The instrument revolves around a small set of interlocking legal concepts. The text gives each a precise regulatory meaning; operational compliance follows from those definitions.

• Seed sprouts and primary production of seed sprouts (regulation 3). Seed sprouts are defined as young seedlings intended for human consumption that may include all or part of the seed and are grown from a non-exhaustive list of example seeds, beans and peas (alfalfa, broccoli, clover, onion, radish, sunflower, mung beans, snow peas and other similar seeds). Primary production activities are specified: decontamination using a controlled environment, soaking, germination/growth, harvest, washing, drying and packing (regulation 3). The regulation also declares the primary production of seed sprouts a prescribed activity under section 5(1)(j) of the Primary Produce Safety Act 2011 (regulation 4), signalling that the activity sits within the Act’s definition of primary production activity.
• Horticulture produce business and horticulture producer (regulation 3). A horticulture produce business is a primary produce business (or proposed business) that includes primary production of seed sprouts other than home horticulture production. An accredited horticulture producer is the proprietor of such a business who holds accreditation.
• Home horticulture production (regulation 3). Home horticulture production is a carve‑out for private or small-scale production or processing of seed sprouts, defined negatively: it is production that does not involve supply to a horticulture produce business, supply to a food business, supply at a market, or supply by retail or wholesale. If any of those supply pathways exist, the activity is not home horticulture production and will fall within the scheme.
• Accreditation and “appropriate arrangements” (regulations 10-11). Accreditation is required for proprietors of horticulture produce businesses. Applicants must have made, or propose and have the capacity to make, arrangements to comply with the Act and this scheme (regulation 11). The regulation uses this requirement as the administrative threshold for granting accreditation.
• Food safety program and approved program (regulations 6, 9, 13). Accredited producers must prepare and implement a food safety program for each accredited seed-sprout activity (regulation 13). The program must comply with Standard 4.2.6 of the Food Standards Code (regulation 9(1)), and only approved programs (approved under the Act’s processes) are acceptable (regulation 6 definitions).
• Auditing (regulation 14). Approved seed sprouts food safety programs must be audited by an approved seed sprouts food safety auditor. Audit frequency is set by the Chief Inspector by written notice, or, failing that, at least once every 12 months (regulation 14).
• Register of accreditation (regulation 12). The Chief Inspector must keep a public register of accreditations with specified particulars. The register is inspectable and extracts may be provided for a fee up to 50 fee units.
• Offences and strict liability (regulation 15). The central criminal provision makes it an offence to supply seed sprouts that have not been lawfully produced for human consumption. The regulation defines “lawfully produced” to include lawfully imported produce and, for produce produced in Australia, compliance with the Act if produced in Tasmania, or with corresponding laws if produced in other States or Territories. The offence is strict liability (regulation 15(3)).
• Fees and exemptions (regulations 17-18; Schedule 2). Fees for accreditation applications, variations, transfers and annual accreditation are specified in Schedule 2. Annual fees are tied to the maximum number of full-time horticulture produce handlers, with three bands (fewer than 5; 5-50; more than 50) (Schedule 2 item 4). The Chief Inspector may exempt persons or classes from fees in specific situations, including export compliant with Commonwealth law, being attached to a registered food business, Aboriginal traditional or cultural production, holding multiple scheme accreditations, carrying on a non-commercial horticulture produce business, or other exceptional circumstances (regulation 18(3)).
• Administrative enforcement instruments (regulation 16). The regulations nominate certain offences as eligible for infringement notices under s 53 of the Act; Schedule 1 prescribes the infringement amount for the relevant offence (regulation 16 and Schedule 1).

These concepts interlock: whether a person is within the scheme depends on how the definitions apply to their production and supply chains; accreditation, program approval, and audit frequency are interdependent regulatory controls; fees and registers create administrative transparency and cost, and the strict liability offence with prescribed fines creates a compliance risk.

The regulations identify a set of persons and entities that must comply and those who are given regulatory rights or possible exemptions.

