Part 1 Preliminary

Part 1 Preliminary

1 Name of regulation

1 Name of regulation

This regulation is the Food Regulation 2025.

2 Commencement

2 Commencement

This regulation commences as follows—

(a) for Schedule 9[1] and [2]—on 1 March 2026,

(b) for Schedule 9[3]–[11]—on 12 February 2026,

(c) otherwise—on 1 September 2025.

Note—

This regulation replaces the Food Regulation 2015, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions

3 Definitions

The dictionary in Schedule 10 defines words used in this regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

4 Enforcement agencies

4 Enforcement agencies

(1) For the Act, section 4(1), definition of enforcement agency, paragraph (c), the Lord Howe Island Board constituted by the Lord Howe Island Act 1953 is prescribed for Lord Howe Island.

(2) For the Act, sections 93, 95 and 100, the Food Authority is prescribed as the appropriate enforcement agency.

(3) For the Act, section 100, if a local council is appointed as an enforcement agency under the Act, Part 9, Division 2, the local council is prescribed as the appropriate enforcement agency for the area for which the council is appointed as an enforcement agency.

(4) For the Act, section 100, the Secretary of the Department of Climate Change, Energy, the Environment and Water is the appropriate enforcement agency for Kosciuszko National Park.

(5) To avoid doubt, if more than one appropriate enforcement agency is prescribed for the Act, section 100, the proprietor of a food business may give notice under the Act, section 100 to any appropriate enforcement agency.

5 AUS-MEAT manual

5 AUS-MEAT manual

For the Act, section 23B(5), definition of AUS-MEAT manual, the AUS-MEAT Domestic Retail Beef Register, Edition 4—Version 1, published by AUS-MEAT Limited (ACN 082 528 881) in May 2019 is prescribed as a replacement document.

6 Modification of Food Standards Code—the Act, s 141

6 Modification of Food Standards Code—the Act, s 141

(1) A reference in the Food Standards Code—

(a) to the relevant authority is to be read as a reference to the Food Authority, and

(b) to the Act is to be read as a reference to the Food Act 2003, and

(c) to the appropriate enforcement agency is to be read as a reference to the Food Authority, and

(d) to demonstrate is to be read as a reference to demonstrate to the satisfaction of the Food Authority.

(2) The Food Standards Code, Standard 3.2.2, clause 4, is modified by inserting after subclause (3) the following subclause—

(4) Subclause (1) does not apply to a food business in relation to food handling operations for fundraising events which are events—

(a) with the purpose of raising funds solely for community or charitable causes and not for personal financial gain; and

(b) at which all the food sold is not potentially hazardous or is intended to be consumed immediately after thorough cooking.

Note—

Other modifications of the Food Standards Code that relate to a particular food safety scheme are contained in the part of this regulation that establishes the scheme.

7 Notification of food handling operations—the Act, s 139(1)(d)

7 Notification of food handling operations—the Act, s 139(1)(d)

The proprietor of a food business must give written notice under the Act, section 100(1) of the information specified in the Food Standards Code, Standard 3.2.2, clause 4—

(a) in hard copy, or

(b) electronically.

Part 2 Food safety supervisors

Part 2 Food safety supervisors

Division 1 Food safety supervisor certificates

Division 1 Food safety supervisor certificates

8 Definition

8 Definition

In this part—

required units of competency—see section 11(1)(a).

9 Modification of Food Standards Code

9 Modification of Food Standards Code

(1) For the Act, section 141(1), the Food Standards Code, Standard 3.2.2A is modified as follows—

(a) by omitting the definitions of food safety supervisor and food safety supervisor certificate from section 3.2.2A—2,

(b) by omitting “, 3.2.2A—11” from section 3.2.2A—8,

(c) by omitting “sections 3.2.2A—10 and 3.2.2A—11” from section 3.2.2A—9 and inserting instead “section 3.2.2A—10”,

(d) by omitting section 3.2.2A—11.

(2) The Food Standards Code, Standard 3.2.2A is modified by omitting section 3.2.2A—3(2) and inserting instead—

(2) This Standard does not apply to the following—

(a) food businesses licensed under the Act,

(b) the handling or sale of food for the purposes of raising funds solely for community or charitable causes.

10 Food Authority may issue food safety supervisor certificates—the Act, s 106B(3)

10 Food Authority may issue food safety supervisor certificates—the Act, s 106B(3)

The Food Authority is prescribed as a body that may issue a food safety supervisor certificate.

11 Qualifications for issue of food safety supervisor certificate—the Act, s 106B(4) and (5)

11 Qualifications for issue of food safety supervisor certificate—the Act, s 106B(4) and (5)

(1) The Food Authority may, for the purposes of determining the qualifications a person must have to be issued with a food safety supervisor certificate, determine the following—

(a) the units of competency (the required units of competency) that a person must attain,

(b) the way in which a person must attain the required units of competency.

(2) The Food Authority must publish its determinations under subsection (1)(a) or (b) on the Authority’s website.

(3) The Food Authority may, at any time after making a determination under subsection (1)(a) or (b)—

(a) amend the determination, or

(b) replace the determination with a new determination.

(4) If the Food Authority amends or replaces a determination, the amendment or replacement does not affect required units of competency attained in accordance with a determination of the Food Authority that was in effect when the units were attained.

12 Issue of food safety supervisor certificates by approved training organisations—the Act, s 106B(4)

12 Issue of food safety supervisor certificates by approved training organisations—the Act, s 106B(4)

An approved training organisation may issue a food safety supervisor certificate to a person if the organisation is satisfied—

(a) the person has attained the required units of competency in accordance with any determination of the Food Authority under section 11(1)(b) in effect at the time the person attained the required units of competency—

(b) the person attained the required units of competency—

(i) from the organisation, and

(ii) within the period of 6 months immediately before the day the organisation issues the certificate, and

(iii) when the organisation was an approved training organisation.

s 12: Am 2025 (429), Sch 9[1].

13 Issue of food safety supervisor certificates by Food Authority—the Act, s 106B(4)

13 Issue of food safety supervisor certificates by Food Authority—the Act, s 106B(4)

The Food Authority may issue a food safety supervisor certificate to a person if the Authority is satisfied—

(a) the person has attained the required units of competency in accordance with any determination of the Food Authority under section 11(1)(b) in effect at the time the person attained the required units of competency, and

(b) the person attained the required units of competency within the period of 6 months immediately before the day the person applied to the Food Authority for the certificate, and

(c) the certificate could not be issued by an approved training organisation because—

(i) the entity from which the person attained the required units of competency was not an approved training organisation when the units were attained, or

(ii) the entity from which the person attained the required units of competency was an approved training organisation at the time the person attained the units, but at the time of the application—

(A) the entity has ceased to exist, or

(B) the entity’s approval as an approved training organisation has been suspended or revoked.

s 13: Am 2025 (429), Sch 9[2].

14 Form of food safety supervisor certificate—the Act, s 106B(4)

14 Form of food safety supervisor certificate—the Act, s 106B(4)

A food safety supervisor certificate must—

(a) be issued in the form approved by the Food Authority, and

(b) include an identifying number assigned by the Food Authority.

15 Charges for issue of food safety supervisor certificates—the Act, s 106I

15 Charges for issue of food safety supervisor certificates—the Act, s 106I

(1) An approved training organisation must pay a charge of $30 to the Food Authority for the issue of a food safety supervisor certificate by the organisation.

(2) The Food Authority or an approved training organisation may impose a fee or charge of not more than $30 for the issue of a food safety supervisor certificate to a person.

Division 2 Approval of registered training organisations to issue food safety supervisor certificates—the Act, s 106H

Division 2 Approval of registered training organisations to issue food safety supervisor certificates—the Act, s 106H

16 Definition

16 Definition

In this division—

approval means an approval of a registered training organisation as an approved training organisation granted by the Food Authority under the Act, section 106H in accordance with this division.

17 Approval of registered training organisations to issue food safety supervisor certificates—the Act, s 106H(2) and (3)

17 Approval of registered training organisations to issue food safety supervisor certificates—the Act, s 106H(2) and (3)

(1) A registered training organisation may apply to the Food Authority for approval under the Act, section 106H as an approved training organisation for the purposes of issuing food safety supervisor certificates.

(2) The application must be—

(a) in the approved form, and

(b) accompanied by—

(i) the information required by the Food Authority to decide the application, and

(ii) an application fee of $100, and

(iii) an approval fee of $1,200.

(3) The Food Authority may decide the application by—

(a) granting the application, with or without conditions, or

(b) refusing the application.

(4) If the Food Authority grants the application, the Authority must issue the applicant with a written approval setting out any conditions to which the approval is subject.

(5) If the Food Authority refuses the application, the Authority must—

(a) give written notice of the refusal to the applicant setting out the reasons for the refusal, and

(b) refund to the applicant the approval fee lodged with the application.

(6) This section applies to an application for renewal of an approval under the Act, section 106H in the same way as it applies to an application for an approval.

(7) No application fee is payable in relation to an application for renewal of an approval.

(8) A registered training organisation must not conduct training and assessment for the issue of a food safety supervisor certificate unless the organisation is an approved training organisation.

(9) In this section—

registered training organisation means a registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.

18 Duration and renewal of approval—the Act, s 106H

18 Duration and renewal of approval—the Act, s 106H

(1) An approval remains in force for 12 months from the date on which the approval is granted, unless sooner cancelled.

(2) An approval may be renewed in accordance with this division.

(3) An approval does not have effect while the approval is suspended.

19 Additional conditions of approval to issue food safety supervisor certificates—the Act, s 106H(3)(c)

19 Additional conditions of approval to issue food safety supervisor certificates—the Act, s 106H(3)(c)

(1) It is a condition of an approval that the approved training organisation must ensure an individual does not carry out training and assessment on the organisation’s behalf for the issue of a food safety supervisor certificate unless the Food Authority has given the organisation written approval for the individual to carry out the training and assessment.

(2) For the purposes of the condition imposed under subsection (1)—

(a) the Food Authority must not approve an individual to carry out training and assessment on behalf of the approved training organisation unless the Authority is satisfied the individual meets the requirements of the Standards for Registered Training Organisations made under the National Vocational Education and Training Regulator Act 2011 of the Commonwealth, and

(b) the approved training organisation must—

(i) give, in the approved form, the Food Authority any documents or information required by the Authority to determine whether to approve the individual to carry out training and assessment on the organisation’s behalf, and

(ii) obtain the consent of the individual to give the documents or information to the Food Authority.

20 Variation, suspension and revocation of approvals—106H(2) and (3)(e)

20 Variation, suspension and revocation of approvals—106H(2) and (3)(e)

(1) The Food Authority may—

(a) vary a condition imposed by the Authority on an approval, or

(b) impose a condition on an approval, or

(c) suspend or revoke an approval.

(2) Before taking an action under subsection (1), the Food Authority must give the approved training organisation to whom the approval applies written notice (a notice of intention) setting out—

(a) details of the action the Authority is proposing to take, and

(b) the reasons for the proposed action.

(3) The notice of intention must include a statement that the approved training organisation may make submissions to the Food Authority in relation to the proposed action within 14 days after the date the notice of intention is given to the organisation (the submission period).

(4) Subsections (2) and (3) do not apply in relation to—

(a) the variation or imposition of a condition that is made at the request of the approved training organisation, or

(b) the revocation of an approval that is made at the request of the approved training organisation.

(5) After considering any submissions made by the approved training organisation within the submission period, the Food Authority must decide whether to take the proposed action.

(6) If the Food Authority decides to take the proposed action, the Authority must serve written notice (an action notice) on the approved training organisation setting out the following—

(a) for the variation of a condition of the approval—the condition as varied,

(b) for the imposition a condition on the approval—the condition imposed,

(c) for the suspension of the approval—the period for which the approval is suspended,

(d) for a revocation of the approval—that the approval has been revoked,

(e) the reasons for the variation, imposition, suspension or revocation.

(7) The variation or imposition of a condition, or the suspension or revocation of an approval, under this section takes effect on—

(a) the day on which the action notice is served on the approved training organisation, or

(b) a later day specified in the action notice.

Division 3 Miscellaneous

Division 3 Miscellaneous

21 Meaning of “prepackaged food”

21 Meaning of “prepackaged food”

(1) For the Act, section 106A(c), food is prepackaged if the food—

(a) arrives at the premises from which it is to be sold in a container or wrapper in or by which the food is wholly encased, enclosed, contained or packaged, whether or not the food is also in an outer container or wrapper, and

(b) is not removed from the food’s container or wrapper, other than an outer container or wrapper, before the food is sold at the premises.

(2) In this section—

outer container or wrapper means a container or wrapper that encases, encloses, contains or packages multiple units of the food.

22 Exemptions from the Act, Part 8, Division 3

22 Exemptions from the Act, Part 8, Division 3

For the Act, section 106J(1), the following are exempt from the operation of the Act, Part 8, Division 3—

(a) food businesses licensed under the Act,

(b) the handling or sale of food for the purposes of raising funds solely for community or charitable causes.

Part 3 Requirements for display of nutritional information

Part 3 Requirements for display of nutritional information

23 Definitions

23 Definitions

In this part—

convenience store does not include a supermarket.

nutrition information panel means a nutrition information panel that complies with the requirements for nutrition information panels in the Food Standards Code, Standard 1.2.8, Division 2.

supermarket means premises in which more than 1,000m2 of floor area is used for the retail sale of grocery items, including all the following items—

(a) bread,

(b) breakfast cereal,

(c) butter,

(d) eggs,

(e) flour,

(f) fresh fruit and vegetables,

(g) fresh milk,

(h) meat,

(i) rice,

(j) sugar,

(k) packaged food other than food referred to in paragraphs (a)–(j).

