Food Regulations 2009 (Western Australia)

The Food Regulations 2009 (WA) (the regulations) operationalise parts of the Food Act 2008 by (a) adopting and incorporating external food safety instruments, (b) defining specific regulatory duties for meat and pet‑meat production, labelling and branding, and (c) prescribing fees, notification requirements and enforcement mechanisms. The regulations dynamically adopt the Food Standards Code (FSC) and several Australian Standards for meat, game and related products as they stand from time to time (regulation 7; regulation 18(1)). They also modify aspects of those adopted standards (regulation 19). Those adoptions make the external standards enforceable under the Act.

Mechanically the regulations allocate enforcement responsibility between the CEO of the Department and local governments (regulations 4-5), create limited exemptions from registration or other duties (Part 3, regulations 10-13), and set out mandatory steps where specified pathogens have been isolated in connection with a food business (Part 4, regulations 14-16). They impose inspection and branding regimes for carcasses and animals (Part 5, Division 3, regulations 21-27), set out requirements specific to pet meat including staining, packaging, labelling, traceability and notification (Part 5, Division 4, regulations 30-40), and require compliance with adopted Australian Standards for abattoirs, processing premises, field depots and transport (regulations 46-50).

The text prescribes inspection fees for abattoirs (regulation 41 and Schedule 1), authorises local governments to require security and to apply security to recover unpaid fees (regulations 43-44), and permits withdrawal of inspection services under stated conditions (regulation 45). The regulations also nominate prescribed fees and a schedule of modified penalties for certain offences under the Food Act 2008 and the regulations themselves (regulations 52-53 and Schedules 2-3). They supply forms for infringement notices and withdrawal of infringement notices (regulation 54 and Schedules 4-5).

CrestWestern Australia

Food Act 2008

Food Regulations 2009

Western Australia

Food Regulations 2009

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1
Appropriate enforcement agency: CEO (s. 8) 2
Appropriate enforcement agency: local government (s. 8) 3
Food production activities that are not primary food production (s. 11(2)) 4

Part 2 — Adoption of Food Standards Code

Adoption of Food Standards Code (s. 144(7)) 5
FSC standard 4.2.4 clause 15: express provision for goat’s milk 5

Part 3 — Exempted food businesses

Term used: potentially hazardous food 6
Food businesses conducted as fundraising events (s. 109) 6
Food businesses that sell certain packaged food (s. 109) 7
Food businesses that provide complimentary drinks in conjunction with another kind of business (s. 109) 7
Food businesses conducted at registered establishments (s. 109) 7

Part 4 — Control of pathogens

Term used: pathogen 8
CEO to be informed of isolation of pathogens associated with food businesses 8
CEO may give directions 9

Part 5 — Meat hygiene

Division 1 — Preliminary

Terms used 10

Division 2 — Adoption of certain Australian Standards

Adoption of certain Australian Standards (s. 144(6)) 12
Modification of adopted standards 13

Division 3 — Inspection and branding

Application of Division to primary producers 13
Inspection of animals and carcases at abattoirs 14
Branding carcases if fit for human consumption 15
Branding carcases if fit for consumption by animals 15
How carcases are to be branded 16
Branding carcases if unfit for human consumption or unfit for consumption by animals 17
Offences relating to brands or tags 17
Restrictions on sale of carcases 18

Division 4 — Pet meat

Subdivision 1 — Preliminary

Term used: proprietor 19

Subdivision 2 — Staining of pet meat

Term used: dressing 19
Requirement for pet meat to be stained 19
How pet meat is to be stained 20
Removal of stain from pet meat prohibited 20

Subdivision 3 — Requirements relating to packaged and unpackaged pet meat

Pet meat sold by food businesses to be packaged 20
Unpackaged pet meat to be sold only at animal food processing premises or retail pet meat shops 21
Unpackaged pet meat to be stored at animal food processing premises and retail pet meat shops in marked containers 21
Unpackaged pet meat and food not to be processed, handled or sold at same food business premises 22

Subdivision 4 — Other requirements

Proprietor of animal food processing premises to establish and maintain system for tracing pet meat 23
Meat and game meat for human consumption not to be stored in animal food processing premises 24
Pet meat not to be sold as food 24

Subdivision 5 — Notification of conduct of business at animal food processing premises and retail pet meat shops

Notification of conduct of business at animal food processing premises and retail pet meat shops 24

Division 5 — Statements and inspection fees

Statements and inspection fees 25
Application of inspection fees 26
Local governments may require security 26
Application of security to recover unpaid fees 27
Withdrawal of inspection services 27

Division 6 — Premises used in meat production

Abattoirs and processing premises to comply with requirements of adopted standards 28
Slaughtering and processing to comply with requirements of adopted standards 28

Division 7 — Premises used in game meat production

Field depots to comply with requirements of wild game standard 29
Wild game meat processing establishments to comply with requirements of wild game standard 29

Division 8 — Transporting meat and game meat

Vehicles transporting meat or game meat 30

Part 6 — Miscellaneous

Enforcement agency may make list of food businesses publicly available 31
Prescribed fees 31
Prescribed offences and modified penalties (s. 126) 31
Prescribed forms (s. 126(3) and (7)) 31

Schedule 1 — Inspection fees

Schedule 2 — Prescribed fees

Schedule 3 — Prescribed offences and modified penalties

Schedule 4 — Infringement notice

Schedule 5 — Notice to withdraw infringement notice

Notes

Compilation table 40

Editorial changes table 42

Other notes 42

Defined terms

Food Act 2008

Food Regulations 2009

Part 1 — Preliminary

1. Citation

	These regulations are the *Food Regulations 2009*.

2. Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on the day on which the Food Act 2008 section 147(14) comes into operation 1.

3. Terms used

In these regulations —

abattoir means premises used for or in connection with the slaughtering of animals for human consumption, including holding yards and similar places;

animal food processing premises has the meaning given in regulation 17;

district means an area that has been declared to be a district under the Local Government Act 1995;

FSC standard means a standard that forms part of the Food Standards Code;

registered establishment has the meaning given in the Export Control Act 2020 (Commonwealth) section 12;

retail pet meat shop has the meaning given in regulation 17;

wild game meat processing establishment has the meaning given in the wild game standard;

wild game standard means the standard adopted under regulation 18(1)(e).

4. Appropriate enforcement agency: CEO (s. 8)

(1) In this regulation —

bivalve mollusc has the meaning given in FSC standard 4.2.1;

dairy primary production business has the meaning given in FSC standard 4.2.4;

dairy processing business has the meaning given in FSC standard 4.2.4;

dairy transport business has the meaning given in FSC standard 4.2.4;

King’s Park means all of the land from time to time within Reserve No. 1720 classified as of Class A;

manufacturing of seafood has the meaning given in FSC standard 4.2.1;

primary production of seafood has the meaning given in FSC standard 4.2.1;

public hospital has the meaning given in the Health Services Act 2016 section 8(6);

Rottnest Island means the Rottnest Island Reserve described in the Rottnest Island Authority Act 1987 section 4.

(2) For the definition of appropriate enforcement agency in section 8 of the Act, the CEO is the appropriate enforcement agency for the purposes of a provision to the extent to which the provision has effect in relation to a food business that —

(a) is conducted at a public hospital and prepares food for patients in the hospital; or

(b) is a dairy primary production business, a dairy processing business or a dairy transport business; or

(c) is engaged in the primary production of seafood, or the manufacturing of seafood, if the seafood involved in that primary production or manufacturing consists of or includes bivalve molluscs; or

(da) is conducted at premises located in King’s Park or on Rottnest Island; or

(d) is not in a district.

[Regulation 4 amended: Gazette 20 Mar 2015 p. 905‑6; 24 Jun 2016 p. 2312.]

5. Appropriate enforcement agency: local government (s. 8)

For the definition of appropriate enforcement agency in section 8 of the Act, a local government is the appropriate enforcement agency for the purposes of a provision —

(a) if the CEO is not the appropriate enforcement agency for the purposes of the provision under regulation 4; and

(b) to the extent to which the provision has effect in relation to —

(i) a food business that is conducted at premises in the local government’s district; or

(ii) animal food processing premises in the local government’s district; or

(iii) a retail pet meat shop in the local government’s district.

6. Food production activities that are not primary food production (s. 11(2))

For section 11(2) of the Act, any food production activity to which a standard in Chapter 4 of the Food Standards Code applies is prescribed.

Part 2 — Adoption of Food Standards Code

7. Adoption of Food Standards Code (s. 144(7))

Under section 144(7) of the Act, the Food Standards Code is adopted as in force from time to time.

8. FSC standard 4.2.4 clause 15: express provision for goat’s milk

Clause 15 of FSC standard 4.2.4 does not apply to goat’s milk.

Part 3 — Exempted food businesses

9. Term used: potentially hazardous food

In this Part —

potentially hazardous food has the meaning given in FSC standard 3.2.2.

10. Food businesses conducted as fundraising events (s. 109)

(1) For section 109 of the Act, a food business conducted at any premises is an exempted food business in respect of those premises if —

(a) the food business is conducted to raise money solely for purposes that are of a charitable or community nature; and

(b) any food handled in the course of conducting the food business —

(i) is not potentially hazardous food; or

(ii) after being appropriately cooked, is provided by the food business for immediate consumption.

(2) If —

(a) a food business conducted at any premises is an exempted food business under subregulation (1); and

(b) notification is given by the proprietor of the food business under section 107(1) of the Act in respect of those premises,

the requirement for the notification to be accompanied by a fee under section 107(3) or (4) of the Act does not apply.

11. Food businesses that sell certain packaged food (s. 109)

For section 109 of the Act, a food business conducted at any premises is an exempted food business in respect of those premises if the food business consists solely of selling food —

(a) that is not potentially hazardous food; and

(b) that cannot be handled in the course of conducting the food business because the food is contained in a closed package.

12. Food businesses that provide complimentary drinks in conjunction with another kind of business (s. 109)

For section 109 of the Act, a food business conducted at any premises is an exempted food business in respect of those premises if the food business consists solely of providing complimentary drinks in conjunction with another business conducted at those premises that is not a food business.

13. Food businesses conducted at registered establishments (s. 109)

For section 109 of the Act, a food business conducted at any premises is an exempted food business in respect of those premises if the premises are, or form part of, a registered establishment.

Part 4 — Control of pathogens

14. Term used: pathogen

In this Part —

pathogen means any of these pathogens —

(a) Listeria monocytogenes;

(b) all Salmonella species;

(d) verotoxigenic E. coli.

