Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2022

The regulations are compact and revolve around a small set of core regulatory concepts. Each concept is both defined or invoked in the text and operationalised through obligations, powers or penalties.

• Accredited producer (r 3): a person accredited under these regulations to carry on a seed sprouts production business. This is the primary regulated entity. The accreditation status is central: it triggers the duties in Part 2 (eg compliance with Standard 4.2.6, having an approved food safety arrangement, audit obligations and fee/return obligations).
• Seed sprouts and seed sprouts production (r 3): “seed sprouts” means young seedlings grown from an explicit list of seed types and open‑ended categories (“or other seeds”, “or other beans”, “or other peas”); “seed sprouts production” means production of seed sprouts intended for human consumption. The definitions set the scope of regulated activity; the inclusion of “other” seeds/beans/peas makes the list non‑exhaustive within that limited taxonomy.
• Food Standards Code and Standard 4.2.6 (r 3; r 7): the “Food Standards Code” is given its statutory meaning under the Food Act 2001 (r 3). Regulation 7 imposes an express duty on accredited producers to carry on activities in compliance with Standard 4.2.6, and does so “despite” the Standard’s exclusion of primary food production. That is an express localisation of a food safety standard to accredited seed sprouts producers.
• Accreditation and the Minister’s role (rr 4-6): Part 2 identifies the Minister as the accreditation body (r 4(2)). Applicants for accreditation must satisfy the Minister of capacity or arrangements to meet the Act and these regulations (r 6). The regulations do not spell out accreditation criteria beyond the capacity/arrangements requirement; they reference the Act (s 15(1)(c)) as the enabling provision for this requirement (r 6).
• Approved food safety arrangement (r 8): every accredited producer must have a food safety arrangement that is approved by the Minister; the regulations do not set form, content or minimum elements for that arrangement but make approval by the Minister a precondition for accredited operation.
• Auditing and approved auditor (r 9): accredited producers must permit an “approved auditor” to carry out audits without notice , both the periodic audits required under the producer’s approved food safety arrangement and additional audits if an initial audit shows non‑compliance (r 9(1)(a)-(b)). The regulations require producers to bear all audit costs (r 9(2)). The regulations employ the term “approved auditor” but do not define or prescribe how an auditor becomes approved in the text.
• Fees, charges and returns (r 10; r 11): regulated financial obligations are annual fees, annual returns and a fee payable before grant of accreditation calculated pro rata to the next annual fee date (r 11). The regulations use the mechanism of a “fee notice” as defined under the Legislation (Fees) Act 2019 (r 10(5)). The Minister determines the due date for the annual fee/return by written notice to the accredited producer (r 10(1)), can waive/defer/reduce fees (r 10(3)) and may recover unpaid amounts as a debt (r 10(4)). The penalty for default is prescribed by fee notice (r 10(2)).
• Enforcement and penalties (r 7; r 10(2), r 10(4)): a monetary maximum penalty ($5,000) and an expiation fee ($315) are set for the Standard 4.2.6 compliance requirement (r 7). Fee default penalties are to be prescribed by fee notice (r 10(2)). The Minister has power to recover fees as debt (r 10(4)). The regulations also rely on the Act for the statutory offence of carrying on operations without accreditation (r 5 refers to s 12 of the Act).

These concepts create a compact regulatory design: accreditation acts as the entry ticket; Ministerial approval and oversight structures (approved food safety arrangement; approved auditor; fee notices) are the control levers; Standard 4.2.6 is the substantive food safety benchmark; financial obligations and audit obligations enforce ongoing compliance. The text centralises discretion in the Minister for approval and fee timing, leaves some definitions and procedural details (eg “approved auditor”) unspecified in these regulations, and cross‑references other statutes for definitional and fee machinery.

The regulations target a narrow commercial sector and allocate costs and decision‑rights across specified actors.

