1Primary Produce (Food Safety Schemes) (Meat) Regulations 2017

South Australia Primary Produce (Food Safety Schemes) (Meat) Regulations 2017 under the Primary Produce (Food Safety Schemes) Act 2004

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Definition of meat (section 6 of Act) Part 2—Meat industry food safety scheme Division 1—Preliminary 5 Meat industry food safety scheme 6 Minister is accreditation body Division 2—Accreditation 7 Obligation to be accredited 8 Separate accreditation required for each premises 9 Grant of accreditation 10 Approved food safety arrangement 11 Compliance with codes 12 Approval required to carry on new activity 13 Notification of change in circumstances Division 3—Marking of meat and containers 14 Marking of meat before removal from premises 15 Marking of containers before removal from premises 16 Leasing and care of brands used to mark meat safe and suitable 17 Offence to manufacture or possess unauthorised brand Division 4—Sale of meat 18 Meat for human consumption not to be sold unless lawfully produced and safe and suitable 19 Meat for consumption by pets not to be sold unless lawfully produced and suitable Part 3—Evidence 20 Evidence Part 4—Fees and charges 21 Fees, charges and returns 22 Matters to be determined in calculating annual fees 23 Fee payable before grant of accreditation Schedule 1—Codes (regulation 11) Schedule 3—Transitional provisions Part 2—Transitional provisions 2 Interpretation 3 Approved food safety arrangements to continue 4 Compliance with codes—exemptions to continue 5 Approvals to carry on new activity to continue 6 Brands to continue 7 Offence to manufacture or possess unauthorised brand—approvals to continue Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Primary Produce (Food Safety Schemes) (Meat) Regulations 2017. 3—Interpretation (1) In these regulations, unless the contrary intention appears— accredited meat producer means— (a) an accredited processor or handler; or (b) an accredited poultry grower; accredited poultry grower means a person accredited under these regulations to carry on the business of growing poultry for human consumption; accredited processor or handler means a person accredited under these regulations to carry on the business of processing or handling meat; Act means the Primary Produce (Food Safety Schemes) Act 2004; administration fee—the monetary value of the administration fee is set out in Schedule 2, item 2; cooked—see regulation 4(2); fee unit—the monetary value of a fee unit is set out in Schedule 2, item 1; Food Standards Code has the same meaning as in the Food Act 2001; handle, in relation to meat, means pack, store or transport meat; lawfully produced for consumption by pets—see subregulation (3); lawfully produced for human consumption—see subregulation (2); meat industry food safety scheme means the food safety scheme for the meat industry established under these regulations; mechanised process, in relation to slaughtering, means a process involving the automated transfer of carcasses along all or part of a production line; poultry means chicken, turkey, guinea fowl, duck, geese, pheasants, quail, squab (pigeons), muttonbirds or other avian species but does not include ratites; prime mover has the same meaning as in the Road Traffic Act 1961; process, in relation to meat, means carry on an activity involved in meat processing; produce, in relation to meat, means— (a) process or handle meat; or (b) in the case of meat derived from poultry—grow poultry; ready‑to‑eat meat means ready‑to‑eat meat within the meaning of Division 3 of Standard 4.2.3 of the Food Standards Code; red meat animals means cattle, sheep, pigs, goats or deer; relevant period, in relation to an annual fee—see regulation 22(1)(a); retail meat processor and handler means a person who operates a business involving the processing and handling of meat for human consumption for retail sale where— (a) 50% or more (by mass) of the meat sold in the course of that business during the relevant period is sold by retail; and (b) not more than 4 tonnes of meat sold in the course of that business during the relevant period is sold by wholesale; semi‑trailer has the same meaning as in the Road Traffic Act 1961; smallgoods means meat of a kind referred to in regulation 4(1)(a) and (b). wild game means an animal living in a wild state and not under any artificial confinement. (2) For the purposes of these regulations, meat will only be taken to have been lawfully produced for human consumption if— (a) in the case of meat that has been processed outside of Australia—it has been lawfully imported into Australia; and (b) in any case, to the extent to which it has been produced in Australia, the production has been carried on— (i) in accordance with the requirements of the Act and these regulations; or (ii) in accordance with the law in force in another State or Territory of the Commonwealth, relating to the processing and handling of meat for human consumption. (3) For the purposes of these regulations, meat will only be taken to have been lawfully produced for consumption by pets if— (a) in the case of meat that has been processed outside of Australia—it has been lawfully imported into Australia; and (b) in any case, to the extent to which it has been