15. CEO to be informed of isolation of pathogens associated with food businesses

(1) Subregulation (2) applies to a person if —

(a) the person is the proprietor of a food business and is informed of the isolation, or suspected isolation, of a pathogen from food, a person, premises, a vehicle or anything else associated with the food business; or

(b) the person is in charge of a laboratory at which a pathogen is isolated, or suspected to have been isolated, from food, a person, premises, a vehicle or anything else associated with a food business.

(2) The person —

(a) must immediately give the CEO oral notice of the isolation, or suspected isolation, referred to in subregulation (1); and

(b) within 24 hours after giving the oral notice — must give the CEO written notice, in the approved form, confirming the oral notice.

Penalty: a fine of $5 000.

16. CEO may give directions

(1) The CEO may give any person an oral or written direction as to the procedures to be followed by the person in respect of a pathogen of which the CEO has been given notice under regulation 15.

(2) A person must not, without reasonable excuse, fail to comply with a direction given to the person under subregulation (1).

Penalty: a fine of $5 000.

(3) If the CEO gives a person an oral direction under subregulation (1), the CEO must, as soon as is practicable, give the person a written direction confirming the oral direction.

(4) Without limiting subregulation (1), the procedures in relation to which a direction may be given under that subregulation include —

(a) the preparation, packing, storing, handling, conveying, disposal or isolation of food that contains, or is suspected to contain, a pathogen; and

(b) the procedures to be undertaken to complete the identification of the micro‑organism that is, or is suspected to be, a pathogen.

Part 5 — Meat hygiene

Division 1 — Preliminary

17. Terms used

In this Part —

adopted standard means a standard adopted under regulation 18(1);

animal does not include a fish, crustacean or mollusc;

animal food processing premises means —

(a) a pet meat processing establishment; or

(b) a knackery;

authorised officer means an authorised officer whose appointment under section 122 of the Act authorises the officer to perform functions for the purposes of this Part;

carcase means the whole or part of the body of a slaughtered animal but does not include any part of the body (such as blood, viscera, head or hide) removed or severed during or immediately following slaughter;

field depot has the meaning given in the wild game standard;

game means bird, buffalo, camel, deer, donkey, goat, hare, horse, kangaroo, rabbit, pig, possum or wallaby;

game meat has the meaning given in FSC standard 1.6.2;

knackery means premises at which animals are slaughtered for the production of pet meat;

meat has the meaning given in FSC standard 2.2.1;

meat standard means the standard adopted under regulation 18(1)(a);

pet meat means raw meat or raw game meat that is intended for consumption by animals that are domesticated or kept in captivity;

pet meat processing establishment means premises at which pet meat is processed, identified, handled, packed or stored;

poultry means avian species ordinarily consumed by humans (such as fowls, ducks, geese, turkeys, pigeons, pheasants, quails and guinea fowls) but does not include emus or ostriches;

processing premises means —

(a) premises where meat is processed for human consumption; or

(b) premises where smallgoods are manufactured; or

(c) butchers’ premises where the butcher supplies meat and meat products for further processing and sale (whether or not in conjunction with retail sales),

but does not include —

(d) butchers’ premises, or other premises, if the sales from the premises are predominantly retail sales; or

(e) field depots or wild game meat processing establishments;

proprietor, of an abattoir, processing premises or other premises at which a food business is conducted, means the proprietor of the food business conducted at those premises;

proprietor, of animal food processing premises, means —

(a) the person carrying on the business conducted at those premises; or

(b) if that person cannot be identified — the person in charge of that business;

retail pet meat shop means premises at which pet meat that is not in a closed package is sold by way of retail sale (whether or not pet meat that is in a closed package is also sold).

Division 2 — Adoption of certain Australian Standards

18. Adoption of certain Australian Standards (s. 144(6))

(1) Under section 144(6) of the Act, these standards are adopted as in force from time to time and with the modifications described in regulation 19 —

(a) the Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696);

(b) the Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption (AS 4466);

(d) the Australian Standard for Hygienic Production of Crocodile Meat for Human Consumption (AS 4467);

(e) the Australian Standard for Hygienic Production of Wild Game Meat for Human Consumption (AS 4464);

(f) the Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (AS 4465);

(g) the Australian Standard for the Hygienic Production of Natural Casings for Human Consumption (AS 5011);

(h) the Australian Standard for the Hygienic Rendering of Animal Products (AS 5008).

(2) The wild game standard is adopted only to the extent to which it applies to game.

(3) The CEO is to make copies of the adopted standards available for public inspection during normal business hours at the offices of the Department at Grace Vaughan House, 227 Stubbs Terrace, Shenton Park.

(4) In subregulation (3) —

Department means the department of the Public Service principally assisting in the administration of the Act.

19. Modification of adopted standards

(1) A reference in an adopted standard to the Controlling Authority is to be read as a reference to the CEO.

(2) A reference in an adopted standard to an inspector or a meat safety inspector is to be read as a reference to an authorised officer.

(3) A reference in the meat standard to a meat transport vehicle or a meat carrying compartment is to be read as not including a reference to a vehicle, or any part of a vehicle, used in the conduct of a food business for the purpose of transporting wrapped meat from retail premises to a customer who purchased the meat by way of retail sale.

(4) The CEO, in the CEO’s capacity as the Controlling Authority referred to the meat standard, wild game standard or a standard adopted under regulation 18(1)(b), (c) or (d), is not to approve a quality assurance programme or arrangement under the standard in respect of any premises unless satisfied that at least one authorised officer will be present when any animals are slaughtered for human consumption at those premises.

Division 3 — Inspection and branding

20. Application of Division to primary producers

(1) In this regulation —

primary producer means a person who carries on a farming or grazing business on land that is —

(a) zoned for rural purposes under a local planning scheme under the Planning and Development Act 2005; and

(b) used solely or principally for farming or grazing purposes or for both of those purposes.

(2) This Division does not apply in relation to an animal that is to be slaughtered —

(a) by or for a primary producer; and

(b) on the land on which the primary producer carries on the farming or grazing business; and

21. Inspection of animals and carcases at abattoirs

(1) Subregulation (2) applies if an adopted standard requires an animal to be inspected before it is slaughtered.

(2) The proprietor of an abattoir must ensure that, before an animal is slaughtered, it is inspected by an authorised officer in accordance with the adopted standard.

Penalty: a fine of $5 000.

(3) Subregulation (4) applies if an adopted standard requires the carcase to be inspected after an animal is slaughtered.

(4) The proprietor of an abattoir must ensure that, after an animal is slaughtered, the carcase is inspected by an authorised officer in accordance with the adopted standard.

Penalty: a fine of $5 000.

(5) This regulation does not apply to —

(a) the proprietor of an abattoir in the district of Kellerberrin or Kondinin; or

(b) the proprietor of an abattoir that is a registered establishment.

22. Branding carcases if fit for human consumption

(1) The proprietor of an abattoir at which a carcase is inspected and passed as fit for human consumption must ensure the carcase is branded in accordance with regulation 24 by the use of an appropriate brand approved by the CEO for the purposes of this regulation.

Penalty: a fine of $5 000.

(2) A brand approved by the CEO to brand a carcase for the purposes of this regulation is to include a means of identifying the premises at which the animal was slaughtered.

(3) Subregulation (1) does not apply in relation to —

(a) a carcase of poultry; or

(b) a carcase of an animal slaughtered in the district of Kellerberrin or Kondinin; or

(c) a carcase that is to be processed in a boning room (whether located at the abattoir or at separate premises) if the carcase is tagged with a tag specifying the name of the abattoir and the date on which the animal was slaughtered.

[Regulation 22 amended: Gazette 11 Aug 2015 p. 3219.]

23. Branding carcases if fit for consumption by animals

(1) The proprietor of animal food processing premises at which a carcase is inspected and passed as fit for consumption by animals must ensure that the carcase is branded in accordance with regulation 24 by the use of an appropriate brand approved by the CEO for the purposes of this regulation.

Penalty: a fine of $5 000.

(2) A brand approved by the CEO to brand a carcase for the purposes of this regulation is to include a means of identifying the premises at which the animal was slaughtered.

(3) Subregulation (1) does not apply in relation to a carcase of poultry.

24. How carcases are to be branded

(1) This regulation applies to a carcase that is to be branded under regulation 22 or 23.

(2) Except for rabbits, the carcase is to be branded on each side.

(3) For a bovine, the carcase is to be branded —

(a) on the outside of the buttock; and

(b) on the outside of the ribs; and

(4) For a sheep, goat or deer, the carcase is to be branded —

(a) on the outside of the leg; and

(b) on the shoulder.

(5) For a pig, the carcase is to be branded —

(a) on the outside of the leg; and

(b) on the outside of the loin; and

(d) on the outside of the cheek.

(6) For game other than a rabbit, goat, deer or pig, the carcase is to be branded —

(a) on the outside of the buttock; and

(b) on the shoulder.

(7) For a rabbit, the carcase is to be branded on one side of the neck.

(8) A brand applied to a carcase under this regulation is to be —

(a) coloured red for a carcase passed as fit for human consumption or blue for a carcase passed as fit for consumption by animals; and

(b) made from a substance listed in a Schedule to FSC standard 1.3.1.

25. Branding carcases if unfit for human consumption or unfit for consumption by animals

(1) The proprietor of an abattoir must ensure that a carcase, other than a carcase of poultry, that is rejected, or a portion of which is rejected, as unfit for human consumption is branded in accordance with subregulation (3).

Penalty: a fine of $5 000.

(2) The proprietor of animal food processing premises must ensure that a carcase, other than a carcase of poultry, that is rejected, or a portion of which is rejected, as unfit for consumption by animals is branded in accordance with subregulation (3).

Penalty: a fine of $5 000.

(3) The carcase is to be branded on the shoulders, loins and legs, or on the portion of the carcase that is rejected, with a brand approved by the CEO for the purposes of this regulation.

(4) A brand approved by the CEO to brand a carcase for the purposes of this regulation is to include a means of identifying the premises at which the animal was slaughtered.

(5) A brand applied to a carcase under this regulation is to be coloured blue and made from a substance listed in a Schedule to FSC standard 1.3.1.

26. Offences relating to brands or tags

(1) A person other than an authorised officer or a person acting on the direction of an authorised officer must not brand or tag a carcase for the purposes of regulation 22.

Penalty: a fine of $5 000.

(2) Subregulation (1) does not apply to a carcase branded or tagged at a registered establishment.

(3) A person must not, for a purpose relating to fitness for consumption, brand or tag a carcase or cause a carcase to be branded or tagged except in accordance with this Division.

Penalty: a fine of $5 000.