• Primary target: persons who carry on seed sprouts production intended for human consumption. The regulations make it a statutory requirement that a person must not carry on seed sprouts production without accreditation (r 5, referencing s 12 of the Act). The defined term “accredited producer” identifies the regulated party as the person granted accreditation under these regulations (r 3). If you operate a business growing young seedlings listed in r 3 for human consumption, you fall within the scope.
• Applicants for accreditation: prospective operators who wish to lawfully carry on seed sprouts production must apply for and secure accreditation. The application must satisfy the Minister that the applicant has the capacity, or has made or proposes to make arrangements, to meet the requirements of the Act and these regulations that apply to the activities to be accredited (r 6). The applicant therefore bears the burden of demonstrating capacity or arrangements to the Minister.
• The Minister: the Minister is the accreditation body for the seed sprouts food safety scheme (r 4(2)). The Minister decides accreditation, approves food safety arrangements (r 8), sets the timing for annual fees and returns by written notice (r 10(1)), may waive/defer/reduce fees (r 10(3)) and may recover unpaid fees as a debt (r 10(4)). The Minister also has power to approve auditors indirectly via the reference to “approved auditor” (r 9). The regulations thus place significant regulatory discretion with the Minister.
• Approved auditors: the regulations require accredited producers to allow an “approved auditor” to carry out periodic and additional audits without notice (r 9(1)). The regulations do not define who qualifies as an approved auditor, but they create a role whose activity (unannounced audits) directly affects producers’ operations.
• Consumers and downstream parties: while the text does not create direct duties on retailers or consumers, the mandatory compliance with Standard 4.2.6 (r 7) ties seed sprouts production to a recognised food safety benchmark, which affects the nature of product safety assurances that producers must provide into the supply chain.
• Entities paying charges and fees: accredited producers pay all audit costs (r 9(2)), annual fees and lodge returns by dates specified by the Minister (r 10(1)), and must pay a pro rata fee before grant of accreditation (r 11). The Minister may waive or reduce fees (r 10(3)), but absent a waiver the financial burden sits with producers. The Minister can also recover unpaid fees as a debt (r 10(4)). Penalties for failing to comply with the Standard are enforceable against accredited producers (r 7).
• Holders of the earlier 2010 regulation: Schedule 1 repeals the 2010 regulations. The repeal means those previously regulated under the 2010 instrument may now be regulated under the 2022 scheme, subject to transitional arrangements (none are contained in these regulations).

In short, the regulated population is commercial operators producing seed sprouts for human consumption. The regulations allocate ongoing compliance costs, auditing costs and fee obligations to accredited producers, centralise decision‑making with the Minister (accreditation, approval, fee timing, and remission), and empower auditors to conduct no‑notice inspections. The regulations do not, within their text, create duties on purchasers or retail outlets, nor do they specify obligations for how auditors are approved.

The regulations create a compact but precise set of duties for accredited producers and applicants, and allocate decision rights principally to the Minister.

Duties on applicants and accredited producers

• Do not operate without accreditation: a person must not carry on seed sprouts production without an accreditation (r 5, in aid of s 12 of the Act). That is the core pre‑condition for lawful operation under the scheme.
• Demonstrate capacity to comply: 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 (r 6). The duty is to the Minister and hinges on the applicant’s ability to show capacity or arrangements.
• Comply with Standard 4.2.6: an accredited producer must ensure that the activities under the accreditation are carried on in compliance with Standard 4.2.6 of the Food Standards Code (r 7). The regulation explicitly overrides the operative exclusion in Standard 4.2.6 for primary food production by imposing compliance “despite” the Standard’s exclusion.
• Maintain an approved food safety arrangement: an accredited producer must have a food safety arrangement approved by the Minister (r 8). The duty is ongoing and approval is a condition of accreditation.
• Permit auditing and pay audit costs: accredited producers must allow an approved auditor to perform periodic audits required by the producer’s approved food safety arrangement, and additional audits where non‑compliance is detected, without notice (r 9(1)). Accredited producers must pay all costs associated with audits (r 9(2)).
• Pay annual fees and lodge returns: for each year an accredited producer must, by the day and month specified by the Minister in writing, pay the annual fee prescribed by fee notice and lodge a return that conforms to the Minister’s requirements as to form, contents and manner (r 10(1)). There is a penalty for default as prescribed by fee notice (r 10(2)).
• Pay pre‑grant pro rata fee: before accreditation is granted, the applicant must pay a fee calculated by reference to the annual fee and the number of whole months between the grant and the next annual fee date (r 11).