• Proprietors of horticulture produce businesses engaged in the primary production of seed sprouts (accredited horticulture producers). Regulation 10 requires those proprietors to be accredited. They are directly affected by the main compliance duties: accreditation, preparation and implementation of approved food safety programs, audit obligations, fee payment and registration obligations.
• Horticulture producers more generally, including those proposing to engage in such activity. Regulation 8(2)(b) explicitly makes persons who propose to engage in primary production activities subject to the scheme’s compliance requirements. This extends the regulatory reach to planned operations and not only to ongoing businesses.
• Suppliers of seed sprouts. Regulation 8(2)(a) requires persons who supply primary produce comprised of seed sprouts to comply with the seed sprouts food safety scheme. Regulation 15 creates an offence and penalties for supplying seed sprouts that have not been lawfully produced.
• Food businesses and markets that receive seed sprouts indirectly fall within the regulatory perimeter because supply to a food business, a horticulture produce business, a market, retail or wholesale removes the home horticulture exemption and brings the producer inside the scheme (definition of home horticulture production, regulation 3).
• Full‑time horticulture produce handlers. The number of full-time handlers (38 hours/week per person, regulation 3) determines the annual fee band for accredited producers (Schedule 2 item 4). Employers must track this to estimate and budget for annual fees.
• The Chief Inspector. The regulations confer decision-making duties and discretions on the Chief Inspector: to establish and maintain the public register (regulation 12), to notify audit intervals (regulation 14(1)(a)), to determine reasonable fees for extracts up to 50 fee units (regulation 12(4)), and to grant fee exemptions in specified categories or exceptional cases (regulation 18(3)).
• Approved seed sprouts food safety auditors and programs. Approval is by reference to Part 11 of the Act (regulation 6), so persons who operate as auditors or seek program approval are affected by the accreditation and auditing cycles set out here.
• Aboriginal persons and small or non-commercial producers. Regulation 18(3)(c) and (e) allow the Chief Inspector to exempt Aboriginal persons engaging in primary production of traditional or cultural significance and producers operating primarily for charitable, educational or other non-commercial purposes. These groups are identified as potential recipients of fee relief.
• Exporters and importers. Regulation 18(3)(a) allows fee exemption where the horticulture produce business exports seed sprouts in accordance with Commonwealth law. Regulation 15(2)(a) treats lawfully imported seed sprouts as lawfully produced for the purposes of the criminal offence, making importers and those who source imported seed sprouts relevant actors.

Who pays and who decides: accredited proprietors and suppliers pay application and annual fees set in Schedule 2 and may pay fees for extracts. The Chief Inspector decides on accreditation registers, audit notification intervals, fee exemptions and reasonable fees for register copies. Courts or administrative bodies will determine matters of criminal and civil enforcement where offences are prosecuted or administrative decisions are reviewed; the text itself does not create judicial processes beyond the offence provisions and references to the Act’s enforcement framework.

This section summarises the concrete positive duties imposed by the regulations and the rights or discretions they confer.

Key duties

• Accreditation: The proprietor of any horticulture produce business involved in primary production of seed sprouts must be accredited under the scheme (regulation 10). The accreditation process requires applicants to have made or to propose and be capable of making appropriate arrangements to comply with the Act and the scheme (regulation 11). Schedule 2 prescribes application fees (item 1: 350 fee units) and fees for variation and transfer (items 2-3).
• Food safety programs: Accredited horticulture producers must prepare and implement a food safety program in respect of each activity involving seed sprouts for which they are accredited (regulation 13). The program must comply with Standard 4.2.6 of the Food Standards Code (regulation 9(1)), and only approved programs are acceptable (regulation 6).
• Audits: Approved seed sprouts food safety programs must be audited by an approved seed sprouts food safety auditor (regulation 14). Audit frequency: the Chief Inspector may determine and notify intervals for particular programs or programs generally; if no interval is notified, audit must occur at least once every 12 months (regulation 14(1)(a)-(b)). The Chief Inspector’s notifications must be in writing to the accredited producer (regulation 14(2)).
• Register obligations: The Chief Inspector must maintain a public register of persons holding accreditation under the scheme (regulation 12(1)). The register must include particulars on grant, conditions, variation or revocation of conditions, suspension, cancellation, surrender and transfer of accreditations (regulation 12(2)). Persons may inspect the register free of charge during normal business hours on written request; extracts or copies may be obtained for a reasonable fee not exceeding 50 fee units (regulation 12(3)-(4)).
• Fees and returns: Accredited producers must pay the prescribed annual fee for the accreditation period (regulation 17), with the period defined as the 12 months ending on 30 June and payment and returns due on 1 July (regulation 17(a)-(b)). Annual fees are scaled by maximum full-time handler numbers (Schedule 2 item 4). The Act’s section 16 (as referenced) provides the power for fees and returns; these regulations specify the period and amounts.
• Lawful production and supply: Persons must not supply seed sprouts that have not been lawfully produced for human consumption (regulation 15(1)). Lawful production is defined to include lawfully imported seed sprouts and, for domestic production, production in Tasmania in accordance with the Act or elsewhere in Australia in accordance with any applicable corresponding law (regulation 15(2)).

