Primary Produce Safety (Meat and Poultry) Regulations 2024
In ForceTAS
Jurisdiction
Tasmania
Act Number
87 of 2024
Collection
regulation
Plain English Summary
6/10 complexity
These regulations establish a meat and poultry food‑safety scheme that requires most meat and poultry producers and processors to obtain accreditation, prepare and implement approved food‑safety programs, undergo periodic audits, and pay prescribed fees. They set technical standards to follow and create offences (including strict‑liability for supplying unlawfully produced meat). Limited exemptions apply for non‑commercial "homekill" activity and the Chief Inspector may grant fee relief (regs 7, 12–19, 9–11).
These regulations, cited as the Primary Produce Safety (Meat and Poultry) Regulations 2024 (regulation 1), take effect on 31 December 2024 (regulation 2) and establish a discrete meat and poultry food safety scheme within the Primary Produce Safety Act 2011 framework (regulation 8). Mechanically, the instrument does the following.
Creates a statutory food safety scheme that applies to primary produce comprised, in whole or in part, of meat, meat product or poultry meat, and to primary production activities involving meat production, meat processing or poultry production (regulation 12(1)). It requires persons who supply such primary produce, or who engage in the relevant primary production activities, to comply with the scheme (regulation 12(2)).
Prescribes core definitions and threshold concepts that determine application and obligations, including accredited meat producer, accredited meat premises, meat processing business, meat production and poultry production (regulation 3). It introduces a narrow statutory definition of homekill processing and limits when homekill is outside accreditation (regulation 7).
Requires accreditation for proprietors of meat processing businesses and poultry production businesses, subject to enumerated exceptions (regulation 14). Accreditation is governed by the Act and these regulations and must be supported by appropriate arrangements or capacity to put arrangements in place to meet the scheme (regulation 15).
Compels accredited meat producers to prepare and implement a food safety program for each activity for which accreditation is held (regulation 17), and to have that program audited by an approved food safety auditor at intervals determined by the Chief Inspector or, absent notification, at least annually (regulation 18).
Current sections
Direct links to the current provisions in Primary Produce Safety (Meat and Poultry) Regulations 2024.
These regulations take effect on 31 December 2024.
3
Interpretation
3 Interpretation
In these regulations –
accredited meat premises means premises on which an accredited meat producer is authorised to carry on a meat processing business for the purposes of carrying out the primary production activities to which the accreditation relates;
accredited meat producer means the proprietor of a meat processing business, or a poultry production business, who is an accredited producer;
approved meat or meat product food safety program means a food safety program in respect of meat, meat product or poultry, whichever is relevant in the circumstances, that is an approved food safety program;
food business has the same meaning as in the Food Act 2003 ;
full-time meat handler means an individual who directly engages in meat processing –
(a) as an employee or agent of a meat processing business; and
(b) for 38 hours in a week;
game bird means a living bird in the wild;
homekill meat means meat or poultry meat that is produced –
(a) from an animal that has been lawfully slaughtered –
(i) by or on behalf of the owner of the animal; and
(ii) on premises –
(a) where the owner of the animal resides; or
(b) that have been approved, in writing, by the Chief Inspector; and
(iii) for human consumption on either of the premises referred to in subparagraph (ii) ; and
(iv) for a non-commercial purpose; or
(b) from game or a game bird that has been lawfully slaughtered –
meat and poultry food safety scheme – see regulation 8 ;
meat processing business means a primary produce business, or a proposed primary produce business, that consists, in whole or in part, of meat processing other than homekill processing;
meat producer means a producer who engages in, or is proposing to engage in –
(a) meat production; or
(b) meat processing; or
(c) poultry production;
meat production means –
(a) the rearing, management or transport of an abattoir animal intended for supply to a meat processing business for the purpose of producing meat or meat product from the abattoir animal; or
(b) the lawful slaughter of an animal in the wild for the purpose of producing meat, meat product or poultry meat from the animal;
poultry meat means meat or meat product produced from lawfully slaughtered poultry or a game bird, other than a ratite;
poultry production means the rearing, management or transport of live poultry, other than a ratite, intended for supply to a meat processing business for the purpose of producing poultry meat;
poultry production business means a primary produce business, or a proposed primary produce business, that consists, in whole or in part, of poultry production;
(a) a ratite that has been lawfully slaughtered for human consumption;
(b) any other animal that has been lawfully slaughtered for human consumption, other than game or a game bird that has been slaughtered in the wild.
5
Meaning of diseased
5 Meaning of diseased
For the purposes of the definition of diseased in the Act, a condition, state or abnormality is prescribed in respect of an animal if –
(a) the condition, state or abnormality is specified in a standard referred to in Schedule 2 ; and
(b) an animal would be unsuitable, under a standard referred to in that Schedule, for use in meat production if it were lawfully slaughtered while affected by the condition, state or abnormality.
(1) In these regulations, homekill processing means meat processing of, and for the purposes of, homekill meat for a non-commercial purpose.
(2) For the avoidance of doubt, homekill processing does not include the supply of homekill meat or meat product produced from homekill meat –
(a) for a commercial purpose; or
(b) to a meat processing business; or
(c) to a food business; or
(d) at a market; or
(e) by way of retail or wholesale.
8
Meat and poultry food safety scheme
8 Meat and poultry food safety scheme
(1) These regulations establish, in Part 2 , a food safety scheme in respect of meat, meat product and poultry meat.
(2) In any document, a reference to the meat and poultry food safety scheme is taken to be a reference to Part 2 of these regulations, as amended from time to time.
9
Periodic fees and return
9 Periodic fees and return
(1) For the purposes of section 16(1) of the Act, in relation to an accredited meat producer –
(a) the period prescribed is the period of 12 months ending on the last day of June in any calendar year; and
(b) the date prescribed is the 1 July immediately after the period prescribed under paragraph (a) ; and
(c) the fee prescribed is the relevant annual fee specified in item 4 of Schedule 1 .
(2) For the purposes of section 16(2) of the Act, the fee prescribed as a penalty for default by an accredited meat producer is the penalty for default specified in item 5 of Schedule 1 .
10
Fees generally
10 Fees generally
(1) In this regulation –
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.
(a) are, unless otherwise specified, exclusive of GST; and
(b) are prescribed as the fees payable in respect of the matters to which they relate.
(3) The Chief Inspector may exempt a person, or class of persons, from liability for all or part of a fee payable under the Act in one or more of the following circumstances:
(a) the meat processing business, or poultry production business, carried on by the person involves the export of meat to another country in accordance with a law of the Commonwealth;
(b) the meat processing business, or poultry production business, carried on by the person forms part of, or is attached to, a food business registered under the Food Act 2003 that is carried on by that person at the same premises as the meat processing business or poultry production business;
(c) the person is an Aboriginal person engaging in a primary production activity of traditional or cultural significance within the Tasmanian Aboriginal community;
(d) the person holds, or has applied for, accreditation under 2 or more food safety schemes;
(e) the meat processing business, or poultry production business, carried on by the person is carried on by the person primarily for a charitable, educational or other non-commercial purpose;
(f) the circumstances are exceptional circumstances in which it would be just and equitable to exempt the person from all or part of the fee.
11
Application for accreditation to take into account certain offences
11 Application for accreditation to take into account certain offences
The following Acts are prescribed Acts for the purposes of section 14(3)(a)(iii) of the Act:
Application of meat and poultry food safety scheme
12 Application of meat and poultry food safety scheme
(1) The meat and poultry food safety scheme applies to –
(a) all primary produce comprised, in whole or in part, of meat, meat product or poultry meat; and
(b) all primary production activities involving meat production, meat processing or poultry production, either alone or in combination.
(2) The following persons must comply with the meat and poultry food safety scheme:
(a) a person who supplies primary produce to which the meat and poultry food safety scheme applies;
(b) a person who engages in, or proposes to engage in, a primary production activity to which the meat and poultry food safety scheme applies.
13
Standard applying under meat and poultry food safety scheme
13 Standard applying under meat and poultry food safety scheme
(1) A person who is required to comply with the meat and poultry food safety scheme must, when performing a primary production activity set out in Schedule 2 , comply with the standards specified in Schedule 2 , as may be amended or substituted from time to time, in respect of that primary production activity.