Decision rights and discretions vested in the Minister

• Accreditation authority: the Minister is the accreditation body (r 4(2)) and decides on accreditation subject to the statutory regime in the Act and the capacity requirement in r 6.
• Approval of food safety arrangements: only the Minister can approve a producer’s food safety arrangement (r 8).
• Audit scheme oversight: the Minister prescribes the auditor framework implicitly through the use of “approved auditor” (r 9), and can compel additional audits following non‑compliance findings (r 9(1)(b)).
• Fee timing and remission: the Minister specifies the date and month for payment and lodgement of annual fees and returns (r 10(1)), may waive, defer or reduce fees where appropriate (r 10(3)), and may recover unpaid fees as a debt (r 10(4)).
• Fee setting mechanism: the regulations rely on “fee notice” arrangements under the Legislation (Fees) Act 2019 to establish fees and default penalties (r 10(5); r 10(2)).

Rights and protections explicitly provided

• The text gives accredited producers no express right of appeal or review against accreditation or approval decisions within these regulations. The Minister’s powers to approve arrangements, set fee due dates and remit fees are expressed as executive discretions (rr 8; 10(1), (3)). The regulations do, however, allow a producer the right to operate lawfully once accredited and having an approved food safety arrangement and to be subject to up‑front and ongoing compliance obligations under the scheme.

Enforcement and sanctions

• Monetary sanctions are explicitly set for failure to comply with the Standard (r 7): maximum penalty $5,000; expiation fee $315. Penalties for fee default are prescribed by fee notice (r 10(2)).
• Ministerial recovery of unpaid fees by debt action is authorised (r 10(4)).

Record and reporting duties

• Annual returns: accredited producers must lodge an annual return that conforms to the Minister’s requirements as to form, contents and delivery (r 10(1)(b)). The regulation does not prescribe the return’s content in detail, but gives the Minister the authority to set those particulars by direction to the producer.

Overall, the duties place the onus of regulatory compliance, monitoring cost and financial burden on accredited producers and applicants, while the Minister retains core decision rights over accreditation, approval of food safety arrangements, audit oversight and fee administration.

The regulations set out a small number of express enforcement devices and monetary sanctions, while relying on the Act and fee notice machinery for other enforcement functions.

Express monetary penalties

• Compliance with Standard 4.2.6: regulation 7 creates a direct obligation for accredited producers to carry on activities under the accreditation in compliance with Standard 4.2.6 of the Food Standards Code “despite” that Standard’s exclusion for primary food production. The regulation specifies a maximum penalty of $5,000 and an expiation fee of $315 for contravention (r 7).
• Fee default penalties: regulation 10(2) states that the penalty for default in payment of an annual fee or lodging an annual return is as prescribed by fee notice. The regulation therefore delegates the exact penalty quantum and possibly graduated enforcement steps to fee notice instruments under the Legislation (Fees) Act 2019 (r 10(5)).

Administrative enforcement powers

• Auditing and follow‑up audits: the regulations require accredited producers to permit an approved auditor to perform without notice the periodic audits required by the producer’s approved food safety arrangement and additional audits if an initial audit shows failure to comply (r 9(1)(a)-(b)). The requirement to allow unannounced audits is an enforcement mechanism designed to detect non‑compliance; the regulations also entitle the Minister to require extra audits where non‑compliance is identified.
• Cost recovery and debt action: the Minister may recover as a debt any amount payable by way of fee or part of a fee from the person liable to pay it (r 10(4)). That permits the government to pursue unpaid fees through ordinary debt recovery processes in addition to any penalty mechanisms under fee notices.

