public register and transparency: Safe Food must maintain a public accreditations register with contact and activity details (sec.7) and make it available for inspection or publish online (sec.9).
Fees, exemptions and payments: Fees are prescribed for grants, renewals and auditor approvals; some classes (schools, specified preferred supplier egg/poultry arrangements) are exempt (secs.29–33, 30). Renewal fees are payable yearly (sec.33). Safe Food may waive fees for auditor approvals for certain public employees (sec.32).
Scheme‑specific rules: For each commodity the regulation sets additional, scheme‑specific obligations that sit alongside the general rules. Examples:
Who pays, who decides, and what behaviour changes
Who pays: accreditation applicants/holders pay application and accreditation fees (sec.29); laboratories, equipment, additional staff training and record-keeping are private costs; Safe Food may recover costs of check audits from holders (sec.46). Penalties for noncompliance are payable by the responsible holder or person (various penalty amounts listed throughout).
Who decides: Safe Food decides whether programs/management statements are acceptable, may require amendments and may vary audit frequency (secs.12, 20–26, 56). Approved auditors decide whether nonconformances are major or critical and must issue CARs (secs.57–58).
Behaviour changes required: prospective and current accreditation holders must: prepare and follow written programs/management statements; conduct risk assessments; implement monitoring, validation and corrective actions; keep defined records; notify Safe Food of suspected failures immediately (sec.36); submit to scheduled audits; maintain premises/equipment/transport and labelling standards; and follow scheme‑specific testing and traceability rules.
Official purpose and a brief practical test of effects
Official purpose claim: the regulation gives effect to particular Food Standards Code requirements and implements a single, enforceable set of rules across primary-produce sectors (see ch.3–ch.7 scheme purposes such as secs.60,94,110,116,184).
Practical tests against costs, incentives and trade-offs:
Compliance and enforcement architecture — quick facts
If you want, I can:
Safe Food must keep a register (the accreditations register ) of accreditation holders. The accreditations register must contain, for each accreditation holder— the holder’s accreditation number; and if the holder is an egg producer or an egg processor—the holder’s egg production identification; and the contact details for the holder’s business, including the business name, address and phone number of the business; and the name and business address of the proprietor of the holder’s business; and details of the predominant activities of the holder’s business; and the location of all premises approved under the accreditation for use for the production of primary produce. The accreditations register may contain other information about an accreditation holder that Safe Food considers necessary or desirable for the effective administration of the Act . The accreditations register may also contain information about a former accreditation holder, including whether the former accreditation holder’s accreditation was cancelled or not renewed. However, the information for a former accreditation holder must be removed from the accreditations register within 1 year after the former accreditation holder’s accreditation was cancelled or not renewed. In this section— former accreditation holder means a person who was an accreditation holder under a food safety scheme but is no longer accredited under the scheme because the person’s accreditation was cancelled or not renewed. (sec.7-ssec.1) Safe Food must keep a register (the accreditations register ) of accreditation holders. (sec.7-ssec.2) The accreditations register must contain, for each accreditation holder— the holder’s accreditation number; and if the holder is an egg producer or an egg processor—the holder’s egg production identification; and the contact details for the holder’s business, including the business name, address and phone number of the business; and the name and business address of the proprietor of the holder’s business; and details of the predominant activities of the holder’s business; and the location of all premises approved under the accreditation for use for the production of primary produce. (sec.7-ssec.3) The accreditations register may contain other information about an accreditation holder that Safe Food considers necessary or desirable for the effective administration of the Act . (sec.7-ssec.4) The accreditations register may also contain information about a former accreditation holder, including whether the former accreditation holder’s accreditation was cancelled or not renewed. (sec.7-ssec.5) However, the information for a former accreditation holder must be removed from the accreditations register within 1 year after the former accreditation holder’s accreditation was cancelled or not renewed. (sec.7-ssec.6) In this section— former accreditation holder means a person who was an accreditation holder under a food safety scheme but is no longer accredited under the scheme because the person’s accreditation was cancelled or not renewed.
This section applies to an accreditation holder if a change happens in the holder’s business that is likely to result in information in the accreditations register being incomplete or inaccurate. The holder must, within 14 days after the change in the holder’s business happens, give Safe Food written notice of the change, unless the holder has a reasonable excuse. Maximum penalty—20 penalty units. (sec.8-ssec.1) This section applies to an accreditation holder if a change happens in the holder’s business that is likely to result in information in the accreditations register being incomplete or inaccurate. (sec.8-ssec.2) The holder must, within 14 days after the change in the holder’s business happens, give Safe Food written notice of the change, unless the holder has a reasonable excuse. Maximum penalty—20 penalty units.
