Food (Primary Production and Processing) Regulations 2025 (Vic)

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Version No. 001

Food (Primary Production and Processing) Regulations 2025

S.R. No. 1/2025

Version as at


11 February 2025

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Definitions

4Meaning of primary producer

5Meaning of industry-standard certification and audit scheme

Part 2—Requirement to register with declared authority

Division 1—Registration

6Application for registration

7Approval of application

8Refusal of application

9Conditions

10Variation of conditions

11Registration application fee

12Secretary DEECA may reduce registration application fee

13Period of registration

14Certificate of registration

Division 2—Suspension or cancellation

15Suspension or cancellation of registration

16Revocation of suspension

17Application for cancellation of registration

18Approval of application

19Effect of suspension

20Effect of cancellation

Division 3—Renewal

21Application for renewal of registration

22Approval of application

23Refusal of application

24Conditions

25Variation of conditions

26Renewal application fee

27Secretary DEECA may reduce renewal fee

28Period of renewal

29Certificate of renewal

Part 3—Food safety management statements

Division 1—Development of statements

30Declared authority may provide advice

31Advice fee

32Secretary DEECA may reduce advice fee

Division 2—Approval of statements

33Application for approval of statement

34Approval of application

35Refusal of application

36Conditions

37Variation of conditions

38Approval application fee

39Secretary DEECA may reduce approval application fee

40Period of approval

41Suspension or cancellation

42Revocation of suspension

Division 3—Recognition of use of industry-standard certification and audit schemes

43Application for recognition of use of industry‑standard certification and audit scheme

44Approval of application

45Refusal of application

46Conditions

47Variation of conditions

48Recognition application fee

49Secretary DEECA may reduce recognition application fee

50Period of recognition

51Suspension or cancellation

52Revocation of suspension

Division 4—Ongoing verification of statements

53Verification audit

54Verification audit fee

55Secretary DEECA may reduce verification audit fee

Part 4—Offences

56Unregistered primary producer must not sell primary produce

57Primary producer must not provide false or misleading information in applications

58Registered primary producer must not contravene conditions

Schedule 1—Primary production and processing standards

Schedule 2—Fees

Schedule 3—Industry-standard certification and audit schemes

═════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 001

Food (Primary Production and Processing) Regulations 2025

S.R. No. 1/2025

Version as at


11 February 2025

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to prescribe for the purposes of the Food Act 1984—

(a)a requirement for primary producers to whom a primary production and processing standard applies to register with a declared authority; and

(b)the process for registration with a declared authority including the information to be provided; and

(c)a prohibition on selling primary produce by primary producers who are not registered with a declared authority; and

(d)the process for persons to whom a primary production and processing standard applies to submit food safety management statements to a declared authority for the purposes of clause 5 of Standard 4.1.1 of the primary production and processing standards; and

(e)the process for a declared authority to approve or recognise a food safety management statement for the purposes of clause 5(a) of Standard 4.1.1 of the primary production and processing standards; and

(f)a requirement for ongoing verification of food safety management statements for the purposes of clause 5(c) of Standard 4.1.1 of the primary production and processing standards; and

(g)a prohibition on providing false or misleading information in applications under these Regulations; and

(h)a prohibition on contravening conditions to which—

(i)a primary producer's registration with a declared authority is subject; or

(ii)an approval or recognition given by a declared authority in relation to a food safety management statement is subject; and

(i)fees for the purposes of these Regulations.

2Authorising provision

These Regulations are made under section 63 of the Food Act 1984.

3Definitions

In these Regulations—

advice fee means the fee prescribed by regulation 31;

applicant for registration means a primary producer who has made a registration application and that application has not been determined or withdrawn;

approval application means an application under regulation 33;

approval application fee means the fee prescribed by regulation 38;

cancellation application means an application under regulation 17;

certificate of registration means a certificate issued by a declared authority under regulation 14;

certificate of renewal means a certificate issued by a declared authority under regulation 29;

food safety management statement has the same meaning as in Standard 4.1.1 of the primary production and processing standards;

growing site means land on which a primary producer grows primary produce;

industry-standard certification and audit scheme has the meaning given by regulation 5;

land area means the total area of land being used or intended to be used as a growing site by a primary producer;

primary produce means berries, leafy vegetables or melons;

primary producer has the meaning given by regulation 4;

recognition application means an application under regulation 43;

recognition application fee means the fee prescribed by regulation 48;

registered primary producer means a primary producer who is registered under Division 1 or 3 of Part 2;

registration application means an application under regulation 6;

registration application fee means the fee prescribed by regulation 11;

renewal application means an application under regulation 21;

renewal application fee means the fee prescribed by regulation 26;

Secretary DEECA means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Energy, Environment and Climate Action;

the Act means the Food Act 1984;

verification audit fee means the fee prescribed by regulation 54.