Delegation of enforcement to other instruments

• The regulations cross‑reference the Act for the prohibition on carrying on seed sprouts production without accreditation (r 5 references s 12 of the Act), and they also cross‑reference the Act for accreditation requirements (r 6 references s 15(1)(c)) and for fee powers (r 10 references s 17 of the Act). Those cross‑references indicate that additional enforcement tools and procedural safeguards may exist in the Act itself, but the 2022 regulations contain only the limited enforcement and penalty measures set out above.
• The fee mechanism and its enforcement are linked to the concept of “fee notice” (r 10(5)), which in turn has statutory content in the Legislation (Fees) Act 2019. The regulations therefore rely on other legislative instruments for detailed fee‑setting and enforcement mechanisms.

Practical operation of enforcement provisions

• Unannounced audits and the obligation to pay audit costs mean that a producer who is non‑compliant can be subject to immediate follow‑up inspections at the producer’s expense (r 9(1)-(2)). That creates both an investigatory enforcement tool and a cost penalty.
• The specified maximum penalty and expiation for failure to comply with the Food Standards requirement are low to moderate monetary sanctions ($5,000 maximum; $315 expiation) (r 7); fee default penalties are left to be prescribed by fee notice, which could include different modalities or escalations not stated in these regulations (r 10(2)).
• The Minister’s power to recover fees as debts (r 10(4)) shifts unpaid fee enforcement into ordinary civil recovery, which may include judgment and execution processes beyond the regulatory scheme itself.

Limits on enforcement detail in the regulations

• The regulations do not set out processes for issuing infringement notices (other than the expiation fee in r 7), nor do they prescribe appeal or review rights in respect of enforcement actions taken under the regulations themselves. Those procedural features, if present, will be found in the Act or in fee notice instruments rather than these regulations.

In sum, the regulations provide a clear set of monetary penalties tied to Standard 4.2.6 non‑compliance and create auditing and fee recovery mechanisms that can be used for enforcement. They deliberately leave granular fee penalties and certain procedural enforcement steps to fee notice instruments and the Parent Act.

The regulations interact with multiple external instruments by direct cross‑reference and by operational override in one specific instance.

Direct cross‑references

• Primary Produce (Food Safety Schemes) Act 2004: the regulations are made under that Act and repeatedly cross‑refer to it. Regulation 5 refers to s 12 of the Act for the prohibition against carrying on seed sprouts production without accreditation. Regulation 6 invokes s 15(1)(c) of the Act to establish the accreditation applicant’s obligation to satisfy the Minister of capacity or arrangements. Regulation 10 is drafted “for the purposes of section 17 of the Act” when prescribing annual fees and returns. The 2022 regulations therefore form a subordinate instrument within the Act’s accreditation and regulatory framework and rely on the Act for statutory authority and some procedural context.
• Food Act 2001 and the Food Standards Code: regulation 3 provides that “Food Standards Code has the same meaning as in the Food Act 2001.” Regulation 7 then requires accredited producers to operate in compliance with Standard 4.2.6 of the Food Standards Code. Importantly, regulation 7 states that this compliance is required “despite the fact that the Standard excludes food businesses that fall under the definition of primary food production from compliance with that Standard.” That is an explicit regulatory override in the sense that the regulations require compliance with a Standard where the Standard itself would otherwise exclude primary food production businesses. The effect is to import Standard 4.2.6 as a mandatory benchmark for accredited seed sprouts producers even where the national standard would otherwise not apply to primary producers.
• Legislation (Fees) Act 2019: regulation 10(5) defines “fee notice” as having the same meaning as in the Legislation (Fees) Act 2019 and delegates fee quantum, penalties for fee default and potentially other fee mechanics to instruments made under that statutory fee framework. The regulations therefore rely on that Act for detailed fee‑setting procedures and penalty mechanisms.
• Repeal of prior subordinate instrument: Schedule 1 expressly repeals the Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010. That is an internal legislative housekeeping step that transfers regulatory force to the 2022 instrument and may carry consequences for persons previously regulated under the 2010 regime.

