Food Amendment Regulation (No. 1) 2010 (Qld)

Queensland Food Amendment Regulation (No. 1) 2010 Subordinate Legislation 2010 No. 276 made under the FoodAct2006 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2A Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Insertion of new s 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4B Prescribed food business—Act, s 99 . . . . . . . . . . . . . 2 6 Amendment of s 5 (Prescribed contaminants—Act, s 269) . . . . . 3 7 Amendment of schedule (Prescribed contaminants) . . . . . . . . . . 4 8 Insertion of new schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Schedule 2 Dictionary

Food Amendment Regulation (No. 1) 2010 [s 1] 1 Short title This regulation may be cited as the Food Amendment Regulation (No. 1) 2010 . 2 Commencement This regulation commences on 1 November 2010. 3 Regulation amended This regulation amends the Food Regulation 2006. 4 Insertion of new s 2A After section 2— insert— ‘2A Definitions ‘The dictionary in schedule 2 defines words used in this regulation.’. 5 Insertion of new s 4B After section 4A— insert— ‘4B Prescribed food business—Act, s 99 ‘(1) For section 99(1)(e) of the Act, the following types of food businesses are prescribed— (a) a relevant facility that processes potentially hazardous food for at least 6 persons in the facility’s care at a time; Example — a residential aged-care facility or childcare centre that prepares meals for persons in its care (b) a relevant facility that serves potentially hazardous food to at least 6 persons in the facility’s care at a time; Page 2 2010 SL No. 276

Food Amendment Regulation (No. 1) 2010 [s 6] Example — a residential aged-care facility that serves meals, prepared by an offsite supplier, to persons in its care (c) a ready-to-eat food business processing ready-to-eat food that— (i) includes potentially hazardous food; and (ii) is for service to at least 6 persons at a time; Example — a cook–chill facility that processes food for service to patients in a private hospital (d) a food business whose principal activity is processing ready-to-eat food for delivery by a delivered meals organisation if the food— (i) includes potentially hazardous food; and (ii) is for delivery to at least 6 persons at a time. Example — a Meals on Wheels branch that cooks meals for delivery to frail or aged persons ‘(2) In this section— delivered meals organisation means a community organisation delivering meals to the homes of frail or aged persons, or persons with a disability. ready-to-eat food business means a food business whose principal activity is processing ready-to-eat food for service in another facility that is— (a) a relevant facility; or (b) a private hospital; or (c) a public sector hospital.’. 6 Amendment of s 5 (Prescribed contaminants—Act, s 269) Section 5, ‘the schedule’— 2010 SL No. 276 Page 3

Food Amendment Regulation (No. 1) 2010 [s 7] omit, insert — ‘schedule 1’. 7 Amendment of schedule (Prescribed contaminants) (1) Schedule— number as schedule 1. (2) Schedule 1, as numbered, ‘ Yersina ’— omit, insert— ‘ Yersinia ’ . 8 Insertion of new schedule insert— ‘Schedule 2 Dictionary section 2A Page 4 aged-care facility means— (a) a facility that provides residential care, or flexible care in a residential setting, by an approved provider, other than the State, under the Aged Care Act 1997 (Cwlth); or (b) a day facility that provides respite care, or rehabilitative or therapeutic treatment, to aged persons. delivered meals organisation see section 4B. flexible care see the Aged Care Act 1997 (Cwlth), schedule 1. private hospital see the PrivateHealthFacilitiesAct1999 , section 9. process means undertaking an activity to prepare food for sale, including chopping, cooking, drying, fermenting, heating, pasteurising, thawing and washing. public sector hospital means a hospital operated by the State. 2010 SL No. 276

Food Amendment Regulation (No. 1) 2010 [s 8] ready-to-eat food means food that is ready for consumption, including food that may be reheated, portioned or garnished, or food that undergoes similar finishing prior to service. ready-to-eat food business see section 4B. relevant facility means any of the following— (a) an aged-care facility; (b) a facility that provides care, including palliative care, to persons with a terminal illness; (c) a day hospital licensed under the PrivateHealthFacilities Act 1999 , part 6, that provides haemodialysis or cytotoxic infusion health services; (d) a centre based service licensed under the Child Care Act2002 , part 2, other than a school age care service under that Act. residential care see the Aged Care Act 1997 (Cwlth), schedule 1. respite care means care provided to a person to give the person or their carer a short-term break from their usual care arrangement.’. ENDNOTES 1 Made by the Governor in Council on 7 October 2010. 2 Notified in the gazette on 8 October 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Health. © State of Queensland 2010 2010 SL No. 276 Page 5