(4) A person must not remove from a carcase before it is sold by way of retail sale a brand applied to the carcase under this Division.

Penalty: a fine of $5 000.

(5) A person must not remove from a carcase before it is processed in a boning room a tag attached to the carcase under regulation 22(3)(c).

Penalty: a fine of $5 000.

[Regulation 26 amended: Gazette 11 Aug 2015 p. 3220.]

27. Restrictions on sale of carcases

(1) Unless a carcase is branded in accordance with this Division, a person must not —

(a) sell the carcase; or

(b) offer or expose the carcase for sale; or

Penalty: a fine of $5 000.

(2) Subregulation (1) does not apply to a carcase intended for human consumption that —

(a) under regulation 22(3)(a) or (c) is not required to be branded; or

(b) under regulation 22(3)(b) is not required to be branded and is sold, offered or exposed for sale, or possessed for the purpose of sale in the district of Kellerberrin or Kondinin.

[Regulation 27 amended: Gazette 11 Aug 2015 p. 3220.]

Division 4 — Pet meat

Subdivision 1 — Preliminary

28. Term used: proprietor

In this Division —

proprietor, of a retail pet meat shop, means —

(a) the person carrying on the business conducted at the retail pet meat shop; or

(b) if that person cannot be identified — the person in charge of that business.

Subdivision 2 — Staining of pet meat

29. Term used: dressing

In this Subdivision —

dressing, of an animal, means the process by which a dead animal becomes a carcase, which includes the removal, as appropriate, of the head, feet, hide, skin, hair, feathers, viscera, genital organs and urinary tract.

30. Requirement for pet meat to be stained

(1) The proprietor of animal food processing premises must ensure that any pet meat produced at those premises —

(a) is subjected to a heat treatment process approved by the appropriate enforcement agency; or

(b) is stained in accordance with regulation 31.

Penalty: a fine of $5 000.

(2) Subregulation (1) does not apply to pet meat produced at animal food processing premises if, immediately after the dressing of the animal from which the pet meat is produced, the pet meat is placed in a closed package —

(a) that complies with the requirements for a closed package in regulation 33(1); and

(b) that has a mass not greater than 1 kg.

31. How pet meat is to be stained

For the purposes of regulation 30(1)(b), pet meat is to be stained with a blue dye made from a substance listed in a Schedule to FSC standard 1.3.1 —

(a) after the dressing of the animal from which the pet meat is produced; and

(b) in such a manner that the staining remains visible if the pet meat is broken up for sale.

32. Removal of stain from pet meat prohibited

A person must not remove, or attempt to remove, the stain applied to pet meat in accordance with regulation 31.

Penalty: a fine of $5 000.

Subdivision 3 — Requirements relating to packaged and unpackaged pet meat

33. Pet meat sold by food businesses to be packaged

(1) The proprietor of a food business must ensure that pet meat is not sold from premises at which the business is conducted unless the pet meat is in a closed package —

(a) that is not damaged; and

(b) that is made of an impervious material; and

(i) the package cannot be opened and resealed without it being evident that the package has been opened and resealed; and

(ii) liquid cannot escape from the package;

and

(d) that has “Pet Meat — Not for Human Consumption” prominently displayed on it in letters not less than 5 mm in height.

Penalty: a fine of $5 000.

(2) The proprietor of a food business must ensure that, if both food and packages of pet meat are stored or displayed at premises at which the business is conducted, an impervious barrier separates the food and the packages of pet meat.

Penalty: a fine of $5 000.

34. Unpackaged pet meat to be sold only at animal food processing premises or retail pet meat shops

A person must not sell pet meat that is not in a closed package except at animal food processing premises, or a retail pet meat shop, in respect of which notification has been given under regulation 40.

Penalty: a fine of $5 000.

35. Unpackaged pet meat to be stored at animal food processing premises and retail pet meat shops in marked containers

(1) The proprietor of animal food processing premises, or a retail pet meat shop, must ensure that any pet meat —

(a) that is not in a closed package; and

(b) that is stored at the premises or shop for the purpose of sale,

is stored in a container that complies with subregulation (2).

Penalty: a fine of $5 000.

(2) The container is to have displayed on it —

(a) in the case of animal food processing premises — the address of the premises and the name of the business conducted at those premises; and

(b) in the case of a retail pet meat shop — the address of the animal food processing premises from which the pet meat was supplied and the name of the business conducted at those premises; and

36. Unpackaged pet meat and food not to be processed, handled or sold at same food business premises

(1A) In this regulation —

poultry processing premises has the same meaning as in the poultry standard;

poultry standard means the standard adopted under regulation 18(1)(f).

(1) The proprietor of a food business must ensure that no pet meat other than pet meat that is in a closed package is processed, handled, stored or sold in or from the premises in or from which food is processed, handled, stored or sold.

Penalty: a fine of $5 000.

(2) Subregulation (1) does not apply to the handling or storage of pet meat in an abattoir if the requirements stated in clauses 17.1 to 17.9 and 17.12 to 17.14 of the meat standard are, to the extent applicable, complied with in relation to the handling or storage of that pet meat.

(3) Subregulation (1) does not apply to the handling or storage of pet meat in a wild game meat processing establishment if the requirements stated in Section 13 (Animal Food and Pharmaceutical Material) of the wild game standard are, to the extent applicable, complied with in relation to the handling or storage of that pet meat.

(4) Subregulation (1) does not apply to the handling or storage of pet meat in poultry processing premises if the requirements stated in clauses 15.148 and 15.149 of the poultry standard are, to the extent applicable, complied with in relation to the handling or storage of that pet meat.

(5) Subregulation (1) does not apply to the processing, handling, storage or sale of pet meat at premises if the pet meat, before it became pet meat, was processed, handled or stored as food at those premises.

[Regulation 36 amended: Gazette 20 Apr 2012 p. 1697.]

Subdivision 4 — Other requirements

37. Proprietor of animal food processing premises to establish and maintain system for tracing pet meat

The proprietor of animal food processing premises —

(a) must establish and maintain a system that enables, to the extent reasonably possible, any pet meat supplied from those premises —

(i) to be identified as having been supplied from those premises; and

(ii) to be traced by the proprietor to the person who supplied to those premises the carcases from which the pet meat was produced; and

(iii) to be recalled by the proprietor;

and

(b) must have a written plan that documents that system.

Penalty: a fine of $5 000.

38. Meat and game meat for human consumption not to be stored in animal food processing premises

The proprietor of animal food processing premises must ensure that no meat or game meat, for human consumption, is stored at those premises.

Penalty: a fine of $5 000.

39. Pet meat not to be sold as food

(1) In this regulation —

proprietor, of a business, in relation to premises at which the business is conducted, means —

(a) the person carrying on the business conducted at those premises; or

(b) if that person cannot be identified — the person in charge of that business.

(2) The proprietor of a business must ensure that no pet meat branded as fit for consumption by animals is sold as food from premises at which the business is conducted.

Penalty: a fine of $5 000.

Subdivision 5 — Notification of conduct of business at animal food processing premises and retail pet meat shops

40. Notification of conduct of business at animal food processing premises and retail pet meat shops

The proprietor of animal food processing premises, or of a retail pet meat shop, must not conduct business at those premises or that shop unless the proprietor has given written notification, in the approved form, to the appropriate enforcement agency that sets out —

(a) the contact details for the premises or shop, including the name of the business conducted at the premises or shop, the address of the premises or shop and the name and address of the proprietor; and

(b) a description of the business that is conducted at the premises or shop.

Penalty: a fine of $5 000.

Division 5 — Statements and inspection fees

41. Statements and inspection fees

(1) The proprietor of an abattoir at which animals or carcases are inspected as required under this Part must lodge with the appropriate enforcement agency a signed statement, in a form approved by and at the times determined by the enforcement agency, setting out the information required by the enforcement agency about animals slaughtered at the abattoir.

Penalty: a fine of $5 000.

(2) The proprietor of an abattoir at which animals or carcases are inspected as required under this Part must pay to the appropriate enforcement agency, in accordance with subregulation (3), the appropriate fee set out in Schedule 1 for each inspection.

Penalty: a fine of $5 000.

(3) Fees under subregulation (2) —

(a) are payable weekly, fortnightly or monthly, as determined by the appropriate enforcement agency; and

(b) are to be paid within 7 days after the end of the week, fortnight or month in which the inspections are carried out.

(4) If the appropriate enforcement agency does not make a determination for the purposes of subregulation (3) in relation to a fee, the fee is payable monthly.

42. Application of inspection fees

(1) A local government to which a fee is paid under regulation 41 is to credit the amount of the payment to an account —

(a) established and maintained by the local government for the purposes of this subregulation; and

(b) to be called the [name of local government] Meat Inspection Account.

(2) Any funds standing to the credit of an account referred to in subregulation (1)(b) are to be applied by the local government only to the payment of the costs of inspections carried out by authorised officers under Division 3 at premises in the district of the local government.

(3) An account maintained by a local government under the Health (Miscellaneous Provisions) Act 1911 section 246F(4)(b) 2 immediately before the commencement of this regulation may be used by the local government for the purposes of subregulation (1).

[Regulation 42 amended: Gazette 10 Jan 2017 p. 254.]

43. Local governments may require security

(1) A local government may require a person to provide security, in a form approved by the local government, for the payment of fees by the person to the local government under regulation 41.

(2) If security is to be provided under subregulation (1) in the form of a contract of insurance, the local government may require that the contract provides for the local government to be a joint insured or a beneficiary.

(3) A person who has provided security to a local government under subregulation (1) may apply in writing to the local government for the security to be discharged.

44. Application of security to recover unpaid fees

(1) If any fees —

(a) are due and payable by a person under regulation 41 to a local government; and

(b) have not been paid within 30 days after notice requiring the fees to be paid is served on the person by the local government,

the local government may use any security provided by the person under regulation 43(1) to recover the amount of the unpaid fees.

(2) Subregulation (1) does not limit the means by which unpaid fees that are due and payable to a local government under regulation 41 may be recovered.

45. Withdrawal of inspection services

(1) A local government may decide not to provide authorised officers to carry out inspections at an abattoir at which inspections are required under this Part until the proprietor of the abattoir —

(a) pays any fees due and payable under the Act or these regulations to the local government by the proprietor; or

(b) complies with any order or direction lawfully given to the proprietor under the Act or these regulations; or

(2) A local government is not to make a decision under subregulation (1)(a) or (c) unless the local government —

(a) has given written notice of the local government’s intention to make the decision to the proprietor of the abattoir; and

(b) has stated in the notice that the proprietor has a period (which is to be at least 7 days after the notice is given) to make submissions to the local government in relation to that intention; and

Division 6 — Premises used in meat production

46. Abattoirs and processing premises to comply with requirements of adopted standards

(1) The proprietor of an abattoir must ensure that the abattoir complies with the requirements of any adopted standard that apply to the abattoir.