(2) Subregulation (1) is in addition to, and does not remove or replace, a requirement within another food safety scheme or standard that applies to a person referred to in subregulation (1).
14
Requirement to be accredited
14 Requirement to be accredited
(1) In this regulation –
ready-to-eat meat means meat, meat product or poultry meat, intended for human consumption without further heating or cooking, that is –
(a) fermented meat that is cooked or uncooked; or
(b) pate; or
(c) dried meat; or
(d) slow-cured meat; or
(e) luncheon meat; or
(f) cooked muscle meat; or
(g) any other meat, meat product or poultry meat that is considered ready-to-eat meat under a standard that is specified in Schedule 2 .
(2) Subject to subregulation (3) , the proprietor of a meat processing business, or poultry production business, is required to be accredited under the meat and poultry food safety scheme.
(3) The proprietor of a meat processing business, or poultry production business, is not required to be accredited under subregulation (2) if the meat processing business, or poultry production business, is –
(a) only involved in –
(i) homekill processing; or
(ii) the growing, keeping or transporting of live poultry for the purpose of producing homekill meat or poultry meat that is not intended for sale or commercial use; or
(iii) the production or manufacturing of ready-to-eat meat for human consumption.
15
Requirement for accreditation
15 Requirement for accreditation
It is a requirement for accreditation under the meat and poultry food safety scheme that the applicant for the accreditation –
(a) has made appropriate arrangements to comply with the requirements of the Act and the meat and poultry food safety scheme; or
(b) proposes to make appropriate arrangements to comply with the requirements of the Act and the meat and poultry food safety scheme and has the capacity to make those arrangements before the accreditation is to commence.
16
Register of accreditation
16 Register of accreditation
(1) The Chief Inspector must establish a public register of the persons holding an accreditation under the meat and poultry food safety scheme.
(2) The register established under subregulation (1) is to contain the particulars in respect of the following relevant matters as they relate to an accreditation granted to a meat producer in relation to meat, meat product or poultry meat:
(a) granting of accreditations;
(b) conditions attached to accreditations;
(c) variation or revocation of a condition attached to an accreditation;
(d) suspension of accreditations;
(e) cancellation or revocation of accreditations;
(f) if such an accreditation is surrendered, the surrender of the accreditation;
(g) transfer of accreditations.
(3) The register established under subregulation (1) is to be available for inspection, without charge and during normal business hours, on a written request to the Chief Inspector.
(4) A person inspecting the register under subregulation (3) may, on payment of a reasonable fee determined by the Chief Inspector that does not exceed 50 fee units, do one or more of the following:
(a) obtain an extract of an entry in the register;
(b) obtain a copy of anything contained in the register.
17
Requirement to prepare and implement a food safety program
17 Requirement to prepare and implement a food safety program
An accredited meat producer must prepare and implement a food safety program in respect of each activity involving meat, meat product or poultry meat for which the accredited meat producer holds accreditation under the meat and poultry food safety scheme.
18
Auditing requirements
18 Auditing requirements
(1) In this regulation –
relevant food safety auditor means a food safety auditor approved under Part 11 of the Act to audit food safety programs in respect of meat processing or poultry production, whichever is relevant in the circumstances.
(2) An approved meat or meat product food safety program must be audited by the relevant food safety auditor –
(a) at intervals determined and notified by the Chief Inspector in respect of –
(i) the approved meat or meat product food safety program; or
(ii) approved meat or meat product food safety programs generally; or
(b) if no intervals are determined and notified under paragraph) (a) , at least once every 12 months.
(3) A notification by the Chief Inspector under subregulation (2)(a) is to be made in writing to the accredited meat producer of the approved meat or meat product food safety program.
Part 3
Offences
Part 3 Offences
19
Meat, meat product or poultry meat must be lawfully produced
19 Meat, meat product or poultry meat must be lawfully produced
(1) A person must not supply meat, meat product or poultry meat that has not been lawfully produced for human consumption.
Penalty: In the case of –
(a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; or
(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.
(2) For the purposes of this regulation, meat, meat product or poultry meat is taken to have been lawfully produced for human consumption if –
(a) in the case of meat, meat product or poultry meat that has been produced outside of Australia, it has been imported lawfully into Australia; and
(b) in the case of, and to the extent that, meat, meat product or poultry meat has been produced or processed, or both, within Australia, the production or processing, or both, has been carried out –
(i) if within Tasmania, in accordance with the requirements of the Act; or
(ii) if within a State or Territory of Australia other than the State of Tasmania, in accordance with any applicable corresponding law of that State or Territory.
(3) An offence against this regulation is an offence of strict liability.
(a) an offence specified in column 1 of the table in Schedule 3 is prescribed as an offence for which an infringement notice may be served; and
(b) a penalty specified in column 2 of the table in Schedule 3 is prescribed as the penalty for an individual for the corresponding offence specified in column 1 of the table; and
(c) a penalty specified in column 3 of the table in Schedule 3 is prescribed as the penalty for a body corporate for the corresponding offence specified in column 1 of the table.
| | | Fee units |
| 1. | Application under section 12 of the Act for accreditation of a meat producer | 350 |
| 2. | Application under section 18 of the Act for variation of accreditation of a meat producer – | |
| | (a) if the variation does not involve the approval or variation of an approved meat or meat product food safety program | 250 |
| | (b) if the variation involves the variation of an approved meat or meat product food safety program for the accreditation | 300 |
| | (c) if the variation involves the approval of a new approved meat or meat product food safety program for the accreditation that is in addition to, or in substitution for, an existing approved meat or meat product food safety program for the accreditation | 300 |
| 3. | Application under section 19 of the Act for transfer of accreditation of a meat producer | 300 |
| 4. | Annual fee for accredited meat producer whose maximum number of persons employed or engaged, by that producer at any point during the 12 months preceding the calculation of the fee, was equivalent to the following: | |
| | (a) fewer than 5 full-time meat handlers | 175 |
| | (b) 5-50 full-time meat handlers | 350 |
| | (c) more than 50 full-time meat handlers | 750 |
| 5. | Penalty for default in respect of an accredited meat producer | 75 |
SCHEDULE 2 - Applicable standa
SCHEDULE 2 - Applicable standards
SCHEDULE 2 - Applicable standa SCHEDULE 2 - Applicable standards
1. Meat production must comply with Standard 4.2.3 – Primary Production and Processing Standard for Meat in the Food Standards Code.
2. The operation of a meat processing business, or a poultry production business, in respect of poultry production and meat processing that involves poultry meat must comply with Standard 4.2.2 – Primary Production and Processing Standard for Poultry Meat in the Food Standards Code.
3. The operation of a meat processing business that involves meat processing must comply with the following standards:
(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2007);
(b) Australian Standard for Hygienic Production of Wild Game Meat for Human Consumption (AS 4464:2007);
(c) Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption (AS 4466:2007);
(d) Australian Standard for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption (AS5010:2001);
(e) Australian Standard for Hygienic Production of Natural Casings for Human Consumption (AS 5011:2001);
(f) Standard 4.2.3 – Primary Production and Processing Standard for Meat in the Food Standards Code.
4. The identification, processing and storage of any carcass of game, or a game bird, before its delivery to accredited meat premises must comply with Australian Standard for Hygienic Production of Wild Game Meat for Human Consumption (AS 4464:2007).
5. The transport of slaughtered game or a game bird from the place of slaughter to accredited meat premises must comply with Australian Standard for Hygienic Production of Wild Game Meat for Human Consumption (AS 4464:2007).
6. The transport of meat, meat product or poultry meat to, from or on accredited meat premises must comply with the following standards:
(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2007);
(b) Australian Standard for Hygienic Production of Natural Casings for Human Consumption (AS 5011:2001).
These regulations are administered in the Department of Natural Resources and Environment Tasmania.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the Primary Produce Safety (Meat and Poultry) Regulations 2024 .
2 Commencement
2 Commencement
These regulations take effect on 31 December 2024.