Key rights and discretions

• Right to inspect the register: Any person may inspect the accreditation register free of charge on written request (regulation 12(3)). The Chief Inspector can charge for extracts or copies but the fee is capped (regulation 12(4)).
• Exemptions from fees: The Chief Inspector may exempt a person or class from all or part of a fee in specified circumstances (export under Commonwealth law, attached food business registered under Food Act 2003, Aboriginal person in traditional/cultural production, multiple scheme accreditations, non-commercial operation) or in exceptional circumstances where it is just and equitable (regulation 18(3)). This is a discretionary administrative power.
• Audit interval discretion: The Chief Inspector decides audit intervals and notifies accredited producers in writing; absent notification, audits must be at least annual (regulation 14(1)(a)-(b), 14(2)). This gives the Chief Inspector the ability to increase or reduce audit frequency for particular programs or classes of programs.
• Fee structure transparency and caps: Fees are prescribed in Schedule 2; fees are specified as exclusive of GST unless otherwise stated (regulation 18(2)). The schedule sets discrete amounts for application, variation, transfer and annual fees (Schedule 2 items 1-4), and a penalty for default (item 5). The presence of specified fee amounts provides predictability for budgeting.

Operationally, the regulations convert definitional thresholds into duties (must be accredited, must have approved programs, must submit to auditing, must pay specified fees) and vest threshold discretions and administrative enforcement roles in the Chief Inspector. Providers and suppliers of seed sprouts must adjust internal compliance systems and record-keeping to meet accreditation, audit, program and fee obligations, and to demonstrate that supply is “lawful” under regulation 15(2).

The instruments create criminal offences, a strict liability regime, infringement notice eligibility, specified penalty amounts, and fee penalties. The enforcement mechanics in the regulations tie into the enforcement powers of the Primary Produce Safety Act 2011 by explicit cross-reference.

Criminal offences and strict liability

• Regulation 15 establishes a criminal offence: a person must not supply seed sprouts that have not been lawfully produced for human consumption (regulation 15(1)). The regulation prescribes maximum fines for supplying unlawfully produced seed sprouts: for a body corporate, a fine not exceeding 250 penalty units and, for continuing offences, a further fine not exceeding 20 penalty units for each day the offence continues; for an individual, a fine not exceeding 50 penalty units and, for continuing offences, a further fine not exceeding 5 penalty units for each day the offence continues (regulation 15(1)(a)-(b)). Regulation 15(3) categorises the offence as one of strict liability.
• Regulation 15(2) defines what counts as “lawfully produced” for the offence. Lawful production includes seed sprouts lawfully imported into Australia and, for seed sprouts produced or processed within Australia, production or processing carried out in Tasmania in accordance with the Act or in other jurisdictions in accordance with any applicable corresponding law (regulation 15(2)(a)-(b)). This shifts compliance onto suppliers to show provenance and regulatory compliance in domestic or out-of-state production chains.

Infringement notices and administrative penalties

• Regulation 16 prescribes that certain offences may be dealt with by infringement notice under section 53 of the Act. Schedule 1 lists the relevant infringement notice offences and the corresponding penalty units for individuals and bodies corporate. Schedule 1 lists Regulation 15 as an offence for which an infringement notice may be served, with the infringement penalty set at 5 penalty units for individuals and 10 penalty units for bodies corporate (Schedule 1).
• Administrative fees include a penalty for default in respect of an accredited horticulture producer (Schedule 2 item 5: 75 fee units). Discrete fees and their timings are set by regulation 17 and Schedule 2, and late payment penalties are prescribed.

