Food Regulation 2025
132Reports of analyses
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132 Reports of analyses
132 Reports of analyses
(1) The holder of a licence must ensure every analysis carried out for section 131 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 (3), notify the Food Authority of the details of an analysis carried out by or for the holder for section 131 if the results of the analysis indicate—
(a) for an analysis referred to in section 131(2)—the sample analysed failed to meet the standards set out in the NSW Shellfish Industry Manual, or
(b) otherwise—the sample analysed failed to meet—
(i) the standards set out in the NSW Food Safety Schemes Manual, or
(ii) if a notice was given to the holder under section 131(4) setting out the required standards—the required standards.
Maximum penalty—25 penalty units.
(3) A notification under subsection (2) must be—
(a) 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) given in writing within 48 hours after the holder becomes aware of the results of the analysis.
(4) The person in charge of a laboratory in which an analysis for section 131 is carried out must lodge a written report to the Food Authority of the results of the analysis within 24 hours after the analysis is completed if the analysis was of samples of—
(a) shellfish, or
(b) the environments in which seafood is grown and harvested, or
(c) water used for the wet storage of shellfish, or
(d) water used for the depuration of shellfish.
Maximum penalty—25 penalty units.
(5) The person in charge of a laboratory in which an analysis for section 140(1)(a)(ii) is carried out must lodge a written report to the Food Authority of the results of the analysis within 24 hours after the analysis is completed.