3 Interpretation
3 Interpretation
In these regulations –
accredited meat premises means premises on which an accredited meat producer is authorised to carry on a meat processing business for the purposes of carrying out the primary production activities to which the accreditation relates;
accredited meat producer means the proprietor of a meat processing business, or a poultry production business, who is an accredited producer;
Act means the Primary Produce Safety Act 2011 ;
approved meat or meat product food safety program means a food safety program in respect of meat, meat product or poultry, whichever is relevant in the circumstances, that is an approved food safety program;
food business has the same meaning as in the Food Act 2003 ;
full-time meat handler means an individual who directly engages in meat processing –
(a) as an employee or agent of a meat processing business; and
(b) for 38 hours in a week;
game bird means a living bird in the wild;
homekill meat means meat or poultry meat that is produced –
(a) from an animal that has been lawfully slaughtered –
Prescribes the standard or standards that apply under the meat and poultry food safety scheme: persons required to comply must meet the standards specified in Schedule 2 when performing activities listed there (regulation 13(1)); Schedule 2 references specific Food Standards Code provisions and Australian Standards (Schedule 2 items 1-6).
Creates and requires a public register of accreditations to be established and maintained by the Chief Inspector and prescribes the particulars to be recorded (regulation 16). The register is available for inspection without charge on written request (regulation 16(3)), with extracts and copies available for a fee up to 50 fee units (regulation 16(4)).
Sets out a periodic fee year and prescribed annual fee for accredited meat producers (regulation 9(1) and Schedule 1 item 4), prescribes a penalty-for-default fee (regulation 9(2) and Schedule 1 item 5) and sets out application and variation fees (Schedule 1 items 1-3). The regulations specify GST treatment for the listed fees (regulation 10(2)) and vest the Chief Inspector with power to exempt persons or classes from fees in stated circumstances (regulation 10(3)).
Creates an offence of supplying meat, meat product or poultry meat that has not been lawfully produced for human consumption, prescribes substantial court fines for corporations and individuals, and makes that offence one of strict liability (regulation 19). It also prescribes an infringement notice regime for that offence with smaller monetary penalties (regulation 20 and Schedule 3).
Prescribes a list of Acts that the Chief Inspector must take into account when considering accreditation applications (regulation 11), thereby placing certain prior statutory contraventions in the accreditation assessment context.
Collectively, the regulations operationalise an accreditation, auditing and standards compliance regime for meat and poultry primary produce. The Chief Inspector is the central administrative decision maker: the Chief Inspector determines audit intervals (regulation 18(2)), grants fee exemptions (regulation 10(3)), establishes the register (regulation 16(1)) and is responsible for notification obligations to accredited producers (regulation 18(3)). The scheme relies on external, technical documents listed in Schedule 2 (the Food Standards Code and Australian Standards), and on the audit function being carried out by auditors approved under Part 11 of the Act (regulation 18(1)).
Main concepts
The regulations introduce and rely on a set of defined concepts that determine scope, duties and exclusions. These definitions operate as legal thresholds; understanding them is central to applying the scheme.
Accredited meat producer and accredited meat premises (regulation 3). An accredited meat producer is the proprietor of a meat processing business or a poultry production business who is an accredited producer. Accredited meat premises are premises where an accredited meat producer is authorised to carry on a meat processing business for the activities to which the accreditation relates. These terms tie operational location, authorisation and personhood together: accreditation attaches to both the proprietor and the premises.
Meat production, meat processing and poultry production (regulation 3 and regulation 6). Meat production covers rearing, management or transport of animals intended for supply to a meat processing business, and lawful slaughter in the wild intended to produce meat or meat product (regulation 3). The production of meat from poultry or a game bird lawfully slaughtered in the wild is expressly prescribed as a meat processing activity (regulation 6). These definitions determine when the scheme applies to particular activities across farm, transport and processing stages.
Homekill processing and homekill meat (regulations 3 and 7). Homekill meat is meat produced by (a) lawful slaughter by or on behalf of the owner on premises where the owner resides (or premises approved in writing by the Chief Inspector), for human consumption on those premises and for a non-commercial purpose, or (b) game lawfully slaughtered in the wild for a non-commercial purpose (regulation 3). Homekill processing is processing of homekill meat for a non-commercial purpose and explicitly excludes supply for commercial purposes, supply to meat processing or food businesses, market sales and retail or wholesale (regulation 7). The scheme therefore treats non-commercial domestic slaughter and processing differently from commercial operations.
Ready-to-eat meat (regulation 14(1)). For accreditation purposes, ready-to-eat meat is defined broadly to include fermented, dried, slow-cured, luncheon, pate, cooked muscle meat, and any meat considered ready-to-eat under a Schedule 2 standard. This matters because registered food businesses that do not produce ready-to-eat meat may be exempt from accreditation (regulation 14(3)(b)(iii)).
Standards and external technical documents (regulation 13 and Schedule 2). The operative standards are specified in Schedule 2 and include the Food Standards Code (Standards 4.2.2 and 4.2.3) and multiple Australian Standards (AS 4696:2007; AS 4464:2007; AS 4466:2007; AS 5010:2001; AS 5011:2001). Regulation 13(1) requires persons to perform listed primary production activities in accordance with the standards set out in Schedule 2 and provides that Schedule 2 may be amended or substituted over time. Regulation 13(2) makes clear compliance with Schedule 2 is additional to, and does not remove, requirements in other food safety schemes.
Accreditation process and prerequisites (regulations 14-16 and 15). Accreditation is required for proprietors of meat processing or poultry production businesses unless they fall within particular exceptions (regulation 14). An applicant must have made or propose to make appropriate arrangements to comply with the Act and the meat and poultry food safety scheme and must have capacity to make those arrangements before accreditation commences (regulation 15). The Chief Inspector must maintain a public register that records granting, conditions, variations, suspensions and transfers of accreditations (regulation 16).
Auditing by relevant food safety auditors (regulation 18). Approved food safety programs must be audited by an approved food safety auditor (defined as one approved under Part 11 of the Act to audit in respect of meat processing or poultry production). The Chief Inspector determines audit intervals and must notify accredited producers in writing of any specified intervals (regulation 18(2)-(3)).
Fees, fee units and exemptions (regulation 9, regulation 10 and Schedule 1). The periodic fee year and payment date for accredited meat producers is set (12-month period ending on the last day of June; fee due 1 July; regulation 9(1)). Schedule 1 lists application fees, variation fees, transfer fees, annual fees tied to staff numbers (full-time meat handlers) and the penalty for default. Regulation 10 clarifies GST treatment of the Schedule 1 fees and gives the Chief Inspector power to exempt classes from fees in certain listed circumstances (regulation 10(3)).
Enforcement concept: lawful production and strict liability (regulation 19). The supply of meat that has not been lawfully produced for human consumption is a strict liability offence. Lawful production for imported product is satisfied if the product was lawfully imported (regulation 19(2)(a)) and for product produced or processed within Australia, if the production/processing complied with the Act or corresponding laws in other States or Territories (regulation 19(2)(b)).
Each of the above concepts operates as a switch controlling who must act, how they must act, and when administrative discretion applies. The regulations interlock technical standards, accreditation mechanics, auditing, and enforcement into a single scheme that extends from pre-slaughter production through to transport, processing and supply.
Who it affects
The regulations identify a set of actors who carry the principal duties and those who are directly affected by administration, compliance costs and enforcement.
Primary producers and processors. The primary and immediate class affected comprises proprietors of meat processing businesses and poultry production businesses. Regulation 14(2) makes accreditation mandatory for these proprietors, subject to the specific exemptions enumerated in regulation 14(3). Accredited meat producers are required to prepare and implement food safety programs for each accredited activity (regulation 17). The scheme therefore imposes regulatory compliance, administrative and audit costs on any proprietor engaged in commercial meat processing or poultry production within the Tasmanian ambit.
Suppliers of primary produce. Regulation 12(2)(a) requires persons who supply primary produce to which the scheme applies to comply with it. This extends the obligation beyond proprietors of processing premises to upstream suppliers of animals and products destined for processing or sale. For suppliers outside Tasmania, regulation 19(2)(b) recognises productions in other States and Territories where they comply with corresponding laws.