processed or handled in Australia, the processing or handling has been carried on— (i) in accordance with the requirements of the Act and these regulations; or (ii) in accordance with the law in force in another State or Territory of the Commonwealth, relating to the processing and handling of meat for consumption by pets. 4—Definition of meat (section 6 of Act) (1) For the purposes of the definition of meat in section 6 of the Act— (a) the following products within the meaning of Standards 1.6.2 and 2.2.1 of the Food Standards Code are included within the ambit of the definition: (i) cured meat (see Division 1 of Standard 2.2.1); (ii) dried meat (see clause 5 of Standard 1.6.2); (iii) manufactured meat (see Division 1 of Standard 2.2.1), including ready‑to‑eat meat; (iv) processed meat (see Division 1 of Standard 2.2.1); (v) sausage meat (see Division 2 of Standard 2.2.1); (vi) sausage (see Division 1 of Standard 2.2.1); (b) the following products are included within the ambit of the definition: (i) minced meat; (ii) salted meat; (iii) tripe; (iv) cooked meat products that are on premises at which meat processing other than the production of the cooked meat products is carried on; (c) the following products are excluded from the ambit of the definition: (i) a meat pie within the meaning of Division 1 of Standard 2.2.1 of the Food Standards Code (clause 1); (ii) a sausage roll or meat pastie or any other pastry product containing meat; (iii) canned meat products; (iv) pasta, or pasta sauce, containing meat; (v) cooked meat products (other than those referred to in paragraph (a) or (b)). (2) In this regulation— cooked, in relation to meat, means meat the core temperature of which has been maintained— (a) at 65° Celsius for a period of at least 10 minutes; or (b) at a higher temperature for a period of time that produces an equivalent microbiological effect in relation to the meat. Part 2—Meat industry food safety scheme Division 1—Preliminary 5—Meat industry food safety scheme These regulations establish a food safety scheme for the following classes of activities: (a) carrying on the business of producing meat; (b) carrying on the business of selling meat (by wholesale or retail). 6—Minister is accreditation body The Minister is the accreditation body for accrediting persons carrying on the business of producing meat. Division 2—Accreditation 7—Obligation to be accredited (1) For the purposes of section 12 of the Act, a person must not carry on the business of producing meat without an accreditation. (2) Subregulation (1) does not apply in respect of the following activities: (a) the growing of poultry, the killing of an animal, or the further processing or handling of an animal, at premises by or on behalf of the owner of the premises if none of the meat from the animal is— (i) sold or intended for sale; or (ii) used, or intended for use, as food for paying guests; or (iii) taken away, or intended to be taken away, from the premises; (b) the killing of wild game, or the further processing or handling of wild game, if none of the meat from the game is— (i) sold or intended for sale; or (ii) used, or intended for use, for business purposes; (c) the further processing or handling of meat that has been lawfully produced for human consumption if— (i) the further processing or handling occurs in the course of the retail sale of meat and consists of— (A) the storage of meat in the package in which it was received; or (B) cutting or slicing and packaging of ready‑to-‑eat meat in a supermarket or delicatessen; or (ii) the further processing or handling is done by a person in the course of the preparation of food for consumption by customers or guests of that person; or (iii) the further processing or handling does not constitute or form part of a business and none of the meat is— (A) sold or intended for sale; or (B) used, or intended for use, for business purposes. 8—Separate accreditation required for each premises If an applicant for accreditation proposes to carry on the business of producing meat at more than 1 discrete premises, application must be made for a separate accreditation in respect of each of the premises. 9—Grant of accreditation For the purposes of section 15(1)(c) of the Act, an applicant for accreditation must satisfy the Minister that the applicant has the capacity, or has made or proposes to make appropriate arrangements, to satisfy the requirements of the Act and these regulations applicable to the activities to be accredited. 10—Approved food safety arrangement An accredited meat producer must adopt an approved food safety arrangement. Maximum penalty: $5 000. Expiation fee: $315. 