What it does
These regulations create a statutory seafood primary-produce safety scheme in Tasmania. They: (a) define the scope of regulated seafood and the primary production activities to which the scheme applies, (b) require proprietors of seafood businesses that deal in regulated seafood to be accredited, (c) mandate compliance with the Food Standards Code Standard 4.2.1, (d) require seafood food safety programs and auditing, (e) establish mechanisms for classifying marine areas as approved or restricted and for opening or closing those areas, (f) set fees, fee-exemptions and annual return arrangements, and (g) create offences and infringement notice options for non-compliance.
Mechanically, the key operational rules are in Part 2. The scheme applies to all seafood primary produce and primary production activities involving seafood (regulation 10). Regulated seafood is defined broadly to include abalone, bivalve molluscs, smoked or preserved seafood, and any other species or class the Chief Inspector determines under regulation 4. The proprietor of a seafood business involved in primary production of regulated seafood must be accredited under the scheme (regulation 12). Accredited seafood producers must prepare and implement food safety programs meeting Standard 4.2.1 in the Food Safety Standards Code (regulations 11 and 14), unless exempted in narrow circumstances (regulation 14(2)).
The Chief Inspector holds several decision powers. The Chief Inspector may determine additional species as regulated seafood (regulation 4), classify marine areas as approved or restricted and open or close those areas subject to publication of classification notices (regulations 18 and 19), set auditing intervals for approved seafood food safety programs (regulation 15), and grant or exempt fees in prescribed circumstances (regulation 8(3)). The scheme creates a strict liability offence for supplying seafood that has not been lawfully produced for human consumption, with tiered penalties and an infringement notice option (regulations 20 and 21, Schedule 2).