Food businesses and allied operators. Registered food businesses under the Food Act 2003 are in scope where their activities involve slaughter, poultry production, or production of ready-to-eat meat; those that do not undertake those activities fall within an express exemption in regulation 14(3)(b). Transport operators that move slaughtered game or meat to accredited premises or move meat to, from or on accredited premises are affected by the Australian Standards cited in Schedule 2 items 4-6.
Homekill producers and householders. The regulations define homekill meat and homekill processing narrowly and provide that homekill processing for a non-commercial purpose is not subject to accreditation (regulation 7 and regulation 14(3)(a)). However, homekill supply for commercial purposes or to meat processing businesses or food businesses brings the operation within the scheme (regulation 7(2)). Where owners slaughter animals at their place of residence and consume the meat non-commercially, the regulatory obligations are carved out, subject to conditions about premises and approval by the Chief Inspector for non-residential premises (regulation 3 definition of homekill meat).
Auditors and accreditation decision makers. Relevant food safety auditors approved under Part 11 of the Act carry the technical task of auditing approved food safety programs (regulation 18). The Chief Inspector, who establishes and manages the public register (regulation 16), sets audit intervals and may grant fee exemptions (regulations 16, 18, 10(3)). Entities or individuals seeking accreditation will interact with the Chief Inspector at application, variation, transfer and potential enforcement stages.
Exporters and Aboriginal producers. The Chief Inspector can exempt classes of persons from fees where their operations export meat under Commonwealth law (regulation 10(3)(a)). The Chief Inspector can also exempt Aboriginal persons engaging in primary production activities of traditional or cultural significance within the Tasmanian Aboriginal community (regulation 10(3)(c)). These are targeted administrative relief mechanisms but do not, on their face, remove accreditation or standards obligations unless explicitly provided by other law.
Consumers and the public interest. Although not addressees of regulatory duties, consumers are indirectly affected. Section 19 criminalises supply of unlawfully produced meat; Schedule 2 standards and auditing obligations are designed to reduce food-safety risk in the supply chain. The public register (regulation 16) gives consumers, businesses and authorities visibility on accredited producers.
Who pays and who decides. Monetary costs fall primarily on accredited meat producers: application and variation fees (Schedule 1 items 1-3), an annual fee dependent on full-time meat handler numbers (Schedule 1 item 4), possible penalty-for-default (Schedule 1 item 5) and potential costs associated with meeting standards and audits. The Chief Inspector is the principal decision maker for accreditation administration, audit interval determination, fee exemptions, register maintenance and notifications (regulations 10, 16, 18). Auditors approved under the Act decide whether a food safety program meets required standards in the course of audits (regulation 18).
Finally, the scheme reaches across sectors and jurisdictions: imported products are only lawfully supplied if they have been lawfully imported into Australia (regulation 19(2)(a)); production within other States or Territories is acknowledged where it complies with corresponding law (regulation 19(2)(b)). That cross‑recognition matters for interstate suppliers and for chains that source outside Tasmania.
Key duties and rights
The instrument sets out a series of affirmative duties for accredited producers and connected actors and confers certain administrative rights and discretions. Below are the principal duties, the administrative rights that respond to them, and the decision‑maker powers that shape compliance.
Principal duties
Accreditation. Proprietors of meat processing and poultry production businesses must obtain accreditation under the meat and poultry food safety scheme unless they fall within the exemptions in regulation 14(3). The regulation (14(2)) makes accreditation the baseline legal condition for commercial meat processing and poultry production.
Food safety programs. An accredited meat producer must prepare and implement a food safety program in respect of each accredited activity (regulation 17). The program must be an approved food safety program if it is to constitute an approved meat or meat product food safety program (definition in regulation 3) and must be audited per regulation 18.
Compliance with standards. Persons subject to the scheme must, when performing a primary production activity listed in Schedule 2, comply with the standards specified in Schedule 2 (regulation 13(1)). These include both Food Standards Code provisions and cited Australian Standards. Regulation 13(2) confirms these obligations are cumulative with other food safety schemes.
Auditing. Approved meat or meat product food safety programs must be audited by a relevant food safety auditor at intervals determined by the Chief Inspector, or at least annually if no interval is notified (regulation 18(2)). The Chief Inspector must notify accredited producers in writing where regulated intervals are set (regulation 18(3)).
Fees and returns. Accredited meat producers are subject to an annual periodic fee year (12 months ending on last day of June) and the annual fee falls due on 1 July immediately after that period (regulation 9(1)). Schedule 1 sets the application, variation, transfer and annual fees, expressed in fee units, and a penalty-for-default amount (Schedule 1 items 1-5; regulation 9(2)).
Lawful production standard for supply. Any person supplying meat, meat product or poultry meat must supply only product lawfully produced for human consumption (regulation 19(1)). For imported product, lawful importation is the touchstone (regulation 19(2)(a)); for Australian-produced product, compliance with the Act or corresponding laws in other States/Territories is the standard (regulation 19(2)(b)).
Administrative rights and discretions
Registry rights. The Chief Inspector must establish a public register recording key accreditation events and conditions (regulation 16(1)-(2)). Any person may inspect the register without charge on written request during normal business hours (regulation 16(3)). Extracts and copies may be obtained for a fee up to 50 fee units (regulation 16(4)).
Fee exemptions. The Chief Inspector may exempt persons or classes from liability for all or part of a fee in specific, enumerated circumstances, including exporters operating under Commonwealth law, businesses that form part of a registered food business at the same premises, Aboriginal persons in traditional or cultural activities, holders or applicants for multiple accreditations, entities operating for charitable or educational non-commercial purposes, or in exceptional circumstances where it is just and equitable (regulation 10(3)). That power does not, on its face, relieve a person from duties to be accredited; it only addresses liability for fees.
Audit interval determination and notification. The Chief Inspector decides whether approved food safety programs will be audited at particular intervals and must notify affected accredited producers in writing where intervals are specified (regulation 18(2)-(3)). The determination of intervals is thus an administrative lever that can alter audit frequency and therefore auditing costs and compliance schedules.
Consideration of prior offences. The Act-prescribed list of statutes at regulation 11 is to be applied when considering an application for accreditation under section 14(3)(a)(iii) of the Act. Those Acts include Animal Health Act 1995, Animal Welfare Act 1993, Biosecurity Act 2019 and others. The Chief Inspector therefore has a statutory basis to take into account prior conduct under those statutes in accreditation decision-making.
Decision-making and enforcement interface
Auditors, approved under Part 11 of the Act, conduct the audits of approved programs (regulation 18(1)). Their audit findings will inform administrative consequences under the Act, including possible suspension, revocation or variation of accreditation. The register is the public record of such decisions (regulation 16(2)).
Enforcement includes a criminal offence for supplying unlawfully produced meat, with significant fines for corporate bodies and individuals (regulation 19(1)), and an infringement notice regime for that offence with lower monetary penalties (regulation 20 and Schedule 3). Regulation 19(3) makes that offence one of strict liability; the prosecution does not need to prove fault beyond the prescribed act of supply.
Operational implications of duties and rights
Accredited producers pay and answer for multiple discrete costs: initial application, program preparation and approval, auditing costs, annual fees tiered by number of full-time meat handlers (Schedule 1 item 4), potential default penalties (Schedule 1 item 5) and possible variation/transfer fees (Schedule 1 items 2-3).
The Chief Inspector’s discretions,fee exemptions, audit intervals, register management,directly shape compliance costs and administrative uncertainty. Accredited producers have rights to be notified in writing of audit intervals (regulation 18(3)) and to inspect the public register (regulation 16(3)), which supports transparency in accreditation status.
The strict liability offence of supplying unlawfully produced meat (regulation 19) imposes a legal risk on suppliers that is not dependent on demonstrable culpable mental state. This reallocates evidentiary burden considerations and raises the importance of documentary proof of lawful production, importation or compliance with corresponding laws.
Penalties and enforcement
The regulations specify criminal penalties, an infringement notice regime and administrative penalties via fees and defaults. They also vest enforcement-relevant administrative functions in the Chief Inspector and in auditors approved under the Act.
Criminal penalties
The primary offence is in regulation 19(1): a person must not supply meat, meat product or poultry meat that has not been lawfully produced for human consumption. The prescribed penalties are substantial: for a body corporate, a fine not exceeding 250 penalty units and, for a continuing offence, a further fine not exceeding 20 penalty units per day; for an individual, a fine not exceeding 50 penalty units with a further 5 penalty units per day for continuing offences (regulation 19(1)(a)-(b)). Regulation 19(3) makes the offence one of strict liability.
