Food Amendment (Food Safety Schemes) Regulation 2005 (NSW)
2005 No 525
New South Wales
Food Amendment (Food Safety
Schemes) Regulation 2005
under the
Food Act 2003
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Food Act 2003.
IAN MACDONALD, M.L.C., Minister for Primary Industries
Explanatory note
The object of this Regulation is to repeal the following Regulations which contain food safety schemes and transfer those schemes to the Food Regulation 2004 for the purpose of achieving more uniform licensing procedures:
| (a) | Food (Plant Products Food Safety Scheme) Regulation 2005, |
| (b) | Food Production (Dairy Food Safety Scheme) Regulation 1999, |
| (c) | Food Production (Meat Food Safety Scheme) Regulation 2000, |
| (d) | Food Production (Seafood Safety Scheme) Regulation 2001. |
The Regulation makes changes to those food safety schemes for the following purposes:
| (a) | to provide for one type of licence that may authorise the carrying on of activities dealt with by each of the food safety schemes, |
| (b) | to provide for all applications for the initial issue of a licence to be accompanied by the applicable licence fees, |
| (c) | to make it clear that a person cannot apply to the Administrative Decisions Tribunal for a review of a decision to refuse to issue a licence for non-payment of the licence fee, |
| (d) | to enable all licence fees to be increased by the Food Authority in accordance with CPI increases rather than just some licence fees as at present, |
| (e) | to ensure that licensing procedures, as far as practicable, are consistent for each of the food safety schemes. |
This Regulation is made under the Food Act 2003, including sections 102 and 139 (the general regulation-making power).
| Published in Gazette No 110 of 1 September 2005, page 6628 | Page 1 |
| 2005 No 525 | |
| Clause 1 | Food Amendment (Food Safety Schemes) Regulation 2005 |
Food Amendment (Food Safety Schemes) Regulation
2005
under the
Food Act 2003
1 Name of Regulation
This Regulation is the Food Amendment (Food Safety Schemes)
Regulation 2005.
2 Commencement
This Regulation commences on 2 September 2005.
3 Amendment of Food Regulation 2004
The Food Regulation 2004 is amended as set out in Schedule 1.
4 Repeals
The following regulations are repealed:
(a) Food (Plant Products Food Safety Scheme) Regulation 2005, (b) Food Production (Dairy Food Safety Scheme) Regulation 1999, (c) Food Production (Meat Food Safety Scheme) Regulation 2000, (d) Food Production (Seafood Safety Scheme) Regulation 2001.
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(Clause 3)
[1] Clause 3 Definitions
Insert in alphabetical order:
approved means approved by the Food Authority.
food safety program means a food safety program certified under
clause 19.
licence means a licence granted under Part 3.
[2] Parts 3–7
Insert after Part 2:
Part 3 Food safety schemes—general provisions
Division 1 Interpretation 6 Definitions
In this Part:
food business means:
(a) a dairy business within the meaning of Part 4, or (b) a meat business within the meaning of Part 5, or (c) a plant products business within the meaning of Part 6, or (d) a seafood business within the meaning of Part 7. licence fee, in relation to a licence, means the fee determined for
the licence in accordance with clause 21.7 Application of food safety schemes to retail premises and food not intended for sale
(1)
This Part and Parts 4–7 do not apply to or in respect of the handling of food on retail premises, other than the handling of meat on meat retail premises.
(2)
This Part and Parts 4–7 do not apply to or in respect of the handling of food in or from retail vehicles, other than vehicles used by milk vehicle vendors.
(3)
This Part and Parts 4–7 do not apply to or in respect of the handling of food that is not intended for sale, other than the handling of milk and dairy products that are not intended for sale.
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(4) In this clause:
meat retail premises means retail premises on which raw meat
carcases are processed in some way (such as boning, slicing or
cutting), not being premises where all the meat sold is:
(a)
in a form ready to be consumed (such as is sold at a restaurant or take-away food shop), or
(b)
in a form commonly referred to as cook and chill (that is, cooked packaged meat that requires reheating before consumption).
milk vehicle vendor means a person who delivers milk by vehicle
and who sells the milk so delivered.
raw meat carcase includes a part of a raw meat carcase.
Division 2 Licensing of food businesses 8 Food business to be licensed
A person must not carry on a food business unless the person holds a licence authorising the carrying on of the food business.
9 Application for licence
(1) A person may apply to the Food Authority for a licence to carry
on a food business.(2) An application for a licence must:
(a) be made in a form approved by the Food Authority, and (b) be accompanied by an application fee of $50, and (c)
be accompanied by the licence fee (other than a licence fee under Division 7 of Part 7) as calculated by the applicant in accordance with the information provided in the application form, and
(d)
comply with any other requirements of this Regulation relating to applications for licences in respect of the type of food business concerned, and
(e)
be accompanied by such information as the Food Authority requires to determine the application.
(3)
The Food Authority may require further information to be provided by the applicant if the Food Authority considers that the information is necessary to determine the application.
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10 Issue of licences
(1) The Food Authority may, after considering an application for a
licence:
(a) grant the application, with or without conditions, or (b) refuse the application. (2) Without limiting the grounds on which the Food Authority may refuse to grant a licence, the Food Authority may refuse to grant a licence if it considers that there should be a food safety program for all or any of the food businesses proposed to be licensed and there is no such food safety program. (3) If the Food Authority decides to grant a licence but considers that the licence fee accompanying the application has been wrongly calculated by the applicant, the Food Authority must:
(a) refund the amount of any overpayment by the applicant, or (b) give notice in writing of any additional amount that is required to be paid including a statement that the Food Authority may refuse to issue the licence until that amount is paid. (4) If the Food Authority grants an application for a licence, it must issue the licence to the applicant in a form that sets out the following:
(a) the activities authorised by the licence, (b) the premises or vehicles on or in which such activities may be conducted, (c) the conditions to which the licence is subject. Note. The Act defines vehicle to mean any means of transport, whether self-propelled or not, and whether used on land or sea or in the air. (5) If the Food Authority refuses an application for a licence, it must give notice of the refusal in writing to the applicant setting out the reasons for the refusal and informing the applicant of the applicant’s rights of review under this Regulation. (6) If the Food Authority refuses an application for a licence, it is to refund any licence fee that was submitted by the applicant in connection with the application. 11 Duration of licence
(1)
A licence has effect for a period of one year after the date on which the licence was issued or last renewed, except during any period of suspension or unless sooner cancelled.
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(2) Despite subclause (1), if an application for renewal of a licence is made in accordance with this Regulation but the application is not finally determined before the expiry of the licence, the licence continues in force if not suspended or sooner cancelled until the application is finally determined. 12 Additional conditions of licence
In addition to any conditions of a licence imposed by the Food Authority under clause 10, it is a condition of a licence that the holder of the licence ensure that the provisions of the Act, this Regulation and the Food Standards Code are complied with in relation to the carrying on of any activity authorised by the licence and any premises or vehicle to which the licence relates.
13 Variation of terms and conditions of licence
(1) The Food Authority may vary any term of a licence or any
condition imposed by the Food Authority on a licence.(2)
The Food Authority may vary a term or condition of a licence only after having given the holder of the licence written notice of its intention to vary the term or condition setting out its reasons.
(3)
The notice must include a statement that the holder of the licence concerned may make submissions to the Food Authority in relation to the proposed variation within 14 days after the date of the notice.
(4)
Subclauses (2) and (3) do not apply to the variation of a term or condition of a licence at the request of the holder of the licence.
(5) A variation of a term or condition of a licence:
(a) must be made by notice in writing, and (b) must be served on the holder of the licence, and (c)
takes effect on the day on which the notice is served or on a later day specified in the notice.
(6)
The notice referred to in subclause (5) must set out the reasons for the variation and inform the holder of the licence of the rights of review under this Regulation.
(7) The Food Authority may charge the holder of a licence who
applies for a variation of the terms or conditions of the licence:
(a) an application fee of not more than $50, and (b)
if the Food Authority considers that any inspection or audit is required to enable it to determine the application
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properly, a charge for the inspection or audit in accordance
with clause 20.
(8) If the Food Authority varies a term or condition of a licence, it is to issue the holder of the licence with a replacement licence that takes account of the variation. Note. The holder of a licence will need to apply to the Food Authority for a variation under this clause of a term or condition of the licence if, for example, the holder proposes to change the activities authorised by the licence or the premises or vehicles on or in which such activities are conducted. 14 Suspension or cancellation of licence
(1) The Food Authority may suspend or cancel a licence:
(a)
if the Food Authority is satisfied that the suspension or cancellation is necessary to avert a potential threat to food safety, or
(b)
if the Food Authority is satisfied that there has been a contravention of any provision of the Act or this Regulation in relation to the carrying on of the food business authorised by the licence, or
(c)
if the Food Authority is satisfied that a condition to which the licence is subject has been contravened, or
(d)
if the Food Authority is of the opinion that the food safety program for the food business is inadequate or is not being properly implemented, or
(e)
if any amount due to the Food Authority under the Act by the holder of the licence is unpaid, or
(f)
if the Food Authority is of the opinion that the holder of the licence, or a person involved in the carrying on of the food business authorised by the licence, does not have the necessary capacity, experience or qualifications to ensure the safety of food for human consumption, or
(g) at the request of the holder of the licence. (2)
The Food Authority may suspend or cancel a licence only after having given the holder of the licence written notice of its intention to suspend or cancel the licence setting out its reasons.
(3)
The notice must include a statement that the holder of the licence concerned may make submissions to the Food Authority in relation to the proposed suspension or cancellation within 14 days after the date of the notice.