Administrative enforcement tools

• The Chief Inspector exercises administrative powers central to enforcement: maintaining the public register of accreditations (regulation 12), notifying audit intervals and requiring audits (regulation 14), determining reasonable fees for register extracts (regulation 12(4)), and granting fee exemptions in specified or exceptional circumstances (regulation 18(3)). These administrative tools support regulatory oversight, evidence gathering and transparency.
• Auditing under regulation 14 requires accredited food safety programs to be audited by an approved seed sprouts food safety auditor. The auditor's role is an enforcement adjunct: audit outcomes will inform compliance assessments and may feed into administrative action under the Act. Approval of auditors and food safety programs is tied to the Act’s Part 11 (regulation 6), indicating further procedural requirements exist in the Act for auditors and program approval.

Interaction with the Act’s enforcement framework

• Regulation 16 expressly connects the infringement notice regime to section 53 of the Primary Produce Safety Act 2011, and regulation 17 operates under section 16 of the Act for fees and returns. The regulations therefore rely on the Act’s broader enforcement provisions, including prosecution pathways, powers of inspectors and administrative review processes that reside in the Act rather than these regulations.

Practical enforcement implications

• Because regulation 15 is strict liability, a supplier may be convicted without proof of mental fault regarding whether the produce was lawfully produced; the onus shifts onto the accused to establish or raise evidence about lawful production (regulation 15(3)). Suppliers and accredited producers will therefore need documentary proof of lawful production or import compliance and, where relevant, evidence of corresponding law compliance for interstate production (regulation 15(2)).
• The existence of a specific infringement penalty (Schedule 1) provides an administrative pathway for enforcement with lower quantum (5-10 penalty units) than the maximum court fines for the criminal offence, giving enforcement agencies a choice of summary infringement or prosecution depending on circumstances.

Overall, the regulations layer civil‑administrative instruments (register, fees, audits, infringement notices) with a criminal strict-liability offence for supplying unlawfully produced seed sprouts, and delegate key operational enforcement powers to the Chief Inspector within the Act’s enforcement architecture.

The regulations are integrative: they operate within the Primary Produce Safety Act 2011’s framework and reference other statutory regimes and standards. The instrument itself names the cross-connections it relies on.

Interaction with the Primary Produce Safety Act 2011

• The regulations are made under, and repeatedly reference, the Act. They designate primary production of seed sprouts as a prescribed activity under the Act’s definition (regulation 4). They make use of the Act’s accreditation, auditing and enforcement structures,accreditation is required under the Act and application, variation and transfer processes are governed by the Act’s sections (regulation 11 refers to the requirement for accreditation under the scheme; Schedule 2 lists application fees under specified sections of the Act). Regulation 16 expressly invokes section 53 of the Act for infringement notices. Regulation 17 operates under section 16 of the Act for fees and returns.
• Approval of seed sprouts food safety auditors and approved food safety programs is to be performed under Part 11 of the Act (regulation 6). This links operational controls (who may audit and what is an approved program) directly to the Act’s Part 11 administrative processes.

Interaction with the Food Standards Code and Food Act 2003

• Compliance with Standard 4.2.6 - Primary Production and Processing Standard for Seed Sprouts in the Food Standards Code is mandated for persons required to comply with the seed sprouts food safety scheme (regulation 9(1)). The regulation states that this is in addition to other food safety scheme or standard obligations (regulation 9(2)).
• The definition of “food business” in these regulations is the same as in the Food Act 2003 (regulation 3 cross‑reference). Regulation 18(3)(b) contemplates fee exemption where the horticulture produce business forms part of, or is attached to, a food business registered under the Food Act 2003 carried on at the same premises.