4Meaning of primary producer

(1)Subject to subregulation (2), a primary producer is a person—

(a)who is in the business of—

(i)growing or harvesting primary produce in Victoria; or

(ii)processing primary produce in Victoria including by washing, trimming, sorting, sanitising, storing, combining or packing primary produce on the premises on which the produce is grown or harvested; or

(iii)transporting primary produce in Victoria on or between the premises on which the primary produce is grown, harvested or processed; and

(b)to whom a primary production and processing standard specified in Schedule 1 applies.

(2)A primary producer is not a person who is in the business of—

(a)growing, harvesting or processing primary produce solely for consumption on the premises on which the produce is grown, harvested or processed; or

(b)growing, processing or transporting seedlings of primary produce only.

5Meaning of industry-standard certification and audit scheme

(1)An industry-standard certification and audit scheme is—

(a)an industry-standard certification and audit scheme specified in Schedule 3; or

(b)a scheme for certifying and auditing the business activities of primary producers that is approved by the Secretary DEECA.

(2)The Secretary DEECA may approve an industry‑standard certification and audit scheme for the purposes of subregulation (1)(b).

PART 2—REQUIREMENT TO REGISTER WITH DECLARED AUTHORITY

Division 1—Registration

6Application for registration

(1)A primary producer may apply to a declared authority to be registered with the declared authority.

(2)A registration application must—

(a)be in a form approved by the Secretary DEECA; and

(b)contain—

(i)the primary producer's name, ABN and address; and

(ii)if the primary producer has an ACN, the primary producer's ACN; and

(iii)the primary producer's—

(A)phone number; and

(B)email address; and

(iv)information about the type of primary produce that the primary producer is growing, harvesting, processing or transporting; and

(v)information about the location of the premises on which the primary produce is grown, harvested, processed or transported; and

(vi)any information required by the Secretary DEECA; and

(c)be accompanied by the registration application fee.

7Approval of application

Subject to this Part, a declared authority must approve a registration application and register the primary producer if the application complies with regulation 6(2).

8Refusal of application

(1)A declared authority must refuse a registration application if the Secretary DEECA is satisfied that doing so is justified on a ground specified in subregulation (2).

(2)The grounds are—

(a)a declared authority has refused an approval application or recognition application made by the primary producer; or

(b)the primary producer has been found guilty of an offence against the Act or these Regulations; or

(c)the Secretary DEECA is satisfied that the primary producer has provided false or misleading information in an application under these Regulations; or

(d)the primary producer is the relevant person in respect of premises to which an order under section 19AA of the Act is in effect; or

(e)the Secretary DEECA is satisfied that the primary producer—

(i)has contravened or is contravening the Act, these Regulations or a primary production and processing standard; and

(ii)the contravention may lead to a serious risk of food being sold or prepared that is unsafe or unsuitable; or

(f)the primary producer has not paid a fee payable by the primary producer under these Regulations.

9Conditions

(1)The following conditions apply to a primary producer's registration—

(a)the primary producer must notify the declared authority in writing of the primary producer's intention to change—

(i)the primary producer's—

(A)address; and

(B)name; and

(C)phone number; and

(D)email address; and

(ii)the address of any growing site used by the primary producer;

(b)the primary producer must notify the declared authority if primary produce sold by the primary producer is unsafe, unsuitable or unacceptable for human consumption, within 24 hours after the primary producer becomes aware or reasonably suspects that is the case;

(c)if the primary producer is growing, harvesting, processing or transporting leafy vegetables or melons, the primary producer must have a food safety management statement.

(2)In addition, the declared authority must impose any other condition—

(a)that the Secretary DEECA considers appropriate; and

(b)at a time the Secretary DEECA considers appropriate.

(3)The declared authority must give written notice to the primary producer of any condition imposed under subregulation (2).

(4)Written notice under subregulation (3) must specify—

(a)the condition; and

(b)the date on which the condition takes effect.

(5)If a condition is imposed on a primary producer's registration, the declared authority must amend the primary producer's certificate of registration to specify the condition and the date on which the condition takes effect.

(6)In this regulation—

unacceptable has the same meaning as in clause 3(2) of Standard 4.1.1 of the primary production and processing standards.

10Variation of conditions

(1)A declared authority must vary a condition imposed under regulation 9(2)—

(a)as the Secretary DEECA considers appropriate; and

(b)at a time the Secretary DEECA considers appropriate.

(2)The declared authority must give written notice to the primary producer of any condition varied under subregulation (1).

(3)Written notice under subregulation (2) must specify—

(a)the condition; and

(b)the date on which the condition takes effect.

(4)If a condition imposed on a primary producer's registration is varied, the declared authority must amend the primary producer's certificate of registration to specify the varied condition and the date on which the condition takes effect.

11Registration application fee

The application fee is the number of fee units specified in Column 3 of Table 1 in Schedule 2 that corresponds to the size of the land area used by the primary producer that is specified in Column 2 of that Table.

12Secretary DEECA may reduce registration application fee

(1)The Secretary DEECA may reduce the registration application fee payable by a primary producer if the Secretary DEECA is satisfied that the primary producer's circumstances justify the reduction.