Operational interaction and practical implications

• Importation of Standard 4.2.6: by imposing compliance with Standard 4.2.6 on accredited producers despite the Standard’s exclusion for primary food production, the regulations create a point of intersection where a national food safety standard is locally enforced against a subset of primary producers. Practitioners should note that the operational requirement is within the regulations themselves (r 7) and does not rely on the Food Standards Code to apply automatically.
• Delegation of fee content: the regulations defer the precise fee amounts and penalty levels for fee default to “fee notice” instruments under the Legislation (Fees) Act 2019 (r 10). That means the administrative details and potentially periodic fee increases are managed via the fee notice mechanism rather than being fixed in the regulations.
• Reliance on the Act for procedural rules and offences: the regulations reference sections 12, 15(1)(c) and 17 of the Act (rr 5, 6, 10). Those references indicate that the Act supplies the primary statutory architecture for accreditation, offences and fee powers. The regulations sit on top of that architecture by specifying sector‑specific obligations (seed sprouts), operationalising audits and approvals, and fixing certain penalties.
• Undefined terms within the instrument: the regulations use “approved auditor” and “approved food safety arrangements” but do not define the criteria or processes for approval in the text. Those definitional gaps mean the instrument interacts with broader administrative practice and with the Minister’s exercise of discretion when operationalising those approvals.

In short, the regulations should be read and applied in conjunction with the Primary Produce (Food Safety Schemes) Act 2004, the Food Act 2001 (for the meaning of the Food Standards Code), the Food Standards Code (Standard 4.2.6 being imported by r 7), and the Legislation (Fees) Act 2019 (for fee notice mechanics). The regulations impose a localised extension of Standard 4.2.6 to accredited seed sprouts producers and rely on fee notice mechanisms and the parent Act for key procedural and enforcement details.

The text of the regulations contains the following recorded history and transitional action.

• Commencement and commencement notice: the regulations carry a commencement provision, coming into operation on 1 August 2022 (r 2). The Legislative history section records the Gazette notice: 2022, No 52, Gazette 7.7.2022 p 2132 with the commencement date recorded at r 2.
• Repeal of predecessor regulations: Schedule 1 repeals the Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010. The repeal is explicit and complete: “The Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010 are repealed” (Schedule 1). No transitional provisions are contained in the text of the 2022 regulations.
• No amending provisions recorded within the text: the regulations as presented do not themselves contain amending provisions other than the repeal of the 2010 regulations. There are no schedules that insert or amend other Acts or regulations beyond that repeal.
• Fee mechanism delegated to fee notices: while not an amendment per se, regulation 10(5) incorporates fee notice principles from the Legislation (Fees) Act 2019, which means that fee amounts and penalty details may change over time via fee notice instruments rather than via amendment to the regulations themselves. Practically, that yields ongoing administrative adjustments to fees without formal amendment to the regulations.
• Legislative record included: the instrument includes a Legislative history note pointing users to the Index of South Australian Statutes and to the state legislation website for further information. The Principal regulations block records the 2022 instrument as the operative instrument (Year 2022, No 52).
• No stated transitional or saving clauses: the regulations do not include transitional measures for persons who were registered, accredited or operating under the repealed 2010 regulations. The repeal (Schedule 1) is stated without savings or grandfathering provisions in this instrument.

In short, the 2022 regulations are a clean instrument: they commence on 1 August 2022, replace the 2010 regulations in full (Schedule 1), and delegate fee and penalty specifics to fee notice processes under the Legislation (Fees) Act 2019. Any further changes to fee levels or penalty particulars are likely to be effected by fee notices rather than statutory amendment to this instrument.