24 Meaning of “prepackaged food”

24 Meaning of “prepackaged food”

(1) For the Act, section 106L(4), food is prepackaged if the food—

(a) arrives at the premises from which it is to be sold in a container or wrapper in or by which the food is wholly encased, enclosed, contained or packaged, whether or not the food is also in an outer container or wrapper, and

(b) is not removed from the food’s container or wrapper, other than an outer container or wrapper, before the food is sold at the premises.

(2) In this section—

outer container or wrapper means a container or wrapper that encases, encloses, contains or packages multiple units of the food.

25 Standard food outlets required to display nutritional information

25 Standard food outlets required to display nutritional information

For the Act, section 106N(1), the following standard food outlets are prescribed—

(a) a standard food outlet of a food business that sells standard food items at—

(i) 20 or more locations in New South Wales, or

(ii) 50 or more locations in Australia,

(b) a standard food outlet of a food business operating in a chain of food businesses that sell standard food items if, collectively, the businesses sell standard food items at—

(i) 20 or more locations in New South Wales, or

(ii) 50 or more locations in Australia.

26 Nutritional information required to be displayed

26 Nutritional information required to be displayed

(1) For the Act, section 106N(2), the following kinds of nutritional information are prescribed—

(a) for a standard food outlet that is not a supermarket—the average energy content of the whole of each standard food item for sale by the standard food outlet expressed in kilojoules,

(b) for a standard food outlet that is a supermarket—the average energy content of the whole or 100g of each standard food item for sale by the standard food outlet expressed in kilojoules,

(c) for all standard food outlets—the following statement—

The average adult daily energy intake is 8,700 kJ.

(2) The method of determining the nutritional information referred to in subsection (1)(a) or (b) is, in accordance with the Food Standards Code, Standard 1.2.8 and section S11-2, to calculate the average energy content, expressed in kilojoules, of—

(a) the whole of the standard food item, or

(b) 100g of the item.

(3) If the average energy content is calculated for the whole of a standard food item, the average energy content must be calculated in accordance with the Food Standards Code, Standard 1.2.8 and section S11-2, making necessary adjustments to ensure the calculation is made in relation to the whole of the item instead of for 100g of the item.

(4) The number of kilojoules calculated as referred to in subsection (2) may be rounded to the nearest 10kJ.

27 Nutritional information voluntarily displayed to comply with requirements

27 Nutritional information voluntarily displayed to comply with requirements

(1) For the Act, section 106O, the prescribed kind of nutritional information is the energy content of—

(a) a standard food item for sale at a standard food outlet, or

(b) a part or an amount of a standard food item for sale at a standard food outlet.

(2) The nutritional information must be determined—

(a) in accordance with the Food Standards Code, Standard 1.2.8 and section S11-2, and

(b) by calculating—

(i) for a standard food item for sale at a standard food outlet that is not a supermarket—the average energy content of the whole of the standard food item expressed in kilojoules, or

(ii) for a standard food item for sale at a standard food outlet that is a supermarket—the average energy content of the whole of the standard food item, or 100g of the standard food item, expressed in kilojoules.

(3) If the average energy content is calculated for the whole of a standard food item, the average energy content must be calculated in accordance with the Food Standards Code, Standard 1.2.8 and section S11-2, making necessary adjustments to ensure the calculation is made for the whole of the item instead of for 100g of the standard food item.

(4) The number of kilojoules calculated as referred to in subsection (2)(b) may be rounded to the nearest 10kJ.

28 Locations for display of nutritional information

28 Locations for display of nutritional information

(1) For the Act, sections 106N(2)(c) and 106O(2)(b), nutritional information referred to in sections 26(1)(a) and (b) and 27(1) must be displayed in relation to a standard food item in the following locations—

(a) on each menu on which the name or price of the standard food item is displayed,

(b) on each price tag, price label, identifying tag and identifying label for the item,

(c) adjacent to or near the name or price of the standard food item in a way clearly associated with the item,

(d) if there are drive-through facilities—

(i) on the drive-through menu board on which the name or price of the standard food item is displayed, or

(ii) on a separate board adjacent to the menu board and visible at or before the point of ordering.

(2) The locations where nutritional information is displayed as referred to in subsection (1) in relation to a standard food item must be consistent with the locations the nutritional information is displayed for the other standard food items displayed with the standard food item.

(3) For the Act, section 106N(2)(c), the statement referred to in section 26(1)(c) must be displayed in the following locations—

(a) on each menu on which the name or price of one or more standard food items is displayed and adjacent to or near the standard food item or items in a way clearly associated with the item or items,

(b) in each area or display cabinet, or on each stand, where standard food items are displayed with price tags or labels, or identifying tags or labels, and adjacent to or near the item or items in a way clearly associated with the item or items and conspicuous to a person looking at the item or items,

(c) if there are drive-through facilities—on the drive-through menu board adjacent to or near the standard food item or items in a way clearly associated with the item or items.

29 Displaying nutritional information

29 Displaying nutritional information

(1) For the Act, sections 106N(2)(c) and 106O(2)(b), the nutritional information referred to in sections 26(1)(a) and (b) and 27(1) must—

(a) be legible, and

(b) display the number of kilojoules in numerals and use the abbreviation “kJ”, and

(c) for a standard food outlet that is not a supermarket—

(i) be in the same font, and at least the same font size, as the price displayed for the standard food item, or

(ii) if no price is displayed—be in the same font, and at least the same font size, as the name displayed for the item, and

(d) for a standard food outlet that is a supermarket—be in the same font, and at least the same font size as—

(i) the price displayed for the standard food item, or

(ii) the unit price displayed for the item, which is the price per unit of measurement.

(2) For the Act, section 106N(2)(c), the statement referred to in section 26(1)(c) must—

(a) be legible, and

(b) if only 1 standard food item is displayed on a menu—

(i) be in the same font, and at least the same font size, as the name of the item displayed, or

(ii) if no name is displayed—be in the same font, and at least the same font size, as the price displayed for the item, and

(c) if a number of standard food items are listed or displayed on a menu—

(i) be in the same font, and at least the same font size, as the name of the standard food item with the largest font size listed or displayed, or

(ii) if no names are listed or displayed—be in the same font, and at least the same font size, as the price of the standard food item with the largest font size listed or displayed, and

(d) if a standard food item or items are displayed with a price tag or label or identifying tag or label in an area, display cabinet or stand—be in at least the same font size as the largest font size on the tags or labels for the standard food item or items in the area, display cabinet or stand.

30 Exemptions—the Act, s 106Q

30 Exemptions—the Act, s 106Q

(1) The following food businesses are exempt from the operation of the Act, section 106N—

(a) convenience stores,

(b) service stations selling petrol or other fuel for motor vehicles,

(c) food businesses that primarily supply food catering services,

(d) food businesses that only sell food intended to be consumed on the premises at which the food is sold.

(2) Food sold by retail at a health care facility is exempt from the operation of the Act, section 106N.

(3) A food business is exempt from the operation of the Act, section 106N in relation to a standard food item for a period of not more than 60 consecutive days during which the item is sold by the food business on a trial basis if—

(a) not more than 5 standard food outlets of the food business in New South Wales sell the item during the period or part of the period, and

(b) the item has not been sold before the period by the food business in one or more of the standard food outlets.

(4) A supermarket is exempt from the operation of the Act, sections 106N and 106O in relation to a standard food item if—

(a) the item is displayed for sale as an individual item and is in a package on which a nutrition information panel for the item is conspicuously displayed, or

(b) the item is displayed for sale as part of a combination of standard food items and all of the standard food items in the combination are in one or more packages on which nutrition information panels for each item in the combination are conspicuously displayed.

Part 4 Food safety schemes—general provisions

Part 4 Food safety schemes—general provisions

31 Definitions

31 Definitions

In this part—

food business means—

(a) a dairy business within the meaning of section 52, or

(b) a meat business within the meaning of section 70, or

(c) a plant products business within the meaning of section 114, or

(d) a seafood business within the meaning of section 124, or

(e) a vulnerable persons food business within the meaning of section 151, or

(f) an egg business within the meaning of section 159.

licence means a licence to carry on a food business granted under section 35.

licence fee, in relation to a licence, means the fee determined for the licence in accordance with section 42.

32 Food business to be licensed—the Act, s 102

32 Food business to be licensed—the Act, s 102

A person must not carry on a food business unless the person holds a licence authorising the carrying on of the food business.

33 Application for licence—the Act, ss 102 and 139(1)(a) and (c1) and (2A)

33 Application for licence—the Act, ss 102 and 139(1)(a) and (c1) and (2A)

(1) A person may apply to the Food Authority for a licence to carry on a food business.

(2) The application must—

(a) be in the approved form, and

(b) unless the Food Authority waives the payment of the application fee—be accompanied by an application fee of $85, and

(c) comply with the other requirements of this regulation relating to applications for licences for the type of food business, and

(d) be accompanied by the licence fee calculated by the applicant in accordance with the information given in the application form, not including a licence fee under Part 8, Division 6, and

(e) be accompanied by the information required by the Food Authority to decide the application.

(3) The Food Authority may require the applicant to give further information if the Authority considers the information is necessary for deciding the application.

(4) The Food Authority may waive the payment of the application fee by an applicant or by a class of applicants.

34 Inspections by Food Authority before deciding applications for licences

34 Inspections by Food Authority before deciding applications for licences

(1) The Food Authority may, before deciding an application for a licence, arrange for an authorised officer to inspect—

(a) the premises and equipment involved in the food business, and

(b) the activities carried on by the food business.

(2) The Food Authority may, before deciding an application for a licence, arrange for a food safety auditor to carry out the following—

(a) an audit of the food safety program, or proposed food safety program, for the food business,

(b) an assessment of the food business to ascertain the business’ compliance with the requirements of the Food Safety Standards.

(3) The Food Authority may require an applicant for a licence authorising the operation of a vehicle to present the vehicle for inspection by the Food Authority at a time and place determined by the Food Authority.

(4) In this section—

Food Safety Standards includes the standards contained in the Food Standards Code that are relevant to the business.

35 Deciding applications for licences

35 Deciding applications for licences

(1) The Food Authority may decide an application for a licence by—

(a) granting the licence, with or without conditions, or

(b) refusing to grant the licence.

(2) Without limiting the grounds on which the Food Authority may refuse to grant the licence, the Authority may refuse to grant the licence if the Authority considers—

(a) there should be a food safety program for one or more of the food businesses proposed to be licensed and there is no food safety program, or

(b) the food safety program for one or more of the food businesses proposed to be licensed does not comply with the requirements of—

(i) the Food Standards Code, or

(ii) this regulation.

(3) If the Food Authority grants the licence but considers the applicant wrongly calculated the licence fee that accompanied the application, the Food Authority must—

(a) if the fee that accompanied the application was more than the correct fee—refund the amount of overpayment to the applicant, or

(b) otherwise—give the applicant written notice of the additional amount required to be paid that includes a statement that the Food Authority may refuse to issue the licence until the amount is paid.

(4) If the Food Authority grants the licence, the Food Authority must issue the licence to the applicant in a form that sets out the following—

(a) the activities authorised by the licence,

(b) the premises or vehicles on or in which the activities may be conducted,

(c) the conditions of the licence.

(5) If the Food Authority refuses to grant the licence, the Food Authority must—

(a) give the applicant written notice of the refusal—

(i) setting out the reasons for the refusal, and

(ii) informing the applicant of the applicant’s rights of review under this regulation, and

(b) refund to the applicant any licence fee or levy that accompanied the application.

36 Duration of licences

36 Duration of licences

(1) A licence is in force for a period of 12 months starting on the date the licence is issued or last renewed, unless the licence is sooner cancelled.

(2) A licence has no effect during a period of suspension.

(3) Despite subsection (1), if an application for renewal of a licence is made in accordance with this regulation but the application is not finally determined before the expiry of the licence, the licence continues in force until the application is finally determined, unless the licence is sooner cancelled.

37 Additional conditions of licences—the Act, s 102(2)(g)

37 Additional conditions of licences—the Act, s 102(2)(g)

(1) It is a condition of a licence that the holder of the licence must ensure the provisions of the Act and this regulation, and the relevant provisions of the Food Standards Code, are complied with in relation to—

(a) the carrying on of activities authorised by the licence, and

(b) premises or vehicles to which the licence relates.

(2) It is a condition of a licence for a food business that involves the handling of food that is eggs and is primary food production that the holder of the licence complies with Schedule 8.

38 Variation of terms and conditions of licence—the Act, s 102(2)(g)

38 Variation of terms and conditions of licence—the Act, s 102(2)(g)

(1) The Food Authority may, at any time—

(a) vary a term of a licence or a condition imposed by the Food Authority on a licence, or

(b) impose additional conditions on the licence.

(2) Before taking an action in relation to a licence under subsection (1), the Food Authority must give the holder of the licence written notice (a notice of intention) setting out—

(a) details of the action the Authority is proposing to take, and

(b) the reasons for the proposed action.

(3) The notice of intention must include a statement that the licence holder may make submissions to the Food Authority in relation to the proposed action within 14 days after the date the notice of intention is given to the licence holder (the submission period).

(4) Subsections (2) and (3) do not apply if—

(a) the variation of the term or condition is at the request of the licence holder, or

(b) the imposition of the condition is at the request of the licence holder.

(5) After considering any submissions made by the licence holder within the submission period, the Food Authority must decide whether to take the proposed action.