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(4) Subclauses (2) and (3) do not apply to the suspension or cancellation of a licence at the request of the holder of the licence. (5) The suspension or cancellation of a licence:
(a) must be made by notice in writing, and (b) must be served on the holder of the licence, and (c) takes effect on the day on which the notice is served or on a later day specified in the notice. (6) The notice referred to in subclause (5) must set out the reasons for the suspension or cancellation and inform the holder of the licence of the rights of review under this Regulation. (7) If a licence authorises the carrying on of more than one activity, the Food Authority may suspend the licence to the extent to which it authorises a particular activity or activities to be carried on. (8) If a licence authorises the carrying on of an activity at 2 or more premises or in or on 2 or more vehicles, the Food Authority may suspend the licence to the extent to which it authorises activities to be carried on at particular premises or in or on a particular vehicle. 15 Licence not transferable
A licence is not transferable.
16 Renewal of licence
(1) The holder of a licence is taken to apply for renewal of the
licence:
(a)
by paying the licence fee and, in the case of a licence that authorises the carrying on of a seafood business, the amount of any applicable levies under Divisions 7 and 8 of Part 7, as notified in writing to the holder by the Food Authority in accordance with clause 21, or
(b)
if the holder has been given permission by the Food Authority under that clause to pay the relevant amount by instalments, by paying the appropriate instalment.
(2) The Food Authority may:
(a) renew a licence with or without conditions, or (b) refuse to renew the licence.
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(3) Without limiting the grounds on which the Food Authority may refuse to renew a licence, the Food Authority may refuse to renew a licence on any ground on which the Food Authority could have suspended or cancelled the licence. (4) If the Food Authority renews a licence, the Food Authority is to issue a further licence in a form that sets out the conditions to which the licence is subject. (5) If the Food Authority refuses to renew a licence, the Food Authority must give notice of the refusal in writing to the applicant setting out the reasons for the refusal. (6) A notice referred to in subclause (5) must inform the applicant of
the applicant’s rights of review under this Regulation.(7) If the Food Authority refuses to renew a licence, the Food Authority is to refund any licence fee or levy that was submitted by the applicant in connection with the renewal. 17 Display of licence
(1)
The holder of a licence must ensure that, on every premises to which the licence relates, a copy of so much of the licence as is relevant to the premises is displayed.
Maximum penalty: 25 penalty units.
(2)
The holder of a licence must ensure that, on every vehicle to which the licence relates, a copy of so much of the licence as is relevant to the vehicle is carried.
Maximum penalty: 25 penalty units.
Division 3 Food safety programs 18 Content of food safety program
A food safety program must:
(a) comply with:
(i)
the principles and guidelines set out in the document entitled Hazard Analysis and Critical Control Point (HACCP) System and Guidelines For Its Application published by the Codex Alimentarius Commission, or
(ii) Standard 3.2.1 of the Food Standards Code, and (b)
meet any other requirements notified in writing by the Food Authority to the applicant for a licence or the holder of the licence for the food business concerned.
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19 Certification of food safety program
(1)
The Food Authority must certify a food safety program for a food business to which a licence or proposed licence relates if the Food Authority is satisfied that the food safety program complies with clause 18.
(2)
For the purposes of determining whether a proposed food safety program for a food business should be certified, the Food Authority may arrange for an authorised officer to conduct an audit of the food safety program.
Division 4 Inspections and audits 20 Charges for inspections and audits
(1) The charge payable for the carrying out by the Food Authority of:
(a) any inspection for the purposes of the Act in relation to a licence or application for a licence, or (b) any audit of any food safety program or proposed food safety program required by this Regulation, is $140 per hour with a minimum charge of half an hour (excluding time spent in travelling) plus $35 for travelling expenses.
(2)
The Food Authority may increase the amounts referred to in subclause (1) annually in accordance with the annual percentage increase (if any) in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.
(3) The charges payable under this clause are payable to the Food
Authority.(4) The Food Authority may reduce or waive payment of a charge in
a particular case or class of cases.
Division 5 Procedures for payment of licence fees and
levies21 Calculation and notification of licence fees
(1) A licence fee for a licence that authorises the carrying on of:
(a)
a dairy business is to be calculated in accordance with clause 58, or
(b)
a meat business is to be calculated in accordance with clause 132, or
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(c)
a plants products business is to be the fee determined from time to time by the Food Authority, or
(d)
a seafood business is to be calculated in accordance with clause 161 and, where applicable, clause 162.
(2)
If a licence authorises the carrying on of more than one food business, the licence fee is to be calculated as the total of the licence fees for each of those food businesses that would be applicable under subclause (1).
(3)
The Food Authority is to issue to each holder of a licence who is liable to pay a licence fee or levy under this Regulation a notice in writing before the expiration of the licence:
(a)
specifying the amount of the licence fee or levy and the period (being not less than 42 days after the issue of the notice) within which the licence fee or levy must be paid, and
(b)
specifying (where relevant) the method of calculating the amount of the licence fee or levy to be paid by that holder.
(4)
The holder of a licence may, before the expiration of the licence, apply to the Food Authority for approval to pay the licence fee or levy for a particular year by instalments.
(5)
An approval under this clause must be notified in writing to the holder of the licence concerned and must specify the amount of each instalment and the date by which each instalment must be paid.
(6)
The holder of a licence who has been given approval by the Food Authority to pay the licence fee or levy by instalments must pay each instalment in accordance with the terms of the approval.
(7)
If there is a failure by the holder of a licence who has approval to pay the licence fee or levy by instalments to pay the amount of an instalment by the date required in the approval, the total unpaid balance of the licence fee or levy may be treated by the Food Authority as an overdue amount even if payment by instalments has commenced.
(8) The Food Authority may reduce or waive payment of a licence
fee or levy in a particular case or class of cases.(9)
Without limiting subclause (8), if a licence is granted after the commencement of a year for which a licence fee or levy is payable, the Food Authority may reduce the licence fee or levy payable by the holder of the licence for that year by a proportionate amount.
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Division 6 Review of decisions of Food Authority 22 Review of decisions
A person may apply to the Administrative Decisions Tribunal for a review of the following decisions:
(a)
a decision to refuse to issue a licence to the person (other than a decision to refuse to issue the licence for non-payment of the whole or part of the licence fee),
(b)
a decision to issue a licence to the person subject to conditions imposed by the Food Authority,
(c)
a decision to vary the conditions of the person’s licence or to impose a condition on the person’s licence,
(d) a decision to suspend or cancel the person’s licence, (e)
a decision as to the assessment of the applicable licence fee for a licence held by the person,
(f)
a decision as to the applicable levy to be paid by the person under this Regulation,
(g)
a decision to revoke an approval as a meat safety officer under clause 128.
Part 4 Dairy food safety scheme Division 1 Preliminary 23 Definitions
In this Part:
dairy building means:
(a)
a building used for or in connection with the milking of milking animals for the purpose of producing milk that is supplied or to be supplied for sale, or
(b)
a building on a dairy farm, that is used for, or in connection with, the packaging of unprocessed goat’s milk that is supplied or is to be supplied for sale.
dairy business has the meaning given by clause 25.
dairy farm means any land or premises used for or in connection
with the stalling, grazing, feeding or milking of milking animals
for the purpose of producing milk that is supplied or to be
supplied for sale.
dairy farmer means a person who carries on the business of
producing milk on a dairy farm for human consumption.
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Dairy Industry Act means the Dairy Industry Act 2000.
dairy produce factory means any building or place at or in which:
(a) any milk or dairy product is produced or packaged, or (b) any milk is treated or processed after its production if the treatment or processing results in a product that is milk or a dairy product, or (c) any dairy product is treated or processed after its production if the treatment or processing results in a product that is a dairy product, but does not include a building or place used solely as a dairy building or dairy farm, or a building on a dairy farm that is used for, or in connection with, the packaging of unprocessed goat’s milk.
dairy produce merchant means any person:
(a) who is the occupier of a milk store, dairy produce factory or dairy produce store, or (b) who is a vehicle vendor. dairy produce store means any building or place at or in which any dairy product is stored, whether in a cold chamber or otherwise, but does not include any premises used solely for retail purposes.
dairy product means a food, not being milk, that contains:
(a)
at least 50 per cent (measured by weight) of either or both of the following:
(i) cow’s milk, (ii)
any substance produced from cow’s milk (but disregarding any weight of the substance not attributable to milk), or
(b)
at least 25 per cent (measured by weight) of either or both of the following:
(i) milk from a milking animal other than a cow, (ii)
any substance produced from milk from a milking animal other than a cow (but disregarding any weight of the substance not attributable to that milk), or
(c)
at least 50 per cent (measured by weight) of either or both of the following:
(i)
milk from any one or more species of milking animal,
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(ii) any substance produced from milk from any one or more species of milking animal (but disregarding any weight of the substance not attributable to that milk).
farm milk collector means any person who collects milk from a dairy farm for delivery or sale, or both, to a dairy produce merchant.
milk means the mammary secretion of a milking animal obtained from one or more milkings and intended for human consumption as a liquid or for further processing, but does not include colostrums.
milk store means any building or place used solely for the storage of processed milk, and includes any building and place at or from which milk is supplied, but does not include a dairy farm or a dairy building on a dairy farm.
milking animal vehicle vendor means a person who delivers milk by vehicle and who sells the milk so delivered.
means a cow, goat or sheep. published by the Food Authority, as in force from time to time.24 Dairy food safety scheme
The provisions of Part 3 and this Part are prescribed as a food safety scheme under Part 8 of the Act.
25 Meaning of “dairy business”
In this Part, dairy business means a business involving any of the following:
(a) the operation of a dairy farm, (b) the operation of a milk store, (c) the operation of a dairy produce factory, (d) the operation of a dairy produce store, (e)
the delivery of milk by vehicle and the sale of milk so delivered,
(f)
the collection of milk from a dairy farm for delivery or sale, or both, to a dairy produce merchant.
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Division 2 General requirements 26 Milk and cream must be pasteurised
(1) A person must not supply milk or cream for human consumption
unless:
(a)
the milk or cream has been pasteurised by one of the processes specified in Standard 1.6.2 (Processing requirements) of the Food Standards Code, and
(b)
in the case of cow’s milk or cream—the milk or cream does not exhibit a phosphatase activity equivalent to that required to give a reading in excess of 10 μg/mL of p-nitrophenol when tested immediately after pasteurisation by the current standard method in AS 2300, Methods of chemical and physical testing for the dairying industry.