The regulations themselves do not record any litigation history. The text contains no references to judicial decisions, proceedings, or case authority, and the Legislative history records only enactment details (Gazette, commencement) and the repeal of the 2010 instrument.

Observations grounded in the regulations about potential points of legal friction

• Discretionary decisions by the Minister: the regulations vest a number of discretionary decisions with the Minister , accreditation (r 4(2); r 6), approval of food safety arrangements (r 8), timing of fee/return lodgement (r 10(1)) and fee remission (r 10(3)). Discretionary administrative decisions are common subjects of review or challenge in external fora, but no case law or litigation outcomes are recorded in these regulations.
• Audit‑related disputes: the right to carry out audits without notice (r 9(1)) and the requirement that producers pay audit costs (r 9(2)) could give rise to disputes over the scope of audits, auditor approval and costs. The regulations use the phrase “approved auditor” but do not specify the approval mechanism; that legal gap is a plausible locus for disagreement about who may audit and on what basis. The regulations do not set out procedural safeguards (eg notice, scope limitations, or appeal pathways) within their text.
• Fee setting and enforcement: the reliance on “fee notices” for fee quantum and default penalties (r 10(2), (5)) creates numerous administrative choices that could be operationally contested , for example, adequacy of notice, changes in fee notice amounts, or enforcement steps used by the Minister to recover unpaid fees (r 10(4)). The regulations themselves do not record any dispute history.
• Regulatory scope and definition: the definition of “seed sprouts” is inclusive, listing specified seeds and concluding categories with “or other seeds/beans/peas” (r 3). Disputes could arise about whether particular produced items fall within the definition especially when plant material sits at the margins of those categories.

What the regulations report

• No litigation history is recorded in the instrument: the Legislative history includes only the Gazette reference and commencement date, and Schedule 1 records the repeal of the 2010 regulations. There are no annotations or entries recording judicial review, appeals or adjudicated disputes in the text provided.

Practitioners seeking to identify litigation patterns or precedents will need to search court and administrative tribunal records beyond the regulations themselves. The instrument, as made, signals likely areas of administrative dispute (Ministerial discretion, auditor approval, audit scope and costs, fee notice application) but contains no recorded judicial outcomes.

A number of features in the text create practical traps for operators, advisers and compliance teams. These are factual, source‑grounded issues that can produce non‑compliance or unexpected costs if overlooked.

• Mandatory accreditation precondition (r 5): operating seed sprouts production without accreditation contravenes the regulations (by reference to s 12 of the Act). The operator who assumes that a small scale or informal business is outside the scope risks unlawful operation. The onus is on the person to obtain accreditation before carrying on the business.
• “Seed sprouts” definition is broad and non‑exhaustive (r 3): the regulations list specific seeds and then include “or other seeds”, “or other beans”, “or other peas”. This wording widens scope beyond the enumerated list; producers growing seedlings from less common seeds may still fall within the definition and therefore within the accreditation requirement.
• Standard 4.2.6 applies despite national exclusions (r 7): the Food Standards Code ordinarily excludes primary food production from Standard 4.2.6, but regulation 7 requires accredited producers to comply with Standard 4.2.6 “despite” that exclusion. Producers cannot rely on the national Standard’s exclusion for primary production to avoid compliance if they are accredited under these regulations.
• Audit without notice and cost allocation (r 9): the requirement to permit an approved auditor to perform audits without notice and to pay “all of the costs associated with the audits” is a significant operational and financial burden. Producers should expect unannounced inspections and be ready to meet the direct financial consequences of auditing. There is no cap or cost‑sharing provision in the text.
• “Approved auditor” is not defined in these regulations (r 9): the term is used to authorise unannounced audits, yet the regulations do not set out who or how an auditor becomes “approved”. That absence creates uncertainty about the qualifications, independence or accreditation of auditors who will inspect producers.
• Fee timing and content controlled by Minister and fee notices (r 10): the Minister specifies the day and month for annual fee payment and return lodgement by written notice to the accredited producer (r 10(1)). The actual fee quantum and default penalties are implemented via “fee notice” instruments under the Legislation (Fees) Act 2019 (r 10(5)). Practically, this structure means fees and penalty settings may change administratively without amendment to the regulations and producers must track fee notices.
• Pre‑grant payment obligation (r 11): before grant of accreditation the applicant must pay a pro rata fee calculated by reference to the annual fee and months remaining to the next fee date. That creates an up‑front cash flow requirement which may be overlooked by applicants who expect fees only after accreditation.
• Ministerial discretion on fee remission (r 10(3)): while the Minister may waive, defer or reduce fees if appropriate, that is an executive discretion not an entitlement. Producers should not rely on automatic fee relief.
• Repeal of 2010 regulations without transitional text (Schedule 1): the prior 2010 instrument is repealed but the 2022 regulations do not include explicit transitional arrangements or savings clauses. Operators transitioning from the old framework may need to verify how accreditation status is carried forward in practice, because the regulations themselves are silent on transition.
• Limited procedural protections in the regulations: the instrument does not provide express rights of review or appeal against Ministerial accreditation decisions, audit findings or fee notices within its text. Any such review rights will need to be found in the parent Act or other administrative law avenues, not in these regulations.
• Penalty quantum modest but not negligible (r 7): the specified maximum penalty for non‑compliance with Standard 4.2.6 is $5,000 and the expiation fee is $315. While not large relative to some commercial fines, the expense of audits plus fee enforcement and potential reputational consequences can amplify the effective cost of non‑compliance.