(6) If the Food Authority decides to take the proposed action, the Authority must serve written notice (an action notice) on the licence holder setting out the following—

(a) for the variation of a term or condition of the licence—the term or condition as varied and the reasons for the variation of the term or condition,

(b) for the imposition of a condition on the licence—the condition imposed and the reasons for the imposition of the condition,

(c) the licence holder’s rights of review under this regulation.

(7) The variation of a term or condition of a licence, or the imposition of a condition on a licence, under this section takes effect on—

(a) the day on which the action notice is served on the licence holder, or

(b) a later day specified in the action notice.

(8) If a licence holder applies to vary a term or condition of the licence, or to impose a condition on the licence, the Food Authority may charge the licence holder the following—

(a) an application fee of not more than $85,

(b) if the Authority considers an inspection or audit is required for the Authority to decide the application—a charge for the inspection or audit in accordance with section 48.

(9) If the Food Authority varies a term or condition of a licence or imposes an additional condition on the licence, the Food Authority must issue the licence holder with a replacement licence that reflects the variation or additional condition.

39 Suspension or cancellation of licence—the Act, s 102(2)(h)

39 Suspension or cancellation of licence—the Act, s 102(2)(h)

(1) The Food Authority may suspend or cancel a licence on any of the following grounds—

(a) the Food Authority is satisfied the suspension or cancellation is necessary to avert a potential threat to food safety,

(b) the Food Authority is satisfied there has been a contravention of a provision of the Act or this regulation in relation to the carrying on of the food business authorised by the licence,

(c) the Food Authority is satisfied that a condition of the licence has been contravened,

(d) the food safety program for the food business is, in the Food Authority’s opinion, inadequate or is not being properly implemented,

(e) an amount due to the Food Authority under the Act by the licence holder is unpaid,

(f) the holder of the licence, or a person involved in the carrying on of the food business authorised by the licence, does not, in the Food Authority’s opinion, have the necessary capacity, experience or qualifications to ensure the safety of food for human consumption,

(g) the licence holder has asked the Food Authority to suspend or cancel the licence.

(2) Before suspending or cancelling a licence under subsection (1), the Food Authority must give the licence holder written notice (a notice of intention) setting out—

(a) that the Authority is proposing to suspend or cancel the licence, and

(b) the grounds and reasons for the proposed suspension or cancellation.

(3) The notice of intention must include a statement that the licence holder may make submissions to the Food Authority in relation to the proposed suspension or cancellation within 14 days after the date the notice of intention is given to the licence holder (the submission period).

(4) Subsections (2) and (3) do not apply if the suspension or cancellation of the licence is at the request of the licence holder.

(5) After considering any submissions made by the licence holder within the submission period, the Food Authority must decide whether to suspend or cancel the licence.

(6) If the Food Authority decides to suspend or cancel the licence, the Authority must serve written notice (an action notice) on the licence holder setting out the following—

(a) the grounds and reasons for the suspension or cancellation,

(b) the licence holder’s rights of review under this regulation.

(7) The suspension or cancellation of a licence under this section takes effect on—

(a) the day on which the action notice is served on the licence holder, or

(b) a later day specified in the action notice.

(8) If a licence authorises the carrying on of more than one activity, the Food Authority may suspend the licence to the extent to which the licence authorises a particular activity or activities to be carried on.

(9) The Food Authority may suspend a licence that authorises the carrying on of an activity at 2 or more premises or in or on 2 or more vehicles to the extent the licence authorises activities to be carried on at particular premises or in or on a particular vehicle.

40 Licence not transferable—the Act, s 102(2)(f)

40 Licence not transferable—the Act, s 102(2)(f)

A licence is not transferable.

41 Renewal of licence—the Act, s 102(2)(f)

41 Renewal of licence—the Act, s 102(2)(f)

(1) A licence holder is taken to apply for renewal of the licence by paying, to the Food Authority, before the expiry of the licence—

(a) the amount being the total of the following, as set out in the notice given to the licence holder under section 42(4)—

(i) the licence fee for the licence, and

(ii) if the licence authorises the carrying on of a seafood business—the levies that apply for the licence under Part 8, Divisions 6 and 7, or

(b) if the licence holder has been granted an approval under section 42(6) to pay the amount referred to in paragraph (a) by instalments—by paying the appropriate instalment.

(2) After receiving payment from the applicant under subsection (1), the Food Authority may—

(a) renew the licence, with or without conditions, or

(b) refuse to renew the licence.

(3) Without limiting the grounds on which the Food Authority may refuse to renew the licence, the Food Authority may refuse to renew the licence on the same grounds as the Food Authority may suspend or cancel the licence.

(4) If the Food Authority renews the licence, the Food Authority must issue the licence to the applicant in a form that sets out the following—

(a) the activities authorised by the licence,

(b) the premises or vehicles on or in which the activities may be conducted,

(c) the conditions of the licence.

(5) If the Food Authority refuses to renew the licence, the Food Authority must—

(a) give the applicant written notice of the refusal—

(i) setting out the reasons for the refusal, and

(ii) informing the applicant of the applicant’s rights of review under this regulation, and

(b) refund to the applicant any amounts paid by the applicant under subsection (1) in connection with the renewal.

42 Calculation and notice of licence fees and levies—ss 102(2)(x), 117C and 139(1)(a)

42 Calculation and notice of licence fees and levies—ss 102(2)(x), 117C and 139(1)(a)

(1) The licence fee for a licence that authorises the carrying on of the following businesses must be calculated as follows—

(a) for a dairy business—in accordance with section 67,

(b) for a meat business—in accordance with section 111,

(c) for a plant products business—in accordance with section 120,

(d) for a seafood business—in accordance with sections 143 and 144,

(e) for a vulnerable persons food business—in accordance with section 156,

(f) for an egg business—in accordance with section 179.

(2) The levy for a seafood business must be calculated in accordance with sections 145 and 148.

(3) If a licence authorises the carrying on of more than one food business, the licence fee must be calculated as the total of the licence fees for each of the food businesses that would be applicable under subsection (1).

(4) The Food Authority must give a licence holder who is liable to pay a licence fee or levy under this regulation written notice, before the licence expires, setting out the following—

(a) the amount of the licence fee or levy payable,

(b) the day, that is at least 42 days after the day the notice is given, by which the licence fee or levy must be paid,

(c) if relevant—the method of calculating the amount of the licence fee or levy.

(5) The licence holder may, before the licence expires, apply to the Food Authority for approval to pay the licence fee or levy for a particular year by instalments (an instalment approval).

(6) The Food Authority may grant a licence holder an instalment approval by giving the licence holder written notice that states—

(a) the amount of each instalment, and

(b) the date by which each instalment must be paid.

(7) A licence holder who is given an instalment approval must pay each instalment in accordance with the terms of the approval.

(8) If a licence holder who is given an instalment approval fails to pay an instalment by the date required by the approval, the Food Authority may treat the total unpaid balance of the licence fee or levy as an overdue amount, even if some instalments have been paid.

(9) The Food Authority may reduce or waive the payment of a licence fee or levy by a licence holder or a class of licence holders.

(10) Without limiting subsection (9), if a licence is granted after the commencement of a year for which a licence fee or levy is payable, the Food Authority may reduce the licence fee or levy payable by the licence holder for the year by a proportionate amount.

43 Vehicle labels

43 Vehicle labels

(1) This section applies if a licence authorises the operation of a vehicle.

(2) The Food Authority must issue the licence holder with a licensing label for the vehicle.

(3) The licence holder must ensure the licensing label is displayed—

(a) in a way that the label is readable from the outside of the vehicle, and

(b) whenever the vehicle is being operated while carrying on the food business authorised by the licence, and

(c) until the licensing label expires.

Maximum penalty for subsection (3)—25 penalty units.

44 Display of licence

44 Display of licence

(1) A licence holder must ensure, on every premises the licence relates to, a copy of the part of the licence relevant to the premises is displayed.

Maximum penalty—25 penalty units.

(2) A licence holder must ensure, in every vehicle the licence relates to, a copy of the part of the licence relevant to the vehicle is carried.

Maximum penalty—25 penalty units.

45 Content of food safety program

45 Content of food safety program

If a food safety program is required for a food business by the Food Standards Code or under this regulation, including by a condition of a licence, the food safety program must comply with requirements—

(a) of the Food Standards Code, and

(b) made by or under this regulation.

Division 4 Inspections and audits

Division 4 Inspections and audits

46 Inspections and audits of food businesses

46 Inspections and audits of food businesses

(1) The Food Authority may arrange for an authorised officer to inspect—

(a) the premises and equipment involved in a food business, and

(b) the activities carried on by the food business.

(2) The Food Authority may arrange for a food safety auditor to carry out the following—

(a) an audit of the food safety program, or proposed food safety program, for a food business,

(b) an assessment of the food business to ascertain the business’ compliance with the requirements of the Food Safety Standards.

(3) This section does not limit the powers of an authorised officer to carry out an inspection under the Act, Part 4 or 5.

(4) In this section—

Food Safety Standards includes the standards contained in the Food Standards Code that are relevant to the business.

47 Approval for food business to engage food safety auditor—the Act, s 102(2)(k)

47 Approval for food business to engage food safety auditor—the Act, s 102(2)(k)

(1) A food business must not arrange for an external food safety auditor to carry out an audit under the Act or this regulation of the food safety program, or a proposed food safety program, for the business without the Food Authority’s approval.

(2) An application by a food business for approval must be—

(a) made to the Food Authority in the approved form, and

(b) be accompanied by the documents and information required by the Food Authority to decide the application.

(3) The Food Authority may grant an approval subject to any conditions the Food Authority considers appropriate.

(4) An approval may—

(a) apply generally to carrying out audits for the applicant, or

(b) be limited to particular audits or types of audits.

(5) The Food Authority may revoke an approval by written notice given to the food business.

(6) In this section—

external food safety auditor means a food safety auditor who is not a member of staff of the Food Authority.

48 Charges for inspections and audits

48 Charges for inspections and audits

(1) This section applies to the carrying out of the following—

(a) an inspection for the purposes of the Act in relation to a licence or application for a licence,

(b) an audit of a food safety program or proposed food safety program under the Act or this regulation.

(2) For the Act, section 139(1)(b), a food business for which an inspection or audit is being carried out must pay to the Food Authority the charge of $370 an hour with a minimum charge for half an hour, excluding time spent travelling.

(3) The Food Authority may increase the amount under subsection (2) annually in accordance with the annual percentage increase, if any, in the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics.

(4) The Food Authority may waive payment of a charge for a food business or a class of food business.

Division 5 Review of decisions of Food Authority

Division 5 Review of decisions of Food Authority

49 Administrative review of decisions by Civil and Administrative Tribunal—the Act, s 139(2C)

49 Administrative review of decisions by Civil and Administrative Tribunal—the Act, s 139(2C)

A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the following decisions—

(a) a decision to refuse to grant a licence to the person, other than a decision to refuse to grant the licence for non-payment of all or part of the licence fee,

(b) a decision to grant a licence to the person subject to conditions imposed by the Food Authority,

(c) a decision to vary the conditions of the person’s licence or to impose a condition on the person’s licence,

(d) a decision to suspend or cancel the person’s licence,

(e) a decision about the assessment of the applicable licence fee for a licence held or to be held by the person,

(f) a decision about the applicable levy to be paid by the person under this regulation,

(g) a decision made by the Food Authority under section 107 to revoke an approval of appointment as a meat safety inspector.

Part 5 Dairy food safety scheme

Part 5 Dairy food safety scheme

50 Dairy food safety scheme

50 Dairy food safety scheme

For the Act, section 102, the following provisions are prescribed as a food safety scheme for dairy businesses (the dairy food safety scheme)—

(a) Part 4,

(b) this part,

(c) Schedule 3, Part 1.

51 Definitions

51 Definitions

In the dairy food safety scheme—

dairy building means a building used for or in connection with the milking of milking animals for the purpose of producing milk to be supplied for sale.

dairy business—see section 52.

dairy farm means land or premises used for or in connection with the feeding, grazing, keeping or milking of milking animals for the purpose of producing milk to be supplied for sale.

dairy primary production means the production of milk or colostrum for further processing for human consumption, including—

(a) feeding, grazing, keeping and milking of milking animals, and

(b) storage of milk on the premises at which the milking animals were milked.

dairy primary production business means a food business involving dairy primary production.

dairy processing—

(a) means—

(i) packaging, treating, cutting or manufacturing dairy products, and

(ii) packing and storing dairy products on the premises where the products are packaged, treated, cut or manufactured, and

(b) does not include dairy primary production.

dairy processing business means a food business involving dairy processing.

dairy produce store—

(a) means a building or place where a dairy product is stored, whether in a cold chamber or otherwise, and

(b) does not include—

(i) a dairy farm, or

(ii) a dairy building on a dairy farm, or

(iii) premises used only for retail purposes.

dairy product means the following—

(a) colostrum,

(b) milk,

(c) food that contains at least 50%, measured by weight, of either or both of the following—

(i) milk,

(ii) a substance produced from milk, disregarding the weight of the substance not attributable to milk,

(d) without limiting paragraph (c), any of the following that comply with the requirements of paragraph (c)—

(i) liquid milk products,

(ii) cream and thickened cream,

(iii) butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee and anhydrous milk fat (butter oil),

(iv) casein, caseinate and cheese,

(v) whey, whey cream and concentrated whey cream,

(vi) cultured milk and yoghurt,

(vii) ice cream and ice cream mix,

(viii) buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates.

dairy transport business means a food business involving—

(a) the collection and transport of milk from a dairy primary production business to a dairy processing business, or

(b) the transport of milk or dairy products between dairy processing businesses.

milk means the mammary secretions of a milking animal, other than colostrum, obtained from one or more milkings and intended for—

(a) human consumption as a liquid, or

(b) further processing.

milking animal means an animal that secretes milk from the animal’s mammaries.

pasteurisation means the method determined in accordance with the Food Standards Code, Standard 4.2.4, clause 15(1).

processed dairy product means a dairy product processed in accordance with the Food Standards Code, Standard 4.2.4.

processed dairy product transport business means a food business that transports processed dairy products.

raw milk means mammary secretions of a milking animal, other than colostrum, that have not been processed in accordance with the Food Standards Code, Standard 4.2.4, clause 15(1).

raw milk product means a product made from raw milk and not intended for human consumption.

raw milk product business means a business involving the operation of—

(a) a raw milk product manufacturing business, or

(b) a raw milk product collection, transport or delivery business.

raw milk product collection, transport or delivery business means a business involving—

(a) the collection for transport, on any scale, of raw milk products for sale, or

(b) the transport, on any scale, of raw milk products for sale, or

(c) the delivery, on any scale, of raw milk products for sale.

raw milk product manufacturing business means a business involving the manufacturing, on any scale, of raw milk products for sale, including the following—

(a) feeding, grazing, keeping and milking of milking animals,

(b) storing milk on the premises at which the milking animals were milked,

(c) processing milk otherwise than in accordance with the processing requirements under the Food Standards Code, Standard 4.2.4,

(d) making raw milk products.