(2) This clause does not apply:
(a) to a dairy farmer in respect of the supply of milk or cream by the dairy farmer to a dairy produce factory, or (b) to a dairy produce factory in respect of the supply of milk or cream by the dairy produce factory to another dairy produce factory, or (c) to goat’s milk or cream, but only if: (i) the milk or cream has been produced in compliance with a food safety program, and
(ii) in the case of milk or cream that is unpasteurised— the milk or cream bears a label that includes an advisory statement in accordance with clause 2 of Standard 1.2.3 of the Food Standards Code, or
(d)
to the supply of milk or cream by a dairy farmer, or dairy produce merchant, who is the holder of a licence to Dairy Farmers Milk Co-operative Limited (ARBN 108 690 384), or
(e)
to the supply of milk or cream by Dairy Farmers Milk Co-operative Limited if the conditions set out in subclause (3) are complied with in relation to that supply.
(3) For the purposes of subclause (2) (e), the following conditions
must be complied with:
(a)
Dairy Farmers Milk Co-operative Limited must obtain the milk or cream from a dairy farmer, or dairy produce merchant, who is the holder of a licence,
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(b) Dairy Farmers Milk Co-operative Limited must supply the milk or cream to a licensed dairy produce factory, (c) Dairy Farmers Milk Co-operative Limited must not deal with, or handle, the milk or cream except by obtaining it or supplying it in accordance with paragraphs (a) and (b) or disposing of it in a manner that will ensure that it cannot be used for the purposes of human consumption. 27 Protection of milk and dairy products on premises
Milk and dairy products at dairy farms, a milk store, a dairy produce factory or a dairy produce store must be kept, stored and treated in a manner that will protect the milk or dairy products at all times from all conditions or situations that may allow contamination to enter, or cause spoilage or tainting of, the milk or dairy products.
28 Protection of milk and dairy products being transported
The holder of a licence that authorises the transport of milk or dairy products must ensure that the milk or dairy products are transported in a manner that will protect the milk or dairy products at all times from all conditions or situations that may allow contamination to enter, or cause spoilage or tainting of, the milk or dairy products.
29 Requirements for production, manufacturing and storage areas
Products and materials must not be stored in the production area, manufacturing area, milk or dairy products storage area or packaging materials storage area of dairy premises, a milk store, a dairy produce factory or a dairy produce store, except those products and materials that are used:
(a)
in the production or manufacture of milk, dairy products or other foods, or
(b)
in the cleaning and sanitising of buildings and equipment used in connection with the production or manufacture of milk, dairy products or other foods.
Division 3 Requirements for dairy buildings and dairy
farms30 Licence requirements in relation to dairy buildings
(1)
The Food Authority must not grant or renew an application for a licence that authorises the carrying on of a dairy business unless
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it is satisfied that any building proposed to be used by the
applicant as a dairy building:
(a)
complies with the requirements set out in the publication Code of Practice for Dairy Buildings published by Safe Food, or
(b)
is constructed in a way that is capable of delivering at least an equivalent outcome in terms of safe food production as a building that complies with the requirements referred to in paragraph (a).
(2) If a dairy building used by the holder of a licence is substantially altered, added to or rebuilt after the licence is granted or renewed, the building must not be used as a dairy building except with the approval of the Food Authority and in accordance with any conditions of the approval. (3) An application for approval must be made in a form approved by the Food Authority and must be accompanied by such documents and information as the Food Authority may require. (4) The Food Authority may grant an approval subject to such
conditions as the Food Authority considers appropriate.31 Equipment in dairy buildings
A building must not be used as a dairy building unless equipment in the building used for or in connection with the milking of milking animals complies with the requirements set out in the publication Code of Practice for Dairy Buildings published by Safe Food, or the Food Authority otherwise approves in the particular case.
32 Maintenance
(1) A dairy building must be maintained in good repair and clean
condition.(2) Equipment in a dairy building used for or in connection with the milking of milking animals must be maintained in a serviceable and hygienic condition. 33 Cooling or packaging of milk
Milk harvested at dairy farms must, within 3 hours and
30 minutes after the commencement of milking:
(a) be processed or packaged, or
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(b) be cooled to a temperature that is 4 degrees Celsius or less and must be kept at that temperature during storage at the premises. 34 Sampling and testing
The holder of a licence authorising the operation of a dairy produce factory must ensure that the following requirements are complied with in respect of milk collected from dairy farms for delivery to the dairy produce factory:
(a) milk must be sampled and sensory graded, and a record made of the volume and temperature of the milk and of the results of the sensory grading, by an appropriately qualified person, (b) samples of milk must be taken, stored, transported and treated in accordance with the requirements of the NSW Dairy Manual, (c) a sample of milk taken at dairy farms for microbiological testing must be a representative sample and must be taken aseptically, (d) when a sample is taken for the purpose of testing for the presence of any anti-microbial drug residue, the sample must be a representative sample, (e) milk received at a dairy produce factory must be tested in accordance with the requirements of the NSW Dairy Manual and a record of the test results kept at the factory and available for inspection for at least 12 months after the test, (f) milk must not be processed for human consumption and must not be used in the manufacture of dairy products unless it complies with the requirements of the following standards of the Food Standards Code with respect to metals, chemical residues, drug residues and contaminants:
(i) Standard 1.4.1 (Contaminants and Natural Toxicants), (ii) Standard 1.4.2 (Maximum Residue Limits),
(iii) Standard 2.5.1 (Milk). 35 Milk collection
The holder of a licence that authorises the operation of a dairy produce factory must ensure that the following requirements are
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complied with in respect of the collection of milk from dairy
farms for delivery to the dairy produce factory:
(a) the frequency of milk collection from dairy farms must be such as to permit the cleaning and sanitising of the farm vat after emptying and before any more milk is placed in the vat, (b) milk is not to be collected from any farm vat unless the temperature has been reduced to 4 degrees Celsius or less, unless specifically authorised in a particular case by the Food Authority, (c) milk collection must be in accordance with the requirements of the publication Code of Practice for Collection of Milk from Dairy Farms published by Safe Food. 36 Audit and inspection frequency
(1)
Dairy farms at which a certified food safety program has been implemented are to be audited by the Food Authority at the frequency provided for by the NSW Dairy Manual.
(2)
Dairy farms at which no certified food safety program has been implemented are to be inspected by the Food Authority at the frequency determined by the Food Authority from time to time.
Division 4 Requirements for dairy produce factories,
dairy produce stores and milk stores37 Building not to be used without licence
(1)
The Food Authority must not grant or renew an application for a licence that authorises the operation of a dairy produce factory, dairy produce store or milk store unless it is satisfied that any building proposed to be used by the applicant as a dairy produce factory, dairy produce store or milk store complies with the requirements applicable in respect of the building under clause 39.
(2)
If a building authorised by a licence to be used as a dairy produce factory, dairy produce store or milk store is substantially altered, added to or rebuilt after the licence is granted or renewed, the building must not be used as a dairy produce factory, dairy produce store or milk store except with the approval of the Food Authority and in accordance with any conditions of the approval.
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(3) An application for approval must be made in an approved form and must be accompanied by such documents and information as the Food Authority may require. (4) The Food Authority may grant an approval subject to such
conditions as the Food Authority considers appropriate.38 Requirements of Export Control Orders to apply
(1) Such of the requirements of Schedules 2 and 3 of the Export Control (Dairy, Eggs and Fish) Orders 2005 as are applied to this Scheme under the NSW Dairy Manual apply as part of this Scheme to and in respect of a dairy produce factory, dairy produce store or milk store. (2) Those provisions so apply with such modifications as may be
provided for by the NSW Dairy Manual.(3) In this clause:
Export Control (Dairy, Eggs and Fish) Orders 2005 means the
Export Control (Dairy, Eggs and Fish) Orders 2005 issued by the
Commonwealth Department of Agriculture, Fisheries and
Forestry as in force from time to time.39 Cleaning and repair of buildings and equipment
The following requirements apply in respect of the premises and buildings that comprise a dairy produce factory, milk store or dairy produce store and the equipment used there:
(a) the premises and buildings must be kept clean and in good repair, (b) equipment must be cleaned immediately after use and kept clean prior to reuse, and must be kept in a clean and sanitary condition and in good repair, (c) the premises, buildings and equipment must not be used to manufacture, process or pack any product other than food for human consumption, unless the Food Authority otherwise approves in a particular case. 40 Audit and inspection frequency
(1)
A dairy produce factory, milk store or dairy produce store at which a food safety program has been implemented is to be audited by the Food Authority at the frequency provided for by the NSW Dairy Manual.
(2)
A dairy produce factory, milk store or dairy produce store at which no food safety program has been implemented is to be
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inspected by the Food Authority at the frequency determined by
the Food Authority from time to time.41 Cooling of milk
(1) Milk received at a dairy produce factory must be cooled immediately to and held at a temperature of not more than 5 degrees Celsius until its use in manufacture or dispatch to another dairy produce factory. (2) This clause does not apply to milk that is processed or packaged within 3 hours and 30 minutes after the commencement of milking. 42 Records to be kept
(1)
The holder of a licence that authorises the operation of a dairy produce factory must ensure that a record is kept of the details of:
(a)
all milk, cream and other food ingredients received at the dairy produce factory for the manufacture of milk and dairy products, and
(b)
all milk and dairy products dispatched by the dairy produce factory to another dairy produce factory, and
(c)
the quantity, container type and size, date code or product batch number of each type of dairy product manufactured at and distributed from the dairy produce factory.