(2)Without limiting subregulation (1), circumstances that justify a reduction include—

(a)paying the fee would cause undue financial hardship to the primary producer; and

(b)paying the fee would be manifestly unfair to the primary producer.

Example

If the primary producer is affected by adverse weather events such as a flood or fire.

13Period of registration

Subject to this Part, a primary producer's registration with a declared authority remains in effect for 12 months after the date specified on the certificate of registration issued to the primary producer.

14Certificate of registration

(1)A declared authority must issue a certificate of registration to a primary producer as soon as practicable after registering the primary producer under regulation 7.

(2)The certificate of registration must contain—

(a)the primary producer's name, ABN and address; and

(b)if the primary producer has an ACN, the primary producer's ACN; and

(c)the primary producer's—

(i)phone number; and

(ii)email address; and

(d)a unique identification code given to the primary producer; and

(e)the date on which the declared authority registered the primary producer under regulation 7; and

(f)the date on which the registration ends; and

(g)the location of any growing site used by the primary producer; and

(h)the conditions to which the registration is subject.

(3)The certificate of registration may specify—

(a)the primary producer's food safety management statement; and

(b)any other information that the Secretary DEECA considers to be appropriate.

Division 2—Suspension or cancellation

15Suspension or cancellation of registration

(1)A declared authority must suspend or cancel a primary producer's registration if the Secretary DEECA is satisfied that the suspension or cancellation is justified on a ground specified in subregulation (2).

(2)The grounds are—

(a)the primary producer has been found guilty of an offence against the Act or these Regulations; or

(b)the Secretary DEECA is satisfied that the primary producer has contravened or is contravening a condition of their registration; or

(c)the Secretary DEECA is satisfied that the primary producer has provided false or misleading information to the declared authority; or

(d)the Secretary DEECA is satisfied that the primary producer—

(i)has contravened or is contravening the Act, these Regulations or a primary production and processing standard; and

(ii)the contravention may lead to a serious risk of food being sold or prepared that is unsafe or unsuitable.

(3)Before suspending or cancelling a primary producer's registration, a declared authority must give the primary producer written notice that—

(a)states that the declared authority proposes to suspend or cancel (as the case may be) the primary producer's registration; and

(b)specifies the ground for the suspension or cancellation; and

(c)specifies the circumstances forming the basis of the ground for the suspension or cancellation; and

(d)specifies the proposed date on which—

(i)the suspension takes effect and ends; or

(ii)the cancellation takes effect; and

(e)states that the primary producer may respond to the notice within 7 days after the notice is given to the primary producer; and

(f)provides information about how the primary producer may respond to the notice.

(4)If, after considering any response from the primary producer, the Secretary DEECA is satisfied that the ground for suspension or cancellation remains, the declared authority—

(a)must suspend or cancel (as the case may be) the primary producer's registration; and

(b)must give written notice of the suspension or cancellation to the primary producer.

(5)Written notice under subregulation (4) must—

(a)state that the primary producer's registration is suspended or cancelled (as the case may be); and

(b)specify the date on which—

(i)the suspension takes effect and ends; or

(ii)the cancellation takes effect.

(6)If, after giving written notice under subregulation (3), the declared authority does not suspend or cancel the primary producer's registration, the declared authority must give written notice to the primary producer of the suspension or cancellation not proceeding.

16Revocation of suspension

(1)A declared authority must revoke a suspension of a primary producer's registration if the Secretary DEECA is satisfied that the ground for the suspension has ceased to exist.

(2)The declared authority must give written notice of the revocation to the primary producer.

(3)Written notice under subregulation (2) must specify the date on which the revocation takes effect.

17Application for cancellation of registration

(1)A registered primary producer may apply to a declared authority to have the primary producer's registration with the declared authority cancelled.

(2)An application under subregulation (1) must—

(a)be in a form approved by the Secretary DEECA; and

(b)contain—

(i)the primary producer's name, ABN and address; and

(ii)if the primary producer has an ACN, the primary producer's ACN; and

(iii)the primary producer's—

(A)phone number; and

(B)email address.

18Approval of application

(1)A declared authority must approve a cancellation application and cancel the primary producer's registration if the cancellation application complies with regulation 17(2).

(2)The declared authority must give written notice of the cancellation to the primary producer.

(3)Written notice under subregulation (2) must specify the date on which the cancellation takes effect.

19Effect of suspension

If a primary producer's registration with a declared authority is suspended—

(a)any approval under regulation 34 in relation to the primary producer's food safety management statement is suspended until the suspension of the primary producer's registration is revoked; and

(b)any recognition under regulation 44 of the primary producer's use of an industry‑standard certification and audit scheme is suspended until the suspension of the primary producer's registration is revoked; and

(c)the primary producer may—

(i)grow or harvest primary produce in Victoria; and

(ii)process primary produce in Victoria including by washing, trimming, sorting, sanitising, storing, combining or packing primary produce on the premises on which the produce is grown or harvested; and

(iii)transport primary produce in Victoria on or between the premises on which the primary produce is grown, harvested or processed—

but must not sell the primary produce.

