Food Amendment (Raw Milk Products) Regulation 2018 (NSW)

New South Wales

Food Amendment (Raw Milk Products)

Regulation 2018

under the

Food Act 2003

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Food Act 2003.

NIALL BLAIR, MLC

Minister for Primary Industries

Explanatory note

The objects of this Regulation are as follows:

(a)	to modify the dairy food safety scheme established by the Food Regulation 2015 to require those who carry on a raw milk product manufacturing business or raw milk collection, delivery or transport business to hold a licence authorising the carrying on of the business,
(b)	to make it an offence under section 104 of the Food Act 2003 for any person (not only a licensee, as is currently the case) to sell, deliver or supply any raw milk product unless the product has been treated, packaged and labelled in a manner that deters human consumption and such that the product could not reasonably be mistaken as suitable for human consumption.

This Regulation is made under the Food Act 2003, including sections 102 (food safety schemes) and 139
(the general regulation-making power).

Food Amendment (Raw Milk Products) Regulation 2018

under the

Food Act 2003

1      Name of Regulation

This Regulation is the Food Amendment (Raw Milk Products) Regulation 2018.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Schedule 1 Amendment of Food Regulation 2015

[1]      Clause 59 Definitions

Omit the definition of milk. Insert instead:

milk means the mammary secretions of a milking animal (other than

colostrum) obtained from one or more milkings and intended for:

(a)	human consumption as a liquid, or
(b)	further processing.

[2]      Clause 59

Insert in alphabetical order:

raw milk means mammary secretions of a milking animal (other than
colostrum) that have not been processed in accordance with clause 15 (1) of

Standard 4.2.4 of the Food Standards Code.

raw milk product means any product made from raw milk that is not intended

for human consumption.

raw milk product business means a business that involves the operation of

either or both of the following:

(a)	a raw milk product manufacturing business,
(b)	a raw milk product collection, transport or delivery business.

raw milk product collection, transport or delivery business means a business

that involves any or all of the following:

(a)	the collection, for transport, on any scale of raw milk products for sale,
(b)	the transport on any scale of raw milk products for sale,
(c)	the delivery on any scale of raw milk products for sale.

raw milk product manufacturing business means a business that involves the
manufacturing on any scale of raw milk products for sale, including any of the

following:

(a)	the keeping, grazing, feeding and milking of animals,
(b)	the storage of milk on the premises at which the animals were milked,
(c)	processing of milk otherwise than in accordance with the processing requirements under Standard 4.2.4 of the Food Standards Code,
(d)	making raw milk products.

[3]      Clause 62

Omit the clause. Insert instead:

62 Meaning of “dairy business”

(1)	In the dairy food safety scheme, dairy business means:
(a) a food business involving any of the following:

(i)      the operation of a dairy primary production business,

(ii)      the operation of a dairy transport business,

(iii)      the operation of a dairy processing business,

(iv)      the operation of a dairy produce store (other than a dairy produce store that is operated on the same premises as a dairy processing business),

(v)      the collection and transport of milk from a dairy farm to a dairy produce store (other than a dairy produce store that is operated on the same premises as the dairy processing business) or to a vehicle vendor,

(vi)      the collection and transport of goat’s milk from a dairy farm to a wholesaler or retailer,

(vii)      the collection and transport of dairy products from a dairy produce store to the premises of a dairy processing business or another dairy produce store or to a vehicle vendor, wholesaler or retailer,

(viii)      the delivery of milk by vehicle and the sale of milk so delivered, or

(b)	a raw milk product business.
(2)	Subclause (1) (b) does not have effect until 3 months after the date of commencement of the Food Amendment (Raw Milk Products) Regulation
2018.

[4]      Clause 68 Milk to comply with certain requirements of Food Standards Code

Omit “(Maximum Residue Limits)” from clause 68 (b). Insert instead “(Agvet chemicals)”.

[5]      Clause 68A

Insert after clause 68:

68A Sale, delivery and supply of raw milk products by any person

A person must not sell, deliver or supply any raw milk product unless it has been treated, packaged and labelled in a manner that deters human consumption and such that the raw milk product could not reasonably be mistaken as suitable for human consumption.

[6]      Clause 69 Sampling and testing of milk by certain dairy businesses

Insert at the end of the clause:

(2)

The holder of a licence authorising the operation of a raw milk product collection, transport or delivery business must ensure that the following requirements are complied with in relation to raw milk collected for transport for sale, transported for sale or delivered for sale by the business:

(a)	a record must be made of the temperature of the raw milk,
(b)	a sample of raw milk must be taken that is a representative sample,
(c)	the sample must be taken, stored and transported under temperature control.

[7]      Clause 70 Certain dairy businesses to undertake analyses of certain dairy products

Insert after clause 70 (1):

(1A)

The holder of a licence that authorises the operation of a raw milk product manufacturing business must, at the holder’s own expense, ensure that the following are analysed in accordance with this clause:

(a)	samples of raw milk products that are handled in the course of the dairy business and are required to be analysed by the NSW Food Safety Schemes Manual,
(b)	samples of water that has not been supplied through a reticulated water system and that is used in connection with the production and processing of raw milk products in the course of the business.

Maximum penalty: 25 penalty units.

[8]      Clause 71 Reports of analyses

Insert “or a raw milk product manufacturing business” after “business” in clause 71 (1).

[9]      Clause 72 Records to be kept by certain dairy businesses

Insert “or a raw milk product manufacturing business” after “business”.

[10]      Schedule 3 Licence fees

Insert after item 4 in the Table to Part 1:

5 Operation of raw milk product For each premises where the

manufacturing business	activities are carried out:
(a) 0 to 5 food handlers engaged 441

in the activities at the

premises

(b)	more than 5 but no more than	910
50 food handlers engaged in the activities at the premises
(c)	more than 50 food handlers	3,988
engaged in the activities at the premises

6	Operation of raw milk collection, transport	328
and delivery business