Penalty: a fine of $5 000.

(2) The proprietor of processing premises must ensure that the premises comply with the requirements of any adopted standard that apply to the premises.

Penalty: a fine of $5 000.

47. Slaughtering and processing to comply with requirements of adopted standards

(1) The proprietor of an abattoir must ensure that the slaughtering of any animal at the abattoir complies with the requirements of any adopted standard that apply to that slaughtering.

Penalty: a fine of $5 000.

(2) Despite subregulation (1), the proprietor of an abattoir in the district of Kellerberrin or Kondinin is not required to comply with clauses 10.1, 10.2, 10.3, 10.5 and 10.11 of the meat standard.

(3) The proprietor of processing premises must ensure that the processing of meat or manufacturing of smallgoods at the premises complies with the requirements of any adopted standard that apply to that processing or manufacturing.

Penalty: a fine of $5 000.

Division 7 — Premises used in game meat production

48. Field depots to comply with requirements of wild game standard

(1) The proprietor of a field depot must ensure that the field depot complies with the requirements of the wild game standard that apply to the field depot.

Penalty: a fine of $5 000.

(2) The proprietor of a field depot must not cause or permit a carcase of game to be stored at the field depot unless —

(a) the game was slaughtered and the carcase is tagged in accordance with the wild game standard; and

(b) any other requirement of that standard relating to the storage of a carcase of game is complied with.

Penalty: a fine of $5 000.

49. Wild game meat processing establishments to comply with requirements of wild game standard

(1) In this regulation —

requirements of the wild game standard means the requirements of that standard that relate to game.

(2) The proprietor of a wild game meat processing establishment must ensure that the establishment complies with the requirements of the wild game standard that apply to the establishment.

Penalty: a fine of $5 000.

(3) The proprietor of a wild game meat processing establishment must ensure that the food business conducted at the establishment complies with the requirements of the wild game standard that apply to that food business.

Penalty: a fine of $5 000.

Division 8 — Transporting meat and game meat

50. Vehicles transporting meat or game meat

The proprietor of a food business in which a food transport vehicle is used for the transport of meat or game meat must ensure that the vehicle complies with, and is operated in accordance with, the requirements of any adopted standard that apply to, or to the operation of, the vehicle.

Penalty: a fine of $5 000.

Part 6 — Miscellaneous

51. Enforcement agency may make list of food businesses publicly available

An enforcement agency may make a list of food businesses maintained by the agency under section 115(a) or (b) of the Act, or any part of such a list, publicly available.

52. Prescribed fees

The fee specified in Schedule 2 column 3 opposite a provision of the Act specified in Schedule 2 column 2 is the prescribed fee for that provision of the Act.

53. Prescribed offences and modified penalties (s. 126)

For section 126 of the Act —

(a) the offences specified in Schedule 3 column 2 are prescribed offences; and

(b) the amount of money specified in Schedule 3 column 3 opposite an offence specified in Schedule 3 column 2 is the modified penalty for that offence if committed by an individual; and

(c) the amount of money specified in Schedule 3 column 4 opposite an offence specified in Schedule 3 column 2 is the modified penalty for that offence if committed by a body corporate.

54. Prescribed forms (s. 126(3) and (7))

(1) For section 126(3) of the Act, the prescribed form of an infringement notice is set out in Schedule 4.

(2) For section 126(7) of the Act, the prescribed form of a notice to withdraw an infringement notice is set out in Schedule 5.

[Part 7 (r. 55‑63) deleted: Gazette 20 Apr 2012 p. 1697.]

Schedule 1 — Inspection fees

[r. 41]

	Local government	Fee per animal ($)
		Pigs	Bovines (70 kg & under) and other animals	Bovines (over 70 kg)
1.	Bunbury................................	2.00	0.45	2.70
2.	Canning ...............................	—	1.38	—
3.	Coolgardie ...........................	9.90	3.85	—
4.	Corrigin ...............................	5.88	1.65	9.00
5.	Esperance ............................	2.20	0.52	4.11
6.	Gingin ..................................	—	0.33	4.23
7.	Greenough ...........................	6.50	1.85	10.20
8.	Harvey .................................	—	1.19	7.60
9.	Northam ...............................	—	0.85	7.59
10.	Rockingham ........................	—	0.60	—
11.	Tammin ...............................	—	1.00	—
12.	Wyndham/East Kimberley ..	—	0.55	4.40
13.	Waroona ..............................	1.38	0.85	—

[Schedule 1 amended: Gazette 20 Sep 2011 p. 3799; 20 Mar 2015 p. 906; 28 Jul 2015 p. 3083; SL 2021/40 r. 4; SL 2022/136 r. 4.]

Schedule 2 — Prescribed fees

[r. 52]

[Heading inserted: SL 2025/104 r. 4.]

Column 1<br>Item	Column 2<br>Provision of Food Act 2008	Column 3<br>Prescribed fee
1.	s. 82(3)(b)	$300
2.	s. 88(3)(b)	$300
3.	s. 94(3)(b)	$300
4.	s. 107(3)	$90
5.	s. 110(3)(c)	$280

[Schedule 2 inserted: SL 2025/104 r. 4.]

Schedule 3 — Prescribed offences and modified penalties

[r. 53]

Item	Offence under Food Act 2008	Modified penalty (individual)	Modified penalty (body corporate)
1.	s. 19(2)	$500	$1 000
2.	s. 19(3)	$500	$1 000
3.	s. 22(1)	$250	$1 000
4.	s. 22(2)	$500	$1 000
5.	s. 22(3)	$500	$1 000
6.	s. 22(4)	$500	$1 000
7A.	s. 36	$500	$1 000
7B.	s. 45(1)	$500	$1 000
7C.	s. 46	$500	$1 000
7D.	s. 48(1)	$500	‑
7E.	s. 48(2)	$500	‑
7F.	s. 48(3)	$500	‑
7.	s. 68	$500	$1 000
8.	s. 84	$150	‑
9.	s. 90	$150	‑
10.	s. 96(1)	$150	‑
11.	s. 99(2)	$500	$1 000
12.	s. 106(1)	$500	‑
13.	s. 106(2)	$500	‑
14.	s. 106(3)	$500	‑
15.	s. 107(1)	$250	$1 000
16.	s. 109(1)	$500	$1 000
17.	s. 113	$500	$1 000

Item	Offence under Food Regulations 2009	Modified penalty (individual)	Modified penalty (body corporate)
18.	r. 15(2)	$500	$1 000
19.	r. 16(2)	$500	$1 000
20.	r. 21(2)	$500	$1 000
21.	r. 21(4)	$500	$1 000
22.	r. 22(1)	$500	$1 000
23	r. 23(1)	$500	$1 000
24.	r. 25(1)	$500	$1 000
25.	r. 25(2)	$500	$1 000
26.	r. 26(1)	$500	$1 000
27.	r. 26(3)	$500	$1 000
28.	r. 26(4)	$500	$1 000
29.	r. 27(1)	$500	$1 000
30.	r. 30(1)	$500	$1 000
31.	r. 32	$500	$1 000
32.	r. 33(1)	$500	$1 000
33.	r. 33(2)	$500	$1 000
34.	r. 34	$500	$1 000
35.	r. 35(1)	$500	$1 000
36.	r. 36(1)	$500	$1 000
37.	r. 37	$500	$1 000
38.	r. 38	$500	$1 000
39.	r. 39(2)	$500	$1 000
40.	r. 40	$500	$1 000
41.	r. 41(1)	$500	$1 000
42	r. 41(2)	$500	$1 000
43.	r. 46(1)	$500	$1 000
44.	r. 46(2)	$500	$1 000
45.	r. 47(1)	$500	$1 000
46.	r. 47(3)	$500	$1 000
47.	r. 48(1)	$500	$1 000
48.	r. 48(2)	$500	$1 000
49.	r. 49(2)	$500	$1 000
50.	r. 49(3)	$500	$1 000
51.	r. 50	$500	$1 000

[Schedule 3 amended: Gazette 20 Apr 2012 p. 1697‑8.]

Schedule 4 — Infringement notice

[r. 54(1)]

*Food Act 2008 s. 126(3) and Food Regulations 2009 r. 54(1)*Infringement Notice Notice No.
Alleged offender Family name or body corporate name and ACN
Other names
Address No. Street name
Postcode
Alleged offence*[delete whichever is not applicable] Description of offence
Food Act 2008 s. ________**Food Regulations 2009 r. ________The modified penalty for the offence is $
Where and when offence committed
Designated officer issuing notice Name and title of officer and name of enforcement agency
Signature
Date of notice
Notice to alleged offender It is alleged that you have committed the above offence.If you do not wish to be prosecuted for the alleged offence in a court, you may pay the modified penalty within 28 days after the date of this notice.
How to pay By post Send the “Cashier’s Copy” of this notice and a cheque or money order payable to [relevant details] to [details of relevant enforcement agency]. In person Take the “Cashier’s Copy” of this notice and pay the cashier at [details of relevant enforcement agency].
If you do not pay the modified penalty within 28 days, you may be prosecuted for the alleged offence in a court or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.
If you need more time to pay the modified penalty, you can apply for an extension of time by writing to [details of relevant enforcement agency].
If you want this matter to be dealt with by prosecution in court, sign the “Cashier’s Copy” of this notice here

and post it to [details of relevant enforcement agency] within 28 days after the date of this notice.

[Schedule 4 amended: Gazette 20 Aug 2013 p. 3852; SL 2020/168 r. 4.]

Schedule 5 — Notice to withdraw infringement notice

[r. 54(2)]

*Food Act 2008 s. 126(7) and Food Regulations 2009 r. 54(2)*Withdrawal of infringement notice Notice No.
Alleged offender Family name or body corporate name and ACN
Other names
Address No. Street name
Postcode
Infringement notice Infringement notice No.
Date of issue
Alleged offence*[delete whichever is not applicable] Description of offence ___________________________________
Food Act 2008 s. ________**Food Regulations 2009 r. _________
Designated officer withdrawing notice Name and title of officer and name of enforcement agency
Signature
Date of notice
Withdrawal of infringement notice*[delete whichever is not applicable] The above infringement notice issued against you has been withdrawn.If you have already paid the modified penalty for the alleged offence you are entitled to a refund.*Your refund is enclosed.*or**If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to [details of relevant enforcement agency].Signature

dline

Notes

This is a compilation of the Food Regulations 2009 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, or versions that include editorial changes made under the Legislation Act 2021 Part 3, see the compilation table. For provisions affected by editorial changes see the editorial changes table.