20Effect of cancellation

If a primary producer's registration with a declared authority is cancelled—

(a)any approval under regulation 34 in relation to the primary producer's food safety management statement is cancelled; and

(b)any recognition under regulation 44 of the primary producer's use of an industry‑standard certification and audit scheme is cancelled; and

(c)the primary producer may—

(i)grow or harvest primary produce in Victoria; and

(ii)process primary produce in Victoria including by washing, trimming, sorting, sanitising, storing, combining or packing primary produce on the premises on which the produce is grown or harvested; and

(iii)transport primary produce in Victoria on or between the premises on which the primary produce is grown, harvested or processed—

but must not sell the primary produce.

Note

See also regulation 56.

Division 3—Renewal

21Application for renewal of registration

(1)A registered primary producer may apply to a declared authority to have the primary producer's registration with the declared authority renewed.

(2)A renewal application must—

(a)be in a form approved by the Secretary DEECA; and

(b)contain—

(i)the primary producer's name, ABN and address; and

(ii)if the primary producer has an ACN, the primary producer's ACN; and

(iii)the primary producer's—

(A)phone number; and

(B)email address; and

(iv)information about the type of primary produce that the primary producer is growing, harvesting, processing or transporting; and

(v)information about the location of the premises on which the primary produce is grown, harvested, processed or transported; and

(vi)any information required by the Secretary DEECA; and

(c)be accompanied by the renewal application fee.

22Approval of application

Subject to this Part, a declared authority must approve a renewal application and register the primary producer if the renewal application complies with regulation 21(2).

23Refusal of application

(1)A declared authority must refuse a renewal application if the Secretary DEECA is satisfied that doing so is justified on a ground specified in subregulation (2).

(2)The grounds are—

(a)the Secretary DEECA is satisfied that the primary producer has contravened or is contravening a condition to which the registered primary producer's registration with a declared authority is subject; or

(b)a declared authority has refused an approval application or recognition application made by the primary producer; or

(c)the primary producer has been found guilty of an offence against the Act or these Regulations; or

(d)the Secretary DEECA is satisfied that the primary producer has provided false or misleading information in an application under these Regulations; or

(e)the primary producer is the relevant person in respect of premises to which an order under section 19AA of the Act is in effect; or

(f)the Secretary DEECA is satisfied that the primary producer—

(i)has contravened or is contravening the Act, these Regulations or a primary production and processing standard; and

(ii)the contravention may lead to a serious risk of food being sold or prepared that is unsafe or unsuitable; or

(g)the primary producer has not paid a fee payable by the primary producer under these Regulations.

24Conditions

(1)The following conditions apply to a primary producer's registration—

(a)the primary producer must notify the declared authority in writing of the primary producer's intention to change—

(i)the primary producer's—

(A)address; and

(B)name; and

(C)phone number; and

(D)email address; and

(ii)the address of any growing site used by the primary producer;

(b)the primary producer must notify the declared authority if primary produce sold by the primary producer is unsafe, unsuitable or unacceptable for human consumption, within 24 hours after the primary producer becomes aware or reasonably suspects that is the case;

(c)if the primary producer is growing, harvesting, processing or transporting leafy vegetables or melons, the primary producer must have a food safety management statement.

(2)In addition, the declared authority must impose any other condition—

(a)that the Secretary DEECA considers appropriate; and

(b)at a time the Secretary DEECA considers appropriate.

(3)The declared authority must give written notice to the primary producer of any condition imposed under subregulation (2).

(4)Written notice under subregulation (3) must specify—

(a)the condition; and

(b)the date on which the condition takes effect.

(5)If a condition is imposed on a primary producer's registration, the declared authority must amend the primary producer's certificate of renewal to specify the condition and the date on which the condition takes effect.

(6)In this regulation—

unacceptable has the same meaning as in clause 3(2) of Standard 4.1.1 of the primary production and processing standards.

25Variation of conditions

(1)A declared authority must vary a condition imposed under regulation 24(2)—

(a)as the Secretary DEECA considers appropriate; and

(b)at a time the Secretary DEECA considers appropriate.

(2)The declared authority must give written notice to the primary producer of any condition varied under subregulation (1).

(3)Written notice under subregulation (2) must specify—

(a)the condition; and

(b)the date on which the condition takes effect.

(4)If a condition imposed on a primary producer's registration is varied, the declared authority must amend the primary producer's certificate of renewal to specify the varied condition and the date on which the condition takes effect.

26Renewal application fee

The renewal application fee is the number of fee units specified in Column 3 of Table 2 in Schedule 2 that corresponds to the size of the land area used by the primary producer that is specified in Column 2 of that Table.

27Secretary DEECA may reduce renewal fee

(1)The Secretary DEECA may reduce the renewal application fee payable by a primary producer if the Secretary DEECA is satisfied that the primary producer's circumstances justify the reduction.

(2)Without limiting subregulation (1), circumstances that justify a reduction include—

(a)paying the fee would cause undue financial hardship to the primary producer; and

(b)paying the fee would be manifestly unfair to the primary producer.