The definition of lawful production is provided in regulation 19(2): imported products are lawful if imported lawfully into Australia (regulation 19(2)(a)); domestically produced or processed goods are lawful if produced in Tasmania in accordance with the Act or elsewhere in Australia in accordance with applicable corresponding law (regulation 19(2)(b)).
Infringement notice regime
Regulation 20 prescribes that offences listed in Schedule 3 are offences for which an infringement notice may be served under section 53 of the Act. Schedule 3 lists regulation 19(1) and prescribes an infringement penalty of 5 penalty units for an individual and 10 penalty units for a body corporate (Schedule 3). This creates a low-cost administrative disposal path for at least some instances of the criminal offence.
Administrative financial penalties and fees
Schedule 1 sets out a structure of fees payable for accreditation applications, variations, transfers, and an annual fee based on staff size measured as full-time meat handlers (Schedule 1 items 1-4). There is a prescribed penalty for default of 75 fee units (Schedule 1 item 5) and regulation 9(2) prescribes that as the penalty for default under section 16(2) of the Act. The fee units are not converted to dollars within the regulations; the applicable monetary value of a fee unit will be determined under the general fee/penalty unit legislation.
Administrative enforcement levers
Auditing: Approved food safety programs must be audited by a relevant food safety auditor at intervals determined by the Chief Inspector or, absent such determination, at least once every 12 months (regulation 18). Audit findings are the basis for administrative actions under the Act and for regulatory decisions recorded on the public register (regulation 16(2)).
Public register and transparency: The Chief Inspector maintains a register of accreditations and related events (granting, conditions, suspension, revocation, transfers) (regulation 16(1)-(2)). Public availability of the register supports external monitoring and commercial due diligence.
Chief Inspector discretion: The Chief Inspector can exempt persons or classes from all or part of fees under specified circumstances (regulation 10(3)), set audit intervals (regulation 18(2)) and notify accredited producers in writing of audit intervals (regulation 18(3)). Such discretions influence the operational cost and exposure of regulated persons.
Enforcement design features with compliance implications
Strict liability for the supply offence (regulation 19(3)) reduces the requirement for the prosecutor to establish fault and increases the evidentiary importance of documentary compliance by suppliers, such as provenance documentation, import records and proof of compliance with the Act or corresponding laws.
The presence of an infringement notice option for the same substantive conduct (regulation 20 and Schedule 3) provides enforcement flexibility: authorities may issue civil-style penalties in lieu of pursuing full criminal prosecution in appropriate cases. The monetary amounts under infringement notices (5 and 10 penalty units) are much smaller than the maximum court fines in regulation 19(1).
The interplay between audits, accreditation conditions and recorded actions on the public register creates a layered enforcement system in which administrative decisions, technical audit outcomes and criminal/infringement sanctions coexist.
Practical enforcement risks
Continuing offence fines (daily accruals) can compound quickly for corporations if an unlawful supply continues, although the registry and audit framework provide mechanisms to address non-compliance administratively before daily fines apply.
Fee enforcement via the penalty-for-default (Schedule 1 item 5 and regulation 9(2)) imposes a financial consequence distinct from criminal sanction. Exemptions for fees do not automatically exempt a person from substantive regulatory obligations unless otherwise provided by law.
The regulations do not set out procedural practices for prosecution, remediation or appeals; those processes will be governed by the Act and general administrative law principles and are therefore dependent on those instruments outside these regulations.
How it interacts with other laws
The regulations are intentionally drafted to sit inside a broader legal ecosystem. They reference, defer to and supplement external statutes and technical standards; they also create cross-jurisdictional recognition.
Primary statutory interaction
Primary Produce Safety Act 2011. These regulations operate under the Act, use defined terms from it, and implement scheme-specific requirements by reference to the Act. The regulations repeatedly refer to provisions of the Act (e.g. regulation 9 for periodic fees under section 16 of the Act; regulation 18 refers to auditors approved under Part 11 of the Act). Accreditation, auditing approvals and enforcement procedures will therefore interact with the Act’s broader administrative and enforcement architecture.
Food Act 2003. Regulation 3 defines “food business” with reference to the Food Act 2003, and regulation 14(3)(b) provides that proprietors of a food business registered under Part 7 of the Food Act 2003 are not required to be accredited under the meat and poultry scheme if they do not engage in specified activities. The interaction creates a carve-out for some food businesses while leaving others (those that slaughter, produce poultry, or produce ready-to-eat meat) within the meat and poultry scheme.
Standards and technical instruments
Food Standards Code and Australian Standards. Schedule 2 prescribes that meat production and poultry production activities must comply with Food Standards Code Standards 4.2.2 and 4.2.3 and an array of Australian Standards (AS 4696, AS 4464, AS 4466, AS 5010, AS 5011). Those external documents are the substantive technical benchmarks for hygienic production, transport and storage. Regulation 13(1) requires compliance with Schedule 2 “as may be amended or substituted from time to time”, which permits incorporation by reference and updates to technical benchmarks without re-enacting the regulations themselves.
Cross-jurisdictional recognition
Corresponding laws in other States and Territories. Regulation 19(2)(b)(ii) accepts that, for product produced or processed in a State or Territory other than Tasmania, compliance with any applicable corresponding law will satisfy the “lawfully produced” requirement. This is a form of mutual recognition that reduces duplication for interstate suppliers but anchors legal compliance to the existence and content of corresponding laws elsewhere.
Commonwealth export law. Regulation 10(3)(a) grants the Chief Inspector discretion to exempt persons from fees where the meat processing or poultry production business involves export in accordance with a Commonwealth law. That creates a direct administrative link between Commonwealth export regulatory compliance and Tasmanian fee obligations.
Other legislative cross-references
The regulations require the Chief Inspector to take prior offences under certain statutes into account when considering accreditation applications (regulation 11). The prescribed Acts include Biosecurity Act 2019, Animal Health Act 1995, Animal Welfare Act 1993, Environmental Management and Pollution Control Act 1994 and others. Accreditation decision-making therefore explicitly integrates compliance histories under these separate statutory regimes.
GST treatment and fee administration. Regulation 10(1) refers to the A New Tax System (Goods and Services Tax) Act 1999 for the meaning of GST, and regulation 10(2) clarifies that Schedule 1 fees are, unless otherwise specified, exclusive of GST. This aligns fee administration with Commonwealth indirect tax law.
Operational effects of interaction
The regulations are expressly cumulative where other food safety schemes apply: regulation 13(2) states compliance with Schedule 2 is in addition to and does not remove or replace requirements within another food safety scheme. Practically, businesses subject to multiple schemes may need to maintain overlapping or additional documentation, procedures and audit schedules.
Because Schedule 2 incorporates external technical instruments that may be amended, compliance obligations can change over time without amendment to the regulations, creating an external pathway for regulatory change that regulated entities must monitor.
The use of the Chief Inspector’s fee exemption power to consider Commonwealth export law and other entitlements is an administrative reconciliation mechanism; it addresses cost burdens but does not necessarily alter substantive accreditation obligations.
Taken together, the regulations are designed to thread state-level accreditation and auditing obligations into an existing national and technical regulatory matrix, using recognition and incorporation by reference to reduce duplication but increasing the number of instruments that businesses must monitor to remain compliant.
Amendment history
The regulations themselves record basic publication and commencement details and provide mechanisms for future amendment through incorporation of external standards. The instrument as provided contains the following discrete historical and amendment-relevant facts.
Citation and commencement. The regulations are the Primary Produce Safety (Meat and Poultry) Regulations 2024 (regulation 1) and take effect on 31 December 2024 (regulation 2). The instrument records that it was notified in the Gazette on 11 December 2024 (end matter), and it is administered by the Department of Natural Resources and Environment Tasmania (end matter).