Compilation table

Citation	Published	Commencement
Food Regulations 2009	23 Oct 2009 p. 4095-142	r. 1 and 2: 23 Oct 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 24 Oct 2009 (see r. 2(b) and Gazette 23 Oct 2009 p. 4157)
Food Amendment Regulations 2011	20 Sep 2011 p. 3799	r. 1 and 2: 20 Sep 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Sep 2011 (see r. 2(b))
Food Amendment Regulations 2012	20 Apr 2012 p. 1696‑8	r. 1 and 2: 20 Apr 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Apr 2012 (see r. 2(b))
Food Amendment Regulations 2013	20 Aug 2013 p. 3852	r. 1 and 2: 20 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and Gazette 20 Aug 2013 p. 3815)
Food Amendment Regulations 2014	12 Dec 2014 p. 4713-14	r. 1 and 2: 12 Dec 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Dec 2014 (see r. 2(b))
Food Amendment Regulations 2015	20 Mar 2015 p. 905‑6	r. 1 and 2: 20 Mar 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Mar 2015 (see r. 2(b))
*Reprint 1: The Food Regulations 2009* as at 15 May 2015** (includes amendments listed above)
Food Amendment Regulations (No. 2) 2015	19 May 2015 p. 1760	r. 1 and 2: 19 May 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b))
Food Amendment Regulations (No. 3) 2015	28 Jul 2015 p. 3083	r. 1 and 2: 28 Jul 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Jul 2015 (see r. 2(b))
Food Amendment Regulations (No. 4) 2015	11 Aug 2015 p. 3219‑20	r. 1 and 2: 11 Aug 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 12 Aug 2015 (see r. 2(b))
Health Regulations Amendment (Fees and Charges) Regulations 2016 Pt. 2	17 Jun 2016 p. 2101-5	1 Jul 2016 (see r. 2(b))
Health Services (Consequential Amendments) Regulations 2016 Pt. 2	24 Jun 2016 p. 2311‑15	1 Jul 2016 (see r. 2(b) and Gazette 24 Jun 2016 p. 2291)
Health Regulations Amendment (Public Health) Regulations 2016 Pt.6	10 Jan 2017 p. 237‑308	24 Jan 2017 (see r. 2(b) and Gazette 10 Jan 2017 p. 165)
Health Regulations Amendment (Fees and Charges) Regulations 2017 Pt. 2	30 Jun 2017 p. 3568‑74	1 Jul 2017 (see r. 2(b))
Health Regulations Amendment (Fees and Charges) Regulations 2018 Pt. 2	25 May 2018 p. 1632‑9	1 Jul 2018 (see r. 2(b))
*Reprint 2: The Food Regulations 2009* as at 3 Aug 2018** (includes amendments listed above)
Health Regulations Amendment (Fees and Charges) Regulations 2019 Pt. 2	14 Jun 2019 p. 1883‑94	1 Jul 2019 (see r. 2(b))
Health Regulations Amendment (Fees and Charges) Regulations 2020 Pt. 2	SL 2020/97 26 Jun 2020	1 Jul 2020 (see r. 2(b))
Health Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 2	SL 2020/168 25 Sep 2020	29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a))
Food Amendment Regulations 2021	SL 2021/40 9 Apr 2021	r. 1 and 2: 9 Apr 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Apr 2021 (see r. 2(b))
Health Regulations Amendment (Fees and Charges) Regulations 2021 Pt. 2	SL 2021/108 29 Jun 2021	1 Jul 2021 (see r. 2(b))
Health Regulations Amendment (Fees and Charges) Regulations 2022 Pt. 2	SL 2022/136 15 Jul 2022	16 Jul 2022 (see r. 2(b))
Health Regulations Amendment (Fees and Charges) Regulations 2023 Pt. 2	SL 2023/96 30 Jun 2023	1 Jul 2023 (see r. 2(b))
Health Regulations Amendment (Fees and Charges) Regulations 2024 Pt. 2	SL 2024/91 12 Jun 2024	1 Jul 2024 (see r. 2(b))
Food Regulations 2009 with editorial changes as at 31 Mar 2025
Health Regulations Amendment (Fees and Charges) Regulations 2025 Pt. 2	SL 2025/104 25 Jun 2025	1 Jul 2025 (see r. 2(b))

Editorial changes table

The Legislation Act 2021 Part 3 authorises the Parliamentary Counsel to make editorial changes to laws. This power cannot be used to change the effect of a law. If an editorial change is made to a law, the law has effect as if the change had been made by another law that amended the law and commenced on the day on which the change is made.

To see the editorial changes included in a version of a law, see the compare document for that version on the WA legislation website.

Provision/s affected	*Authorising provision of Legislation Act 2021* Part 3**	Effective date of change
r. 3	s. 25(4)	31 Mar 2025

Other notes

1 The Food Act 2008 s. 147(14) commenced 24 Oct 2009.

2 Deleted by the Food Act 2008 s. 147(11).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

abattoir 3

adopted standard 17

animal 17

animal food processing premises 3, 17

authorised officer 17

bivalve mollusc 4(1)

carcase 17

dairy primary production business 4(1)

dairy processing business 4(1)

dairy transport business 4(1)

Department 18(4)

district 3

dressing 29

exempted food business 10(1), 11, 12, 13

field depot 17

FSC standard 3

game 17

game meat 17

King’s Park 4(1)

knackery 17

manufacturing of seafood 4(1)

meat 17

meat standard 17

pathogen 14

pet meat 17

pet meat processing establishment 17

potentially hazardous food 9

poultry 17

poultry processing premises 36(1A)

poultry standard 36(1A)

primary producer 20(1)

primary production of seafood 4(1)

processing premises 17

proprietor 17, 28, 39(1)

public hospital 4(1)

registered establishment 3

requirements of the wild game standard 49(1)

retail pet meat shop 3, 17

Rottnest Island 4(1)

wild game meat processing establishment 3

wild game standard 3

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Food Act 2008

Food Regulations 2009

Western Australia

Food Regulations 2009

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1
Appropriate enforcement agency: CEO (s. 8) 2
Appropriate enforcement agency: local government (s. 8) 3
Food production activities that are not primary food production (s. 11(2)) 4

Part 2 — Adoption of Food Standards Code

Adoption of Food Standards Code (s. 144(7)) 5
FSC standard 4.2.4 clause 15: express provision for goat’s milk 5

Part 3 — Exempted food businesses

Term used: potentially hazardous food 6
Food businesses conducted as fundraising events (s. 109) 6
Food businesses that sell certain packaged food (s. 109) 7
Food businesses that provide complimentary drinks in conjunction with another kind of business (s. 109) 7
Food businesses conducted at registered establishments (s. 109) 7

Part 4 — Control of pathogens

Term used: pathogen 8
CEO to be informed of isolation of pathogens associated with food businesses 8
CEO may give directions 9

Part 5 — Meat hygiene

Division 1 — Preliminary

Terms used 10

Division 2 — Adoption of certain Australian Standards

Adoption of certain Australian Standards (s. 144(6)) 12
Modification of adopted standards 13

Division 3 — Inspection and branding

Application of Division to primary producers 13
Inspection of animals and carcases at abattoirs 14
Branding carcases if fit for human consumption 15

Several organising concepts structure the regulations.

Dynamic incorporation of external standards. The FSC is adopted as in force from time to time (regulation 7). Likewise multiple Australian Standards for hygienic production, construction, rendering and wild game are adopted as in force from time to time, with specified modifications (regulation 18(1) and regulation 19). This means obligations can change automatically when the adopted instruments are updated, subject to the modifications provided in regulation 19.

Allocation of enforcement responsibility. The regulations define the "appropriate enforcement agency" for parts of the Act. The CEO is the enforcement agency for specified categories,public hospital food services, dairy primary production/processing/transport businesses, bivalve mollusc seafood manufacturing/primary production, premises in King’s Park or Rottnest Island, and premises not in a declared district (regulation 4). Local governments are the appropriate enforcement agency where the CEO is not (regulation 5), and specifically for animal food processing premises and retail pet meat shops in the local government’s district (regulation 5(b)).

Risk‑targeted obligations for pathogens. The regulations define a short list of pathogens (Listeria monocytogenes; all Salmonella species; all Shigella species; verotoxigenic E. coli) as “pathogen” for Part 4 (regulation 14). Proprietors of food businesses and laboratories that isolate or suspect isolation of these pathogens must give immediate oral notice to the CEO and provide written confirmation within 24 hours (regulation 15). The CEO may then direct procedures and compliance; failure to comply without reasonable excuse attracts a fine (regulation 16).

Meat hygiene and traceability. Part 5 adopts Australian Standards relevant to meat, establishes inspection requirements (authorised officers must inspect animals and carcasses where the adopted standards require it,regulation 21), prescribes branding rules for carcasses passed as fit for human consumption or for animals (regulations 22-25), and prohibits sale of unbranded carcasses (regulation 27). For pet meat, there are staining, packaging, storage, segregation and traceability requirements (regulations 30-39): staining (blue dye) or approved heat treatment (regulation 30); labelling “Pet Meat , Not for Human Consumption” (regulation 33(1)(d) and regulation 35(2)(c)); written tracing systems (regulation 37); and a notification requirement to the appropriate enforcement agency before conducting business (regulation 40).

Financial and enforcement architecture. The regulations impose inspection fees for abattoir inspections (regulation 41 and Schedule 1), enable local governments to hold those funds in a named “Meat Inspection Account” and apply them solely to inspection costs (regulation 42), permit local governments to require security and to use that security to recover unpaid fees (regulations 43-44), and allow withdrawal of inspection services until fees or compliance matters are remedied (regulation 45). The regulations prescribe fees for particular Act provisions (regulation 52 and Schedule 2) and set out prescribed offences and modified penalties (regulation 53 and Schedule 3). They also supply the forms for infringement notices and withdrawals (regulation 54 and Schedules 4-5).

Exemptions and boundaries. The regulations identify several narrowly defined exemptions from the Act’s registration/notification requirements (Part 3, regulations 10-13), and make explicit that some parts of Division 3 do not apply to primary producers slaughtering for private consumption on the land where they farm (regulation 20). They also provide location‑based exceptions (e.g., certain rules do not apply in Kellerberrin or Kondinin for specified provisions: regulation 21(5), 22(3)(b), 27(2)(b), 47(2)).