Example

If the primary producer is affected by adverse weather events such as a flood or fire.

28Period of renewal

Subject to this Part, a primary producer's registration with a declared authority remains in effect for 12 months after the date specified on the certificate of renewal issued to the primary producer.

29Certificate of renewal

(1)A declared authority must issue a certificate of renewal to a primary producer as soon as practicable after renewing the registration of the primary producer.

(2)The certificate of renewal must contain—

(a)the primary producer's name, ABN and address; and

(b)if the primary producer has an ACN, the primary producer's ACN; and

(c)the primary producer's—

(i)phone number; and

(ii)email address; and

(d)the unique identification code given to the primary producer on registration; and

(e)the date on which the declared authority registered the primary producer under regulation 22; and

(f)the date on which the renewal of registration ends; and

(g)the location of any growing site used by the primary producer; and

(h)the conditions to which the registration is subject.

(3)The certificate of renewal may specify—

(a)the primary producer's food safety management statement; and

(b)any other information that the Secretary DEECA considers to be appropriate.

PART 3—FOOD SAFETY MANAGEMENT STATEMENTS

Division 1—Development of statements

30Declared authority may provide advice

(1)A declared authority, at the request of a primary producer, may provide advice to the primary producer relating to the development of a food safety management statement.

(2)A primary producer must pay the advice fee to the declared authority for advice given under this regulation.

31Advice fee

The advice fee is—

(a)1·56 fee units for every 15 minutes required to give the advice; and

(b)if giving the advice requires a declared authority to travel to and from the primary producer's premises, an additional 2·08 fee units for every 15 minutes required to travel to and from the premises.

32Secretary DEECA may reduce advice fee

(1)The Secretary DEECA may reduce the advice fee payable by a primary producer if the Secretary DEECA is satisfied that the primary producer's circumstances justify the reduction.

(2)Without limiting subregulation (1), circumstances that justify a reduction include—

(a)paying the fee would cause undue financial hardship to the primary producer; and

(b)paying the fee would be manifestly unfair to the primary producer.

Example

If the primary producer is affected by adverse weather events such as a flood or fire.

Division 2—Approval of statements

33Application for approval of statement

(1)For the purposes of clause 5(a) of Standard 4.1.1 of the primary production and processing standards, an applicant for registration or a registered primary producer may submit a statement to a declared authority for the declared authority's approval of the statement as a food safety management statement.

(2)An application under subregulation (1) must—

(a)be in a form approved by the Secretary DEECA; and

(b)contain any information required by the Secretary DEECA; and

(c)in the case of an approval application made by an applicant for registration or a registered primary producer whose land area is more than 1 hectare, be accompanied by the approval application fee.

34Approval of application

Subject to this Division, a declared authority must approve an approval application if the application complies with regulation 33(2).

35Refusal of application

(1)A declared authority must refuse an approval application if the Secretary DEECA is satisfied that doing so is justified on a ground specified in subregulation (2).

(2)The grounds are—

(a)the statement does not adequately identify potential food safety hazards or adequately identify control measures to address identified potential food safety hazards; or

(b)the applicant for registration or the registered primary producer is not operating according to the statement; or

(c)a declared authority has refused a registration application made by the applicant for registration or a renewal application made by the registered primary producer; or

(d)the Secretary DEECA is satisfied that the primary producer has provided false or misleading information in the approval application; or

(e)the applicant for registration or the registered primary producer has not paid a fee payable by the primary producer under these Regulations.

36Conditions

(1)A declared authority's approval of a statement under regulation 34 is subject to the conditions that the primary producer must—

(a)operate according to the statement; and

(b)carry out any verification activity requested by the declared authority within the period specified by the declared authority; and

(c)participate in any verification activity carried out by the declared authority; and

(d)co-operate with any verification audit carried out by the declared authority.

(2)In addition, the declared authority must impose any other condition—

(a)that the Secretary DEECA considers appropriate; and

(b)at a time the Secretary DEECA considers appropriate.

(3)The declared authority must give written notice to the primary producer of any condition imposed under subregulation (2).

(4)Written notice under subregulation (3) must specify—

(a)the condition; and

(b)the date on which the condition takes effect.

37Variation of conditions

(1)A declared authority must vary a condition imposed under regulation 36(2)—

(a)as the Secretary DEECA considers appropriate; and

(b)at a time the Secretary DEECA considers appropriate.

(2)The declared authority must give written notice to the primary producer of any condition varied under subregulation (1).

(3)Written notice under subregulation (2) must specify—

(a)the condition; and

(b)the date on which the condition takes effect.

38Approval application fee

The approval application fee is the number of fee units specified in Column 3 of Table 3 in Schedule 2 that corresponds to the size of the primary producer's land area specified in Column 2 that Table.

39Secretary DEECA may reduce approval application fee

(1)The Secretary DEECA may reduce the approval application fee payable by an applicant for registration or a registered primary producer (as the case may be) if the Secretary DEECA is satisfied that the circumstances of the applicant for registration or the registered primary producer justify the reduction.