11—Compliance with codes (1) An accredited meat producer must ensure that the activities authorised under the accreditation are carried on in compliance with the codes set out in Schedule 1 for those activities (subject to the modifications in subregulation (3) and Schedule 1). Maximum penalty: $5 000. Expiation fee: $315. (2) The Minister may, on application, exempt an accredited meat producer from compliance with specified provisions of a code if satisfied that the person has made alternative arrangements in order to be able to comply within a specified period. (3) The Australian Standards set out in Schedule 1 are modified as follows: (a) a reference to the Controlling Authority or to the Chief Inspector is to be taken to be a reference to the Minister; (b) a reference to a licence is to be taken to be a reference to an accreditation; (c) a reference to a licensee is to be taken to be a reference to an accredited meat producer; (d) a reference to a registration is to be taken to be a reference to an accreditation; (e) a reference to a registered person is to be taken to be a reference to an accredited meat producer; (f) a reference to an inspector or to a meat safety inspector is to be taken to be a reference to an authorised person or a person designated (individually or by class) by the Minister by condition of accreditation as an inspector in relation to an accredited meat producer; (g) a reference to the production of meat is to be taken to be a reference to the processing or handling of meat and, in the case of meat derived from poultry, the growing of poultry; (h) a reference to an approved arrangement is to be taken to be a reference to an approved food safety arrangement; (i) a reference to premises is to be taken to be a reference to premises specified under the accreditation; (j) a reference to the proprietor of a meat business is to be taken to be a reference to a person carrying on the business of processing or handling meat; (k) a reference to the proprietor of a meat transport business is to be taken to be a reference to a person carrying on the business of transporting meat; (l) a reference to equipment is to be taken to be a reference to equipment used under the accreditation. 12—Approval required to carry on new activity An accredited meat producer must not carry on activities under the accreditation other than activities of a class specified under the accreditation without the prior written approval of the Minister. 13—Notification of change in circumstances An accredited meat producer must, no later than 14 days after— (a) a change in business name under which the accredited meat producer carries on activities under the accreditation; or (b) a change in the accredited meat producer's business address (including a change in the registered corporate office if the accredited meat producer is a body corporate); or (c) the commencement of construction, demolition or removal of a building or part of a building at premises at which activities are carried on under the accreditation, give the Minister written notice of those matters. Maximum penalty: $250. Expiation fee: $80. Division 3—Marking of meat and containers 14—Marking of meat before removal from premises (1) An accredited meat producer authorised under the accreditation to slaughter animals must ensure that, before meat derived from animals processed under the accreditation and intended for human consumption is removed from premises subject to the accreditation, the meat— (a) is safe and suitable; and (b) has been marked as safe and suitable. Maximum penalty: $5 000. Expiation fee: $315. (2) Subregulation (1)(b) does not apply in relation to— (a) meat processed or handled in an establishment registered under the Export Control Act 1982 of the Commonwealth (as amended from time to time) and marked in accordance with that Act; or (b) meat derived from poultry. (3) For the purposes of subregulation (1)(b), meat will only be taken to have been marked as safe and suitable if it is marked— (a) in accordance with the accreditation; or (b) by means of a brand or brands1 leased by the producer from the Minister in accordance with the terms of the lease. Note— 1 The brand will include the relevant accreditation number and may, if the brand is to be used in relation to a particular class of meat, include letters, numbers or symbols identifying the class of meat. 15—Marking of containers before removal from premises (1) An accredited meat producer must ensure that, before a container or other thing containing meat intended for human consumption is removed from the premises subject to the accreditation, it is marked with the person's accreditation number and the date of packing1. Maximum penalty: $5 000. Expiation fee: $315. (2) This regulation does not apply in relation to poultry. Note— 1 These requirements are in addition to labelling requirements under the Food Act 2001 or other legislation. 16—Leasing and care of brands used to mark meat safe and suitable (1) The Minister may charge a fee for leasing a brand and may impose conditions on the lease. (2) An accredited meat producer to whom a brand is leased must take all reasonable steps to prevent the brand from being stolen, defaced or used for a purpose other than the marking of meat for human consumption processed under the accreditation. Maximum penalty: $5 000. Expiation fee: $315. (3) An accredited meat producer to whom a brand is leased must return the brand to the Minister within 7 days after— (a) the accreditation is cancelled, suspended or surrendered; or (b) receiving a written request for its return from the Minister. Maximum penalty: $2 500. Expiation fee: $210. 