52 Meaning of “dairy business”

52 Meaning of “dairy business”

In the dairy food safety scheme, dairy business means—

(a) a food business involving any of the following—

(i) the operation of a dairy primary production business,

(ii) the operation of a dairy transport business,

(iii) the operation of a dairy processing business,

(iv) the operation of a dairy produce store, other than a dairy produce store operated on the same premises as a dairy processing business,

(v) the operation of a processed dairy product transport business,

(vi) the collection and transport of goat’s milk from a dairy farm to a wholesaler or retailer, or

(b) a raw milk product business.

53 Application of dairy food safety scheme to retail premises and food not intended for sale

53 Application of dairy food safety scheme to retail premises and food not intended for sale

The dairy food safety scheme—

(a) except for sections 56 and 60—does not apply to the handling of food on retail premises, and

(b) except for sections 56 and 60—does not apply to the handling of food in or from a vehicle from which food is sold by retail, and

(c) does not apply to the handling of food not intended for sale.

54 Application of Food Standards Code to primary production of dairy products

54 Application of Food Standards Code to primary production of dairy products

For the Act, section 21(5), the following provisions of the Food Standards Code apply to a dairy business that is primary food production—

(a) Standard 3.2.1,

(b) Standard 4.2.4, clauses 1–11,

(c) for the production of milk for raw milk cheese—Standard 4.2.4, clauses 17–30.

55 Modification of Food Standards Code

55 Modification of Food Standards Code

The Food Standards Code, Standard 4.2.4 is modified as follows—

(a) by omitting the definition of dairy processing from clause 1(2) and by inserting instead—

dairy processing—

(a) means—

(i) packaging, treating, cutting or manufacturing dairy products; and

(ii) packing and storing dairy products on the premises where the products are packaged, treated, cut or manufactured; and

(b) does not include dairy primary production.

(b) by omitting the definition of dairy products from clause 1(2) and by inserting instead—

dairy product means—

(a) colostrum;

(b) milk;

(c) a food that contains at least 50%, measured by weight, of either or both of the following—

(i) milk;

(ii) a substance produced from milk, disregarding the weight of the substance not attributable to milk;

(d) without limiting paragraph (c), any of the following that comply with the requirements of paragraph (c)—

(i) liquid milk products;

(ii) cream and thickened cream;

(iii) butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee and anhydrous milk fat (butter oil);

(iv) casein, caseinate and cheese;

(v) whey, whey cream and concentrated whey cream;

(vi) cultured milk and yoghurt;

(vii) ice cream and ice cream mix;

(viii) buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates.

56 Processing of dairy products

56 Processing of dairy products

(1) A person must not sell, including sell by retail, a dairy product for human consumption unless—

(a) for raw milk cheese—the person has complied with the Food Standards Code, Standard 4.2.4, clauses 31–35, or

(b) otherwise—the dairy product has been processed in accordance with the processing requirements specified in the Food Standards Code, Standard 4.2.4, clauses 15 and 16.

(2) This section does not apply—

(a) to a dairy primary production business for the sale of milk or cream by the dairy primary production business to a dairy processing business, or

(b) to a dairy processing business for the sale of a dairy product by the dairy processing business to another dairy processing business, or

(c) to goat’s milk, if—

(i) the milk has been produced in compliance with a food safety program, and

(ii) for unpasteurised goat’s milk—the milk bears a label that includes an advisory statement in accordance with the Food Standards Code, Standard 1.2.3, clause 2.

57 Milk for manufacture

57 Milk for manufacture

Milk and milk components used for the manufacture of dairy products for human consumption must be processed as required by the Food Standards Code, Standard 4.2.4.

58 Pasteuriser requirements

58 Pasteuriser requirements

Equipment used for the pasteurisation of milk or milk components at the premises of a dairy processing business must comply with the requirements of the Guidelines for Food Safety: Validation and Verification of Heat Treatment Equipment and Processes published by the Australia New Zealand Dairy Authorities’ Committee in June 2007 and as in force from time to time.

59 Milk to comply with certain requirements of Food Standards Code

59 Milk to comply with certain requirements of Food Standards Code

The holder of a licence authorising the operation of a dairy processing business must ensure milk is not processed for human consumption and is not used in the manufacture of dairy products unless the milk complies with the requirements of the following standards of the Food Standards Code about metals, chemical residues, drug residues and contaminants—

(a) Standard 1.4.1 (Contaminants and natural toxicants),

(b) Standard 1.4.2 (Agvet chemicals),

(c) Standard 2.5.1 (Milk).

60 Sale, delivery and supply of raw milk products

60 Sale, delivery and supply of raw milk products

A person must not sell, deliver or supply a raw milk product unless it has been treated, packaged and labelled in a way that—

(a) deters human consumption, and

(b) could not reasonably be mistaken as indicating the product is suitable for human consumption.

61 Sampling and testing of milk by certain dairy businesses

61 Sampling and testing of milk by certain dairy businesses

(1) The holder of a licence authorising the operation of a dairy transport business must ensure the following requirements are complied with in relation to milk collected by the business for transport from a dairy primary production business to a dairy processing business at the time of collecting the milk—

(a) a record must be made of the temperature of the milk,

(b) a representative sample of milk must be taken,

(c) the sample must be taken, stored and transported under temperature control.

(2) The holder of a licence authorising the operation of a raw milk product collection, transport or delivery business must ensure the following requirements are complied with in relation to raw milk collected for transport for sale, transported for sale or delivered for sale by the business at the time of collecting the milk—

(a) a record must be made of the temperature of the raw milk,

(b) a representative sample of raw milk must be taken,

(c) the sample must be taken, stored and transported under temperature control.

62 Dairy businesses to undertake analyses

62 Dairy businesses to undertake analyses

(1) The holder of a licence that authorises the operation of a dairy processing business must, at the holder’s own expense, ensure the following are analysed in accordance with this section—

(a) samples of dairy products that—

(i) are handled by the dairy business, and

(ii) are required by the NSW Food Safety Schemes Manual to be analysed,

(b) samples of water that—

(i) has not been supplied through a reticulated water system, and

(ii) is used in connection with the production and processing of dairy products by the business.

Maximum penalty—25 penalty units.

(2) The holder of a licence that authorises the operation of a raw milk product manufacturing business must, at the holder’s own expense, ensure that the following are analysed in accordance with this section—

(a) samples of raw milk products that—

(i) are handled by the dairy business, and

(ii) are required by the NSW Food Safety Schemes Manual to be analysed,

(b) samples of water that—

(i) has not been supplied through a reticulated water system, and

(ii) is used in connection with the production and processing of raw milk products by the business.

Maximum penalty—25 penalty units.

(3) An analysis under this section must be carried out at the following frequencies—

(a) if a notice is served on the holder of the licence under subsection (4)—as required by the notice,

(b) otherwise—as required by the NSW Food Safety Schemes Manual.

(4) The Food Authority may, by written notice given to the holder of a licence, do either or both of the following—

(a) specify the frequency at which analyses must be carried out for this section,

(b) set out the standards required to be met for the samples being analysed.

63 Reports of analyses

63 Reports of analyses

(1) The holder of a licence must ensure every analysis carried out for section 62 is carried out in a laboratory approved by either of the following, for the particular type of analysis to be undertaken—

(a) the National Association of Testing Authorities, Australia,

(b) the Food Authority.

Maximum penalty—25 penalty units.

(2) The holder of a licence must, in accordance with subsection (4), notify the Food Authority of the details of an analysis carried out by or for the holder for section 62 if the results of the analysis indicate—

(a) the sample analysed failed to meet the standards set out in the NSW Food Safety Schemes Manual, or

(b) if a notice was given to the holder under section 62(4) setting out the required standards—the sample analysed failed to meet the required standards.

Maximum penalty—25 penalty units.

(3) The person in charge of a laboratory in which an analysis is carried out must notify the Food Authority, within 24 hours after the analysis is completed, of the details of the analysis if the results of the analysis indicate the sample analysed failed to meet the standards set out in the NSW Food Safety Schemes Manual.

Maximum penalty—25 penalty units.

(4) Notice under subsection (2) must—

(a) be made orally as soon as practicable and not later than 24 hours after the holder becomes aware of the results of the analysis, and

(b) be given in writing within 48 hours after the holder becomes aware of the results of the analysis.

64 Records to be kept by certain dairy businesses

64 Records to be kept by certain dairy businesses

The holder of a licence authorising the operation of a dairy processing business or a raw milk product manufacturing business must ensure the results of an analysis of a sample of milk carried out for section 62 are available for inspection for at least 12 months after the analysis is carried out.

65 Records to be kept by dairy produce stores

65 Records to be kept by dairy produce stores

(1) The holder of a licence authorising the operation of a dairy produce store, other than a produce store operated on the same premises as a dairy processing business, must ensure records are kept of the details of all dairy products received by and distributed from the store.

(2) A record required by this section must be kept at the dairy produce store for the longer period of—

(a) 12 months, or

(b) the accepted shelf-life of the product that the record relates to.

66 Establishment of Dairy Industry Consultative Committee

66 Establishment of Dairy Industry Consultative Committee

(1) The Food Authority must establish a committee called the Dairy Industry Consultative Committee with the following functions—

(a) undertaking consultation with the Food Authority for the Act, section 105 in relation to the dairy food safety scheme,

(b) the ongoing review of the operation of the dairy food safety scheme for the Act, section 102(2)(y).

(2) The Committee must consist principally of persons from the dairy industry appointed by the Food Authority.

(3) The Food Authority may also decide to appoint the following as members of the Committee—

(a) members of staff of the Food Authority,

(b) other employees of the Department,

(c) representatives of other bodies or organisations.

(4) The Food Authority must appoint a chairperson of the Committee from the members of the Committee.

(5) The Food Authority must determine the procedure for the calling and holding of meetings of the Committee.

67 Licence fees for dairy businesses

67 Licence fees for dairy businesses

(1) The holder of a licence that authorises the carrying on of one or more of the activities specified in Schedule 3, Part 1 must pay a licence fee each year to the Food Authority equal to the total of the fees applicable to the licence calculated in accordance with the part.

(2) The Food Authority may increase the amount of a licence fee payable under this section annually in accordance with the annual percentage increase, if any, in the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics.

Part 6 Meat food safety scheme

Part 6 Meat food safety scheme

68 Meat food safety scheme

68 Meat food safety scheme

For the Act, section 102, the following provisions are prescribed as a food safety scheme for meat businesses (the meat food safety scheme)—

(a) Part 4,

(b) this part,

(c) Schedule 3, Part 2,

(d) Schedules 4–6.