Schedule amendments and ongoing updating. Regulation 8(2) and regulation 13(1) provide that references to the meat and poultry food safety scheme and to standards in Schedule 2 are taken to include Part 2 of these regulations and Schedule 2 “as amended from time to time” and “as may be amended or substituted from time to time”. These text clauses create an express pathway for Schedule 2 to be modified administratively or by regulation without necessarily re-making the entire regulations. Since Schedule 2 incorporates the Food Standards Code and multiple Australian Standards, changes to those external documents will alter compliance obligations as those instruments are amended or replaced.
Fee and penalty structure. The fee amounts and the penalty-for-default are specified in Schedule 1 in fee units. The regulations do not fix the dollar value of a fee unit; the monetary link will depend on the general penalty unit system applicable in Tasmania, which is external to the regulations. Any change to fee amounts will require amendment of Schedule 1.
No internal amendment history recorded in the text. The provided instrument does not include earlier versions, amendment notes, or historical entries indicating prior regulations replaced or amended. The instrument is presented as the Primary Produce Safety (Meat and Poultry) Regulations 2024.
Forward‑looking amendment mechanism for standards. Because Schedule 2 references and requires compliance with external instruments (Food Standards Code and Australian Standards), and regulation 13(1) contemplates amendment or substitution of Schedule 2 over time, changes to those technical documents, or to the schedule via regulation, will effectuate substantive changes to regulated duties without a new primary statute. This is a common statutory design to maintain technical currency.
Administrative instruments and approvals. The auditing regime depends on relevant food safety auditors being approved under Part 11 of the Act (regulation 18(1)). Any legislative or regulatory change to approval criteria in Part 11 of the Act will therefore affect audit capacity and the pool of eligible auditors.
In short, the 2024 regulations set the baseline operative regime beginning 31 December 2024, and they permit technical standards and schedule content to be updated through standard amendment processes and through changes to the external documents they incorporate. The Chief Inspector’s administrative decisions,on audit intervals, fee exemptions and register management,are non-legislative levers that may alter practical compliance burdens for regulated parties without legislative amendment.
Litigation history
The provided instrument contains no reported or cited litigation history. There are no cases referenced in the text of the regulations, and no decisions, judicial interpretations or appeals are recorded in the material supplied.
Potential judicially contestable points (based on the text)
Interpretation of “lawfully produced” (regulation 19(2)). The phrase is operationalised by reference to lawful importation for imported goods and to compliance with the Act or corresponding laws for Australian goods. Litigation could, in principle, address the content of “corresponding law”, how to prove compliance, or disputes over whether particular acts or omissions amount to non-lawful production.
Strict liability and due process. Regulation 19(3) makes the supply offence one of strict liability. Challenges could arise over the application of strict liability to particular factual matrices or in relation to constitutional or other procedural grounds; such challenges would, however, sit against the general availability of strict‑liability offences in statutory regulation of public health and safety.
Boundaries of homekill and “non‑commercial purpose” (regulation 3 definition and regulation 7). Disputes may occur over whether particular activities are commercial or non-commercial, especially where barter, customary exchanges, or token payments are involved. Whether supply to third parties constitutes supply for a commercial purpose could be litigated in borderline cases.
Scope of accreditation exemptions for registered food businesses (regulation 14(3)(b)). There may be factual disputes over whether a food business engages in slaughter, poultry production or production/manufacture of ready-to-eat meat. The definition of ready-to-eat meat is partly anchored to Schedule 2 and to standards in it, which could be questioned in litigation where an operator asserts they fall outside the definition.
Auditor decisions and administrative review. Audits by relevant food safety auditors approved under Part 11 of the Act (regulation 18(1)) are likely to lead to administrative actions (variation, suspension, revocation of accreditation) recorded on the register under regulation 16(2). Those administrative actions may be subject to merits review or judicial review on conventional administrative law grounds.
Fee exemption discretion and procedural fairness. The Chief Inspector’s power to exempt persons from fees in specific circumstances (regulation 10(3)) could attract judicial review if exercise is alleged to be arbitrary, discriminatory, or procedurally unfair.
The text of the regulations does not include an explicit regime for appeals from accreditation decisions, suspensions, revocations or conditions; those processes will be governed by the Act and general administrative law remedies. Absence of litigation history in the instrument does not preclude future litigation on the types of issues listed above once the scheme operates and enforcement begins.
Gotchas
The regulations contain a number of practical design features and drafting choices that create compliance traps, administrative uncertainties and potential unexpected costs. These are concrete points that lawyers, compliance officers and operators should note.
Strict liability for supply offence (regulation 19(3))
The offence of supplying unlawfully produced meat is strict liability. That means a supplier can be convicted without proof of fault, subject only to available statutory defences or permitted exceptions. The evidentiary implication is that suppliers need contemporaneous documentary proof of lawful production or importation (regulation 19(2)). Failure to maintain provenance records is therefore a direct compliance risk.
Infringement notices sit alongside criminal penalties (regulation 20 and Schedule 3)
The presence of an infringement notice for the same conduct (regulation 19(1)) allows regulators to choose between a lower-cost administrative penalty (5 units individual, 10 units corporate) and criminal prosecution (substantially larger fines). Regulated entities should therefore be prepared for either path. An early-stage non-criminal enforcement action may still have commercial and reputational consequences.
Accreditation exemptions are narrow and fact-sensitive (regulation 14(3))
Exemptions from accreditation for homekill (regulation 14(3)(a)) and for registered food businesses (regulation 14(3)(b)) are narrowly defined and contain substantive toggles: for example, a registered food business is exempt only if it does not slaughter animals, does not engage in poultry production, and does not produce or manufacture ready-to-eat meat (regulation 14(3)(b)(i)-(iii)). Operators who carry multiple activities at a single premises must carefully map activities against the exemptions to avoid inadvertent non-compliance.
Homekill definitions and premises approval (regulation 3 and regulation 7)
Homekill meat requires that slaughter for household owners occur on premises where the owner resides or on premises approved in writing by the Chief Inspector (regulation 3 definition). A supplier providing homekill meat beyond those boundaries, or supplying for commercial purposes, becomes subject to the full accreditation and compliance regime (regulation 7(2)). The “non-commercial purpose” requirement is fact-dependent and may be the subject of dispute.
Fee banding tied to full-time meat handlers and a 38-hour definition (Schedule 1 item 4 and regulation 3)
Schedule 1 determines the annual fee band by the maximum number of full-time meat handlers employed or engaged at any point during the preceding 12 months (Schedule 1 item 4). “Full-time meat handler” is defined as an individual directly engaging in meat processing as an employee or agent for 38 hours in a week (regulation 3). The band is determined by a maximum point-in-time measure rather than an average, which can produce “cliff effects” (e.g. a temporary seasonal surge could move a business into a higher fee band for the whole year).
Fee units and monetary uncertainty
Fees and penalties are expressed in fee units (Schedule 1). The regulations do not provide a dollar conversion; a person must consult relevant penalty unit legislation to determine actual dollar liabilities. This can complicate cash-flow forecasts and cost modelling for smaller producers.
Chief Inspector discretions can create uncertainty (regulations 10, 16, 18)
The Chief Inspector may exempt fees (regulation 10(3)), determine audit intervals and notify in writing (regulation 18), and set register access charges up to 50 fee units (regulation 16(4)). These powers can create variability in compliance costs between operators and over time. For example, a producer whose audit interval is shortened by the Chief Inspector will face higher audit costs; the regulations provide no fixed formula for interval determination.
Incorporation by reference of external standards (regulation 13 and Schedule 2)
Schedule 2 requires compliance with the Food Standards Code and several Australian Standards. These external documents may be updated independently of these regulations; because the regs provide that Schedule 2 may be amended or substituted from time to time, regulated entities must actively monitor those external instruments. Non-awareness of a standards update is likely not a defence.
Auditor approval linkage (regulation 18)
Audits must be performed by food safety auditors approved under Part 11 of the Act. The pool, competence and availability of approved auditors will determine audit lead times and costs. If approved auditors are scarce or backlogged, accredited producers may face scheduling delays that have compliance and commercial implications.
Register access fees and public exposure (regulation 16)
The public register is inspectable without charge on written request (regulation 16(3)), but copies or extracts may be obtained for a fee up to 50 fee units (regulation 16(4)). Operators should be aware that their accreditation status, conditions and any suspension or revocation will be public and accessible, potentially leading to reputational or contract risk.