(2) A record required by this clause must be kept at the dairy produce factory for not less than 12 months or the accepted shelf-life of the product to which the record relates, whichever is longer. 43 Testing of milk consigned from one dairy produce factory to another
(1)
If raw milk is consigned from one dairy produce factory to another, the milk must be tested by the manager of each factory in accordance with the requirements as to test methods, standards and test frequencies specified in the NSW Dairy Manual.
(2)
The results of those tests must be advised by the manager of the consignor dairy produce factory to the manager of the consignee dairy produce factory prior to acceptance of the milk at the consignee dairy produce factory.
(3) A record of the results of the tests must be kept at each factory for
not less than 12 months.
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44 Temperature of milk consigned between dairy produce factories
Milk consigned from a dairy produce factory must not be accepted at another dairy produce factory if the temperature of the milk is more than 5 degrees Celsius on arrival at the other dairy produce factory.
45 Temperature and storage of milk and cream at factories
(1)
When milk or cream is stored at a dairy produce factory pending processing, it must be kept at a temperature of not more than 5 degrees Celsius unless it is processed within 3 hours and 30 minutes after the commencement of milking.
(2)
When milk or cream is stored at a dairy produce factory where it will be packaged only, it must be kept at a temperature of not more than 5 degrees Celsius prior to packaging unless it is packaged within 3 hours and 30 minutes after the commencement of milking.
(3)
After processing of milk or cream at a dairy produce factory and prior to packaging, the milk or cream must be kept at a temperature of not more than 5 degrees Celsius.
(4)
Packaged milk and cream (other than commercially sterile products) must be cooled to and kept at a temperature of not more than 5 degrees Celsius after packaging.
(5)
In this clause, commercially sterile product means a milk or cream product that has been heat treated sufficiently to render it free of:
(a) micro-organisms capable of reproducing in the food under normal non-refrigerated conditions of storage and distribution, and (b) viable micro-organisms, including spores, of public health significance. 46 Milk for manufacture
Milk and milk components used for the manufacture of dairy products for human consumption:
(a)
must be processed as required by Standard 1.6.2 (Processing requirements) of the Food Standards Code, and
(b)
in the case of cow’s milk or milk components—must not exhibit a phosphatase activity equivalent to that required to give a reading in excess of 10 μg/mL of p-nitrophenol when tested immediately after pasteurisation by the
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current standard method in AS 2300.1.10—1988, Methods of chemical and physical testing for the dairying industry—General methods and principles— Determination of phosphatase activity.
47 Pasteuriser requirements
(1) Equipment used for the pasteurisation of milk or milk components at a dairy produce factory:
(a)
must comply with the requirements of the NSW Dairy Manual, and
(b)
must be cleaned, sterilised and maintained in accordance with the requirements of the NSW Dairy Manual.
(2) When milk is pasteurised at a dairy produce factory, a record must be made in respect of the pasteurisation as required by the NSW Dairy Manual. (3) A record required by subclause (2) must be kept at the dairy produce factory for not less than 12 months or the accepted shelf-life of the product to which the record relates, whichever is longer. 48 Standards and testing of milk and dairy products
(1) The holder of a licence that authorises the operation of a dairy produce factory must ensure that finished milk and dairy products produced at the factory for human consumption comply with the standards specified in the Food Standards Code. (2) The holder of a licence that authorises the operation of a dairy produce factory must ensure that finished milk and dairy products produced at the factory are tested for compliance with the microbiological standards specified in the NSW Dairy Manual. (3) A failure result in a test for the purposes of subclause (2) must be followed up by testing of all subsequent batches of the same product produced at the dairy produce factory until a satisfactory result is achieved. 49 Control of Salmonella
Measures for the control of Salmonella contamination in dried milk products in a dairy produce factory must be carried out in accordance with the requirements of the publication Australian Manual for the Control of Salmonella in the Dairy Industry published by the Australian Dairy Authorities Standards Committee.
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50 Control of Listeria
Measures for the control of Listeria contamination in a dairy produce factory must be carried out in accordance with the requirements of the publication Australian Manual for the Control of Listeria in the Dairy Industry published by the Australian Dairy Authorities Standards Committee.
51 Product recall procedure
(1) A dairy produce factory must have a documented product recall
and retrieval procedure in place at the factory.(2) The recall procedure must be in accordance with the Food Industry Recall Protocol published by Food Standards Australia New Zealand. 52 Use of a milk tanker or vessel used for bulk milk transport
The holder of a licence that authorises the operation of a milk tanker or vessel that is used for the bulk transport of milk must ensure that the tanker or vessel is not used for any purpose except:
(a) the collection of milk from dairy farms, or (b) the transportation of milk or cream, or (c) the transportation of clean water or food-grade liquids that will not contaminate or affect the quality of milk or cream or leave residual odours. 53 Cleanliness of a milk tanker or vessel used for bulk milk transport
The holder of a licence that authorises the operation of a milk tanker or vessel that is used for the bulk transport of milk must ensure that the tanker or vessel is not used to transport milk or cream unless the tanker or vessel is in good repair and has been cleaned to ensure that its interior surfaces are free of contaminants and that there are no unusual odours in the tanker or vessel.
54 Standards for milk and dairy produce stores
(1)
Packaged milk and cream (other than commercially sterile products) stored at a milk store or dairy produce store must be kept at a temperature of not more than 5 degrees Celsius during storage.
(2)
Any other dairy product stored at a milk store or dairy produce store must be kept at a temperature of not more than 5 degrees Celsius during storage or at some other temperature that can be
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demonstrated to the satisfaction of the Food Authority to not
adversely affect the microbiological safety of the product.55 Records to be kept by milk and dairy produce stores
(1)
The holder of a licence that authorises the operation of a milk store or dairy produce store must ensure that records are kept of the details of all packaged milk, cream or dairy products received at and distributed from the store.
(2)
A record required by this clause must be kept at the milk store or dairy produce store for not less than 12 months or the accepted shelf-life of the product to which the record relates, whichever is longer.
Division 5 Requirements for vehicle vendors 56 Handling of milk and dairy products
The holder of a licence that authorises the delivery of milk by vehicle and the sale of the milk so delivered must ensure that:
(a) milk and dairy products in the vehicle are kept at a temperature of not more than 5 degrees Celsius, unless the Food Authority otherwise approves in a particular case or class of cases, and (b) without limiting paragraph (a), milk and dairy products in the vehicle are not placed or kept in such a manner that the product will be deteriorated whether by heat or injurious smells, or by the proximity of unclean matter or by any other means. 57 Audit and inspection frequency
(1)
The holder of a licence that authorises the delivery of milk by vehicle and the sale of the milk so delivered and who has implemented a food safety program in relation to those activities is to be audited by the Food Authority at the frequency provided for by the NSW Dairy Manual.
(2)
The holder of a licence that authorises the delivery of milk by vehicle and the sale of the milk so delivered and who has not implemented a food safety program in relation to those activities is to be inspected by the Food Authority at the frequency determined by the Food Authority from time to time.
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Division 6 Miscellaneous 58 Licence fees
(1)
The holder of a licence that authorises the carrying on of a dairy business is liable to pay a licence fee determined in accordance with this clause and section 139 of the Act.
(2)
The amount of the licence fee is the fee determined by the Food Authority or the fee calculated on the basis determined by the Food Authority.
(3) The Food Authority may determine a fee, or a basis for
calculating a fee, for the purposes of subclause (2) that:
(a) applies generally or is limited in its application by reference to specified exceptions or factors, or (b) applies differently according to different factors of a specified kind. 59 Industry consultation
The following bodies are declared to be consultative bodies for the purposes of the consultation referred to in section 105 of the Act in respect of this Scheme:
(a)
in relation to cow’s milk and cow dairy products—the New South Wales Dairy Industry Conference constituted by the Dairy Industry Act,
(b)
in relation to goat’s milk or sheep’s milk and goat or sheep dairy products—the New South Wales Goat and Sheep Milk Industry Conference.
Part 5 Meat food safety scheme Division 1 Preliminary 60 Definitions
(1) In this Part and Schedules 2–11:
abattoir means premises used for or in connection with the
slaughtering of abattoir animals for human consumption, and
includes:
(a)
buildings used in connection with the slaughtering, handling, drafting or keeping of abattoir animals for human consumption at any premises so used, and
(b) holding yards and the like.
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abattoir animal means any of the following animals that is not a
game animal:
(a)
any bull, ox, steer, cow, heifer, calf, ram, ewe, wether, hogget, lamb, goat, kid, swine, buffalo, crocodile, deer or rabbit,
(b) any bird. abattoir meat means meat that is from an abattoir animal and that
is intended for human consumption.
animal means an abattoir animal, game animal or knackery
animal.
animal food means food intended for consumption by animals.animal food processing plant means any premises where:
(a)
in the course of a business (being a business of preparing or selling animal food) meat or fish or any product of meat or fish is stored, packed, packaged, processed, treated, boned or cut up, or
(b)
in the course of a business, processed animal food is produced,
but does not include:
(c)
an abattoir, knackery, meat processing plant or game meat processing plant, or
(d) meat retail premises. animal food van means any vehicle used for the conveyance of
meat intended for use as animal food.
ARMCANZ means the Agricultural Resources Management
Council of Australia and New Zealand.
bird includes ratite.
game animal means any of the following animals that is not husbanded in the manner of a farmed animal and is killed in the field:
(a)
any goat, kid, swine, deer, rabbit, camel, donkey, horse, hare or bird,
(b)
any fauna permitted to be taken and killed for the purposes of sale in accordance with a licence under the National Parks and Wildlife Act 1974.
game meat means meat that is from a game animal and that is
intended for human consumption.