These concepts create a regulatory landscape that ties operational obligations to technical standards, allocates enforcement between state and local authorities, and sets out financial mechanisms for inspection and enforcement.

The regulations affect a defined set of actors in the food supply chain. Primary categories are proprietors of food businesses, owners and operators of abattoirs, processing premises, animal food processing premises (pet‑meat processing establishments and knackeries), retail pet meat shops, field depots and wild game meat processing establishments, authorised officers, local governments, and the CEO acting through the Department (see regulation 3 definitions and the allocations in regulations 4-5).

Proprietors of abattoirs and processing premises. The proprietor of an abattoir must ensure inspections by authorised officers where required by an adopted standard (regulation 21(2), (4)), ensure branding of carcasses passed as fit for human consumption in accordance with regulation 24 (regulation 22(1)), comply with the requirements of any adopted standard that apply to the abattoir (regulation 46(1)), and ensure slaughtering and processing comply with the adopted standards (regulation 47(1), (3)). They must lodge statements and pay inspection fees for inspections (regulation 41(1)-(3)). The proprietor also faces prohibitions on branding or tagging except as authorised (regulation 26).

Owners/operators of animal food processing premises and retail pet meat shops. These proprietors must ensure pet meat is stained or heat‑treated, packaged and labelled (regulations 30-33), stored in marked containers when unpackaged (regulation 35), kept separate from food for human consumption and processed under specified conditions (regulation 36), operate a traceability and recall system with a written plan (regulation 37), not store meat for human consumption on the premises (regulation 38), and notify the appropriate enforcement agency in the approved form before conducting business (regulation 40).

Primary producers and small on‑farm slaughter. The regulations carve out an exclusion for animals slaughtered by or for a primary producer on the primary producer’s land for consumption by the primary producer, family or employees (regulation 20). The definition of primary producer is narrow (land zoned for rural purposes and used solely or principally for farming or grazing, regulation 20(1)). That limits the application of Division 3 inspection and branding duties to commercial abattoirs, with an explicit home‑consumption exception.

Laboratories and proprietors encountering pathogens. Proprietors who learn of the isolation or suspected isolation of a defined pathogen in connection with their business, and managers of laboratories that isolate or suspect isolation, must give immediate oral notice to the CEO and follow up in writing within 24 hours (regulation 15). Failure attracts a penalty of $5,000 (regulation 15(2)).

Local governments and the CEO. Local governments are the default appropriate enforcement agency where the CEO is not specified (regulation 5). Local governments are responsible for collecting inspection fees, maintaining designated Meat Inspection Accounts (regulation 42) and may require security, apply it to recover unpaid fees and withdraw inspection services in non‑payment or non‑compliance situations (regulations 43-45). The CEO is the enforcement agency for specific categories of business and has powers to issue directions when pathogens are notified (regulation 4; regulation 16).

Other affected parties. Transport operators carrying meat or game meat in food transport vehicles used by a food business must ensure vehicles comply with adopted standards (regulation 50). Registered establishments (as defined under the Commonwealth Export Control Act 2020) are treated as exempted food businesses in some contexts (regulation 13). Finally, the public may be affected by enforcement agency publication of lists of food businesses (regulation 51), which can have reputational or market effects.

Across these groups, the regulations impose information duties, operational constraints (branding, staining, separation of pet meat and human food), financial obligations (inspection fees, prescribed fees, potential security deposits), and expose proprietors to fines and modified penalties for non‑compliance.

The regulations impose concrete duties and also create certain rights and procedural protections because of the way enforcement is structured.

Key duties

Adopted standards and compliance. Proprietors of abattoirs, processing premises, field depots and wild game meat processing establishments must comply with applicable adopted Australian Standards (regulations 18-19; 46-49). This includes requirements relating to construction, hygienic production, processing, rendering and transport (regulation 18(1)).

Inspection and authorised officer presence. Where an adopted standard requires pre‑slaughter inspection, the proprietor of an abattoir must ensure an authorised officer inspects the animal before slaughter (regulation 21(1)-(2)). Similarly, where carcase inspection is required, inspection after slaughter must be by an authorised officer (regulation 21(3)-(4)). Regulation 19(4) requires that the CEO must not approve a quality assurance programme under certain adopted standards unless satisfied that at least one authorised officer will be present at slaughter on those premises.

Branding, tagging and sale restrictions. Proprietors must ensure carcasses passed as fit for human consumption are branded with a CEO‑approved brand identifying the premises (regulations 22(1)-(2), 24). Carcasses fit for animal consumption must be branded blue (regulation 23(1) and regulation 24(8)). There are prohibitions on branding by unauthorised persons (regulation 26(1)) and on selling or possessing unbranded carcasses (regulation 27(1)).

Pathogen notification and compliance with CEO directions. Proprietors and labs must notify the CEO on isolation or suspected isolation of specified pathogens immediately (oral) and in writing within 24 hours (regulation 15). The CEO may direct procedures to be followed in respect of the pathogen (regulation 16(1)), and persons must comply unless they have a reasonable excuse (regulation 16(2)). Failure to notify (regulation 15(2)) and failure to comply with directions (regulation 16(2)) attract fines of $5,000.

Pet‑meat specific duties. Proprietors of animal food processing premises must ensure pet meat is heat treated or stained (regulation 30). Pet meat sold by food businesses must be in closed, impervious, sealed packages with “Pet Meat , Not for Human Consumption” prominently displayed (regulation 33(1)). Unpackaged pet meat may be sold only at notified animal food processing premises or retail pet meat shops (regulation 34). A written traceability and recall plan is required (regulation 37). Notification to the appropriate enforcement agency is required before conducting business (regulation 40).

Fees, statements and security. Abattoir proprietors must lodge signed statements about slaughtered animals and pay inspection fees per Schedule 1 (regulation 41). Local governments may require security to guarantee fees (regulation 43) and may apply that security to recover unpaid fees (regulation 44). Local governments may also withdraw inspection services where fees or lawful directions/orders are not complied with, subject to notice and opportunity to submit (regulation 45(1)-(2)).

Exemptions and limitations. Part 3 provides exemptions from being an “exempted food business” for specific low‑risk fundraising events, packaged non‑hazardous food in closed packages, complimentary drinks provided alongside non‑food businesses, and food businesses conducted at registered establishments (regulations 10-13). Division 3 does not apply to primary producers slaughtering for on‑farm consumption by the producer and family/employees (regulation 20(2)).

Rights and procedural elements

Allocation of enforcement agency. Regulated entities have the right to be subject to a particular enforcement agency,either the CEO or their local government,depending on the business category and location (regulations 4-5). That determines who issues notices, receives fees and enforces standards.

Notice and submissions prior to withdrawal of inspections. A local government may not withdraw inspection services for non‑payment or non‑compliance without first giving written notice and a minimum 7 day period to make submissions, and considering those submissions (regulation 45(2)(a)-(c)). That creates a procedural safeguard before inspection withdrawal.

CEO direction confirmation. If the CEO gives an oral direction about pathogen procedures, the CEO must give a written direction as soon as practicable (regulation 16(3)). That provides a record and formality to oral directions.

Availability of adopted standards. The CEO must make copies of adopted standards available for public inspection during normal business hours at the Department’s office (regulation 18(3)). This facilitates access to the technical obligations that have been adopted.

Modified penalty and infringement forms. The regulations prescribe offences that can be dealt with by infringement notices and set out the required forms (regulation 53 and Schedule 3; regulation 54 and Schedules 4-5). That gives regulated parties the option of paying modified penalties in lieu of court prosecution within prescribed timeframes on the infringement notice.

Collectively these duties place operational, administrative, information and financial burdens on proprietors and create avenues for enforcement and administrative remedy via local governments or the CEO.

The regulations create a layered enforcement and penalty regime combining fixed fines for specified contraventions, local government fee collection powers, the ability to withdraw inspection services, CEO direction powers, and a modified‑penalty infringement notice regime.

Fixed monetary penalties. Numerous operational breaches carry a prescribed fine of $5,000 (or as otherwise specified). Examples include failure to give written notice after pathogen isolation (regulation 15(2): $5,000), failure to comply with a CEO direction about pathogen procedures (regulation 16(2): $5,000), failure to ensure inspections by authorised officers as required (regulation 21(2) and (4): $5,000), failure to brand carcasses as required (regulation 22(1), regulation 23(1), regulation 25(1)-(2): $5,000), failure to comply with packaging/segregation requirements for pet meat (regulations 33(1), 33(2), 35(1), 36(1): $5,000), failure to maintain supply/traceability systems (regulation 37: $5,000), and failure to notify the conduct of animal food processing or retail pet meat businesses (regulation 40: $5,000). The regulations expressly list the penalty attached to each rule. These fines are criminal penalties in the regulations and may therefore be subject to enforcement by prosecution.

Modified penalties and infringement notices. Regulation 53 prescribes offences and modified penalties pursuant to section 126 of the Act. Schedule 3 contains two tables: items 1-17 list modified penalties for specific offences under the Food Act 2008 and items 18-51 list modified penalties for specified regulations. Modified penalties for individuals are typically $150-$500 for the listed items, with higher amounts for bodies corporate (often $1,000). For example, many regulatory breaches listed in Schedule 3 attract a $500 modified penalty for an individual and $1,000 for a corporate body (see Schedule 3 entries for r.21(2), r.22(1), r.33(1) etc.). Regulation 54 prescribes the form of an infringement notice and Schedule 4 provides the content of that form; Schedule 5 prescribes the withdrawal form. The infringement notice process gives enforcement agencies an administrative pathway to collect penalties without court proceedings, while still permitting the recipient to elect prosecution.

Local government enforcement and fee recovery. Local governments collect inspection fees under regulation 41 and hold those funds in a Meat Inspection Account (regulation 42). They may require security for payment and use it to recover unpaid fees after 30 days’ notice (regulations 43-44). If fees are unpaid or lawful orders/directions are not complied with, a local government may withdraw inspection services until debts are paid, directions complied with or security provided (regulation 45). Regulation 45 imposes procedural requirements before withdrawal, including written notice and a minimum seven‑day period for submissions (regulation 45(2)).

CEO direction and administrative enforcement. Following pathogen notification, the CEO may give oral or written directions as to procedures to be followed in respect of the pathogen (regulation 16(1)). Failure to comply without reasonable excuse is an offence attracting a $5,000 fine (regulation 16(2)). The CEO must give written confirmation of oral directions as soon as practicable (regulation 16(3)). The breadth of "procedures to be followed" explicitly includes preparation, packing, storing, handling, conveying, disposal, isolation and steps to identify the micro‑organism (regulation 16(4)(a)-(b)). Those powers enable prompt administrative action in response to public health risks.