Interstate and Commonwealth law interactions

• Regulation 15(2)(b)(ii) recognises that seed sprouts produced or processed in an Australian State or Territory other than Tasmania are lawfully produced if carried out in accordance with any applicable corresponding law of that State or Territory. This recognises and gives legal effect to equivalent regulatory regimes elsewhere, and avoids duplicative criminal exposure for produce lawfully produced in jurisdictions with corresponding laws.
• Regulation 18(3)(a) allows fee exemption where the horticulture produce business is engaged in export of seed sprouts to another country in accordance with a law of the Commonwealth. That carves out export-driven activities from some state-level fees when Commonwealth export law applies.
• The regulations adopt statutory definitions from other Tasmanian Acts (for example, Aboriginal person has the same meaning as in the Aboriginal Lands Act 1995, regulation 18(1)) and reference Commonwealth GST law for fee GST treatment (regulation 18(1) and 18(2)).

Interaction with other Tasmanian Acts listed for accreditation assessment

• Regulation 5 prescribes several Acts that the Chief Inspector may take into account for accreditation assessments under section 14(3)(a)(iii) of the Act. The list includes agricultural chemicals control Acts, biosecurity, public health, environmental management, animal health and welfare, plant quarantine, seeds, vermin control and weed management Acts. This means a person’s compliance or offences under those specified Acts may be relevant in accreditation decisions.

Rescission of prior regulations

• Regulation 19 and Schedule 3 rescind the Primary Produce Safety (Seed Sprouts) Regulations 2014. This is a direct transition of seed-sprout regulatory detail from the 2014 instrument to the 2023 regulations.

Practical consequences

• Businesses must align their food safety programs to the Food Standards Code Standard 4.2.6 and any applicable corresponding laws if operating interstate (regulation 9(1); regulation 15(2)(b)(ii)). Accreditation and auditor approvals are governed by the Act’s processes, so compliance requires attention both to these regulations and to the Act’s Part 11 administrative requirements (regulation 6).
• The Chief Inspector’s discretion to exempt fees in cases involving Commonwealth export law, registered food businesses, Aboriginal cultural production or exceptional circumstances (regulation 18(3)) requires businesses to navigate both Commonwealth and State law in determining fee liabilities and possible relief.
• GST treatment is explicit: fees are, unless otherwise specified, exclusive of GST (regulation 18(2)).

In sum, the regulations do not operate in isolation; they embed seed‑sprout regulation within the Act’s accreditation and audit architecture, rely on the Food Standards Code for technical food safety requirements, and recognise interstate and Commonwealth legal regimes to reduce duplication or inconsistency.

The regulations themselves contain the relevant enactment and rescission information and effectively replace earlier seed-sprout regulations. The instrument provides a concise legislative history limited to the following points.

• Citation and commencement. The regulations are cited as the Primary Produce Safety (Horticulture Produce) Regulations 2023 (regulation 1) and they commence on the day their making is notified in the Gazette (regulation 2). The footer records notification in the Gazette on 29 November 2023.
• Rescission of 2014 regulations. Regulation 19 declares that the Primary Produce Safety (Seed Sprouts) Regulations 2014 (No. 26 of 2014) are rescinded, and Schedule 3 repeats that rescission (regulation 19; Schedule 3).
• No subsequent amendments appear within the instrument itself. The text identifies the instrument’s internal structure, the schedules with fee amounts and the rescission, but contains no internal amendment schedule or transitional provisions other than the rescission of the 2014 regulations.
• Administrative responsibility. The footnote indicates that these regulations are administered by the Department of Natural Resources and Environment Tasmania. That administrative ownership matters for future amendment because the responsible department will usually prepare or shepherd changes to fee bands, exemptions, auditing regimes or the register.

Practical implications of the amendment record

• The 2023 regulations are positioned as a successor instrument to the 2014 regulations; anyone dealing with seed-sprout compliance needs to treat the 2014 instrument as inoperative and consult the 2023 regulations for current requirements (regulation 19; Schedule 3).
• There are no transitional provisions within the regulations detailing how existing accreditations under the 2014 instrument are to be treated. The absence of explicit transitional clauses in the provided text means accredited producers should seek administrative guidance from the Chief Inspector about how existing accreditations, approved programs and auditor approvals under the 2014 rules are to be migrated or revalidated under the 2023 instrument.
• The commencement clause (regulation 2) ties legal effect to Gazettal rather than to a future date, so obligations (such as accreditation, program preparation, audit frequency determination and fee obligations) begin to have effect immediately on Gazettal subject to any administrative timelines the Chief Inspector establishes.