(2)Without limiting subregulation (1), circumstances that justify a reduction include—

(a)paying the fee would cause undue financial hardship to the applicant for registration or the registered primary producer; and

(b)paying the fee would be manifestly unfair to the applicant for registration or the registered primary producer.

Example

If the applicant for registration or registered primary producer is affected by adverse weather events such as a flood or fire.

40Period of approval

Subject to these Regulations, approval under regulation 34 remains in effect for a period of 12 months after the date on which the approval application is approved.

41Suspension or cancellation

(1)A declared authority must suspend or cancel its approval of a statement under regulation 34 if the Secretary DEECA is satisfied that the suspension or cancellation is justified on a ground specified in subregulation (2).

(2)The grounds are—

(a)the statement does not adequately identify potential food safety hazards or adequately identify control measures to address identified potential food safety hazards; or

(b)the primary producer is not operating according to the statement; or

(c)the Secretary DEECA is satisfied that the primary producer has provided false or misleading information to the declared authority.

(3)The declared authority must give written notice of the suspension or cancellation to the primary producer.

(4)Written notice given under subregulation (3) must specify the date on which—

(a)the suspension takes effect and the suspension ends; or

(a)the cancellation takes effect.

42Revocation of suspension

(1)A declared authority must revoke a suspension under regulation 41 of its approval of a statement under regulation 34 if the Secretary DEECA is satisfied that the ground for the suspension has ceased to exist.

(2)The declared authority must give written notice of the revocation to the primary producer.

(3)Written notice under subregulation (2) must specify the date on which the revocation takes effect.

Division 3—Recognition of use of industry-standard certification and audit schemes

43Application for recognition of use of industry‑standard certification and audit scheme

(1)For the purposes of clause 5(a) of Standard 4.1.1 of the primary production and processing standards, an applicant for registration or a registered primary producer may apply to a declared authority for recognition by the declared authority of the applicant's or the primary producer's use of an industry-standard certification and audit scheme, as a food safety management statement.

(2)An application under subregulation (1) must—

(a)be in a form approved by the Secretary DEECA; and

(b)contain the information required by the Secretary DEECA; and

(c)provide evidence of the primary producer's use of an industry-standard certification and audit scheme; and

(d)in the case of a recognition application made by an applicant for registration or a registered primary producer whose land area is more than 1 hectare, be accompanied by the approval application fee.

44Approval of application

Subject to this Part, a declared authority must approve a recognition application if—

(a)the application complies with regulation 43(2); and

(b)the applicant for registration or the registered primary producer satisfies the Secretary DEECA that—

(i)the applicant or primary producer uses the industry-standard certification and audit scheme specified in the application; and

(ii)the applicant's or primary producer's use of the scheme meets the requirements of a food safety management statement.

45Refusal of application

(1)A declared authority must refuse a recognition application if the Secretary DEECA is satisfied that doing so is justified on a ground specified in subregulation (2).

(2)The grounds are—

(a)the applicant for registration or the registered primary producer is not using the industry‑standard certification and audit scheme specified in the application; or

(b)a declared authority has refused a registration application made by the applicant for registration or a renewal application made by the registered primary producer; or

(c)the Secretary DEECA is satisfied that the applicant for registration or registered primary producer has provided false or misleading information in the recognition application; or

(d)the applicant for registration or the registered primary producer has not paid a fee payable by the primary producer under these Regulations.

46Conditions

(1)A declared authority's recognition of a primary producer's use of an industry-standard certification and audit scheme is subject to the conditions that the primary producer must—

(a)operate according to the industry-standard certification and audit scheme; and

(b)carry out any verification activity requested by the declared authority within the period specified by the declared authority; and

(c)participate in any verification activity carried out by the declared authority; and

(d)co-operate with any verification audit carried out by the declared authority.

(2)In addition, the declared authority must impose any other condition—

(a)that the Secretary DEECA considers appropriate; and

(b)at a time the Secretary DEECA considers appropriate.

(3)The declared authority must give written notice to the primary producer of any condition imposed under subregulation (2).

47Variation of conditions

(1)A declared authority must vary a condition imposed under regulation 46(2)—

(a)as the Secretary DEECA considers appropriate; and

(b)at a time the Secretary DEECA considers appropriate.

(2)The declared authority must give written notice to the primary producer of any condition varied under subregulation (1).

(3)Written notice under subregulation (2) must specify—

(a)the condition; and

(b)the date on which the condition takes effect.

48Recognition application fee

The recognition application fee is 12 fee units.

49Secretary DEECA may reduce recognition application fee

(1)The Secretary DEECA may reduce the recognition application fee payable by an applicant for registration or a registered primary producer (as the case may be) if the Secretary DEECA is satisfied that the circumstances of the applicant for registration or the registered primary producer justify the reduction.