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game meat inspector means:
(a)
in relation to the inspection of game meat for human consumption—a person approved in writing to inspect game animals for human consumption, or
(b)
in relation to the inspection of game meat for use as animal food—a person approved in writing to inspect game animals for use as animal food.
game meat processing plant means any premises where, in the
course of a business:
(a)
dead game animals intended for human consumption are, or game meat is, stored, packed, packaged, processed, treated, boned or cut up, or
(b) processed meat is produced from game meat, but does not include:
(c) an abattoir, or (d) meat retail premises. game meat van means any vehicle that is used for the conveyance
of meat that is game meat.
hogget means an ovine animal that has cut at least one, but no
more than 2, permanent incisor teeth.
knackery means premises used for or in connection with the
slaughtering of knackery animals for use as animal food, or for orin connection with the destruction of animals, and includes:
(a) buildings used in or in connection with the slaughtering, destruction, handling, drafting or keeping of any such animals at any premises so used, and (b) holding yards and the like. knackery animal means horse, donkey, kangaroo, buffalo, deer, bull, ox, steer, cow, heifer, calf, ram, ewe, wether, hogget, lamb, goat, kid, swine, rabbit or bird.
knackery meat means meat that is from a knackery animal and
that is intended for use as animal food.
lamb means an ovine animal that has not cut a permanent incisor
tooth.
licensed premises means premises in respect of which a licence
is in force.
licensed vehicle means a vehicle in respect of which a licence is
in force.
meat means the whole or any part of the carcase of an animal, but
does not include processed meat or processed animal food.
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meat business has the meaning given by clause 62.
meat processing plant means any premises where, in the courseof a business:
(a)
abattoir meat is stored, packed, packaged, processed, treated, boned or cut up, or
(b) processed meat is produced from abattoir meat, but does not include:
(c) an abattoir, or (d) meat retail premises. meat retail premises means premises where meat is sold by retail and on which raw meat carcases or parts of raw meat carcases are processed in some way (such as boning, slicing or cutting), not being premises where, in any week during the preceding calendar year, more than one tonne of meat was sold by wholesale or where all the meat sold is:
(a) in a form ready to be consumed (such as is sold at a restaurant or take-away food shop), or (b) in a form commonly referred to as cook and chill (that is, cooked packaged meat that requires reheating before consumption). meat safety officer, in relation to an abattoir, means the meat safety officer appointed for the abattoir in accordance with clause 126.
meat van means any vehicle used for the conveyance of meat that
is abattoir meat.minimum standards means, in relation to:
(a)
an abattoir—the minimum standards specified in clause 66, or
(b)
a meat processing plant—the minimum standards specified in clause 70, or
(c)
a game meat processing plant—the minimum standards specified in clause 74, or
(d)
a meat van—the minimum standards specified in clause 79, or
(e)
a game meat van—the minimum standards specified in clause 84, or
(f)
a knackery—the minimum standards specified in clause 88, or
(g)
a rendering plant—the minimum standards specified in clause 91, or
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(h) an animal food processing plant—the minimum standards specified in clause 95, or (i) an animal food van—the minimum standards specified in clause 99, or
(j)
meat retail premises—the minimum standards specified in clause 101.
operational standards means, in relation to:
(a) an abattoir—the operational standards specified in clause 67, or (b) a meat processing plant—the operational standards specified in clause 71, or (c) a game meat processing plant—the operational standards specified in clause 75, or (d) a meat van—the operational standards specified in clause 80, or (e) a game meat van—the operational standards specified in clause 85, or (f) a knackery—the operational standards specified in clause 89, or (g) a rendering plant—the operational standards specified in clause 92, or (h) an animal food processing plant—the operational standards specified in clause 96, or (i) meat retail premises—the operational standards specified in clause 102.
processed animal food means any product of a manufacturing process that contains meat that is intended for use as animal food. processed meat means any product of a manufacturing process that contains abattoir meat or game meat and that is intended for human consumption, but does not include any such product that is cooked and requires reheating in order to be ready to eat.
rendering plant means any premises where animal by-products are rendered or boiled down, but does not include an abattoir or a knackery.
(2)
A reference in this Part to premises or a vehicle used for a purpose includes a reference to premises or a vehicle intended to be used for the purpose.
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61 Meat food safety scheme
The provisions of Part 3, this Part and Schedules 2–11 are prescribed as a food safety scheme under Part 8 of the Act.
62 Meaning of “meat business”
In this Part, meat business means a business involving the operation of any of the following:
(a) an abattoir, (b) a meat processing plant, (c) a game meat processing plant, (d) a meat van, other than solely for the purpose of conveying abattoir meat from retail premises that has been sold by retail, (e) a game meat van, (f) a knackery, (g) a rendering plant, (h) an animal food processing plant, (i) an animal food van,
(j) meat retail premises.
Division 2 Classes of licence 63 Classes of licence
A licence authorising the carrying on of a meat food business may authorise any of the following classes of activity:
(a) the operation of an abattoir, (b) class 1, 2 or 3 meat processing, (c) class 1, 2, 3, 4 or 5 game meat processing, (d) the operation of a class 1, 2 or 3 meat van, (e) the operation of a class 1, 2, 3, 4, 5 or 6 game meat van, (f) the operation of a knackery, (g) the operation of a rendering plant, (h) class 1, 2, 3 or 4 animal food processing, (i) the operation of a class 1, 2 or 3 animal food van,
(j) the operation of meat retail premises.
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Division 3 Abattoirs 64 Additional requirements for applications for abattoir licences
(1) An application for a licence authorising the operation of an
abattoir must be accompanied by:
(a)
a copy of any consent required by or under the Environmental Planning and Assessment Act 1979, and
(b) a site plan showing:
(i) the location and dimensions of the site, and (ii) the fall, if any, of the land comprising the site, and
(iii)
the location of any watercourse adjacent to or passing through the site, and
(iv)
the names and widths of any roads adjacent to the site, and
(v)
the location of any railway lines adjacent to or passing through the site, and
(vi)
the location of all existing and proposed buildings or other structures on the site, and
(vii) the direction of true north, and (c)
a floor plan showing the dimensions of all floor areas and the location of all appliances proposed to be used in connection with the slaughtering of animals or the dressing and processing of carcases, and
(d)
a drainage plan showing proposals for floor drainage and effluent disposal and the location of hot and cold water outlets, hand-washing facilities and carcase-washing facilities, and
(e)
a roof plan showing details of the roof structure of all existing and proposed buildings and the location of any existing or proposed skylights or vents, and
(f)
longitudinal and cross-sectional drawings of all existing and proposed buildings, indicating the finish to be provided for walls, floors and partitions, the heights above floor level of all rails proposed to be used for the carriage of carcases or meat and the location of all appliances proposed to be used in connection with the slaughtering of animals or dressing and processing of carcases, and
(g)
elevation drawings of each side of all existing and proposed buildings, showing the sizes and positions of all doorways, windows and other openings, and
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(h) written specifications of materials to be used in the construction of all proposed buildings and other structures and of all appliances proposed to be used in connection with the slaughtering of animals or dressing and processing of carcases. (2) The drainage plan referred to in subclause (1) may be incorporated with the site plan or floor plan referred to in that subclause.
(3) Any thing required to be shown on a plan or drawing referred to
in subclause (1) may be shown on a separate plan or drawing.(4) Plans and drawings must be prepared in a professional manner. 65 Applications to alter abattoir premises
(1)
An application to the Food Authority for its permission in respect of any structural alterations or additions to the premises to which a licence that authorises the operation of an abattoir relates is to be made in an approved form.
(2) The applicant must furnish to the Food Authority:
(a)
such plans and drawings relating to the structural alterations or additions as the Food Authority may require, and
(b)
such written specifications of materials to be used in the construction of all proposed buildings and other structures and of all appliances proposed to be used in those buildings or structures as the Food Authority may require.
(3) Plans and drawings must be prepared in a professional manner. 66 Minimum standards for abattoirs
The minimum standards for an abattoir are as follows:
(a)
in relation to an abattoir at which the slaughtering of meat (other than poultry meat, rabbit meat, ratite meat or crocodile meat) is authorised by the licence—the standards specified in the publication titled AS 4696—2002, The hygienic production and transportation of meat and meat products for human consumption published by Standards Australia, as in force from time to time,
(b)
in relation to an abattoir at which the slaughtering of poultry meat is authorised by the licence—the standards specified in the publication titled Australian Standard for Hygienic Production of Poultry Meat for Human
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Consumption published by ARMCANZ, as in force from time to time,
(c) in relation to an abattoir at which the slaughtering of rabbit meat is authorised by the licence—the standards specified in the publication titled Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption published by ARMCANZ, as in force from time to time, (d) in relation to an abattoir at which the slaughtering of ratite meat is authorised by the licence—the standards specified in the publication titled New South Wales Code of Practice for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption published by the Food Authority, as in force from time to time, (e) in relation to an abattoir at which the slaughtering of crocodile meat is authorised by the licence—the standards specified in the publication titled Australian Standard for Hygienic Production of Crocodile Meat for Human Consumption published by ARMCANZ, as in force from time to time, (f) in relation to an abattoir at which the slaughtering of more than one type of meat referred to in the preceding paragraphs is authorised by the licence—the minimum standards specified in each of the relevant paragraphs. 67 Operational standards for abattoirs
The operation of an abattoir must comply with the requirements
of:
(a) each of the following:
(i)
an approved hazard analysis critical control point program,
(ii)
the publication titled AS 4696—2002, The hygienic production and transportation of meat and meat products for human consumption published by Standards Australia, as in force from time to time,
(iii)
the publication specified in clause 66 in relation to an abattoir of the same type,
(iv)
clause 9 of Standard 1.6.2 of the Food Standards Code, or
(b)
an approved quality assurance program that incorporates the principles of a hazard analysis critical control point program.
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Division 4 Meat processing plants 68 Additional requirements for applications for licences in respect of meat processing
(1) An application for a licence that authorises the operation of a
meat processing plant must be accompanied by:
(a)
such plans and drawings as the Food Authority may require, and
(b)
such written specifications of materials to be used in the construction of all proposed buildings and other structures and of all appliances proposed to be used in connection with any proposed meat processing operations as the Food Authority may require.