These “gotchas” are entirely derived from the text of the regulations. They identify obligations that are immediate and practical: accreditation, compliance with a national Standard notwithstanding exclusion, unannounced audits at the producer’s expense, pre‑grant pro rata fee payment, Ministerial control of fee timing and content via fee notices, and ambiguity around audit approval and transitional arrangements. Each of these should be factored into operational planning, contract terms with auditors and cost budgeting for new or existing seed sprouts production businesses.

This section sets out a practical compliance checklist grounded exclusively in the regulatory text, with procedural steps, evidentiary preparation and risk management measures that an applicant or accredited producer should follow.

1. Establish whether your operation falls within the regulatory definition

   • Verify that the product is “seed sprouts” as defined in regulation 3: young seedlings grown from the listed seeds, beans or peas, or from “other seeds/beans/peas.” If the seedlings are intended for human consumption, they fall within “seed sprouts production” (r 3). This determination is the threshold for the accreditation requirement (r 5).

2. Prepare for accreditation application and satisfy the Minister about capacity

   • Prepare documentation showing operational capacity or planned arrangements to meet the Act and these regulations (r 6). The regulations require applicants to “satisfy the Minister” on capacity or arrangements. Practical evidence likely includes written procedures addressing food safety, management structures, staff competencies, intended food safety arrangement drafts, and financial capacity. The regulations reference s 15(1)(c) of the Act as the statutory hook for this requirement (r 6).

3. Budget and pay the pre‑grant fee

   • Before accreditation is granted you must pay a pro rata fee calculated by multiplying the annual fee by the proportion of whole months between grant and the next annual fee date (r 11). Confirm the current annual fee via the relevant fee notice (r 10(5)), and budget for this up‑front payment as part of the application process.

4. Design and submit a food safety arrangement for Ministerial approval

   • An accredited producer must have a food safety arrangement approved by the Minister (r 8). Draft a food safety arrangement that is structurally consistent with Standard 4.2.6 (see step 5) and be ready to submit it for Ministerial approval. Ensure the arrangement sets out periodic audits, traceability, hazard controls, sanitation, and corrective actions to align with the Standard.

5. Ensure compliance with Standard 4.2.6 of the Food Standards Code

   • The regulations require accredited producers to ensure activities under accreditation comply with Standard 4.2.6, despite the Standard’s ordinary exclusion for primary food production (r 7). Map your food safety plan to the specific requirements of Standard 4.2.6 and maintain documentary evidence demonstrating compliance in day‑to‑day operations.