Because the regulations themselves are the primary source here, practitioners should monitor departmental communications and the Chief Inspector’s notices for administrative detail, transitional arrangements and future targeted amendments that will alter audit intervals, fee exemptions, approval processes for auditors and programs, and public register practices.

The regulation text contains no citations to cases or judicial decisions and does not record any litigation history. It therefore does not identify judicial construction, appeals, or precedent interpreting its provisions.

Implications of the absence of recorded litigation

• No judicially articulated interpretations of the regulations are contained in the instrument itself. Where the regulations raise ambiguous thresholds or operational questions,examples include the meaning and sufficiency of “appropriate arrangements” for accreditation (regulation 11), the scope of “lawfully produced” in cross-jurisdictional contexts (regulation 15(2)), or the boundaries of “home horticulture production” as a negative definition (regulation 3),there is no statutory interpretive guidance in the form of case law in the text.
• Enforcement provisions that invite legal contest,strict liability for supplying unlawfully produced seed sprouts (regulation 15(3)), the adequacy of documentary proof of lawful production or importation (regulation 15(2)(a)), and the Chief Inspector’s exercise of discretions on audit intervals and fee exemptions (regulations 14 and 18),have not been the subject of reported decisions in the instrument. That leaves potential for future disputes on procedural fairness, evidentiary sufficiency, or administrative law review regarding the Chief Inspector’s exercise of discretion.
• The regulations cross-reference the Act for auditor approvals and the Act’s Part 11. Any litigation about the approval of auditors or food safety programs may therefore involve interpretation of the Act as well as the regulations. The absence here of litigation history means that practitioners must be prepared to litigate or seek administrative review on issues of statutory construction if contentious enforcement or accreditation decisions arise.

Areas where disputes are likely to surface

Based on the regulatory text, likely contested issues would include:

• The threshold for “appropriate arrangements” the applicant must have made or be capable of making (regulation 11). Administrative decisions granting or refusing accreditation on evidence of capacity are candidates for review.
• The meaning and scope of “lawfully produced” in cross-border contexts, and the documentary proof required to demonstrate that produce manufactured in other States or Territories complies with “corresponding law” (regulation 15(2)(b)(ii)). Questions may arise whether a given out-of-state regulatory regime qualifies as a corresponding law and whether interstate produce meets the standard.
• The boundaries of home horticulture production. Because that term is defined negatively by reference to supply pathways, factual disputes about whether a small producer supplied at a market or to a food business will determine whether the activity is regulated (regulation 3).
• The exercise of discretion by the Chief Inspector about audit intervals (regulation 14) and fee exemptions (regulation 18). Administrative law challenges could focus on whether decisions were made within power, were procedurally fair, or were unreasonable.

Because the instrument contains no litigation record, practitioners should expect initial ambiguity in the application of several of its terms and prepare for administrative decision-making pathways and possible judicial challenges. Until case law develops, guidance from the Chief Inspector and departmental policy statements will be central for operational interpretation.

This regulation contains several provisions where small factual differences or administrative assumptions produce materially different regulatory outcomes. The following are practical pitfalls to watch for, each grounded in the text.