Penalty-for-default and administrative collection (Schedule 1 item 5 and regulation 9(2))
The penalty for default for accredited meat producers is specified in Schedule 1 as 75 fee units (Schedule 1 item 5) and is prescribed by regulation 9(2). Non-payment can therefore create a sizeable administrative cost over and above the base fee.
Export and registration interactions
Fee exemption for export operations (regulation 10(3)(a)) only addresses fees, not necessarily accreditation or standards obligations. Exporters must ensure they meet both Commonwealth export requirements and state accreditation/standards unless explicitly exempted by the Chief Inspector.
Taken together, the “gotchas” revolve around the strict liability offence, fee and audit timing mechanics, narrow carve-outs, external standards that can change, Chief Inspector discretions, and the public nature of accreditation records. Operators should treat documentation, provenance, audit readiness and active monitoring of standards and administrative notices as core compliance activities.
How to comply
This section sets out practical, step‑by‑step measures that a proprietor, compliance officer or adviser should implement to secure compliance with the meat and poultry food safety scheme as set out in the regulations.
Determine whether accreditation is required
Map your activities against the definitions in regulation 3 and the scope in regulation 12. If you are a proprietor of a meat processing business or a poultry production business, accreditation will most likely be required (regulation 14(2)) unless you qualify for the limited exemptions in regulation 14(3). Pay particular attention to whether you slaughter animals, engage in poultry production, or produce ready-to-eat meat (regulation 14(3)(b)).
For homekill operations, confirm non-commercial status and premises
If your operations are homekill, confirm they meet the homekill meat definition (regulation 3) and that processing is for a non‑commercial purpose (regulation 7). If slaughter is on premises other than where the owner resides, ensure you have written approval from the Chief Inspector for those premises.
Prepare for accreditation application
Review regulation 15: applicants must have made appropriate arrangements to comply with the Act and the scheme or have the capacity to make them before accreditation commences. Practical steps include:
Develop or procure a meat or meat product food safety program aligned with the standards listed in Schedule 2 (regulation 13 and Schedule 2).
Compile facility plans, staff rosters and documentation of control points, sanitation procedures and transport arrangements consistent with AS 4696:2007 and other cited standards.
Budget for application fees (Schedule 1 item 1: 350 fee units), and for the cost of program preparation and potential auditor fees.
Design and document food safety programs to meet Schedule 2 and the Food Standards Code
Ensure the food safety program covers the activities for which accreditation is sought and explicitly maps controls to the relevant standards in Schedule 2 (Food Standards Code Standards 4.2.2/4.2.3, AS 4696, AS 4464, etc.). Include recordkeeping elements to demonstrate compliance with transport, identification and storage requirements (Schedule 2 items 4-6).
Secure an approved audit pathway
Identify and engage a relevant food safety auditor approved under Part 11 of the Act (regulation 18(1)). Understand that the Chief Inspector may specify audit intervals; absent such a notice, plan for at least annual audits (regulation 18(2)). Agree audit timing, scope and deliverables in writing to ensure alignment with accreditation renewal timelines.
Implement internal controls and recordkeeping focused on “lawfully produced” proof
Because regulation 19(3) establishes strict liability for supplying unlawfully produced meat, maintain contemporaneous documentation proving lawful production or importation:
Animal provenance records, movement and brand documents where relevant.
Slaughter documentation, chain-of-custody and processing records.
Import certificates or proof of lawful entry for imported product.
Agreement terms with suppliers that require compliance and permit audits.
Calculate and budget fees and fee bandings
Determine the maximum number of full-time meat handlers employed or engaged at any point during the preceding 12 months. The annual fee depends on that maximum (Schedule 1 item 4: <5 handlers 175 fee units; 5-50 handlers 350 fee units; >50 handlers 750 fee units). Note the definition of full-time meat handler as 38 hours per week (regulation 3). Pay the periodic fee by the due date (1 July after the 12-month period; regulation 9(1)) and plan for the penalty-for-default if late or unpaid (Schedule 1 item 5: 75 fee units; regulation 9(2)).
Keep the accreditation register and public information current
Track any changes that may require variation or transfer of accreditation and budget for Schedule 1 variation fees (items 2-3). Use the register (regulation 16) to verify the accreditation status of suppliers before contracting; request and retain extracts or copies as needed (regulation 16(3)-(4)).
Use Chief Inspector discretionary powers as needed
If relief from fees is warranted (exporter, attached registered food business, Aboriginal traditional or cultural activity, charitable non-commercial activity, multiple accreditations), submit a formal request for fee exemption under regulation 10(3) with supporting documentation. Be prepared to document exceptional circumstances if requesting discretionary relief under regulation 10(3)(f).
Contractual and supply chain measures
Insert contractual clauses requiring suppliers to (a) hold and maintain accreditation where required, (b) comply with Schedule 2 standards, and (c) provide proof of lawful production and importation. Include audit rights and indemnities to manage commercial risk arising from strict‑liability exposures.
Monitor standards and auditor approvals
Actively monitor updates to the Food Standards Code, the Australian Standards listed in Schedule 2, and any amendments to Schedule 2 by the regulator (regulation 13(1)). Also confirm any change to the pool of approved auditors under Part 11 of the Act that could affect audit availability or scope.
Prepare for audits and remedial action
Maintain a standing audit response plan: document corrective actions, maintain records of implementation and have a compliance officer or external consultant available to assist with remediation. Ensure that any audit findings are addressed promptly to reduce the risk of administrative sanctions, suspension or revocation reflected on the public register (regulation 16(2)).
For imported product, ensure import compliance
For imported meat, maintain import documentation evidencing lawful importation into Australia (regulation 19(2)(a)). Cross-check supplier import compliance before accepting shipments.
Engage legal and technical advisers for high-risk or novel operations
For operations at the margins,mixed food business and processing activities, game meat or ratite operations, transport arrangements, or interstate/international trade,seek early legal and technical advice to map obligations under these regulations, the Act and the cited standards in Schedule 2.
Operational checklist (short form)
Decide if accreditation is required (regulation 14).
Prepare food safety program that aligns with Schedule 2 (regulation 13; Schedule 2).
Apply for accreditation and pay the application fee (Schedule 1 item 1).
Engage an approved auditor and schedule audits at required intervals (regulation 18).
Pay annual fee by 1 July after the prescribed 12‑month period and avoid default penalties (regulation 9 and Schedule 1).
Retain robust provenance and import documentation to meet the strict‑liability supply standard (regulation 19).
Monitor and respond to Chief Inspector notifications, register updates, and changes to incorporated standards.
Following this compliance pathway will address the substantive obligations set out in the regulations: accreditation, documented food safety programs, audit compliance, standards adherence and fee obligations.
(i) by or on behalf of the owner of the animal; and
(ii) on premises –
(a) where the owner of the animal resides; or
(b) that have been approved, in writing, by the Chief Inspector; and
(iii) for human consumption on either of the premises referred to in subparagraph (ii) ; and
(iv) for a non-commercial purpose; or
(b) from game or a game bird that has been lawfully slaughtered –
(i) in the wild; and
(ii) for a non-commercial purpose;
homekill processing – see regulation 7 ;
meat and poultry food safety scheme – see regulation 8 ;
meat processing business means a primary produce business, or a proposed primary produce business, that consists, in whole or in part, of meat processing other than homekill processing;
meat producer means a producer who engages in, or is proposing to engage in –
(a) meat production; or
(b) meat processing; or
(c) poultry production;
meat production means –
(a) the rearing, management or transport of an abattoir animal intended for supply to a meat processing business for the purpose of producing meat or meat product from the abattoir animal; or
(b) the lawful slaughter of an animal in the wild for the purpose of producing meat, meat product or poultry meat from the animal;
poultry meat means meat or meat product produced from lawfully slaughtered poultry or a game bird, other than a ratite;
poultry production means the rearing, management or transport of live poultry, other than a ratite, intended for supply to a meat processing business for the purpose of producing poultry meat;
poultry production business means a primary produce business, or a proposed primary produce business, that consists, in whole or in part, of poultry production;
ratite includes an emu, ostrich and cassowary.