Safe Food must keep the accreditations register, or a copy of the accreditations register, available for inspection, free of charge, by members of the public at Safe Food’s head office. At the commencement of this section, Safe Food’s head office was at 12 Helen Street, Newstead, Brisbane. Safe Food may publish a copy of the accreditations register on Safe Food’s website. At the commencement of this section, Safe Food’s website was www.safefood.qld.gov.au. (sec.9-ssec.1) Safe Food must keep the accreditations register, or a copy of the accreditations register, available for inspection, free of charge, by members of the public at Safe Food’s head office. At the commencement of this section, Safe Food’s head office was at 12 Helen Street, Newstead, Brisbane. (sec.9-ssec.2) Safe Food may publish a copy of the accreditations register on Safe Food’s website. At the commencement of this section, Safe Food’s website was www.safefood.qld.gov.au.
A certificate purporting to be signed by Safe Food’s chief executive officer about the contents of the accreditations register is evidence of the matters stated in the certificate.
This section applies to an applicant for a grant or renewal of an accreditation under a food safety scheme. The applicant must prepare a program or a management statement, as required under the scheme, for each aspect of the activities carried out, or proposed to be carried out, by the applicant in connection with the production of primary produce for which— the scheme applies; and the applicant is applying for accreditation. For the requirement for a program or management statement— for the dairy scheme—see section 64 for the egg scheme—see section 97 for the horticulture scheme—see section 113 for the meat scheme—see section 119 for the seafood scheme—see section 187 . Without limiting subsection (2) , a program must state, in addition to the requirements in section 41 (2) of the Act , how the applicant will comply with each food safety requirement applying to the applicant’s activities for the scheme. See also section 204 for the program of an applicant engaging in the production of bivalve molluscs under the seafood scheme. (sec.11-ssec.1) This section applies to an applicant for a grant or renewal of an accreditation under a food safety scheme. (sec.11-ssec.2) The applicant must prepare a program or a management statement, as required under the scheme, for each aspect of the activities carried out, or proposed to be carried out, by the applicant in connection with the production of primary produce for which— the scheme applies; and the applicant is applying for accreditation. For the requirement for a program or management statement— for the dairy scheme—see section 64 for the egg scheme—see section 97 for the horticulture scheme—see section 113 for the meat scheme—see section 119 for the seafood scheme—see section 187 . (sec.11-ssec.3) Without limiting subsection (2) , a program must state, in addition to the requirements in section 41 (2) of the Act , how the applicant will comply with each food safety requirement applying to the applicant’s activities for the scheme. See also section 204 for the program of an applicant engaging in the production of bivalve molluscs under the seafood scheme.
This section applies to an applicant for a grant or renewal of an accreditation if the applicant prepares or maintains a management statement for the accreditation. Safe Food may grant or renew the accreditation only if satisfied the management statement— identifies significant food safety hazards associated with the production of primary produce carried out by the person; and states how the hazards are to be monitored and controlled; and states how the person will comply with each food safety requirement applying to the person’s activities under the scheme. If Safe Food grants the accreditation, the applicant’s management statement becomes the approved management statement for the accreditation. (sec.12-ssec.1) This section applies to an applicant for a grant or renewal of an accreditation if the applicant prepares or maintains a management statement for the accreditation. (sec.12-ssec.2) Safe Food may grant or renew the accreditation only if satisfied the management statement— identifies significant food safety hazards associated with the production of primary produce carried out by the person; and states how the hazards are to be monitored and controlled; and states how the person will comply with each food safety requirement applying to the person’s activities under the scheme. (sec.12-ssec.3) If Safe Food grants the accreditation, the applicant’s management statement becomes the approved management statement for the accreditation.
An accreditation holder must maintain the holder’s approved program or approved management statement. The holder must comply with the program or management statement. Maximum penalty—50 penalty units. The holder must keep a copy of the management statement at each place to which the statement relates. Maximum penalty for subsection (3) —20 penalty units. (sec.13-ssec.1) An accreditation holder must maintain the holder’s approved program or approved management statement. (sec.13-ssec.2) The holder must comply with the program or management statement. Maximum penalty—50 penalty units. (sec.13-ssec.3) The holder must keep a copy of the management statement at each place to which the statement relates. Maximum penalty for subsection (3) —20 penalty units.
This division prescribes, for section 41 (2) (f) of the Act , other information to be contained in an applicant’s or accreditation holder’s program.
This section applies to significant food safety hazards associated with the production of primary produce that are identified in the program. The program must, for each hazard— give details of an assessment (a risk assessment ) of the risks associated with the hazard, including— each method considered to control the risks associated with the hazard to achieve an acceptable level of risk; and the control measures; and identify each critical control point. (sec.15-ssec.1) This section applies to significant food safety hazards associated with the production of primary produce that are identified in the program. (sec.15-ssec.2) The program must, for each hazard— give details of an assessment (a risk assessment ) of the risks associated with the hazard, including— each method considered to control the risks associated with the hazard to achieve an acceptable level of risk; and the control measures; and identify each critical control point.
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