Publication and reputational enforcement. An enforcement agency may make its register of food businesses publicly available, or parts of it (regulation 51). That provision creates a reputational enforcement tool outside fines and prosecution.

Procedural safeguards. The regulations provide some procedural protections: requirement for written confirmation of oral CEO directions (regulation 16(3)); requirement for written notice and opportunity to make submissions before withdrawal of inspection services (regulation 45(2)); and the availability of the infringement notice mechanism with a right to elect prosecution by returning the cashier’s copy (Schedule 4).

Taken together, enforcement combines administrative powers (inspection, directions, withdrawal of inspections, publication), financial tools (inspection fees, security, modified penalties) and criminal penalties for non‑compliance, with defined procedural steps for notice and recordation.

The regulations integrate multiple external instruments and reference statutory provisions in the Food Act 2008 and other Acts, creating several cross‑links that affect compliance and enforcement.

Incorporation of the Food Standards Code and Australian Standards. The regulations adopt the Food Standards Code as in force from time to time (regulation 7). They also adopt specified Australian Standards for meat, poultry, game, casings and rendering (regulation 18(1)(a)-(h)), and the wild game standard for game (regulation 18(2)). Those adoptions make the technical requirements in those external instruments legally enforceable under the Food Act 2008 framework. Regulation 19 modifies certain references in the adopted standards (for example, replacing references to a Controlling Authority with the CEO and references to inspectors/meat safety inspectors with authorised officers,regulation 19(1)-(2)), and excludes retail meat transport vehicles used to deliver wrapped retail purchases from certain transport definitions (regulation 19(3)).

Relationship with the Food Act 2008. The regulations frequently refer to and operationalise the Food Act 2008 (see, for example, regulation 4 which defines the appropriate enforcement agency for the purposes of section 8 of the Act; regulation 7 which adopts the FSC under section 144(7) of the Act; and regulation 53 which prescribes offences and modified penalties under section 126 of the Act). The regulations therefore function as subordinate legislation that fills out the Act’s machinery for standards adoption, enforcement agency allocation, and penalty schedules.

Cross‑reference to Commonwealth law. The definition of “registered establishment” in regulation 3 refers to the Export Control Act 2020 (Commonwealth) section 12. Regulation 13 treats food businesses conducted at registered establishments as exempted food businesses under section 109 of the Act. That establishes an interface between state regulation and Commonwealth export‑oriented registration regimes.

Local government law and planning. The definition of “district” is drawn from the Local Government Act 1995 (regulation 3), and the allocation of enforcement responsibility to local governments for premises in their district is set out in regulation 5. Regulation 20’s definition of primary producer relies on local planning schemes under the Planning and Development Act 2005. Local governments thus exercise statutory functions under the regulations in the exercise of their planning and local government jurisdiction.

Public health Acts and other statutes. Regulation 4(1) imports the definition of “public hospital” from the Health Services Act 2016 section 8(6) to identify certain premises for which the CEO is the appropriate enforcement agency. The regulations also reference the Health (Miscellaneous Provisions) Act 1911 (regulation 42(3)) for transitional use of certain local government accounts. These cross‑references show that the regulations operate in a wider health and local government statutory ecosystem.

External technical schedules. Several regulatory duties require use of materials or substances set out in schedules to the Food Standards Code (for example, the substance used for branding and staining must be listed in a Schedule to FSC standard 1.3.1; regulation 24(8)(b) and regulation 31). Compliance therefore requires consultation of the current FSC schedules and any amendments to them.

Dynamic updating risk. Because the FSC and the adopted Australian Standards are incorporated "as in force from time to time" (regulation 7; regulation 18(1)), their subsequent amendment at the national level will change obligations under the regulations without amendment to the regulations themselves. That creates an automatic interaction with national standard‑setting processes and may require businesses to monitor those external instruments continuously.

Forms and enforcement Acts. The infringement notice and withdrawal forms in Schedules 4-5 interact with the Fines, Penalties and Infringement Notices Enforcement Act 1994, as Schedule 4 expressly warns about enforcement measures under that Act. The regulations therefore integrate with the general fines enforcement regime.

In sum, the regulations sit within an interlocking legal framework involving the Food Act 2008, national food safety standards, Commonwealth export rules, local government and planning legislation, and general enforcement statutes. Compliance requires attention to multiple legal sources and to updates in adopted standards.

The compilation table and marginal notes in the instrument set out the legislative amendment trail up to the published compilation. Key dates and amendment themes visible in the text are as follows.

Initial commencement and staged operation. The regulations were published on 23 October 2009 (r.1) and, apart from the citation and commencement provisions, came into full operation in line with the commencement of the Food Act 2008 s.147(14) on 24 October 2009 (see r.2 and the note beneath the compilation table).

Series of amending instruments. The compilation table lists successive amending instruments that have modified the regulations and associated schedules. Notable amending regulations include Food Amendment Regulations in 2011, 2012, 2013, 2014 and multiple instrument numbers in 2015 (see compilation table entries for 2011-2015); Health Regulations Amendment instruments from 2016 through 2025 that principally affect fees and charges; and specific Food Amendment Regulations in 2021. The compilation table indicates frequent annual or periodic adjustment of fees and administrative provisions via Health Regulations Amendment (Fees and Charges) Regulations in 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024 and 2025.

Targets of amendments. The marginal notes show particular localised amendments: regulation 4 was amended in 2015 and 2016 to refine the definition of CEO enforcement responsibility; regulation 19 and other parts were amended in 2015; Schedule 1 has been amended several times (2011, 2015, 2015, SL 2021/40, SL 2022/136). The insertion of Schedule 2 was effected by SL 2025/104 r.4, reflecting changes to prescribed fees as recently as 2025. The amendments suggested a focus on fee schedules, administrative refinement, and occasional substantive clarifications (for instance, explicit provision removing clause 15 of FSC standard 4.2.4 from goat’s milk, regulation 8).

Editorial and consolidation changes. The Legislative Counsel has made editorial changes authorised by the Legislation Act 2021 Part 3; the editorial changes table notes an editorial change affecting regulation 3 effective 31 March 2025. Reprints of the Regulations were produced in May 2015 and August 2018, and a version with editorial changes as at 31 March 2025 is noted.

Consequential and cross‑regulatory amendments. Several Health Regulations Amendment instruments (Fees and Charges) align fees with broader health regulation changes and were brought into effect at mid‑year commencement dates (usually 1 July). The Regulations have been adjusted to maintain alignment with the Food Act and health regulation schedules.

Recent updates to fees and prescribed items. Schedule 2 was inserted by SL 2025/104 r.4 and sets out prescribed fees for specific provisions of the Food Act 2008 (items include a $90 fee for s.107(3) and other amounts,see Schedule 2). Schedule 3 (modified penalties) has been amended previously to add or adjust items (noted amendment at Gazette 20 Apr 2012 and elsewhere). Schedule 1 inspection fees have undergone multiple updates reflecting variation by local government.

Practical consequence of amendment history. The pattern shows regular use of subordinate instruments to adjust fees, update administrative lists and align local government accounts, while substantive technical obligations have been largely sustained through adoption of external standards, which themselves update independently. Entities regulated by these provisions need to monitor both state amending instruments (for fees and local administrative changes) and the external standards that are adopted as in force from time to time.

The compiled regulation text before you does not identify or enumerate any judicial decisions or litigation concerning the Food Regulations 2009. The schedules, compilation table and notes make no reference to court determinations or appeals. The instrument therefore contains no litigation history or annotated case law.

That absence in the text does not mean there have been no disputes in practice; it only means the published compilation and schedules here do not record or cite any judicial outcomes. Where contestation occurs in enforcement practice it is likely to centre on factual disputes (for example, whether a carcass was branded in accordance with regulation 24, or whether a proprietor complied with a CEO direction under regulation 16), procedural disputes (for example, whether a local government lawfully withdrew inspection services under regulation 45 after observing the notice and submissions requirements), or legal questions of statutory construction in the interface between the Act and adopted external standards (for example, issues about how an adopted standard applies in a particular fact setting where the Regulations modify references to controlling authorities and inspectors under regulation 19).

Potential types of litigation that the regulations’ structure may generate include:

Challenges to enforcement decisions and discretion. The CEO has broad direction powers when pathogens are notified (regulation 16). Affected parties may seek judicial review of the lawfulness, reasonableness or procedural fairness of such directions if they contend the CEO exceeded statutory power or failed to observe procedural fairness, though the Regulations require written confirmation of oral directions (regulation 16(3)) and the Act contains the primary enforcement framework.
Disputes over fees and security. Local governments may require security for inspection fees and apply it to recover unpaid fees (regulations 43-44). Disputes could arise over the legal validity of demands for security, the calculation of fees under Schedule 1, or the propriety of withdrawing inspection services (regulation 45), especially where the local government’s account handling is challenged.
Interpretation of dynamically adopted external standards. Since the Regulations adopt the FSC and various Australian Standards as in force from time to time (regulation 7; regulation 18(1)), disputes could concern which instrument version applies at a given time, or how modifications in regulation 19 interact with particular clauses of an adopted standard.
Compliance and labelling controversies. Pet‑meat labelling, staining and traceability duties (regulations 30-37) create compliance obligations that could lead to enforcement proceedings and resulting litigation on the sufficiency of labels or traceability systems, or on whether a product was wrongly sold as food when branded for animal consumption (regulation 39).

This text does not record outcomes of any of the above hypothetical disputes. Practitioners needing precedential guidance should search WA court and tribunal databases for decisions referencing the Food Regulations 2009 and for decisions applying the Food Act 2008.

The regulations include several technical traps and interaction points that may cause unexpected compliance risk if not identified and managed.

Dynamic incorporation of external instruments. The FSC and multiple Australian Standards are adopted as in force from time to time (regulation 7; regulation 18(1)). This means obligations can change automatically when national standards are amended. Businesses must monitor the current versions of the FSC schedules and the adopted Australian Standards because compliance hinges on those external texts (see references in regulation 24(8)(b) and regulation 31 to substances listed in FSC standard 1.3.1). Failure to monitor these external standards can produce inadvertent non‑compliance.

Who is the enforcement agency. The allocation of enforcement responsibility is categorical not purely geographic. The CEO is the enforcement agency for explicit categories (dairy businesses, bivalve mollusc seafood, public hospital patient food, premises in King’s Park or on Rottnest Island, premises not in a district) and local governments are the default where the CEO is not (regulations 4-5). Regulated parties must determine correctly whether they report to the CEO or their local government, because fees, notification forms and inspection arrangements differ by enforcement agency. Misidentifying the appropriate enforcement agency could mean notifications filed to the wrong agency and potential penalty exposure.