69 Definitions

69 Definitions

(1) In the meat food safety scheme—

abattoir means premises used for or in connection with the slaughtering of abattoir animals for human consumption and includes—

(a) buildings used in connection with slaughtering, handling, drafting or keeping abattoir animals for human consumption at premises used for those purposes, and

(b) holding yards and similar structures.

abattoir animal means the following animals if they are not game animals—

(a) an animal of the bovine, bubaline, camelidae, caprinae, cervidae, ovine, porcine or soliped species,

(b) a bird,

(c) a crocodile,

(d) a rabbit.

abattoir meat means meat—

(a) from an abattoir animal, and

(b) intended for human consumption.

animal means an abattoir animal, game animal or knackery animal.

animal food means food intended for consumption by animals.

animal food field depot means premises where the unflayed carcases of game animals intended for use as animal food are stored but not packaged, processed, treated, boned or cut up.

animal food field harvesting van means a vehicle in which unflayed carcases of game animals intended for use as animal food are conveyed from the point of harvest to an animal food field depot.

animal food processing plant—

(a) means premises where, in the operation of a business that prepares or sells animal food—

(i) meat or fish, or a product of meat or fish, is stored, packed, packaged, processed, treated, boned or cut up, or

(ii) processed animal food is produced, and

(b) does not include—

(i) an abattoir, knackery, meat processing plant, game meat primary processing plant or animal food field depot, or

(ii) meat retail premises or other retail premises.

animal food van means a vehicle used for the conveyance of meat intended for use as animal food, but does not include an animal food field harvesting van.

bird includes ratite.

game animal means a vertebrate animal, including a mammal, bird or reptile, but not including a fish, that—

(a) is not husbanded in the way of a farmed animal, and

(b) is of a species that may be legally harvested, and

(c) is slaughtered in a wild state.

game meat means meat—

(a) from a game animal, and

(b) intended for human consumption.

game meat field depot means premises where unflayed carcases of game animals intended for human consumption are stored but not packaged, processed, treated, boned or cut up.

game meat field harvesting van means a vehicle in which unflayed carcases of game animals intended for human consumption are conveyed from the point of harvest to a game meat field depot.

game meat primary processing plant means premises where, in the operation of a business, unflayed carcases of game animals are received from the field or a game meat field depot and are flayed, whether or not the carcases are further treated, boned or cut up on the premises.

hogget has the same meaning as in the sheepmeat processing language handbook, as in force from time to time.

knackery—

(a) means premises used for or in connection with—

(i) slaughtering knackery animals for use as animal food, or

(ii) the destruction of knackery animals for the making of animal by-products used in animal food, and

(b) includes—

(i) buildings used for or in connection with the slaughtering, destruction, handling, drafting or keeping of knackery animals at premises used for those purposes, and

(ii) holding yards and similar premises.

knackery animal means a bird, buffalo, bull, calf, camel, cow, deer, donkey, ewe, goat, heifer, hogget, horse, kangaroo, kid, lamb, ox, rabbit, ram, steer, swine or wether.

lamb has the same meaning as in the sheepmeat processing language handbook, as in force from time to time.

licensed premises means premises for which a licence authorising the carrying on of a meat business is in force.

meat means the whole or part of the carcase of an animal, but does not include—

(a) processed meat, or

(b) processed animal food.

meat business—see section 70.

meat processing plant—

(a) means premises where, in the operation of a business—

(i) abattoir meat is stored, packed, packaged, processed, treated, boned or cut up, or

(ii) processed meat is produced from abattoir meat or is further processed, or

(iii) game meat from carcases flayed at other premises is stored, packed, packaged, processed, treated, boned or cut up, or

(iv) processed meat is produced from game meat from carcases that have been flayed at other premises or is further processed, and

(b) does not include—

(i) an abattoir, or

(ii) a game meat field depot, or

(iii) a game meat primary processing plant, or

(iv) meat retail premises or other retail premises.

meat retail premises means premises where meat is sold by retail and on which raw meat carcases or parts of raw meat carcases are processed in some way, including by boning, slicing or cutting, or on which processed meat is produced or further processed, other than premises—

(a) where in any week during the preceding calendar year, more than 1t of meat, 1t of processed meat or 1t of a combination of meat or processed meat was sold by wholesale, or

(b) where all the meat sold is—

(i) in a form ready to be consumed, including meat sold at a restaurant or take-away food shop, or

(ii) in a form commonly referred to as cook and chill, that is, cooked packaged meat that requires reheating before consumption.

meat safety inspector means—

(a) for an abattoir—the meat safety inspector appointed for the abattoir in accordance with section 105, or

(b) for a game meat primary processing plant—the meat safety inspector appointed for the processing plant in accordance with section 105.

meat van means a vehicle used for the conveyance of abattoir meat or game meat, but does not include a game meat field harvesting van.

poultry means chickens, ducks, geese, guinea fowls, muttonbirds, pheasants, quails, squab (pigeons), turkeys or another avian species, except ratites.

poultry farm means land or premises where, at any time, 100 or more poultry are being grown for human consumption.

processed animal food means the product of a manufacturing process containing meat intended for use as animal food.

processed meat means a meat product intended for human consumption that contains not less than 300g per kilogram of meat, if the meat has undergone a method of processing other than boning, slicing, dicing, mincing or freezing, and includes cured or dried meat flesh in whole cuts or pieces.

rendering plant means premises where animal by-products are rendered or boiled down, but does not include an abattoir or a knackery.

sheepmeat processing language handbook means the Handbook of Australian Sheepmeat Processing: The AUS-MEAT language published by AUS-MEAT Limited, as in force from time to time.

unflayed carcase of an animal means the carcase of the animal with the skin or outer covering still attached.

(2) A reference in the meat food safety scheme to premises or a vehicle used for a purpose includes a reference to premises or a vehicle intended to be used for the purpose.

(3) For the meat food safety scheme, a reference to Australian Standard AS 4841–2006, Hygienic production of pet meat in the following documents is a reference to the document titled Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88 – Amended 2009, published by CSIRO and as in force from time to time—

(a) Australian Standard AS 4465–2006, Construction of premises and hygienic production of poultry meat for human consumption,

(b) Australian Standard AS 4464–2007, Hygienic production of wild game meat for human consumption.

70 Meaning of “meat business”

70 Meaning of “meat business”

In the meat food safety scheme, meat business means a business involving the operation of any of the following—

(a) an abattoir,

(b) a meat processing plant,

(c) a game meat field depot,

(d) a game meat primary processing plant,

(e) a meat van,

(f) a game meat field harvesting van,

(g) a knackery,

(h) a rendering plant,

(i) an animal food processing plant,

(j) an animal food field depot,

(k) an animal food van,

(l) an animal food field harvesting van,

(m) meat retail premises,

(n) a poultry farm.

71 Application of meat food safety scheme to certain vehicles and food not intended for sale

71 Application of meat food safety scheme to certain vehicles and food not intended for sale

The meat food safety scheme does not apply to the handling of food—

(a) in or from a vehicle from which food is sold by retail, or

(b) not intended for sale.

72 Application of Food Standards Code to primary production of poultry

72 Application of Food Standards Code to primary production of poultry

For the Act, section 21(5), the following provisions of the Food Standards Code apply to a food business that involves the handling of food that is poultry for human consumption and is primary food production—

(a) Standard 3.2.2, clause 4, for the Act, section 100(1),

(b) Standard 4.1.1,

(c) Standard 4.2.2, clauses 1–10 as modified by this division.

73 Modification of Food Standards Code

73 Modification of Food Standards Code

(1) The Food Standards Code, Standard 4.2.2 is modified, but only in relation to the primary production of poultry, by inserting the following after clause 3(3)—

(4) In this clause, poultry producer means a poultry producer that engages in either of the following—

(a) the growing of more than 100 birds (being poultry for human consumption) at any time,

(b) the live transporting of more than 100 birds (being poultry for human consumption) in any week.

(2) The Food Standards Code, Standard 4.2.3 is modified by—

(a) omitting the words “Table 1 or” from clause 4, and

(b) omitting Table 1 from clause 4.

74 Prohibition on certain slaughtering of animals and processing of meat for human consumption

74 Prohibition on certain slaughtering of animals and processing of meat for human consumption

(1) A person must not slaughter an animal for human consumption unless the animal is an abattoir animal or a game animal.

Maximum penalty—25 penalty units.

(2) A person must not process meat for human consumption unless the meat is abattoir meat or game meat.

Maximum penalty—25 penalty units.

(3) The holder of a licence that authorises the operation of a meat processing plant must, in producing processed meat, use only meat or things containing meat that—

(a) is abattoir meat or game meat, and

(b) has been passed by a meat safety inspector as being fit for human consumption.

Maximum penalty—25 penalty units.

(4) In this section—

animal means—

(a) a vertebrate animal other than a fish, and

(b) is not limited by the definition of animal in section 69.

meat means the whole or a part of the carcase of an animal.

75 Standards for abattoirs

75 Standards for abattoirs

(1) An abattoir must be operated in a way that complies with the following standards—

(a) for an abattoir where the slaughtering of meat, other than poultry meat, rabbit meat, ratite meat or crocodile meat occurs—the standards specified in Australian Standard AS 4696:2023, Hygienic production and transportation of meat and meat products for human consumption, as in force from time to time,

(b) for an abattoir where the slaughtering of poultry meat occurs—the standards specified in Australian Standard AS 4465—2006, Construction of premises and hygienic production of poultry meat for human consumption, as in force from time to time,

(c) for an abattoir where the slaughtering of rabbit meat occurs—the standards specified in Australian Standard AS 4466–1998, Hygienic production of rabbit meat for human consumption, as in force from time to time,

(d) for an abattoir where the slaughtering of ratite meat occurs—the standards specified in Australian Standard AS 5010–2001, Hygienic production of ratite (emu/ostrich) meat for human consumption, as in force from time to time,

(e) for an abattoir where the slaughtering of crocodile meat occurs—the standards specified in Australian Standard AS 4467–1998, Hygienic production of crocodile meat for human consumption, as in force from time to time,

(f) for an abattoir where the slaughtering of more than one type of meat referred to in paragraphs (a)–(e) occurs—the standards specified in each relevant paragraph.

(2) In addition to complying with the requirements of subsection (1), an abattoir must be operated to comply with Australian Standard AS 4696:2023, Hygienic production and transportation of meat and meat products for human consumption, Part 6, clause 17, as in force from time to time, if the following are passed at the abattoir as fit for use only as animal food—

(a) poultry meat,

(b) rabbit meat,

(c) ratite meat,

(d) crocodile meat.

(3) For this section, the Standard referred to in subsection (2) is taken to extend to the following—

(a) abattoir meat that is poultry meat, rabbit meat, ratite meat or crocodile meat,

(b) meat products derived from abattoir meat that is poultry meat, rabbit meat, ratite meat or crocodile meat.

76 Standards for meat processing plants

76 Standards for meat processing plants

A meat processing plant must be operated in a way that complies with the following standards—

(a) for a meat processing plant where the processing of meat, other than poultry meat, rabbit meat, ratite meat or crocodile meat occurs—the standards specified in Australian Standard AS 4696:2023, Hygienic production and transportation of meat and meat products for human consumption, as in force from time to time,

(b) for a meat processing plant where the processing of poultry meat occurs—the standards specified in Australian Standard AS 4465–2006, Construction of premises and hygienic production of poultry meat for human consumption, as in force from time to time,

(c) for a meat processing plant where the processing of rabbit meat occurs—the standards specified in Australian Standard AS 4466–1998, Hygienic production of rabbit meat for human consumption, as in force from time to time,

(d) for a meat processing plant where the processing of ratite meat occurs—the standards specified in Australian Standard AS 5010–2001, Hygienic production of ratite (emu/ostrich) meat for human consumption, as in force from time to time,

(e) for a meat processing plant where the processing of crocodile meat occurs—the standards specified in Australian Standard AS 4467–1998, Hygienic production of crocodile meat for human consumption, as in force from time to time,

(f) for a meat processing plant where the processing of more than one type of meat referred to in paragraphs (a)–(e) occurs—the standards specified in each relevant paragraph.

77 Standards for game meat field depots

77 Standards for game meat field depots

A game meat field depot must be operated in a way that complies with the standards specified in Australian Standard AS 4464–2007, Hygienic production of wild game meat for human consumption, as in force from time to time.

78 Standards for game meat primary processing plants

78 Standards for game meat primary processing plants

A game meat primary processing plant must be operated in a way that complies with the standards specified in Australian Standard AS 4464–2007, Hygienic production of wild game meat for human consumption, as in force from time to time.

79 Standards for meat vans

79 Standards for meat vans

(1) A meat van must be operated in a way that complies with Australian Standard AS 4696:2023, Hygienic production and transportation of meat and meat products for human consumption, Part 8, as in force from time to time.

(2) For this section, the Standard referred to in subsection (1) is taken to extend to the following—

(a) abattoir meat that is poultry meat, rabbit meat, ratite meat or crocodile meat,

(b) products derived from abattoir meat that is poultry meat, rabbit meat, ratite meat or crocodile meat,

(c) game meat,

(d) products derived from game meat.

80 Standards for game meat field harvesting vans

80 Standards for game meat field harvesting vans

A game meat field harvesting van must be operated in a way that complies with Australian Standard AS 4464–2007, Hygienic production of wild game meat for human consumption, as in force from time to time.

81 Standards for knackeries

81 Standards for knackeries

A knackery must be operated in a way that complies with the standards specified in the Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88 – Amended 2009, published by CSIRO, except for clauses 4.1–4.3 of that Standard and as in force from time to time.

82 Standards for rendering plants

82 Standards for rendering plants

A rendering plant must be operated in a way that complies with the standards specified in Australian Standard AS 5008–2007, Hygienic rendering of animal products, as in force from time to time.

83 Standards for animal food processing plants

83 Standards for animal food processing plants

An animal food processing plant must be operated in a way that complies with—

(a) for the processing of raw meat intended for use as animal food—the standards specified in Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88 – Amended 2009, published by CSIRO, except for clauses 4.1–4.3 of that Standard and as in force from time to time, and

(b) for the processing of fish or a product of fish, or a product of a manufacturing process that contains meat, intended for use as animal food—Schedule 4.

84 Standards for animal food field depots

84 Standards for animal food field depots

An animal food field depot must be operated in a way that complies with the standards specified in Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88 – Amended 2009, published by CSIRO, except for clauses 4.1–4.3 of that Standard and as in force from time to time.

85 Standards for animal food vans

85 Standards for animal food vans

An animal food van must, in relation to the transportation of raw meat intended for use as animal food, be operated in a way that complies with the standards specified in Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88 – Amended 2009, published by CSIRO, except for clauses 4.1–4.3 of that Standard and as in force from time to time.

86 Standards for animal food field harvesting vans

86 Standards for animal food field harvesting vans

An animal food field harvesting van must be operated in a way that complies with the standards specified in Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88 – Amended 2009, published by CSIRO, except for clauses 4.1–4.3 of that Standard and as in force from time to time.