(2) Plans and drawings must be prepared in a professional manner. 69 Classes of meat processing licence
The Food Authority may issue:
(a) a licence that authorises class 1 meat processing in respect of a meat processing plant comprising premises where processed meat in the form of ham, bacon, sausages or cooked meat, or salted, smoked, pickled or cured abattoir meat is produced, or (b) a licence that authorises class 2 meat processing in respect of a meat processing plant comprising premises where abattoir meat is stored or packed for the purpose of being stored, but not packaged, processed, treated, boned or cut up, or (c) a licence that authorises class 3 meat processing in respect of a meat processing plant comprising premises other than premises referred to in paragraph (a) or (b). 70 Minimum standards for meat processing plants
The minimum standards for meat processing plants are as follows:
(a)
in relation to a meat processing plant at which the processing of meat (other than poultry meat, rabbit meat, ratite meat or crocodile meat) is authorised by the licence—the standards specified in the publication titled AS 4696—2002, The hygienic production and transportation of meat and meat products for human consumption published by Standards Australia, as in force from time to time,
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(b) in relation to a meat processing plant at which the processing of poultry meat is authorised by the licence— the standards specified in the publication titled Australian Standard for Hygienic Production of Poultry Meat for Human Consumption published by ARMCANZ, as in force from time to time, (c) in relation to a meat processing plant at which the processing of rabbit meat is authorised by the licence—the standards specified in the publication titled Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption published by ARMCANZ, as in force from time to time, (d) in relation to a meat processing plant at which the processing of ratite meat is authorised by the licence—the standards specified in the publication titled New South Wales Code of Practice for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption published by the Food Authority, as in force from time to time, (e) in relation to a meat processing plant at which the processing of crocodile meat is authorised by the licence— the standards specified in the publication titled Australian Standard for Hygienic Production of Crocodile Meat for Human Consumption published by ARMCANZ, as in force from time to time, (f) in relation to a meat processing plant at which the processing of more than one type of meat referred to in the preceding paragraphs is authorised by the licence—the minimum standards specified in each of the relevant paragraphs. 71 Operational standards for meat processing plants
The operation of a meat processing plant must comply with the requirements of:
(a) each of the following:
(i)
an approved hazard analysis critical control point program,
(ii)
the publication titled AS 4696—2002, The hygienic production and transportation of meat and meat products for human consumption published by Standards Australia, as in force from time to time,
(iii)
the publication specified in clause 70 in relation to a meat processing plant of the same type,
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(iv) clause 9 of Standard 1.6.2 of the Food Standards Code, or
(b)
an approved quality assurance program that incorporates the principles of a hazard analysis critical control point program.
Division 5 Game meat processing plants 72 Additional requirements for applications for game meat processing licences
(1) An application for a licence that authorises the operation of a
game meat processing plant must be accompanied by:
(a)
such plans and drawings as the Food Authority may require, and
(b)
such written specifications of materials to be used in the construction of all proposed buildings and other structures and of all appliances proposed to be used in connection with any proposed game meat processing operations as the Food Authority may require.
(2) Plans and drawings must be prepared in a professional manner. 73 Classes of game meat processing licence
The Food Authority may issue:
(a)
a licence that authorises class 1 game meat processing in respect of a game meat processing plant comprising premises where processed game meat in the form of sausages or cooked meat, or salted, smoked, pickled or cured game meat is produced, or
(b)
a licence that authorises class 2 game meat processing in respect of a game meat processing plant comprising premises where game meat (except in the form of unflayed game meat carcases) is stored or packed for the purpose of being stored, but not packaged, processed, treated, boned or cut up, or
(c)
a licence that authorises class 3 game meat processing in respect of a game meat processing plant comprising premises other than premises referred to in paragraph (a), (b), (d) or (e), or
(d)
a licence that authorises class 4 game meat processing in respect of a game meat processing plant comprising premises where game meat in the form of unflayed
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carcases is stored but not packaged, processed, treated,
boned or cut up, or
(e) a licence that authorises class 5 game meat processing in respect of a game meat processing plant comprising premises where game meat is treated, boned or cut up. 74 Minimum standards for game meat processing plants
The minimum standards for game meat processing plants are the standards specified in the publication titled Australian Standard for Hygienic Production of Game Meat for Human Consumption published by ARMCANZ, as in force from time to time.
75 Operational standards for game meat processing plants
The operation of a game meat processing plant must comply with the requirements of:
(a) each of the following:
(i)
an approved hazard analysis critical control point program,
(ii)
the publication specified in clause 74 in relation to a game meat processing plant of the same type,
(iii)
clause 9 of Standard 1.6.2 of the Food Standards Code, or
(b)
an approved quality assurance program that incorporates the principles of a hazard analysis critical control point program.
Division 6 Meat vans 76 Applicants to present meat vans for inspection
The Food Authority may require an applicant for the issue of a licence that authorises the operation of a meat van to present the vehicle in respect of which the application is made for inspection by the Food Authority at such time and place as the Food Authority may determine.
77 Meat van labels
(1)
The Food Authority is to issue to the holder of a licence that authorises the operation of a meat van a licensing label in respect of the vehicle to which the licence relates.
(2)
The licensing label issued by the Food Authority must be displayed in an approved position on the vehicle in respect of
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which it is issued whenever the vehicle is being operated as a
meat van in the course of carrying on a business.78 Issue of licence in respect of class 1, 2 or 3 meat van
The Food Authority may issue:
(a) a licence that authorises the operation of a class 1 meat van in respect of a meat van fitted with rails from which abattoir meat conveyed in the van is to be suspended, or (b) a licence that authorises the operation of a class 2 meat van in respect of a vehicle that is not a meat van referred to in paragraph (a) or (c), or (c) a licence that authorises the operation of a class 3 meat van in respect of a vehicle that is used in the course of a business as a meat van, solely on journeys that in normal circumstances do not exceed 1 hour for the conveyance of:
(i) frozen abattoir meat from a cold store to a port, or (ii) abattoir meat, that has been packed in cartons and secured to pallets, from the point of preparation to a cold store. 79 Minimum standards for meat vans
The minimum standards for meat vans are:
(a) for a class 1 or class 2 meat van—the standards specified in Part 8 of AS 4696—2002, The hygienic production and transportation of meat and meat products for human consumption published by Standards Australia, as in force from time to time, and (b) for a class 3 meat van—the standards specified in Schedule 2. 80 Operational standards for meat vans
The operation of a meat van must comply with the requirements
of:
(a)
Part 8 of AS 4696—2002, The hygienic production and transportation of meat and meat products for human consumption published by Standards Australia, as in force from time to time, or
(b)
an approved quality assurance program that incorporates the principles of a hazard analysis critical control point program.
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Division 7 Game meat vans 81 Applicants to present game meat vans for inspection
The Food Authority may require an applicant for the issue of a licence that authorises the operation of a game meat van to present the vehicle in respect of which the application is made for inspection by the Food Authority at such time and place as the Food Authority may determine.
82 Game meat van labels
(1) The Food Authority is to issue to the holder of a licence that authorises the operation of a class 1, 2, 3, 4, 5 or 6 game meat van a licensing label in respect of the vehicle to which the licence relates. (2) The licensing label issued by the Food Authority must be displayed in an approved position on the vehicle in respect of which it is issued whenever the vehicle is being operated as a game meat van in the course of carrying on a business. 83 Issue of licence in respect of class 1, 2, 3, 4, 5 or 6 game meat van
The Food Authority may issue:
(a)
a licence that authorises the operation of a class 1 game meat van in respect of a game meat van fitted with rails from which flayed game meat carcasses conveyed in the van are to be suspended, or
(b)
a licence that authorises the operation of a class 2 game meat van in respect of a vehicle that is not a game meat van referred to in paragraph (a), (c), (d), (e) or (f), or
(c)
a licence that authorises the operation of a class 3 game meat van in respect of a vehicle that is used in the course of a business as a game meat van, solely on journeys that in normal circumstances do not exceed 1 hour for the conveyance of game meat, that has been packed in cartons and secured to pallets, from the point of preparation to a cold store, or
(d)
a licence that authorises the operation of a class 4 game meat van in respect of a game meat van that is used in the course of a business for the conveyance of any game meat (other than rabbit or duck) from the point of harvest to a class 4 game meat processing plant, or
(e)
a licence that authorises the operation of a class 5 game meat van in respect of a game meat van that is used in the
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course of a business for the conveyance of rabbit game meat from the point of harvest to a class 4 game meat processing plant, or
(f) a licence that authorises the operation of a class 6 game meat van in respect of a game meat van that is used in the course of a business for the conveyance of duck game meat from the point of harvest to a class 4 game meat processing plant. 84 Minimum standards for game meat vans
The minimum standards for:
(a) a class 1, class 2 or class 3 game meat van are the standards specified in the publication titled AS 4696—2002, The hygienic production and transportation of meat and meat products for human consumption published by Standards Australia, as in force from time to time, and (b) a class 4, class 5 or class 6 game meat van are the standards specified in the publication titled Australian Standard for Hygienic Production of Game Meat for Human Consumption published by ARMCANZ, as in force from time to time. 85 Operational standards for game meat vans
The operation of a game meat van must comply with the requirements of:
(a)
the publication titled Australian Standard for Hygienic Production of Game Meat for Human Consumption published by ARMCANZ, as in force from time to time, or
(b)
an approved quality assurance program that incorporates the principles of a hazard analysis critical control point program.