(2)Without limiting subregulation (1), circumstances that justify a reduction include—

(a)paying the fee would cause undue financial hardship to the applicant for registration or the registered primary producer; and

(b)paying the fee would be manifestly unfair to the applicant for registration or the registered primary producer.

Example

If the applicant for registration or registered primary producer is affected by adverse weather events such as a flood or fire.

50Period of recognition

Subject to these Regulations, recognition under regulation 44 remains in effect for a period of 12 months after the date on which the recognition application is approved.

51Suspension or cancellation

(1)A declared authority must suspend or cancel its recognition under regulation 44 of a primary producer's use of an industry-standard certification and audit scheme if the Secretary DEECA is satisfied that the suspension or cancellation is justified on a ground specified in subregulation (2).

(2)The grounds are—

(a)the primary producer no longer uses the industry-standard certification and audit scheme; or

(b)the primary producer is not operating according to the industry-standard certification and audit scheme; or

(c)the Secretary DEECA is satisfied that the primary producer has provided false or misleading information to the declared authority.

(3)The declared authority must give written notice of the suspension or cancellation to the primary producer.

(4)Written notice given under subregulation (3) must specify the date on which—

(a)the suspension takes effect and the suspension ends; or

(b)the cancellation takes effect.

52Revocation of suspension

(1)A declared authority must revoke a suspension under regulation 51 of its recognition under regulation 44 of a primary producer's use of an industry-standard certification and audit scheme if the Secretary DEECA is satisfied that the ground for the suspension has ceased to exist.

(2)The declared authority must provide written notice of the revocation to the primary producer.

(3)Written notice under subregulation (2) must specify the date on which the revocation takes effect.

Division 4—Ongoing verification of statements

53Verification audit

(1)A declared authority may audit a registered primary producer's business activities for the purpose of verifying that the primary producer is operating according to the primary producer's food safety management statement.

(2)On and from 12 February 2027, a registered primary producer whose land area is more than 1 hectare must pay the verification audit fee to the declared authority for an audit carried out under this regulation.

54Verification audit fee

The verification audit fee is—

(a)1·56 fee units for every 15 minutes required to carry out the audit; and

(b)if carrying out the audit requires the declared authority to travel to and from the registered primary producer's premises, an additional 2·08 fee units for every 15 minutes, required to travel to and from the premises.

55Secretary DEECA may reduce verification audit fee

(1)The Secretary DEECA may reduce the verification audit fee payable by a registered primary producer if the Secretary DEECA is satisfied that the registered primary producer's circumstances justify the reduction.

(2)Without limiting subregulation (1), circumstances that justify a reduction include—

(a)paying the fee would cause undue financial hardship to the registered primary producer; and

(b)paying the fee would be manifestly unfair to the registered primary producer.

Example

If the registered primary producer is affected by adverse weather events such as a flood or fire.

PART 4—OFFENCES

56Unregistered primary producer must not sell primary produce

On and from 1 July 2025, a primary producer who is not a registered primary producer must not sell primary produce.

Penalty:10 penalty units.

57Primary producer must not provide false or misleading information in applications

(1)A primary producer must not provide in an application specified in subregulation (2) information that the primary producer knows is false or misleading.

Penalty:10 penalty units.

(2)The applications are—

(a)a registration application;

(b)a renewal application;

(c)an approval application;

(d)a recognition application.

58Registered primary producer must not contravene conditions

(1)A registered primary producer must not contravene any condition to which the registered primary producer's registration with a declared authority is subject.

Penalty:8 penalty units.

(2)A registered primary producer must not contravene any condition to which approval under Division 2 of Part 3 of a statement as the registered primary producer's food safety management statement is subject.

Penalty:8 penalty units.

(3)A registered primary producer must not contravene any condition to which recognition under Division 3 of Part 3 of the registered primary producer's use of an industry-standard certification and audit scheme as a food safety management statement is subject.

Penalty:8 penalty units.

SCHEDULE 1—PRIMARY PRODUCTION AND PROCESSING STANDARDS

Regulation 4

1Australia New Zealand Food Standards Code—Standard 4.1.1—Primary production and processing standard—preliminary provisions.

2Australia New Zealand Food Standards Code—Standard 4.2.7—Primary production and processing standard for berries.

3Australia New Zealand Food Standards Code—Standard 4.2.8—Primary production and processing standard for leafy vegetables.

4Australia New Zealand Food Standards Code—Standard 4.2.9—Primary production and processing standard for melons.