87 Standards for meat retail premises

87 Standards for meat retail premises

A meat retail premises must be operated in a way that complies with the standards specified in the NSW standard for construction and hygienic operations of retail meat premises published by the Food Authority, as in force from time to time.

88 Prescribed brands for abattoir meat

88 Prescribed brands for abattoir meat

For this division, the following are prescribed brands for abattoir meat—

(a) for meat other than lamb or hogget—a brand in accordance with the design specified in Schedule 5, Part 1,

(b) for lamb meat—brands in accordance with both the designs specified in Schedule 5, Parts 1 and 2,

(c) for hogget meat—brands in accordance with both the designs specified in Schedule 5, Parts 1 and 3.

89 Removal of meat from abattoir

89 Removal of meat from abattoir

(1) The holder of a licence authorising the operation of an abattoir must ensure abattoir meat is not removed from the abattoir unless the carcase or part of the carcase from which the abattoir meat was taken has been branded with a prescribed brand by or under the authority of a meat safety inspector.

(2) Subsection (1) does not apply to—

(a) meat that a meat safety inspector has—

(i) passed as fit for use only as animal food, or

(ii) condemned as unfit for human consumption or use as animal food, or

(b) the carcase of a bird or meat from the carcase of a bird.

90 Marking of carcases

90 Marking of carcases

(1) If a meat safety inspector passes a carcase or part of a carcase to which section 89(1) applies as fit for human consumption, the meat safety inspector must apply the appropriate prescribed brand, or ensure the brand is applied, to the carcase or part in accordance with section 91.

Maximum penalty—25 penalty units.

(2) If an abattoir animal is slaughtered in accordance with rules under the Export Control Act 2020 of the Commonwealth and a meat safety inspector passes the carcase as fit for human consumption, the meat safety inspector must ensure an official mark for that Act is applied to the carcase or covering in accordance with rules made under that Act.

Maximum penalty—25 penalty units.

(3) This division, except for subsection (2), does not apply in relation to meat from an animal referred to in subsection (2).

(4) If a meat safety inspector condemns meat at an abattoir as unfit for human consumption and unfit for use as animal food, the meat safety inspector must ensure the meat is handled in accordance with the standards specified in Australian Standard AS 4696:2023, Hygienic production and transportation of meat and meat products for human consumption, as in force from time to time.

Maximum penalty—25 penalty units.

(5) For this section, the standard referred to in subsection (4) is taken to extend to—

(a) abattoir meat that is poultry meat, rabbit meat, ratite meat or crocodile meat, and

(b) meat products derived from poultry meat, rabbit meat, ratite meat or crocodile meat.

91 Positions and application of brands

91 Positions and application of brands

(1) Subject to subsections (2) and (3), a brand applied for section 90 must be applied at the following positions—

(a) for the carcase of a bovine, deer, sheep or goat—on each quarter,

(b) for the carcase of a swine—on the shoulder, middle and hind leg on each side of the carcase,

(c) for the carcase of a rabbit—on the rump,

(d) for the carcase of a lamb or hogget—on the lateral aspect of each side of the carcase from—

(i) the stifle along the leg and chump, and

(ii) parallel with the mid-line of the back over the loins and ribs to the top of the shoulder, and

(iii) over the shoulder to the elbow,

(e) otherwise—on each quarter.

(2) If the carcase has been broken into pieces, the brand must be applied to each of the pieces.

(3) If the carcase has been broken into pieces and the pieces are packed in a covering or container, the brand—

(a) must be applied to the covering or container, and

(b) does not need to be applied to the pieces.

(4) A brand must be legible when applied and affixed in a reasonably permanent way.

(5) Despite the other provisions of this section, if, in the meat safety inspector’s opinion, a brand would not be sufficiently visible on meat or a covering of meat if applied in accordance with the provisions of this section, the inspector must ensure the brand is applied in a way the inspector thinks fit.

(6) In this section—

bovine includes buffalo, bull, calf, cow, heifer, ox and steer.

goat includes kid.

sheep includes ewe, ram and wether.

92 Identification systems for lamb and hogget meat

92 Identification systems for lamb and hogget meat

(1) The holder of a licence authorising the operation of an abattoir at which sheep are slaughtered must give the Food Authority written details of the identification system to be used to identify meat as lamb meat or hogget meat.

(2) The identification system must include the following—

(a) the method of identification to be used,

(b) the point at which the identification will be made,

(c) the way of applying the identification,

(d) the way of maintaining the identification until a brand identifying the type of meat is applied in accordance with this division.

(3) The holder of a licence authorising the operation of an abattoir must not commence using an identification system referred to in this section until the Food Authority—

(a) is satisfied the proposed system will be functional and will be adequately maintained, and

(b) approves the system.

(4) The holder of a licence authorising the operation of an abattoir must not alter the identification system approved under this section unless the alteration has been approved.

(5) The holder of a licence authorising the operation of an abattoir must make the following available to an authorised officer as required by the officer to monitor the system—

(a) animals,

(b) carcases,

(c) meat,

(d) records.

93 Prescribed brand for game meat

93 Prescribed brand for game meat

For this division, the prescribed brand for game meat is set out in Schedule 6.

94 Removal of meat from game meat primary processing plant

94 Removal of meat from game meat primary processing plant

(1) The holder of a licence authorising the operation of a game meat primary processing plant must ensure game meat is not removed from the game meat primary processing plant unless the carcase or part of the carcase from which the game meat was taken has been branded at the premises with a prescribed brand by or under the authority of a meat safety inspector.

(2) Subsection (1) does not apply to—

(a) meat that a meat safety inspector has—

(i) passed as fit for use only as animal food, or

(ii) condemned as unfit for human consumption or use as animal food, or

(b) the carcase of a bird or meat from the carcase of a bird.

95 Marking of carcases

95 Marking of carcases

(1) If a meat safety inspector passes a carcase or part of a carcase to which section 94(1) applies as fit for human consumption, the inspector must apply the appropriate prescribed brand, or ensure the brand is applied, to the carcase or part in accordance with section 96.

Maximum penalty—25 penalty units.

(2) If a game animal is slaughtered in accordance with rules under the Export Control Act 2020 of the Commonwealth and a meat safety inspector passes the carcase as fit for human consumption, the inspector must ensure an official mark for that Act is applied to the carcase or covering in accordance with rules made under that Act.

Maximum penalty—25 penalty units.

(3) This division, other than subsection (2), does not apply in relation to meat from an animal referred to in subsection (2).

(4) If a meat safety inspector condemns meat at a game meat primary processing plant as unfit for human consumption and unfit for use as animal food, the meat safety inspector must ensure the meat is handled in accordance with the standards specified in AS 4464–2007, Hygienic production of wild game meat for human consumption, as in force from time to time, before the meat is removed from the game meat primary processing plant.

Maximum penalty—25 penalty units.

96 Positions and application of brands

96 Positions and application of brands

(1) Subject to subsections (2) and (3), a brand applied for section 95 must be applied at the following positions—

(a) for the carcase of a deer or goat—on each quarter,

(b) for the carcase of a swine—on each shoulder, middle and hind leg on both sides of the carcase,

(c) for the carcase of a rabbit—on the midline of the chump,

(d) for the carcase of a kangaroo—on the rump on each side of the carcase,

(e) otherwise—on each quarter.

(2) If the carcase has been broken into pieces, the brand must be applied to each of the pieces.

(3) If the carcase has been broken into pieces and the pieces are packed in a covering or container, the brand—

(a) must be applied to the covering or container, and

(b) does not need to be applied to the pieces.

(4) A brand must be legible when applied and affixed in a reasonably permanent way.

(5) Despite the other provisions of this section, if, in the meat safety inspector’s opinion, a brand would not be sufficiently visible on meat or a covering of meat if applied in accordance with the provisions of this section, the inspector must ensure the brand is applied in a way the inspector thinks fit.

97 Sale of meat for human consumption

97 Sale of meat for human consumption

(1) A person must not sell, by wholesale or on meat retail premises, meat for human consumption or as an ingredient of processed meat unless—

(a) the meat, or the carcase from which the meat was taken, has been supplied from premises that are—

(i) authorised by a licence to be operated as an abattoir or game meat primary processing plant, or

(ii) an abattoir or game meat primary processing plant that is operating in accordance with the laws of the place in which the premises are situated, and

(b) the supplier has indicated that the meat or carcase has been passed as fit for human consumption in accordance with this regulation or the laws of the place from which the meat was supplied—

(i) by the packaging or branding of the meat or carcase, or

(ii) by documentation accompanying the meat or carcase.

(2) A person must not sell, on meat retail premises, processed meat for human consumption unless the meat has been produced at premises that are—

(a) authorised by a licence to be operated as a meat processing plant or meat retail premises, or

(b) a meat processing plant or meat retail premises operating in accordance with the laws of the place in which the premises are situated.

(3) A person must not sell meat for human consumption, or as an ingredient of processed meat, on retail premises selling meat in a form ready to be consumed, including from a restaurant or take away food shop, unless the meat has been supplied from premises that are—

(a) authorised by a licence to be operated as an abattoir, game meat primary processing plant, meat processing plant or meat retail premises, or

(b) an abattoir, game meat primary processing plant, meat processing plant or meat retail premises operating in accordance with the laws of the place in which the premises are situated.

98 Sale of meat for use as animal food

98 Sale of meat for use as animal food

A person must not sell, by wholesale or on meat retail premises, meat for use as animal food or as an ingredient of processed animal food unless—

(a) the meat, or the carcase from which the meat was taken, has been supplied from premises that are—

(i) authorised by a licence to be operated as an abattoir, game meat primary processing plant or knackery, or

(ii) an abattoir, game meat primary processing plant or knackery that is operating in accordance with the laws of the place in which the premises are situated, or

(b) the meat is game meat from a kangaroo or feral goat and has been packaged, processed, treated, boned or cut up on premises that are—

(i) authorised by a licence to be operated as an animal food processing plant, or

(ii) operating as the equivalent of an animal food processing plant in accordance with the laws of the place in which the premises are situated.

99 Storage of meat

99 Storage of meat

(1) A person must not store meat on meat retail premises, or a meat processing plant, used for the sale of meat for human consumption unless—

(a) the meat, or the carcase from which the meat came, has been supplied from premises that are—

(i) authorised by a licence to be operated as an abattoir or game meat primary processing plant, or

(ii) an abattoir or game meat primary processing plant operating in accordance with the laws of the place in which the premises are situated, and

(b) the supplier has indicated that the meat or carcase has been passed as fit for human consumption in accordance with this regulation or the laws of the place from which the meat was supplied—

(i) by the packaging or branding of the meat or carcase, or

(ii) by documentation accompanying the meat or carcase.

(2) A person must not store meat for human consumption or as an ingredient of processed meat on retail premises selling meat in a form ready to be consumed, including from a restaurant or take away food shop, unless the meat has been supplied from premises that are—

(a) authorised by a licence to be operated as an abattoir, game meat primary processing plant, meat processing plant or meat retail premises, or

(b) an abattoir, game meat primary processing plant, meat processing plant or meat retail premises operating in accordance with the laws of the place in which the premises are situated.

(3) A person must not store processed animal food intended for sale on meat retail premises unless the animal food has been produced at premises that are—

(a) authorised by a licence to be operated as an animal food processing plant, or

(b) an animal food processing plant operating in accordance with the laws of the place in which the premises are situated.

(4) A person must not store, on meat retail premises, meat intended for sale that is for use only as animal food unless—

(a) the supplier has indicated, whether by the packaging or branding of the meat or carcase, or by documentation accompanying the meat or carcase, that the meat or carcase has been passed as being fit for use as animal food in accordance with this regulation or the laws of the place from which the meat was supplied and the animal from which the meat came was slaughtered at premises that are—

(i) authorised by a licence to be operated as an abattoir or game meat primary processing plant, or

(ii) an abattoir or game meat primary processing plant that is operating in accordance with the laws of the place in which the premises are situated, or

(b) the animal from which the meat came was slaughtered at premises that are—

(i) authorised by a licence to be operated as a knackery, or

(ii) a knackery operating in accordance with the laws of the place in which the premises are situated.

Division 6 Issue and use of brands for meat

Division 6 Issue and use of brands for meat

100 Application for and issue of brands

100 Application for and issue of brands

(1) The holder of a licence that authorises the operation of an abattoir or a game meat primary processing plant may apply to the Food Authority for the issue to the holder of the prescribed brands referred to in section 88 or 93 that are necessary for the operation of the abattoir or game meat primary processing plant.

(2) An application under this section must be in writing.

(3) The fee payable for the issue of the brand is the amount the Food Authority determines is equivalent to the cost to the Food Authority of manufacturing the brand.

(4) The holder of a licence to whom a brand is issued by the Food Authority under this part must ensure the brand and equipment issued to the holder by the Food Authority to enable the application of the brand is returned to the Food Authority within 7 days after the licence ceases to be in force, excluding periods of suspension.

Maximum penalty—25 penalty units.

101 Storage of brands

101 Storage of brands

The holder of a licence that authorises the operation of an abattoir or a game meat primary processing plant must ensure that a brand issued to the holder under this part is stored in a place that is—

(a) locked, and

(b) accessible only by the holder of the licence and the meat safety inspector for the abattoir or processing plant.

102 Lost, stolen or damaged brands

102 Lost, stolen or damaged brands

(1) The holder of a licence that authorises the operation of an abattoir or a game meat primary processing plant who becomes aware that a brand issued to the holder under this part has been lost or stolen must immediately report the loss or theft to the Food Authority.