Division 8 Knackeries 86 Additional requirements for applications for knackery class licences
(1) An application for a licence that authorises the operation of a
knackery must be accompanied by:
(a)
a copy of any consent required by or under the Environmental Planning and Assessment Act 1979, and
(b) a site plan showing:
(i) the location and dimensions of the site, and
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(ii) the fall, if any, of the land comprising the site, and
(iii) the location of any watercourse adjacent to or passing through the site, and
(iv) the names and widths of any roads adjacent to the site, and
(v) the location of any railway lines adjacent to or passing through the site, and
(vi) the location of all existing and proposed buildings or other structures on the site, and
(vii) the direction of true north, and
(c)
a floor plan showing the dimensions of all floor areas and the location of all appliances proposed to be used in connection with the slaughtering of animals or the dressing and processing of carcases, and
(d)
a drainage plan showing proposals for floor drainage and effluent disposal and the location of hot and cold water outlets, hand-washing facilities and carcase-washing facilities, and
(e)
a roof plan showing details of the roof structure of all existing and proposed buildings and the location of any existing or proposed skylights or vents, and
(f)
longitudinal and cross-sectional drawings of all existing and proposed buildings, indicating the finish to be provided for walls, floors and partitions, the heights above floor level of all rails proposed to be used for the carriage of carcases or meat and the location of all appliances proposed to be used in connection with the slaughtering of animals or dressing and processing of carcases, and
(g)
elevation drawings of each side of all existing and proposed buildings, showing the sizes and positions of all doorways, windows and other openings, and
(h)
written specifications of materials to be used in the construction of all proposed buildings and other structures and of all appliances proposed to be used in connection with the slaughtering of animals or dressing and processing of carcases.
(2) The drainage plan may be incorporated with the site plan or the
floor plan.(3) Any thing required to be shown on a plan or drawing may be
shown on a separate plan or drawing.(4) Plans and drawings must be prepared in a professional manner.
6 Refrigeration
If the animal food van is, in the opinion of the Food Authority, likely to be used to convey meat intended for use as animal food for journeys lasting 3 hours or more, it must, if required by the Food Authority, be fitted with an approved refrigeration system.
7 External surfaces
The external surfaces of the animal food van must, at all times, be maintained in good order and condition.
Part 3 Standards for class 3 animal food vans
(field harvester)8 Construction
(1) The hanging frame, floor and equipment must be of material that is:
(a) durable, and (b) non-toxic, and (c) smooth-surfaced, and (d)
in the case of surfaces that do not come into contact with exposed meat—resistant to corrosion or capable of being maintained free of corrosion (for example, mild steel is acceptable if maintained rust free), and
(e)
in the case of surfaces that come into contact with exposed meat such as pelvic racks, spikes, hooks and the like— resistant to corrosion (for example, hot dip galvanised or stainless steel), and
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(f) impervious to moisture, and (g) resistant to or protected from impact, and (h) easily cleaned and drained to prevent ponding of water and blood and, where necessary, capable of being dismantled for cleaning, and (i) resistant to chipping, flaking or fraying, and
(j) of a finish that makes contamination clearly visible. (2) The hanging frame must be constructed so that:
(a) sufficient space is provided between carcases to allow effective cooling, being a minimum space of 270 millimetres in any direction, and (b) the hanging rails are set at a height that, in the opinion of the Food Authority, enables the meat carried in the van to be suspended with adequate clearance from the floor surface, and (c) sufficient racks are provided to enable all eviscerated carcases to be transported within the hanging frame. 9 Facilities
The animal food van must be provided with:
(a)
a sufficient supply of potable water equipped with taps to enable hands and equipment to be washed throughout the whole of any period of harvesting, and
(b)
an adequate supply of a suitable agent for sanitising hands, and
(c)
if hands require drying during harvesting, hand drying facilities of a type that do not contaminate the washed hands, and
(d)
lighting that is adequate to ensure the carrying out of operations at night in a hygienic manner.
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Schedule 8 Prescribed brands for abattoir meat
(Clause 104)
Part 1 Brand for meat fit for human consumption 1 Characters to appear on brand
The brand must be completed by inserting in the space marked “A” a number allocated to the licensed premises by the Food Authority.
2 Dimensions
(1) Unless otherwise approved by the Food Authority, the dimensions of the brand must be 50 millimetres in length and 37 millimetres in height when used on a flat surface.
(2) The units of measurement referred to in subclause (1) may be
subject to a tolerance of plus or minus 2 millimetres.3 Ink to be used
The ink to be used must be:
(a) red in colour, and (b) suitable for food application purposes.
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Part 2 Brand for lamb 4 Application of the brand
The prescribed brand must be applied by repeating the above mark, without any break, as often as is necessary to comply with clause 106 (1) (d) of this Regulation.
5 Characters to be included in the mark
The prescribed brand must be completed:
(a)
by inserting in the space marked “A” a number allocated to the premises by the Food Authority, and
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(b) by inserting in one of the spaces marked “CYPHER” one of the following in relation to the owner of the licensed premises to which the number referred to in paragraph (a) relates:
(i) the name, or an abbreviation of the name, of the owner, (ii) the trading name, or an abbreviation of the trading name of the owner,
(iii) the logo or an abbreviation of the logo of the owner, and (c) by inserting in one of the spaces marked “CYPHER” the location or area, or an abbreviation of the location area, where the licensed premises to which the number referred to in paragraph (a) is located, and (d) by inserting in one of the spaces marked “CYPHER” the name or logo, or an abbreviation of the name or logo of the person who owns the meat at the time of branding. 6 Dimensions
(1)
Unless otherwise approved by the Food Authority, the letters used in the brand must be 17 millimetres in height with a space of 9 millimetres between each row of words.
(2) The units of measurement referred to in subclause (1) may be
subject to the following tolerances:
(a)
for dimensions not exceeding 10 millimetres—plus or minus 1 millimetre,
(b)
for dimensions greater than 10 millimetres—plus or minus 2 millimetres.
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Part 3 Brand for hogget 7 Application of the brand
The prescribed brand must be applied by repeating the above mark, without any break, as often as necessary to comply with clause 106 (1) (d) of this Regulation.
8 Characters to be included in the mark
The prescribed brand must be completed:
(a)
by inserting in the space marked “A” a number allocated to the premises by the Food Authority, and
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(b) by inserting in one of the spaces marked “CYPHER” one of the following in relation to the owner of the licensed premises to which the number referred to in paragraph (a) relates:
(i) the name, or an abbreviation of the name, of the owner, (ii) the trading name, or an abbreviation of the trading name of the owner,
(iii) the logo or an abbreviation of the logo of the owner, and (c) by inserting in one of the spaces marked “CYPHER” the location or area, or an abbreviation of the location area, where the licensed premises to which the number referred to in paragraph (a) is located, and (d) by inserting in one of the spaces marked “CYPHER” the name or logo, or an abbreviation of the name or logo of the person who owns the meat at the time of branding. 9 Dimensions
(1)
Unless otherwise approved by the Food Authority, the letters used in the brand must be 17 millimetres in height with a space of 9 millimetres between each row of words.
(2) The units of measurement referred to in subclause (1) may be
subject to the following tolerances:
(a)
for dimensions not exceeding 10 millimetres—plus or minus 1 millimetre,
(b)
for dimensions greater than 10 millimetres—plus or minus 2 millimetres.
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Schedule 9 Prescribed brands for game meat
(Clause 111)
1 Characters to be included in brand The brand must be completed by inserting in the space marked
“A” a number allocated to the premises by the Food Authority.2 Dimensions of brand
(1)
The dimensions of the brand are those approved by the Food Authority in relation to the type of game meat to which the brand is to be applied.
(2)
The units of measurement approved by the Food Authority in relation to the brand may be subject to the following tolerances:
(a)
for dimensions not exceeding 10 millimetres—plus or minus 1 millimetre,
(b)
for dimensions greater than 10 millimetres—plus or minus 2 millimetres.
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Schedule 10 Constitution and procedure of Meat
Industry Consultative Council
(Clause 129 (5))
Part 1 General 1 Definitions
In this Schedule:
Chairperson means the Chairperson of the Council.
Council means the Meat Industry Consultative Council
established under clause 129 of this Regulation.
Deputy Chairperson means the Deputy Chairperson of the
Council.member means any member of the Council.
Part 2 Constitution 2 Terms of office of members
Subject to this Schedule, a member holds office for such period (not exceeding 2 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
3 Remuneration
A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
4 Deputies
(1)
The Minister may, from time to time, appoint a person to be the deputy of a member, and the Minister may revoke any such appointment.
(2) In the absence of a member, the member’s deputy may, if
available, act in the place of the member.(3) While acting in the place of a member, a person:
(a)
has all the functions of the member and is taken to be a member, and
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(b)
is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
(4) For the purposes of this clause, a vacancy in the office of a
member is taken to be an absence of the member.5 Vacancy in office of member
(1) The office of a member becomes vacant if the member:
(a) dies, or (b) completes a term of office and is not re-appointed, or (c)
resigns the office by instrument in writing addressed to the Minister, or
(d)
is removed from office by the Minister under this clause, or
(e)
is absent from 4 consecutive meetings of the Council of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister for having been absent from those meetings, or
(f)
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or (h)
is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
(2) The Minister may at any time remove a member from office. 6 Filling of vacancy in office of member
If the office of any member becomes vacant, a person is, subject to this Regulation, to be appointed to fill the vacancy.
7 Chairperson and Deputy Chairperson
(1) In the absence of the Chairperson, the Deputy Chairperson may,
if available, act in the place of the Chairperson.
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(2) While acting in the place of the Chairperson, the Deputy Chairperson has all the functions of the Chairperson and is taken to be the Chairperson. (3) The Chairperson or Deputy Chairperson vacates office as
Chairperson or Deputy Chairperson if the person:
(a) is removed from office by the Minister, or (b) ceases to be a member. 8 Disclosure of pecuniary interests
(1) If:
(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Council, and (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter, the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Council.
(2) A disclosure by a member at a meeting of the Council that the
member:
(a)
is a member, or is in the employment, of a specified company or other body, or
(b)
is a partner, or is in the employment, of a specified person, or
(c)
has some other specified interest relating to a specified company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).
(3)
Particulars of any disclosure made under this clause must be recorded by the Council in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Council.
(4)
After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Council otherwise determines:
(a)
be present during any deliberation of the Council with respect to the matter, or
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(b)
take part in any decision of the Council with respect to the matter.