Exemptions are narrow. Part 3 exemptions for fundraising events and packaged, non‑hazardous, closed package sales (regulations 10-11) are narrow. Fundraising exemptions require that food is not potentially hazardous or, if cooked, provided for immediate consumption (regulation 10(1)). For packaged food exemptions the package must be closed and the food not potentially hazardous (regulation 11). Entities relying on exemptions must ensure the specific criteria are met and documented, because the exemption is subject to the precise statutory language.

Location and district exceptions. Certain meat inspection and branding exemptions apply only in named districts (Kellerberrin and Kondinin) (regulations 21(5), 22(3)(b), 27(2)(b), 47(2)). If you operate near those areas you need to confirm whether the exemptions apply. Similarly, the definition of primary producer (regulation 20(1)) is tied to land zoning and usage under the Planning and Development Act 2005; off‑farm slaughter or any sale beyond private consumption falls outside the primary producer carve‑out (regulation 20(2)).

Pet meat and human food segregation. The regulations make strict demands on separation, labelling and staining (regulations 30-36). Notably, staining must remain visible if the pet meat is broken up for sale (regulation 31(b)). The labelling size requirements differ between packaged pet meat and containers for unpackaged pet meat (regulation 33(1)(d) requires letters not less than 5 mm; regulation 35(2)(c) requires letters not less than 10 mm). Small details like letter height and impervious packaging requirements are enforceable and attract fines ($5,000 for multiple breaches). Also note the small‑packaging exception: pet meat produced and immediately placed in a closed package not greater than 1 kg may avoid staining/heat treatment requirements (regulation 30(2)) provided the package meets regulation 33(1). That exception is narrow and depends on both package mass and compliance with closed package standards.

Branding, colour and materials. Branding colour and permitted substances are defined: red for carcases passed as fit for human consumption, blue for animals or rejected carcases, and brands/dyes must be made from substances listed in a Schedule to FSC standard 1.3.1 (regulation 24(8)). The requirement to use FSC‑listed substances ties the legality of brands to an external schedule.

Immediate pathogen notification; strict timeframes. The notification duty after pathogen isolation is immediate oral notice followed within 24 hours by written notice in the approved form (regulation 15(2)). The penalty for breach is $5,000. Laboratories and proprietors must have clear protocols for immediate reporting to avoid triggering that penalty.

Inspection fee mechanics and potential service withdrawal. Abattoir proprietors must pay inspection fees per Schedule 1 and lodge signed statements (regulation 41). Local governments may require security and apply it if fees remain unpaid after 30 days’ notice (regulations 43-44). Local governments can withhold inspection services until fees are paid or directions complied with, but they must provide notice and at least seven days to make submissions beforehand (regulation 45(2)). A business that fails to maintain fee payments risks operational stoppage if inspections are withdrawn.

Modified penalties and differing amounts for bodies corporate. Schedule 3 lists modified penalties for individuals and higher amounts for bodies corporate. Where an offence is listed, enforcement by infringement notice may be used with the amounts set in Schedule 3. That can change the cost calculus for compliance and enforcement, so deliberate attention to Schedule 3 is necessary.

Forms and recordkeeping. The regulations require approved forms for notification and written plans for traceability (regulation 15(2)(b); regulation 37(b); regulation 40). The CEO must make adopted standards available for inspection at a specific office (regulation 18(3)). Failing to use the approved form or to keep documented systems can trigger penalties.

In short, compliance failures frequently arise from mismatches between operational practice and technical specifics in adopted external standards, packaging and labelling minutiae, misallocation of enforcement agency responsibilities, incorrect reliance on narrow exemptions, and lapses in immediate notification duties.

This section lists pragmatic, regulatorially grounded steps a proprietor, authorised officer, compliance officer or legal adviser should follow to align with the Food Regulations 2009. Each step cites the relevant regulation or schedule. The aim is operational checklists, not legal advice; follow the Act and seek formal legal counsel for contested matter.

Determine your enforcement agency and obligations (regulations 4-5).
- Identify whether the CEO or your local government is the appropriate enforcement agency by checking the business category and location: CEO for public hospital patient food, dairy primary production/processing/transport businesses, primary production/manufacturing of bivalve molluscs, premises in King’s Park or Rottnest Island, or premises not in a declared district (regulation 4). If the CEO is not the appropriate enforcement agency, local government is (regulation 5). This determines where to lodge notifications, pay fees and whom to contact for inspections.
Know which adopted standards apply and obtain current copies (regulations 7 and 18(1)-(3); regulation 19).
- The FSC is adopted as in force from time to time (regulation 7). Adopted Australian Standards listed in regulation 18(1) apply. Obtain current versions of the FSC and the adopted Australian Standards and note any modifications in regulation 19 (for example, read references to “Controlling Authority” as “CEO” and “inspector” as “authorised officer” per regulation 19(1)-(2)). The CEO must make copies of adopted standards available for public inspection at the Department’s office (regulation 18(3)),use those copies to verify obligations.
For abattoirs and processing premises, ensure inspection compliance and authorised officer presence (regulation 21; regulation 19(4); regulation 46-47).
- If an adopted standard requires pre‑slaughter or post‑slaughter inspection, arrange for authorised officers to inspect animals and carcasses at the required times (regulation 21(2), (4)). Ensure that any quality assurance programme is only approved if at least one authorised officer will be present during slaughter, as required by regulation 19(4). Prepare and lodge the required statements about animals slaughtered in the form and at the times determined by the appropriate enforcement agency (regulation 41(1)).
Implement branding and tagging procedures (regulations 22-26; regulation 24).
- Where a carcase is inspected and passed as fit for human consumption, brand it in accordance with regulation 24 using a CEO‑approved brand that identifies the premises (regulation 22(1)-(2)). For many categories, brands must be red for human‑fit carcasses or blue for animal‑fit carcasses and must use substances in a Schedule to FSC standard 1.3.1 (regulation 24(8)). Prohibit non‑authorised personnel from branding (regulation 26(1)) and do not remove brands or tags before retail sale (regulation 26(4)-(5)). Tag boning room‑bound carcasses as permitted (regulation 22(3)(c)).
For pet meat: staining, packaging, labelling, storage, segregation and traceability (regulations 30-39).
- Ensure pet meat is either subjected to an approved heat treatment or stained with a blue dye made from substances listed in FSC standard 1.3.1 after dressing so the staining remains visible if the meat is broken up (regulations 30(1), 31). Avoid attempting to remove stains (regulation 32). If selling from premises, ensure pet meat is in a closed, impervious sealed package that prevents resealing and leakage, and display “Pet Meat , Not for Human Consumption” in letters not less than 5 mm (regulation 33(1)(a)-(d)). Unpackaged pet meat may be sold only at notified animal food processing premises or retail pet meat shops (regulation 34) and must be stored in marked containers with specified information and letter heights (regulation 35). Maintain complete separation of pet meat and food for human consumption per regulation 36(1), unless the premises meet specified standard clauses in the meat, wild game or poultry standards (regulation 36(2)-(4)). Establish and document a traceability and recall plan for pet meat supplied from premises (regulation 37).
Notify and keep records in the approved forms (regulations 15(2), 37(b), 40; regulation 54 and Schedules 4-5).
- If a specified pathogen is isolated or suspected, immediately give the CEO oral notice and follow up with a written notice in the approved form within 24 hours (regulation 15(2)). Maintain the written traceability plan required by regulation 37(b). Before conducting business as an animal food processing premises or retail pet meat shop, give written notification in the approved form to the appropriate enforcement agency with contact details and a business description (regulation 40). Use the prescribed infringement notice and withdrawal forms when responding to infringement notices (regulation 54 and Schedules 4-5).
Prepare for CEO directions and procedural response on pathogens (regulation 16).
- Accept that the CEO may give oral or written directions about procedures to follow regarding a notified pathogen (regulation 16(1)). Ensure internal procedures for immediate compliance, and require the CEO to provide written confirmation of any oral direction (regulation 16(3)). Document actions taken to comply because failure without reasonable excuse is an offence (regulation 16(2)).
Manage inspection fees, accounts and security (regulations 41-45; Schedule 1).
- Determine applicable inspection fees per Schedule 1 and the local government where the abattoir is located (regulation 41(2) and Schedule 1). Pay fees weekly, fortnightly or monthly as determined by the enforcement agency and within seven days after the period (regulation 41(3)). If a local government requires security, provide it in an approved form and ensure contract of insurance names the local government as joint insured or beneficiary if required (regulation 43(1)-(2)). Track fee payments closely because local governments may use security or withdraw inspection services for unpaid fees after notice and a minimum seven‑day submission period (regulation 44(1); regulation 45(1)-(2)).
Maintain compliance documentation and access adopted standards for materials/dyes (regulation 18(3); regulation 24(8)(b); regulation 31).
- Keep records showing the composition and source of dyes, brands and any heat treatments, ensuring they are made from substances listed in FSC standard 1.3.1 where required. Retain certificates, purchase records and material safety data sheets that evidence authorised composition. Maintain records of the traceability system to enable recall as required by regulation 37.
Train staff and maintain SOPs for notification and product segregation.
- Institute standard operating procedures for immediate pathogen notification (oral/24‑hour written), for ensuring meat/ pet‑meat segregation and labelling, for branding/tagging procedures, and for interaction with authorised officers during inspections. Ensure staff understand the narrow exemptions listed in Part 3 (regulations 10-13) so they do not improperly assume exemption.
Monitor changes to adopted standards and to state schedules and fee instruments.
- Because the FSC and adopted Australian Standards are incorporated dynamically, subscribe to updates to the FSC and the relevant Australian Standards, and monitor WA Gazette notices and Health Regulations Amendments for changes to fee schedules (see compilation table entries and recent SL amendments such as SL 2025/104 for Schedule 2). Review compliance obligations after any amendments.
Where in doubt, engage the enforcement agency and document communications.
- If uncertainty remains about interpretation or application (for example, scope of a branding exemption, or whether a production process is captured by an adopted standard), contact the appropriate enforcement agency and document written advice or direction. Keep copies of any CEO directions or local government correspondence because they form the record for compliance steps and for contesting or explaining enforcement actions.

Following these steps ties specific regulatory citations to concrete operational actions. For contested matters or where enforcement is threatened, secure legal advice and consider the infringement notice process (Schedule 4) and the right to elect prosecution if a party prefers court determination.

Deep Dive

What it does

Current sections