(2) If a brand issued under this part in relation to an abattoir or game meat primary processing plant is lost or stolen, the holder of the licence must return to the Food Authority other brands issued to the holder that have not been lost or stolen.

(3) If a brand issued under this part is lost, stolen or damaged, the holder of the licence may apply in writing to the Food Authority—

(a) for a brand that is lost or stolen—for the issue of new brands for the abattoir or game meat primary processing plant, if the holder has complied with subsections (1) and (2), and

(b) for a brand that is damaged—for the issue of a replacement brand.

(4) On payment of the cost of manufacturing a new brand or a replacement brand, the Food Authority may, if satisfied that this section has been complied with, issue the new brand or the replacement brand to the holder of the licence.

103 Resemblance to prescribed brands

103 Resemblance to prescribed brands

A person must not manufacture or possess a brand which resembles a prescribed brand referred to in section 88 or 93 unless the manufacture or possession is—

(a) authorised by this regulation, or

(b) approved by the Food Authority.

Maximum penalty—25 penalty units.

104 Unauthorised branding of meat

104 Unauthorised branding of meat

A person must not brand, stamp or otherwise mark meat with a mark resembling a prescribed brand referred to in section 88 or 93 unless the person—

(a) is authorised by this regulation (an authorised person), or

(b) is acting under the direction of an authorised person, or

(c) is authorised in writing by the Food Authority.

Division 7 Meat safety inspectors

Division 7 Meat safety inspectors

105 Appointment of meat safety inspectors for abattoirs and game meat primary processing plants

105 Appointment of meat safety inspectors for abattoirs and game meat primary processing plants

The holder of a licence authorising the operation of an abattoir or game meat primary processing plant must not operate the abattoir or processing plant unless—

(a) there is a person holding the position of meat safety inspector for the abattoir or processing plant, and

(b) the person’s appointment is approved in writing by the Food Authority.

106 Duty of meat safety inspector to report contraventions of regulation

106 Duty of meat safety inspector to report contraventions of regulation

A meat safety inspector for an abattoir or a game meat primary processing plant must report a contravention of this regulation relating to the abattoir or processing plant to the Food Authority as soon as practicable after the inspector becomes aware of the contravention.

107 Revocation of approval of appointment of meat safety inspector

107 Revocation of approval of appointment of meat safety inspector

(1) The Food Authority may revoke the approval of a person to hold the position of meat safety inspector at a particular abattoir or game meat primary processing plant if, in the Food Authority’s opinion, the person—

(a) has not competently carried out the functions of a meat safety inspector under this regulation, or

(b) has failed to report a contravention of this regulation relating to the abattoir or processing plant of which the person was aware or should have been aware.

(2) A revocation of an approval under this section—

(a) may be made only after the Food Authority has given the meat safety inspector an opportunity to be heard, and

(b) must be in writing and served on—

(i) the meat safety inspector, and

(ii) the holder of the licence for the abattoir or game meat primary processing plant.

Division 8 Sampling and analyses

Division 8 Sampling and analyses

108 Meat businesses to undertake analyses

108 Meat businesses to undertake analyses

(1) The holder of a licence authorising the operation of an abattoir must, at the holder’s own expense, ensure samples of water that has not been supplied through a reticulated water system and is used in connection with the operation of the abattoir are analysed in accordance with this section.

Maximum penalty—25 penalty units.

(2) The holder of a licence authorising the operation of a meat processing plant must, at the holder’s own expense, ensure samples of meat and meat products that are handled by the meat business in the processing plant and required by the NSW Food Safety Schemes Manual to be analysed are analysed in accordance with this section.

Maximum penalty—25 penalty units.

(3) The holder of a licence authorising the operation of meat retail premises must, at the holder’s own expense, ensure samples of ready to eat meat products that are handled by the meat business in the premises and required by the NSW Food Safety Schemes Manual to be analysed are analysed in accordance with this section.

Maximum penalty—25 penalty units.

(4) The holder of a licence authorising the operation of a rendering plant must, at the holder’s own expense, ensure samples of rendered animal by-products that are handled by the meat business in the rendering plant are analysed in accordance with this section.

Maximum penalty—25 penalty units.

(5) An analysis for this section must be carried out at the following frequencies—

(a) if a notice is served on the holder of the licence under subsection (6)—as required by the notice,

(b) otherwise—as required by the NSW Food Safety Schemes Manual.

(6) The Food Authority may, by written notice given to the holder of a licence, do either or both of the following—

(a) specify the frequency at which analyses must be carried out for this section,

(b) set out the standards required to be met for the samples being analysed.

109 Reports of analyses

109 Reports of analyses

(1) The holder of a licence must ensure every analysis carried out for section 108 is carried out in a laboratory approved by either of the following, for the particular type of analysis to be undertaken—

(a) the National Association of Testing Authorities, Australia,

(b) the Food Authority.

Maximum penalty—25 penalty units.

(2) The holder of a licence must, in accordance with subsection (4), notify the Food Authority of the details of an analysis carried out by or for the holder for section 108 if the results of the analysis indicate the sample analysed failed to meet—

(a) the standards set out in the NSW Food Safety Schemes Manual, or

(b) if a notice was given to the holder under section 108(6) setting out the required standards—the required standards.

Maximum penalty—25 penalty units.

(3) The person in charge of a laboratory in which an analysis is carried out must notify the Food Authority in writing within 24 hours after the analysis is completed of the details of the analysis if the results of the analysis indicate the sample analysed failed to meet the standards set out in the NSW Food Safety Schemes Manual.

Maximum penalty—25 penalty units.

(4) A notification under subsection (2) must—

(a) be made orally as soon as practicable and not later than 24 hours after the holder becomes aware of the results of the analysis, and

(b) be given in writing within 48 hours after the holder becomes aware of the results of the analysis.

Division 9 Miscellaneous

Division 9 Miscellaneous

110 Establishment of Meat Industry Consultative Council

110 Establishment of Meat Industry Consultative Council

(1) The Food Authority must establish a committee called the Meat Industry Consultative Council (the Council) with the following functions—

(a) undertaking consultation with the Food Authority for the Act, section 105, in relation to the meat food safety scheme,

(b) the ongoing review of the operation of the meat food safety scheme for the Act, section 102(2)(y).

(2) The Council must consist principally of persons from the meat industry appointed by the Food Authority.

(3) The Food Authority may also decide to appoint the following as members of the Council—

(a) members of staff of the Food Authority,

(b) other employees of the Department,

(c) representatives of other bodies or organisations.

(4) The Food Authority must appoint a chairperson of the Council from the members of the Council.

(5) The Food Authority must determine the procedure for the calling and holding of meetings of the Council.

111 Licence fees for meat businesses

111 Licence fees for meat businesses

(1) The holder of a licence that authorises the carrying on of one or more of the activities specified in Schedule 3, Part 2 must pay a licence fee each year to the Food Authority equal to the total of the fees applicable to the licence calculated in accordance with the part.

(2) The Food Authority may increase the amount of a licence fee payable under this section annually in accordance with the annual percentage increase, if any, in the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics.

Part 7 Plant products food safety scheme

Part 7 Plant products food safety scheme

112 Plant products food safety scheme

112 Plant products food safety scheme

For the Act, section 102, the following provisions are prescribed as a food safety scheme (the plant products food safety scheme)—

(a) for plant products businesses—

(i) Part 4, and

(ii) this part, and

(iii) Schedule 3, Part 3,

(b) for micro producers—this part.

s 112: Subst 2025 (429), Sch 9[3].

113 Definitions

113 Definitions

In the plant products food safety scheme—

berries means fresh berries and includes the following—

(a) blueberries,

(b) strawberries,

(c) berries from the genus Rubus.

fresh cut fruit means fruit that has been processed, including by trimming, cutting, slicing, peeling or pulling apart, but is still raw.

fresh cut vegetable means any of the following vegetables that have been processed, including by trimming, cutting, slicing, peeling or pulling apart, but are still raw—

(a) cabbage,

(b) capsicum,

(c) carrot,

(d) celery,

(e) chinese cabbage,

(f) leek,

(g) lettuce,

(h) mushroom,

(i) spinach,

(j) witlof,

(k) another leafy vegetable not included in paragraphs (a)–(j).

leafy vegetables means vegetables of a leafy nature if the leaf is consumed raw and includes baby leaves, lettuce and leafy herbs, but does not include seed sprouts.

melons means fresh melons and includes the following—

(a) honeydew melon,

(b) piel de sapo,

(c) rockmelon,

(d) watermelon.

micro producer means a business that grows or harvests the following from a property with a cultivated area less than 2ha—

(a) berries,

(b) leafy vegetables,

(c) melons.

pasteurisation means, in relation to fruit or vegetable juice—

(a) heating the juice to a temperature of not less than 72°C and keeping the juice at not less than 72°C for at least 15 seconds, or

(b) treating the juice using a technology or method that produces a lethal effect, equivalent to the method referred to in paragraph (a), on microorganisms present in the juice.

plant product means any of the following—

(a) berries,

(b) fresh cut fruit,

(c) fresh cut vegetables,

(d) leafy vegetables,

(e) melons,

(f) seed sprouts,

(g) unpasteurised juice,

(h) vegetables in oil.

plant products business—see section 114.

seed sprouts—

(a) means—

(i) sprouted beans, or

(ii) sprouted seeds, and

(b) does not include wheat grass.

small berry plant products business means a plant products business that grows or harvests berries from a property with a cultivated area of 2ha or more and less than 10ha.

small leafy vegetable plant products business means a plant products business that grows or harvests leafy vegetables from a property with a cultivated area of 2ha or more and less than 10ha.

small melon plant products business means a plant products business that grows or harvests melons from a property with a cultivated area of 2ha or more and less than 10ha.

unpasteurised juice means fruit or vegetable juice, or a mixture of fruit or vegetable juice, that has not been subject to pasteurisation.

vegetables in oil means the following if immersed wholly or partly in oil—

(a) fruits, vegetables or herbs,

(b) parts of fruits, vegetables or herbs,

(c) a combination of anything in paragraph (a) or (b).

s 113: Am 2025 (429), Sch 9[4] [5].

114 Meaning of “plant products business”

114 Meaning of “plant products business”

(1) In the plant products food safety scheme, plant products business means a business involving the handling of plant products, if any of the following activities are carried out in the operation of the business—

(a) extracting juice from vegetables or fruits without pasteurising the juice,

(b) processing seed sprouts, fruits or vegetables, excluding berries, leafy vegetables and melons, to produce plant products, including in the following ways—

(i) cutting,

(ii) peeling,

(iii) preserving,

(iv) cooking,

(c) storing plant products,

(d) transporting plant products,

(e) packaging plant products,

(f) growing or harvesting berries, leafy vegetables or melons from a property with a cultivated area of 2ha or more,

(g) processing berries, leafy vegetables or melons in the following ways—

(i) washing, trimming, sorting, sanitising,

(ii) combining harvested berries,

(iii) combining harvested leafy vegetables,

(iv) combining harvested melons,

(v) packing berries, leafy vegetables or melons,

(h) storing berries, leafy vegetables or melons in combination with a processing activity listed in paragraph (g),

(i) transporting berries, leafy vegetables or melons between primary processing premises in combination with a processing activity listed in paragraph (g).

(2) A reference to a business or activity in subsection (1) does not include a reference to a business or activity that is the subject of a declaration in force under section 116.

(3) To avoid doubt, micro producers are not plant products businesses.

s 114: Am 2025 (429), Sch 9[6]–[8].

115 Application of plant products food safety scheme to retail premises and food not intended for sale

115 Application of plant products food safety scheme to retail premises and food not intended for sale

The plant products food safety scheme does not apply to the handling of food—

(a) on retail premises, or

(b) in or from a vehicle from which the food is sold by retail, or

(c) not intended for sale.

116 Application of plant products food safety scheme to fresh cut fruit and vegetables, seed sprouts and juices

116 Application of plant products food safety scheme to fresh cut fruit and vegetables, seed sprouts and juices

(1) The Food Authority may, on the application of a person or on the Authority’s own initiative, declare that the plant products food safety scheme does not apply to a plant products business, or an activity of the plant products business, if the Food Authority is satisfied that the business, or the activity, involves the handling of a plant product, other than vegetables in oil, that will be—

(a) further processed to convert the plant product from being a plant product and reduce the risk of microbiological contamination in the product before it is supplied to a consumer, or

(b) in packaging, when supplied to a consumer, that indicates the plant product is not ready to consume until it is further processed in a way that will reduce the risk of microbiological contamination in the product.

(2) For this section, the risk of microbiological contamination is taken to be reduced—

(a) for fresh cut fruit, fresh cut vegetable and seed sprouts—by cooking or a process equivalent in effectiveness, or

(b) for unpasteurised juice—by pasteurisation or a process equivalent in effectiveness.

(3) The Food Authority may require an applicant for a declaration under this section to give information to the Food Authority that the Food Authority considers necessary to determine the application.

(4) The Food Authority may revoke a declaration under this section for a reason the Food Authority considers appropriate, but only after having given written notice of the intention to do so to the proprietor of the plant products business.

116A Application of Food Standards Code to primary production of berries—the Act, s 21(5)

116A Application of Food Standards Code to primary production of berries—the Act, s 21(5)

The following provisions of the Food Standards Code apply to a food business that involves the handling of berries and is primary food production—

(a) Standard 4.1.1, clauses 1–3,

(b) Standard 4.2.7.

s 116A: Ins 2025 (429), Sch 9[9].

