Food Amendment (Egg Food Safety Scheme) Regulation 2012 (NSW)
2012 No 653
New South Wales
Food Amendment (Egg Food Safety
Scheme) Regulation 2012
under the
Food Act 2003
Her Excellency the Governor, with the advice of the Executive Council, and the approval of the Premier, has made the following Regulation under the Food Act 2003.
KATRINA HODGKINSON, MP
Minister for Primary Industries
Explanatory note
The object of this Regulation is to amend the Food Regulation 2010:
| (a) | to modify the operation of certain standards of the Australia New Zealand Food Standards Code of the Commonwealth that relate to the production and processing of eggs and that have a commencement date of 26 November 2012, and |
| (b) | to provide that certain provisions of those standards need not be complied with until 26 November 2014, being provisions relating to the marking by egg producers and egg processors of eggs and packages containing egg products to ensure their traceability, and |
| (c) | to provide that the egg food safety scheme in that Regulation does not cover ratite eggs which is in keeping with the provisions of that Code, and |
| (d) | to remove provisions dealing specifically with specialty eggs. |
This Regulation is made under the Food Act 2003, including sections 21 (5), 102, 139 (the general regulation-making power) and 141.
| Published LW 21 December 2012 | Page 1 |
| 2012 No 653 | |
| Clause 1 | Food Amendment (Egg Food Safety Scheme) Regulation 2012 |
Food Amendment (Egg Food Safety Scheme)
Regulation 2012
under the
Food Act 2003
1 Name of Regulation
This Regulation is the Food Amendment (Egg Food Safety Scheme)
Regulation 2012.
2 Commencement
This Regulation commences on the day on which it is published on the
NSW legislation website.
2012 No 653
Food Amendment (Egg Food Safety Scheme) Regulation 2012
| Amendment of Food Regulation 2010 | Schedule 1 |
| Schedule 1 | Amendment of Food Regulation 2010 |
[1] Clause 149 Definitions
Insert “(other than the egg of a ratite)” after “avian species” in the definition of egg.
[2] Clause 149, definition of “specialty egg”
Omit the definition.
[3] Clause 152 Meaning of “egg business”, “egg product” and “blended egg product mixture”
Omit clause 152 (1) (e).
[4] Clause 152 (1) (h)
Omit “, cracked eggs or specialty eggs”. Insert instead “or cracked eggs”.
[5] Clause 152 (1) (i)
Omit “, cracked eggs, or specialty eggs”. Insert instead “or cracked eggs”.
[6] Clause 152 (1) (i) (i)
Omit “, blended egg product mixtures or specialty eggs”.
Insert instead “or blended egg product mixtures”.[7] Clause 152 (4)
Omit the subclause.
[8] Clause 153 Application of Food Standards Code to primary production of eggs
Omit clause 153 (c). Insert instead:
(c) Division 1 and Subdivision 2 of Division 4 of Standard 3.2.2,
[9] Clause 153 (f) and (g)
Insert after clause 153 (e):
(f) Standard 4.1.1, (g) Divisions 1 and 2 of Standard 4.2.5.
2012 No 653
Food Amendment (Egg Food Safety Scheme) Regulation 2012
| Schedule 1 | Amendment of Food Regulation 2010 |
[10] Clause 154 Modification of Food Standards Code
Omit clause 154 (1) and (2). Insert instead:
(1) Standard 2.2.2 of the Food Standards Code is modified by
inserting after clause 3:4 Compliance with clause 3
A person is not required to comply with clause 3 until 26 November 2014.
[11] Clause 154 (3)
Omit “Division 1, clauses 6, 9, 10 and 12 of Division 3, Subdivision 2 of
Division 4 and Division 5”.Insert instead “Division 1 and Subdivision 2 of Division 4”.
[12] Clause 154 (5)
Insert after clause 154 (4):
(5) Standard 4.2.5 is modified as follows:
(a) by inserting in alphabetical order in clause 2 (2):
broken egg means an egg with a cracked shell
and a broken shell membrane.
(b)
by omitting “, and includes a broken egg” from the definition of cracked egg in clause 2 (2) and by inserting instead “, and has an unbroken shell membrane”,
(c)
by inserting “, a broken egg” after “cracked egg” in paragraph (a) of the definition of unacceptable egg in clause 2 (2),
(d) by inserting after clause 3 (3):
(4)
An egg producer is not required to comply with this clause unless the egg producer produces, washes, grades, dry cleans or assesses for cracks more than 20 dozen eggs in any week.
(e) by inserting after clause 10 (4):
(5)
An egg producer is not required to comply with subclauses (1) and (2) until 26 November 2014.
(f)
by inserting “that are not broken eggs” after “unacceptable eggs” in clause 11 (2),
2012 No 653
Food Amendment (Egg Food Safety Scheme) Regulation 2012
| Amendment of Food Regulation 2010 | Schedule 1 |
(g) by inserting “that are not broken eggs” after “eggs” in the heading to clause 14, (h) by inserting “that are not broken eggs” after “unacceptable eggs” in clause 14, (i) by inserting after clause 14:
14A Receiving broken eggs An egg processor must not receive broken eggs for human consumption.
(j) by inserting after clause 20 (3):
(4) An egg processor is not required to comply with subclauses (1) and (2) until 26 November 2014.
[13] Clause 163 Method of pasteurisation of egg product
Omit “Standard 1.6.2” from clause 163 (a). Insert instead “Standard 4.2.5”.
[14] Clause 164 Method of pasteurisation of blended egg product mixture
Omit “Standard 1.6.2” from clause 164 (a). Insert instead “Standard 4.2.5”.
[15] Clause 165 Egg businesses to undertake analyses of eggs, egg products, blended egg product mixtures and water
Omit clause 165 (1) (d).
[16] Clause 165 (1) (e)
Omit “, blended egg product mixtures and specialty eggs”.
Insert instead “and blended egg product mixtures”.[17] Clause 165 (3) (b)
Omit “, specialty eggs”.
[18] Clause 167 Records to be kept in relation to sale, purchase, transportation and storage of cracked eggs, unpasteurised egg products and unpasteurised blended egg product mixtures
Omit “specialty eggs,” wherever occurring in clause 167 (1)–(4).
2012 No 653
Food Amendment (Egg Food Safety Scheme) Regulation 2012
| Schedule 1 | Amendment of Food Regulation 2010 |
[19] Schedule 3 Savings and transitional provisions
Insert at the end of Schedule 3 with appropriate Part and clause numbering:
Part Provisions consequent on making of Food
Amendment (Egg Food Safety Scheme)
Regulation 2012Activities no longer required to be licensed
(1) A licence in force immediately before the commencement of the Food Amendment (Egg Food Safety Scheme) Regulation 2012 (an existing licence) is cancelled if the only activities that it authorises are not required to be licensed under this Regulation. (2) The Food Authority may refund to the holder of an existing licence the whole or any part of the fee paid for the licence if the licence:
(a) is cancelled by operation of subclause (1), or (b) authorises any activity that is not required to be licensed under this Regulation.
[20] Schedule 4 Licence fees
Omit “or manufacturing or processing of specialty eggs” from item 1 of Part 6.
[21] Schedule 4, Part 6
Omit “, cracked eggs or specialty eggs” from item 2.
Insert instead “or cracked eggs”.[22] Schedule 4, Part 6
Omit “, blended egg product mixtures or specialty eggs” from item 2.
Insert instead “or blended egg product mixtures”.[23] Schedule 4, Part 6
Omit “, cracked eggs or specialty eggs” from item 3.
Insert instead “or cracked eggs”.
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