6. Prepare for audits and contractual engagement with auditors

   • Accredited producers must permit an “approved auditor” to conduct periodic and additional audits without notice (r 9(1)). Prepare by:
     • Maintaining up‑to‑date records, checklists and logs demonstrating compliance with the approved food safety arrangement and Standard 4.2.6.
     • Ensuring premises are audit‑ready at all times (given audits may be unannounced).
     • Budgeting for the full costs of audits, as producers must pay all audit costs (r 9(2)).
   • Note that the regulations do not define “approved auditor”; in practice, identify who the Minister regards as approved and ensure any contractual arrangements with auditors permit compliance with unannounced audits.

7. Meet annual fee and return obligations on the date specified by the Minister

   • For each year, accredited producers must pay the annual fee prescribed by fee notice and lodge a return conforming to the Minister’s requirements by the day and month specified in writing by the Minister (r 10(1)). Maintain a compliance calendar, watch for the Minister’s written notice of due dates, and review fee notices under the Legislation (Fees) Act 2019 to identify annual fee quantum and potential default penalty mechanics (r 10(2), r 10(5)).

8. Understand fee remission and debt recovery options

   • The Minister may waive, defer or reduce payment of a fee if considered appropriate (r 10(3)). If you anticipate difficulty, seek Ministerial relief in writing and document supporting circumstances. Where fees are unpaid, the Minister may recover the amount as a debt (r 10(4)), so treat fee obligations as enforceable civil liabilities.

9. Implement recordkeeping that supports audits and returns

   • Because the regulations require audit compliance and annual returns (r 9; r 10), maintain records that demonstrate ongoing compliance with Standard 4.2.6 and the approved food safety arrangement. Typical records would document cleaning regimes, seed sourcing, water quality testing, temperature controls, employee training, traceability and corrective actions. Although the regulations do not itemise the return’s content, the Minister may require specific information as to form and contents (r 10(1)(b)).

10. Monitor fee notices and Ministerial communications

    • Because fee quantum and default penalties are tied to “fee notice” instruments under the Legislation (Fees) Act 2019 (r 10(5)), and because the Minister sets the due date by written notice (r 10(1)), actively monitor official publications and direct communications from the Minister or the accreditation body for changes to fee levels, due dates and reporting formats.

11. Plan for transitional and legacy issues if moving from the 2010 instrument

    • The 2022 regulations repeal the 2010 regulations (Schedule 1). If you were operating under the previous instrument, seek confirmation from the accreditation authority about how existing accreditation, approvals and audit cycles are migrated into the new framework, as the 2022 regulations contain no explicit transitional provisions.

12. Use pre‑emptive engagement with the accreditation body

    • Where possible, engage with the Minister or the accreditation body early: seek guidance on acceptable form and content of food safety arrangements, the Minister’s expectations for “capacity” under r 6, the process for approving auditors, and any available templates for annual returns. The regulations confer broad administrative discretion on the Minister, so early engagement can reduce uncertainty.

13. Prepare for enforcement outcomes and dispute handling

    • Given the possibility of unannounced audits and the Minister’s discretion concerning approvals and fees, establish internal escalation and legal review procedures to respond promptly to audit findings, to request reconsideration or to apply for fee relief if appropriate. Although the regulations themselves do not set out an appeal mechanism, following formal internal procedures and documenting interactions will be essential in any subsequent administrative review.

This checklist is entirely sourced from the text of the regulations (rr 3-11; Schedule 1). It identifies immediate operational steps: determine coverage, apply and prove capacity, pay the pre‑grant fee, obtain Ministerial approval for the food safety arrangement, comply with Standard 4.2.6, be audit‑ready at all times and comply with annual fee and return requirements. The operational emphasis should be on documentary proof of capacity and food safety processes, financial planning for audit and fee costs, and proactive engagement with the Minister where discretion might be exercised.