116B Application of Food Standards Code to primary production of leafy vegetables—the Act, s 21(5)

116B Application of Food Standards Code to primary production of leafy vegetables—the Act, s 21(5)

The provisions of the Food Standards Code apply to businesses as follows—

(a) for a micro producer that grows or harvests leafy vegetables—

(i) Standard 3.2.2, clause 4, for the Act, section 100(1), and

(ii) Standard 4.1.1, clauses 1–3, and

(iii) Standard 4.2.8, as modified under this part,

(b) for a small leafy vegetable plant products business—

(i) Standard 4.1.1, and

(ii) Standard 4.2.8,

(c) for a food business operating from a property with a cultivated area of more than 10ha that involves the handling of leafy vegetables and is primary food production—

(i) Standard 3.2.1, and

(ii) Standard 4.1.1, and

(iii) Standard 4.2.8.

s 116B: Ins 2025 (429), Sch 9[9].

116C Application of Food Standards Code to primary production of melons—the Act, s 21(5)

116C Application of Food Standards Code to primary production of melons—the Act, s 21(5)

The provisions of the Food Standards Code apply to businesses as follows—

(a) for a micro producer that grows or harvests melons—

(i) Standard 3.2.2, clause 4, for the Act, section 100(1), and

(ii) Standard 4.1.1, clauses 1–3, and

(iii) Standard 4.2.9, as modified under this part,

(b) for a small melon plant products business—

(i) Standard 4.1.1, and

(ii) Standard 4.2.9,

(c) for a food business operating from a property with a cultivated area of more than 10ha that involves the handling of melons and is primary food production—

(i) Standard 3.2.1, and

(ii) Standard 4.1.1, and

(iii) Standard 4.2.9.

s 116C: Ins 2025 (429), Sch 9[9].

116D Modification of Food Standards Code

116D Modification of Food Standards Code

(1) The Food Standards Code, Standard 4.2.7 is modified, but only in relation to the storing and transporting of berries, by inserting after clause 3(3) the following subclause—

(4) This Standard does not apply to a primary horticulture processor if the only relevant activities are storing or transporting harvested berries.

(2) The Food Standards Code, Standard 4.2.8 is modified, but only in relation to the storing and transporting of leafy vegetables, by inserting after clause 3(3) the following subclause—

(4) This Standard does not apply to a primary horticulture processor if the only relevant activities are storing or transporting harvested leafy vegetables.

(3) The Food Standards Code, Standard 4.2.8 is modified, but only in relation to the primary production of leafy vegetables, by inserting after clause 4 the following clause—

(4) The Food Standards Code, Standard 4.2.9 is modified, but only in relation to the storing and transporting of melons, by inserting after clause 3(3) the following subclause—

(4) This Standard does not apply to a primary horticulture processor if the only relevant activities are storing or transporting harvested melons.

(5) The Food Standards Code, Standard 4.2.9 is modified, but only in relation to the primary production of melons, by inserting after clause 4 the following clause—

s 116D: Ins 2025 (429), Sch 9[9].

117 Plant products business to undertake analyses

117 Plant products business to undertake analyses

(1) The holder of a licence authorising the operation of a plant products business must, at the holder’s own expense, ensure the following are analysed in accordance with this section—

(a) samples of plant products that are handled by the plant products business authorised by the licence and are required by the NSW Food Safety Schemes Manual to be analysed,

(b) samples of seed used for sprouting,

(c) samples of spent irrigation water that has been used for seed sprouting,

(d) samples of water that—

(i) has not been supplied through a reticulated water system, and

(ii) is used in connection with the production and processing of plant products by the business.

Maximum penalty—25 penalty units.

(2) An analysis for this section must be carried out at the following frequencies—

(a) if a notice is served on the holder of the licence under subsection (3)—as required by the notice,

(b) otherwise—as required by the NSW Food Safety Schemes Manual.

(3) The Food Authority may, by written notice given to the holder of a licence, do either or both of the following—

(a) specify the frequency at which analyses must be carried out for this section,

(b) set out the standards required to be met for the samples being analysed.

118 Reports of analyses

118 Reports of analyses

(1) The holder of a licence must ensure every analysis carried out for section 117 is carried out in a laboratory approved by either of the following, for the particular type of analysis to be undertaken—

(a) the National Association of Testing Authorities, Australia,

(b) the Food Authority.

Maximum penalty—25 penalty units.

(2) The holder of a licence authorising the operation of a plant products business must, in accordance with subsection (4), notify the Food Authority of the details of an analysis carried out by or for the holder for section 117 if the results of the analysis indicate—

(a) the sample analysed failed to meet the standards set out in the NSW Food Safety Schemes Manual, or

(b) if a notice was given to the holder under section 117(3) setting out the required standards—the sample analysed failed to meet the required standards.

Maximum penalty—25 penalty units.

(3) The person in charge of a laboratory in which an analysis is carried out must notify the Food Authority in writing within 24 hours after the analysis is completed of the details of the analysis if the results of the analysis indicate the sample analysed failed to meet the standards set out in the NSW Food Safety Schemes Manual.

Maximum penalty—25 penalty units.

(4) A notification under subsection (2) must—

(a) be made orally as soon as practicable and not later than 24 hours after the holder becomes aware of the results of the analysis, and

(b) be given in writing within 48 hours after the holder becomes aware of the results of the analysis.

119 Establishment of Plant Products Industry Consultative Committee

119 Establishment of Plant Products Industry Consultative Committee

(1) The Food Authority must establish a committee called the Plant Products Industry Consultative Committee with the following functions—

(a) undertaking consultation with the Food Authority for the Act, section 105, in relation to the plant products food safety scheme,

(b) the ongoing review of the operation of the plant products food safety scheme for the Act, section 102(2)(y).

(2) The Committee must consist principally of persons from the plant products industry appointed by the Food Authority.

(3) The Food Authority may also decide to appoint the following as members of the Committee—

(a) members of staff of the Food Authority,

(b) other employees of the Department,

(c) representatives of other bodies or organisations.

(4) The Food Authority must appoint a chairperson of the Committee from the members of the Committee.

(5) The Food Authority must determine the procedure for the calling and holding of meetings of the Committee.

120 Licence fees for plant products businesses

120 Licence fees for plant products businesses

(1) The holder of a licence that authorises the carrying on of one or more of the activities specified in Schedule 3, Part 3 must pay a licence fee each year to the Food Authority equal to the total of the fees applicable to the licence calculated in accordance with the part.

(2) The Food Authority may increase the amount of a licence fee payable under this section annually in accordance with the annual percentage increase, if any, in the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics.

Part 8 Seafood safety scheme

Part 8 Seafood safety scheme

121 Seafood safety scheme

121 Seafood safety scheme

For the Act, section 102, the following provisions are prescribed as a food safety scheme for seafood businesses (the seafood safety scheme)—

(a) Part 4,

(b) this part,

(c) Schedule 3, Part 4,

(d) Schedule 7.

122 Definitions

122 Definitions

In the seafood safety scheme—

annual local shellfish program levy means the levy payable under Division 7.

depuration means the process using a controlled aquatic environment to reduce the level of pathogenic organisms that may be present in live shellfish.

estuarine waters means waters located within the estuary of a New South Wales river.

growing on means the process of juvenile bivalve molluscs being further grown for a sufficient period to enable the mollusc’s development before sale.

local committee means a local shellfish committee appointed under section 139.

local program means a local shellfish program prepared under section 136(3).

NSW Shellfish Committee means the NSW Shellfish Committee established under section 137.

NSW Shellfish Industry Manual means the NSW Shellfish Industry Manual published by the Food Authority, as in force from time to time.

Program means the New South Wales Shellfish Program established under section 136(1).

seafood—see section 123.

seafood business—see section 124.

shellfish—

(a) means bivalve molluscs, including clams, cockles, mussels, oysters, pipis and scallops, and

(b) does not include the following—

(i) scallops and pearl oysters, if the only part intended for human consumption is the adductor muscle,

(ii) the spat of bivalve molluscs.

spat means juvenile bivalve molluscs taken for the sole purpose of growing on.

transhipment means the process of transferring live shellfish between harvest areas.

wet storage means the temporary storage of shellfish in containers or tanks containing natural or artificial seawater for purposes other than depuration and may include de-sanding.

123 Meaning of “seafood”

123 Meaning of “seafood”

(1) In the seafood safety scheme, seafood means the following if intended for human consumption—

(a) aquatic vertebrates and aquatic invertebrates,

(b) a product of, or anything containing a product of, a thing referred to in paragraph (a).

(2) However, seafood does not include the following—

(a) amphibians, mammals or reptiles,

(b) aquatic plants,

(c) a product of, or anything containing a product of, an amphibian, mammal or reptile, or an aquatic plant, that does not also contain another thing referred to in subsection (1)(a) or (b).

124 Meaning of “seafood business”

124 Meaning of “seafood business”

(1) In the seafood safety scheme, seafood business means a business involving the handling of seafood, including the carrying on of any of the following activities—

(a) cultivating, harvesting or collecting shellfish,

(b) depuration or wet storage of shellfish,

(c) cultivating spat,

(d) processing seafood, including canning, cooking, filleting, gilling and gutting, high pressure processing, shucking, skinning, smoking and preserving,

(e) packaging seafood,

(f) storing seafood,

(g) transporting seafood, except transporting seafood from retail premises to the consumer or in a vehicle from which the seafood will be sold by retail,

(h) wholesaling seafood.

(2) For the seafood safety scheme, a seafood business—

(a) does not include—

(i) the act of taking or catching fin fish, crustacea or cephalopods, and

(ii) handling live lobsters, crayfish, abalone, crabs or sea urchins, and

(iii) retail sale of seafood, and

(b) does include handling of fin fish, crustacea or cephalopods immediately after the fin fish, crustacea or cephalopods are taken or caught, whether the handling occurs on board a vessel or otherwise.

125 Application of seafood safety scheme to retail premises and food not intended for sale

125 Application of seafood safety scheme to retail premises and food not intended for sale

The seafood safety scheme does not apply to the handling of food—

(a) on retail premises, or

(b) in or from a vehicle from which the food is sold by retail, or

(c) not intended for sale.

126 Certain vessels excluded from part

126 Certain vessels excluded from part

The seafood safety scheme does not apply to a vessel used in the handling of seafood intended for sale if the vessel is only used for one or more of the following purposes—

(a) the cultivating and handling of live estuarine bivalve molluscs,

(b) setting and retrieving fishing gear,

(c) towing.

127 Application of Food Standards Code to primary production of seafood

127 Application of Food Standards Code to primary production of seafood

For the Act, section 21(5), the following provisions of the Food Standards Code apply to a food business that involves the handling of seafood and is primary food production—

(a) Standard 3.2.1,

(b) Standard 4.2.1, as modified by this part.

128 Modification of Food Standards Code

128 Modification of Food Standards Code

Standard 4.2.1 of the Food Standards Code is modified as follows—

(a) by omitting the definition of growing on from clause 15 and by inserting instead—

growing on means the process of juvenile bivalve molluscs being further grown for a sufficient period to enable the mollusc’s development before sale.

(b) by omitting clause 16(3)(a) and by inserting instead—

(a) the conditions of the ASQAP Manual specified in the Schedule to this Standard; and

129 Application requirements

129 Application requirements

Without limiting the grounds on which the Food Authority may refuse to grant a licence, the Food Authority must not grant a licence authorising the carrying on of a seafood business unless satisfied the applicant has any necessary authorisation under the Fisheries Management Act 1994 to carry on the activities to which the application relates.

130 Suspension or cancellation of licence

130 Suspension or cancellation of licence

Without limiting the grounds on which the Food Authority may suspend or cancel a licence, the Food Authority may suspend or cancel a licence authorising the carrying on of a seafood business if any relevant authorisation under the Fisheries Management Act 1994 has been suspended or cancelled.

131 Seafood businesses to undertake analyses

131 Seafood businesses to undertake analyses

(1) The holder of a licence that authorises the operation of a seafood business must, at the holder’s own expense, ensure the following are analysed in accordance with this section—

(a) samples of seafood handled by the seafood business authorised by the licence and required by the NSW Food Safety Schemes Manual to be analysed,

(b) samples of shellfish handled by the seafood business authorised by the licence and required by the NSW Shellfish Industry Manual to be analysed,

(c) samples of the environments in which seafood handled by the seafood business authorised by the licence is grown and harvested, which are samples required by the NSW Shellfish Industry Manual to be analysed,

(d) samples of water that—

(i) has not been supplied through a reticulated water system and is used in connection with the production and processing of seafood by the business, and

(ii) is required by NSW Food Safety Schemes Manual to be analysed,

(e) samples of water used for the wet storage of shellfish and required by the NSW Shellfish Industry Manual to be analysed,

(f) samples of water used for the depuration of shellfish and required by the NSW Shellfish Industry Manual to be analysed.

Maximum penalty—25 penalty units.

(2) An analysis for this section of samples of the following must be carried out at the frequency required by the NSW Shellfish Industry Manual—

(a) shellfish,

(b) the environments in which seafood is grown and harvested,

(c) water used for the wet storage of shellfish,

(d) water used for the depuration of shellfish.

(3) An analysis for this section not referred to in subsection (2) must be carried out at the following frequencies—

(a) if a notice is served on the holder of the licence under subsection (4)—as required by the notice,

(b) otherwise—as required by the NSW Food Safety Schemes Manual.

(4) The Food Authority may, by written notice given to the holder of a licence, do either or both of the following—

(a) specify the frequency at which analyses, other than an analysis referred to in subsection (2), must be carried out for this section,

(b) set out the standards required to be met for the samples being analysed.