17—Offence to manufacture or possess unauthorised brand (1) A person must not, without the approval of the Minister— (a) manufacture; or (b) have in his or her custody or possession, a brand that is or purports or appears to be a brand of a kind leased from the Minister under this Part. Maximum penalty: $5 000. Expiation fee: $315. (2) Subregulation (1)(b) does not apply in relation to a brand leased from the Minister being in the custody or possession of the lessee, or an employee or agent of the lessee, at the premises at which animals are slaughtered under the lessee's accreditation. Division 4—Sale of meat 18—Meat for human consumption not to be sold unless lawfully produced and safe and suitable A person must not sell meat for human consumption unless— (a) it has been lawfully produced for human consumption; and (b) it is safe and suitable. Maximum penalty: $5 000. Expiation fee: $315. 19—Meat for consumption by pets not to be sold unless lawfully produced and suitable A person must not sell meat for consumption by pets unless— (a) it has been lawfully produced for consumption by pets; and (b) it is suitable. Maximum penalty: $5 000. Expiation fee: $315. Part 3—Evidence 20—Evidence (1) In proceedings for an offence against the Act or these regulations, an allegation— (a) that specified matter was meat; or (b) that specified meat was intended for human consumption; or (c) that specified meat was intended for consumption by pets; or (d) that the sale of specified meat was for human consumption; or (e) that the sale of specified meat was for consumption by pets, will be accepted as proved, in the absence of proof to the contrary. (2) In proceedings for an offence against the Act or these regulations, proof that specified meat was on any premises used by a person for or in connection with the business of selling meat, or on any adjacent premises occupied by that person or any member of his or her family, will, in the absence of proof to the contrary, be accepted as proof that the meat was being offered, exposed or stored for sale by that person. Part 4—Fees and charges 21—Fees, charges and returns (1) For the purposes of section 17(1) of the Act, an accredited meat producer must, not later than 30 June in each year— (a) pay to the Minister the annual fee prescribed by fee notice; and (b) lodge with the Minister an annual return. (2) For the purposes of section 17(2) of the Act, the penalty for default in paying an annual fee or lodging an annual return is prescribed by fee notice. (3) The Minister may waive, defer or reduce payment of a fee if the Minister considers it appropriate to do so in the circumstances. (4) The Minister may recover an amount payable to the Minister by way of a fee or part of a fee as a debt from the person liable to pay. (5) In this regulation— fee means a fee prescribed by fee notice; fee notice has the same meaning as in the Legislation (Fees) Act 2019. 22—Matters to be determined in calculating annual fees (1) For the purposes of calculating the annual fee— (a) the Minister may, from time to time, determine the period that is to be the relevant period for determining the nature and level of activity of accredited meat producers; and (b) the Minister may determine the nature of an accredited meat producer's activity having regard to information about the amount (by mass) of meat processed, handled or sold in the course of the person's business during the relevant period; and (c) the Minister may determine the level of activity of an accredited meat producer having regard to information about the number of positions held by persons engaged in the meat producer's business during the relevant period; and (d) if an accredited meat producer has not carried on business under the accreditation during the relevant period or part of the relevant period, the Minister may determine the nature and level of the meat producer's activity having regard to the Minister's reasonable assumptions as to what would have been the nature and level of the activity during the relevant period or part of the relevant period had the person carried on the business during that time. (2) An accredited meat producer must, if the Minister so requires by written notice, provide the Minister with specified information to enable the Minister to determine a matter under this regulation. Maximum penalty: $5 000. Expiation fee: $315. 23—Fee payable before grant of accreditation (1) A person who applies for accreditation must, before the accreditation is granted, pay to the Minister a fee of an amount calculated by multiplying the applicant's projected annual fee by the proportion that the number of whole months between the grant of the accreditation and the next 30 June bears to 12 months. (2) For the purposes of subregulation (1), an applicant's projected annual fee is the amount determined by the Minister as equivalent to the annual fee that would be payable by the applicant were the applicant an accredited meat producer liable to pay an annual fee under section 17 of the Act calculated by reference to the nature and level of the activity carried on by the applicant during the relevant period or the Minister's reasonable assumptions as to what would have been the nature and level of activity during the relevant period had the applicant's business commenced then. Schedule 1—Codes (regulation 11) A code set out in column 3 in the table in this Schedule applies in relation to the type of activity specified in column 2, subject to any modifications specified in column 4.