1. Home horticulture production is a narrow negative carve-out (regulation 3). If a person supplies seed sprouts to any of the listed recipients,supply to a horticulture produce business, to a food business, at a market, by retail, or wholesale,that activity ceases to be home horticulture production and the producer is within the scheme. Casual or sporadic sales can therefore trigger accreditation and audit obligations.
2. “Lawfully produced” is defined to include lawful importation and compliance with corresponding laws interstate (regulation 15(2)). If a supply chain includes imported sprouts or interstate product, suppliers must retain import documentation or clear evidence of compliance with corresponding laws, or face strict liability under regulation 15(3).
3. Strict liability for supply offences (regulation 15(3)). The offence does not require proof of fault about whether the sprouts were lawfully produced. Without fault as an element, a supplier may be liable even where they believed the produce came from compliant sources, unless they can point to evidence that rebuts or supplies a defence.
4. Infringement notice risk versus maximum court fines (regulation 16; Schedule 1; regulation 15). The infringement penalty for the offence is 5 penalty units for an individual and 10 for a corporation (Schedule 1), but a criminal prosecution can expose bodies corporate to penalties up to 250 penalty units and individuals up to 50 penalty units plus continuing daily fines. Enforcement agencies thus have discretion to issue an infringement notice or proceed to prosecution.
5. Fee bands tied to “maximum number” of full-time horticulture produce handlers (Schedule 2 item 4; regulation 3). The annual fee depends on the maximum number of full-time handlers (38 hours/week) engaged at any point during the prior 12 months. Employers need accurate payroll and engagement records and must calculate the maximum during the period to determine fee liability.
6. Registry extract fees are capped but not zero (regulation 12(3)-(4)). Inspection of the register is free, but extracts or copies can attract a reasonable fee set by the Chief Inspector not exceeding 50 fee units. Users seeking records should budget for potential costs and allow for administrative processing.
7. Fee exemptions are discretionary and limited (regulation 18(3)). The Chief Inspector can exempt specific circumstances such as export, being attached to a registered food business, Aboriginal cultural production, holding multiple accreditations, non-commercial operations, or exceptional situations. Exemption is not automatic; applicants must satisfy the Chief Inspector that conditions apply.
8. Audit intervals are centrally controlled (regulation 14(1)(a)-(b)). The Chief Inspector may set different audit frequencies for particular programs or producers; absent notification, audit is at least annual. Producers should therefore expect variable audit schedules and should not assume annual audits only.
9. Application fee and program-variation fees (Schedule 2 items 1-3). Application for accreditation has a substantive fee (350 fee units). Variations that involve approval or variation of an approved program attract higher variation fees (300 fee units) than variations that do not involve program approval (250 fee units). Budget accordingly when planning program changes.
10. No explicit transitional arrangements in the text (regulation 19; Schedule 3). The rescission of the 2014 regulations is stated, but the instrument does not set out transitional arrangements for existing accreditations or approved programs. Without departmental guidance, holders of accreditation under the old instrument should seek clarification, as the administrative practice will determine whether reapplication or reapproval is required.
11. Export carve-out applies only to fee exemption, not necessarily to criminal exposure (regulation 18(3)(a)). The exemption in regulation 18(3)(a) addresses fee liability for exporters who export in accordance with Commonwealth law. It does not by its terms alter the offence provision in regulation 15 or appraise criminal liability for supplying unlawfully produced seed sprouts within Australia.
12. “Seed” is defined as used in production of seed sprouts (regulation 3(2)). For supply chains involving partly processed sprouts that include seed material, the scope of the regulated product may include the seed component, so packaging and labelling or processing steps that leave parts of seed in the product may affect the classification.

These are operational traps where a mistaken factual assessment, inadequate records, or failure to obtain approvals may convert an otherwise small enterprise into a regulated business subject to accreditation, audits and potential enforcement.

Below are actionable steps and documentation priorities for an operator, compliance officer or advisor faced with the need to comply with the seed sprouts scheme. Each step references the regulation source.