(5)
For the purposes of the making of a determination by the Council under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:
(a)
be present during any deliberation of the Council for the purpose of making the determination, or
(b)
take part in the making by the Council of the determination.
(6) A contravention of this clause does not invalidate any decision of
the Council.
Part 3 Procedure 9 General procedure
The procedure for the calling of meetings of the Council and for the conduct of business at those meetings is, subject to this Schedule, to be as determined by the Council.
10 Quorum
The quorum for a meeting of the Council is a majority of its members, of whom one must be the Chairperson or Deputy Chairperson.
11 Presiding member
(1) The Chairperson (or, in the absence of the Chairperson, the
Deputy Chairperson) is to preside at a meeting of the Council.(2) The presiding member has a deliberative vote and, in the event of
an equality of votes, has a second or casting vote.12 Voting
A decision supported by a majority of the votes cast at a meeting of the Council at which a quorum is present is the decision of the Council.
13 Transaction of business outside meetings or by telephone or other means
(1)
The Council may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Council for the time being, and a resolution in writing approved in writing
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by a majority of those members is taken to be a decision of the
Council.
(2) The Council may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members. (3) For the purposes of:
(a) the approval of a resolution under subclause (1), or (b) a meeting held in accordance with subclause (2), the Chairperson and each member have the same voting rights as
they have at an ordinary meeting of the Council.(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Council. (5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned. 14 First meeting
The Minister may call the first meeting of the Council in such manner as the Minister thinks fit.
Schedule 11 Licence fees in relation to meat food
businesses
(Clause 132)
Fees prescribed for the issue or renewal of a licence
Activities authorised by Number of employees Fee $ licence Abattoir, class 1,2 or 3 meat 0 to 5 250 processing, operation of meat retail More than 5 but no more than 50 500 premises or operation of rendering plant More than 50 2,000 Class 1, 2, 3, 4 or 5 game meat 0 to 5 310 processing More than 5 but no more than 50 605 More than 50 2,355
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Activities authorised by Number of employees Fee $ licence Operation of knackery or class 1, 2 0 to 5 605 or 3 animal food processing More than 5 but no more than 50 895 More than 50 2,650 Class 4 animal food processing 185 Operation of meat van, game meat 185 van or animal food van
Schedule 12 Additional requirements relating to
licences for seafood businesses
(Clause 151)
Activity General Premises Vehicle operating conditions conditions conditions Processing of Complies with Complies with Complies with seafood Standard 3.2.2 of Standard 3.2.3 of Standard 3.2.3 of Food Standards Food Standards Food Standards Code Code Code Storage of seafood Complies with Complies with Complies with Standard 3.2.2 of Standard 3.2.3 of Standard 3.2.3 of Food Standards Food Standards Food Standards Code Code Code Transportation of Complies with Complies with seafood Standard 3.2.2 of Standard 3.2.3 of Food Standards Food Standards Code Code Wholesaling of Complies with Complies with seafood Standard 3.2.2 of Standard 3.2.3 of Food Standards Food Standards Code Code Harvesting or Complies with collecting of bivalve NSW Shellfish molluscs Program
Operations Manual
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Activity General Premises Vehicle operating conditions conditions conditions Depuration of Complies with Complies with bivalve molluscs NSW Shellfish NSW Shellfish Program Program Operations Manual Operations Manual Complies with Complies with Code of Practice for Code of Practice for Oyster Depuration Oyster Depuration in NSW in NSW
Schedule 13 Provisions relating to members and
procedure of committees
(Clause 159)
Part 1 General 1 Definitions
In this Schedule:
committee means:
(a) the NSW Shellfish Committee, or (b) a local committee. member means a member of a committee.
Part 2 Constitution 2 Terms of office of members
Subject to this Schedule, a member holds office for such term (not exceeding 3 years) as is specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
3 Allowances for member
A member is entitled to be paid such allowances as the Food Authority from time to time determines in respect of the member.
4 Deputies
(1)
The Food Authority may, from time to time, appoint a person to be the deputy of a member, and may at any time revoke any such appointment.
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(2) In the absence of a member, the member’s deputy:
(a) may, if available, act in the place of the member, and (b) while so acting, has all the functions of the member and is to be taken to be the member. (3) A person while acting in the place of a member is entitled to be paid such allowances as the Food Authority may from time to time determine in respect of the person. 5 Vacancy in office of member
(1) The office of a member becomes vacant if the member:
(a) dies, or (b) completes a term of office and is not re-appointed, or (c)
resigns the office by instrument in writing addressed to the Food Authority, or
(d)
is removed from office by the Food Authority under subclause (2), or
(e)
is absent from 3 consecutive meetings of the committee of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the committee or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the committee for having been absent from those meetings, or
(f)
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or (h)
is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
(2) The Food Authority may at any time remove from office all or
any of the members of a committee.6 Filling of vacancy in office of member
If the office of a member becomes vacant, a person is, subject to this Regulation, required to be appointed to fill the vacancy.
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7 Disclosure of pecuniary interests
(1) If:
(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the committee, and (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter, the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the committee.
(2) A disclosure by a member of a committee at a meeting of the
committee that the member:
(a)
is a member, or is in the employment, of a specified company or other body, or
(b)
is a partner, or is in the employment, of a specified person, or
(c)
has some other specified interest relating to a specified company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under this clause.
(3)
Particulars of any disclosure made under this clause must be recorded by the members of the committee in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the members of the committee.
(4)
After a member of the committee has disclosed the nature of an interest in any matter, the member must not, unless the Food Authority or the other members of the committee otherwise determines or determine:
(a)
be present during any deliberation of the committee with respect to the matter, or
(b)
take part in any decision of the committee with respect to the matter.
(5)
For the purposes of the making of a determination by the members of the committee under subclause (4), a member of the committee who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:
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(a)
be present during any deliberation of the other members of the committee for the purpose of making the determination, or
(b)
take part in the making by the other members of the committee of the determination.
(6) A contravention of this clause does not invalidate any decision of
the committee.(7)
A member is taken not to have an interest in a matter for the purposes of this clause merely because the member is the holder of an aquaculture permit or aquaculture lease under the Fisheries Management Act 1994 or is the holder of a licence.
Part 3 Procedure 8 General procedure
The procedure for the calling and holding of meetings of a committee is, subject to any direction by the Food Authority, to be determined by the committee.
9 Quorum
The quorum for a meeting of a committee is a majority of its members for the time being.
10 Presiding member
(1) The chairperson of a committee or, in the absence of the chairperson, another member elected to chair the meeting by the members present is to preside at a meeting of the committee. (2) The person presiding at a meeting of a committee has a deliberative vote and, in the event of an equality of votes, has a second or casting vote. 11 Voting
A decision supported by a majority of the votes cast at a meeting of a committee at which a quorum is present is the decision of the committee.
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Schedule 14 Annual general licence fees for
seafood businesses
(Clause 161)
Column 1 Column 2 Column 3 Column 4 Activity of seafood business Category Number of Amount employees payable ($) Fishers with or without a vessel who 1 310 do any of the following activities:
(a) capture or collect any wild seafood, (b) store, gill, gut or cook only wild seafood that they have captured or collected themselves.
Finfish or crustacea aquaculture. 2 0 to 10 250 3 11 to 50 500 4 More than 50 2,000 Transportation of seafood by vehicle 5 160 per on land (except by fishers referred to vehicle in Category 1 if transporting their
own catch of wild seafood to a store
or processor).Businesses that process seafood 6 0 to 10 250 (including freezing, thawing and 7 11 to 50 500 preparing sushi) or store seafood (other than as referred to in 8 More than 50 2,000 Category 1) or that do both.
Schedule 15 Savings and transitional provisions
(Clause 177)
1 Definition
In this Schedule, former Regulation means any of the following
Regulations:
(a)
Food Production (Dairy Food Safety Scheme) Regulation 1999,
(b)
Food Production (Meat Food Safety Scheme) Regulation 2000,
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(c) Food (Plant Products Food Safety Scheme) Regulation 2005, (d) Food Production (Seafood Safety Scheme) Regulation 2001. 2 Licences
(1) A person holding a licence under a former regulation immediately before 2 September 2005 is taken to hold a licence under this Regulation that authorises the same matters and is subject to the same terms and conditions.
(2)
A licence referred to in subclause (1) is taken to remain in force for the period for which it was originally granted or renewed (as the case may be) but may be suspended or cancelled in accordance with the provisions of this Regulation.
(3) A person who is taken to be the holder of a licence under this
Regulation and who:
(a) was carrying on a plants products business at the commencement of the former Food (Plant Products Food Safety Scheme) Regulation 2005, and (b) made an application as referred to in clause 1 of Schedule 2 of that Regulation that has not been determined at the commencement of this Regulation, is taken to be the holder of a licence under this Regulation that authorises the carrying on of the business until the Food Authority determines the application.
(4) If a person is taken to be the holder of a licence under this clause in respect of more than one activity, the Food Authority may vary a licence issued to the person, under this Regulation to include authorisations for those activities. The provisions of clause 13 (2) and (3) of this Regulation do not apply to any such variation. 3 Applications
An application for a licence made under a former Regulation is taken to have been made under this Regulation.
4 Industry consultation bodies
A council, committee or other body established under a provision of a former Regulation is taken to have been established under the corresponding provision of this Regulation.
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5 Fees
A fee that was unpaid under a former Regulation immediately before 2 September 2005 is taken to be a fee that is unpaid under this Regulation.
6 Existing authorisations
Any act, matter or thing that, immediately before the repeal of a former Regulation had effect under that Regulation and is not dealt with in another provision of this Schedule continues to have effect under this Regulation.
7 Review of decisions
A provision of a former Regulation that enabled a person to make an application to the Administrative Decisions Tribunal for a review of a decision made under that Regulation is taken to continue to apply in respect of any such decision.
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