4 Meaning of abattoir animal
4 Meaning of abattoir animal
For the purposes of paragraph (d) of the definition of abattoir animal in section 4(1) of the Act, the following animals are prescribed as an abattoir animal:
(a) a ratite that has been lawfully slaughtered for human consumption;
(b) any other animal that has been lawfully slaughtered for human consumption, other than game or a game bird that has been slaughtered in the wild.
5 Meaning of diseased
5 Meaning of diseased
For the purposes of the definition of diseased in the Act, a condition, state or abnormality is prescribed in respect of an animal if –
(a) the condition, state or abnormality is specified in a standard referred to in Schedule 2 ; and
(b) an animal would be unsuitable, under a standard referred to in that Schedule, for use in meat production if it were lawfully slaughtered while affected by the condition, state or abnormality.
6 Prescribed meat processing activity
6 Prescribed meat processing activity
For the purposes of paragraph (e) of the definition of meat processing in section 4(1) of the Act, the production of meat from poultry or a game bird that has been lawfully slaughtered in the wild is prescribed as a meat processing activity.
7 Meaning of homekill processing
7 Meaning of homekill processing
(1) In these regulations, homekill processing means meat processing of, and for the purposes of, homekill meat for a non-commercial purpose.
(2) For the avoidance of doubt, homekill processing does not include the supply of homekill meat or meat product produced from homekill meat –
(a) for a commercial purpose; or
(b) to a meat processing business; or
(c) to a food business; or
(d) at a market; or
(e) by way of retail or wholesale.
8 Meat and poultry food safety scheme
8 Meat and poultry food safety scheme
(1) These regulations establish, in Part 2 , a food safety scheme in respect of meat, meat product and poultry meat.
(2) In any document, a reference to the meat and poultry food safety scheme is taken to be a reference to Part 2 of these regulations, as amended from time to time.
9 Periodic fees and return
9 Periodic fees and return
(1) For the purposes of section 16(1) of the Act, in relation to an accredited meat producer –
(a) the period prescribed is the period of 12 months ending on the last day of June in any calendar year; and
(b) the date prescribed is the 1 July immediately after the period prescribed under paragraph (a) ; and
(c) the fee prescribed is the relevant annual fee specified in item 4 of Schedule 1 .
(2) For the purposes of section 16(2) of the Act, the fee prescribed as a penalty for default by an accredited meat producer is the penalty for default specified in item 5 of Schedule 1 .
10 Fees generally
10 Fees generally
(1) In this regulation –
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.
(2) The fees specified in Schedule 1 –
(a) are, unless otherwise specified, exclusive of GST; and
(b) are prescribed as the fees payable in respect of the matters to which they relate.
(3) The Chief Inspector may exempt a person, or class of persons, from liability for all or part of a fee payable under the Act in one or more of the following circumstances:
(a) the meat processing business, or poultry production business, carried on by the person involves the export of meat to another country in accordance with a law of the Commonwealth;
(b) the meat processing business, or poultry production business, carried on by the person forms part of, or is attached to, a food business registered under the Food Act 2003 that is carried on by that person at the same premises as the meat processing business or poultry production business;
(c) the person is an Aboriginal person engaging in a primary production activity of traditional or cultural significance within the Tasmanian Aboriginal community;
(d) the person holds, or has applied for, accreditation under 2 or more food safety schemes;
(e) the meat processing business, or poultry production business, carried on by the person is carried on by the person primarily for a charitable, educational or other non-commercial purpose;
(f) the circumstances are exceptional circumstances in which it would be just and equitable to exempt the person from all or part of the fee.
11 Application for accreditation to take into account certain offences
11 Application for accreditation to take into account certain offences
The following Acts are prescribed Acts for the purposes of section 14(3)(a)(iii) of the Act:
(a) Agricultural and Veterinary Chemicals (Control of Use) Act 1995 ;
(b) Agricultural and Veterinary Chemicals (Tasmania) Act 1994 ;
(c) Animal (Brands and Movement) Act 1984 ;
(d) Animal Health Act 1995 ;
(e) Animal Welfare Act 1993 ;
(f) Biosecurity Act 2019 ;
(g) Environmental Management and Pollution Control Act 1994 ;
(h) Public Health Act 1997 .
Part 2 Meat and Poultry Food Safety Scheme
Part 2 Meat and Poultry Food Safety Scheme
12 Application of meat and poultry food safety scheme
12 Application of meat and poultry food safety scheme
(1) The meat and poultry food safety scheme applies to –
(a) all primary produce comprised, in whole or in part, of meat, meat product or poultry meat; and
(b) all primary production activities involving meat production, meat processing or poultry production, either alone or in combination.
(2) The following persons must comply with the meat and poultry food safety scheme:
(a) a person who supplies primary produce to which the meat and poultry food safety scheme applies;
(b) a person who engages in, or proposes to engage in, a primary production activity to which the meat and poultry food safety scheme applies.
13 Standard applying under meat and poultry food safety scheme
13 Standard applying under meat and poultry food safety scheme
(1) A person who is required to comply with the meat and poultry food safety scheme must, when performing a primary production activity set out in Schedule 2 , comply with the standards specified in Schedule 2 , as may be amended or substituted from time to time, in respect of that primary production activity.
(2) Subregulation (1) is in addition to, and does not remove or replace, a requirement within another food safety scheme or standard that applies to a person referred to in subregulation (1).
14 Requirement to be accredited
14 Requirement to be accredited
(1) In this regulation –
ready-to-eat meat means meat, meat product or poultry meat, intended for human consumption without further heating or cooking, that is –
(a) fermented meat that is cooked or uncooked; or
(b) pate; or
(c) dried meat; or
(d) slow-cured meat; or
(e) luncheon meat; or
(f) cooked muscle meat; or
(g) any other meat, meat product or poultry meat that is considered ready-to-eat meat under a standard that is specified in Schedule 2 .
(2) Subject to subregulation (3) , the proprietor of a meat processing business, or poultry production business, is required to be accredited under the meat and poultry food safety scheme.
(3) The proprietor of a meat processing business, or poultry production business, is not required to be accredited under subregulation (2) if the meat processing business, or poultry production business, is –
(a) only involved in –
(i) homekill processing; or
(ii) the growing, keeping or transporting of live poultry for the purpose of producing homekill meat or poultry meat that is not intended for sale or commercial use; or
(b) a food business, registered under Part 7 of theFood Act 2003 , that does not engage in –
(i) the slaughter of animals; or
(ii) poultry production; or
(iii) the production or manufacturing of ready-to-eat meat for human consumption.
15 Requirement for accreditation
15 Requirement for accreditation
It is a requirement for accreditation under the meat and poultry food safety scheme that the applicant for the accreditation –
(a) has made appropriate arrangements to comply with the requirements of the Act and the meat and poultry food safety scheme; or
(b) proposes to make appropriate arrangements to comply with the requirements of the Act and the meat and poultry food safety scheme and has the capacity to make those arrangements before the accreditation is to commence.
16 Register of accreditation
16 Register of accreditation
(1) The Chief Inspector must establish a public register of the persons holding an accreditation under the meat and poultry food safety scheme.
(2) The register established under subregulation (1) is to contain the particulars in respect of the following relevant matters as they relate to an accreditation granted to a meat producer in relation to meat, meat product or poultry meat:
(a) granting of accreditations;
(b) conditions attached to accreditations;
(c) variation or revocation of a condition attached to an accreditation;
(d) suspension of accreditations;
(e) cancellation or revocation of accreditations;
(f) if such an accreditation is surrendered, the surrender of the accreditation;
(g) transfer of accreditations.
(3) The register established under subregulation (1) is to be available for inspection, without charge and during normal business hours, on a written request to the Chief Inspector.
(4) A person inspecting the register under subregulation (3) may, on payment of a reasonable fee determined by the Chief Inspector that does not exceed 50 fee units, do one or more of the following:
(a) obtain an extract of an entry in the register;
(b) obtain a copy of anything contained in the register.
17 Requirement to prepare and implement a food safety program
17 Requirement to prepare and implement a food safety program
An accredited meat producer must prepare and implement a food safety program in respect of each activity involving meat, meat product or poultry meat for which the accredited meat producer holds accreditation under the meat and poultry food s
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