1. Scope assessment: Determine whether your activities fall within the scheme. Use the regulation 3 definitions to test whether you produce “seed sprouts” as defined and whether your activities are primary production activities (decontamination using a controlled environment, soaking, germination/growth, harvest, washing, drying, packing). If you supply seed sprouts to a horticulture produce business, a food business, at a market, by retail or wholesale, you are not “home horticulture production” and the scheme applies (regulation 3; regulation 8(1)-(2)). Document conclusions in a formal compliance note.
2. Accreditation planning: If the scheme applies, prepare to apply for accreditation under the Act. The application fee for accreditation is 350 fee units (Schedule 2 item 1). Ensure the applicant has either made appropriate arrangements to comply with the Act and the scheme, or can demonstrate capacity to make such arrangements before accreditation commences (regulation 11). Assemble documentary evidence (business plans, facility layouts, sanitation and training records, supply contracts, insurance, and management systems) to show “appropriate arrangements”.
3. Prepare an approved food safety program: Draft and adopt a food safety program for each activity that will be accredited, ensuring it satisfies Standard 4.2.6 - Primary Production and Processing Standard for Seed Sprouts in the Food Standards Code (regulation 9(1); regulation 6 definition of approved program). Identify whether program approval will be a variation subject to the higher variation fee (Schedule 2 item 2(b)-(c), 300 fee units).
4. Auditor engagement: Engage an approved seed sprouts food safety auditor as required under regulation 14. Audit frequency may be set by the Chief Inspector; if no notification arrives, schedule at least annual audits (regulation 14(1)-(2)). Confirm the auditor’s approval under Part 11 of the Act (regulation 6).
5. Record-keeping and proof of lawful production: Maintain robust records to demonstrate lawful production or lawful importation. Regulation 15 treats supply of non‑lawfully produced seed sprouts as an offence and treats imported produce as lawful only if lawfully imported (regulation 15(2)(a)-(b)). Retain bills of lading, import permits, certificates of origin, processing records, water supply test results, sanitation logs, seed supplier declarations and any interstate compliance certifications that evidence production in accordance with corresponding laws.
6. Employee and handler calculations: Track the maximum number of full-time horticulture produce handlers engaged at any point during the preceding 12 months; the annual fee band is determined on that figure (Schedule 2 item 4). A full-time horticulture produce handler is defined as a person who directly engages in primary production of seed sprouts for 38 hours in a week (regulation 3).
7. Fee payment and returns: Budget for payment of the annual fee by 1 July for the 12‑month period ending 30 June (regulation 17(a)-(b)). Annual fee amounts are set by the staff count bands in Schedule 2 item 4 (175, 350 or 750 fee units). Include the penalty for default (Schedule 2 item 5: 75 fee units) in contingency planning.
8. Register and public disclosure: Expect your accreditation data to be recorded on a public register maintained by the Chief Inspector (regulation 12(1)-(2)). Ensure that particulars that will appear (conditions, variations, suspensions, cancellations, surrenders, transfers) are suitable for public exposure. If you need copies or extracts of the register, submit a written request and budget for a reasonable fee up to 50 fee units (regulation 12(3)-(4)).
9. Consider exemptions where applicable: If your operations export under Commonwealth law, form part of a registered food business on the same premises, are Aboriginal traditional or cultural production, hold multiple accreditations, are primarily non-commercial, or are exceptional, consider applying to the Chief Inspector for a fee exemption (regulation 18(3)). Prepare supporting documentation for the exemption application.
10. Supplier and purchaser contracts: Contractual clauses should impose on suppliers obligations to represent and warrant lawful production and to provide supporting documentation. Contracts with purchasers should allocate responsibility for compliance in supply chains, especially where imported or interstate produce is involved. Include audit and access rights to evidence.
11. Plan for audits and program variation: Where your food safety program will be new, be ready for audit approval and potential Chief Inspector notification on audit frequency. Where you plan to vary an approved program or add a new program to an accreditation, factor the variation fee (Schedule 2 items 2(b)-(c): 300 fee units).
12. Manage risks of strict liability: Because regulation 15(3) establishes strict liability for supply offences, do not rely solely on subjective belief. Implement objective, contemporaneous evidence of compliance at each critical control point: seed sourcing, decontamination records, environmental monitoring, staff training logs, packaging and labelling checks, traceability systems and invoices showing destination(s) of supply.
13. Seek administrative guidance on transitional issues: If you previously operated under the rescinded 2014 regulations, obtain written confirmation from the Chief Inspector or department about transitional expectations for accreditation, program reapproval, auditor reapproval, or ongoing compliance obligations following the 2023 rescission (regulation 19; Schedule 3).
14. Training and internal compliance governance: Provide staff training on the Food Standards Code Standard 4.2.6 requirements, evidence retention protocols for lawful production, and reporting obligations. Appoint a compliance owner or internal auditor to coordinate with the approved external auditor and to ensure audit readiness.
15. Legal and regulatory monitoring: Monitor Chief Inspector notices for audit interval changes (regulation 14), register policies, exemption guidance, and any departmental update to administrative processes. Also monitor the Act’s rules regarding auditor approval and program approval under Part 11 as those processes will affect who can audit your approved program (regulation 6).

By following these steps, operators can convert the regulatory text into an implementable compliance programme: confirm scope, secure accreditation, implement and have audited an approved food safety program, maintain records that demonstrate lawful production and import compliance, pay fees on time, and seek Chief Inspector discretion where appropriate.