SCHEDULE 2—FEES

Regulations 11, 26 and 38

Table 1—Registration application fees

Column 1

Item

Column 2

Land area

Column 3

Fee
1 Less than or equal to 1ha 2 fee units
2 More than 1ha but less than or equal to 5ha 20 fee units
3 More than 5ha but less than or equal to 20ha 27 fee units
4 More than 20ha but less than or equal to 100ha 33 fee units
5 More than 100ha 40 fee units

Table 2—Renewal application fees

Column 1

Item

Column 2

Land area

Column 3

Fee
1 Less than or equal to 1ha 2 fee units
2 More than 1ha but less than or equal to 5ha 20 fee units
3 More than 5ha but less than or equal to 20ha 27 fee units
4 More than 20ha but less than or equal to 100ha 33 fee units
5 More than 100ha 40 fee units

Table 3—Approval application fee

Column 1

Item

Column 2

Land area

Column 3

Fee
1 More than 1ha but less than or equal to 5ha 25 fee units
2 More than 5ha but less than or equal to 20ha 37 fee units
3 More than 20ha but less than or equal to 100ha 48 fee units
4 More than 100ha 60 fee units

SCHEDULE 3—INDUSTRY-STANDARD CERTIFICATION AND AUDIT SCHEMES

Regulation 5

1Freshcare Food Safety & Quality Standard Edition 4.2, Freshcare Ltd, 9 November 2020

2Global Standard Food Safety Issue 9, BRCGS, August 2022

3Harmonized Produce Safety Standard (HPSS), Control Points and Compliance Criteria, English Version 1.2, Global G.A.P, 26 August 2020

4Integrated Farm Assurance GFS Principles and Criteria for Fruit and Vegetables, Global G.A.P, 2 September 2024

5Safe Quality Food Institute Food Safety Code: Primary Plant Production Edition 9, Food Industry Association, October 2020

═════════════


ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Food (Primary Production and Processing) Regulations 2025, S.R. No. 1/2025 were made on 11 February 2025 by the Governor in Council under section 63 of the Food Act 1984, No. 10082/1984 and came into operation on 11 February 2025.

The Food (Primary Production and Processing) Regulations 2025 will sunset 10 years after the day of making on 11 February 2035 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Food (Primary Production and Processing) Regulations 2025 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 1/2025 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2024.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 3, definition of food safety management statement, Schedule 1 item 1 Australia New Zealand Food Standards Code—Standard 4.1.1—Primary production and processing standards—preliminary provisions, as published by Food Standards Australia New Zealand on 19 July 2023 Clause 1, definition of food safety management statement, clause 5
Regulation 4, definition of primary producer, Schedule 1 item 1 Australia New Zealand Food Standards Code—Standard 4.1.1—Primary production and processing standards—preliminary provisions, as published by Food Standards Australia New Zealand on 19 July 2023 The whole
Regulation 4, definition of primary producer, Schedule 1 item 2 Australia New Zealand Food Standards Code—Standard 4.2.7—Primary Production and Processing Standard for Berries, as published by Food Standards Australia New Zealand on 12 August 2022 The whole
Regulation 4, definition of primary producer, Schedule 1 item 3 Australia New Zealand Food Standards Code—Standard 4.2.8—Primary Production and Processing Standard for Leafy Vegetables, as published by Food Standards Australia New Zealand on 19 July 2023 The whole
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 4, definition of primary producer, Schedule 1 item 4 Australia New Zealand Food Standards Code—Standard 4.2.9—Primary Production and Processing Standard for Melons, as published by Food Standards Australia New Zealand on 12 August 2022 The whole
Regulation 5, definition of industry‑standard certification and audit scheme, Schedule 3 item 1 Freshcare Food Safety & Quality Standard Edition 4.2, as published by Freshcare Ltd on 9 November 2020 The whole
Regulation 5, definition of industry‑standard certification and audit scheme, Schedule 3 item 2 Global Standard Food Safety Issue 9 as published by BRCGS in August 2022 The whole
Regulation 5, definition of industry‑standard certification and audit scheme, Schedule 3 item 3 Harmonized Produce Safety Standard (HPSS), Control Points and Compliance Criteria, English Version 1.2, as published by Global G.A.P. on 26 August 2020 The whole
Regulation 5, definition of industry‑standard certification and audit scheme, Schedule 3 item 4 Integrated Farm Assurance GFS Principles and Criteria for Fruit and Vegetables (English Version 6.0-GFS_AUG24) as published by Global G.A.P. on 2 September 2024 The whole
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 5, definition of industry‑standard certification and audit scheme, Schedule 3 item 5 Safe Quality Food Institute Food Safety Code: Primary Plant Production Edition 9, as published by the Food Industry Association in October 2020 The whole
Regulation 9(6), definition of unacceptable Australia New Zealand Food Standards Code—Standard 4.1.1—Primary production and processing standards—preliminary provisions, as published by Food Standards Australia New Zealand on 19 July 2023 Clause 3(2)
Regulation 24(6), definition of unacceptable Australia New Zealand Food Standards Code—Standard 4.1.1—Primary production and processing standards—preliminary provisions, as published by Food Standards Australia New Zealand on 19 July 2023 Clause 3(2)
Regulation 33 Australia New Zealand Food Standards Code—Standard 4.1.1—Primary production and processing standards—preliminary provisions, as published by Food Standards Australia New Zealand on 19 July 2023 Clause 5(a)
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 43 Australia New Zealand Food Standards Code—Standard 4.1.1—Primary production and processing standards—preliminary provisions, as published by Food Standards Australia New Zealand on 19 July 2023 Clause 5(a)
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