Food Production (Safety) Amendment Regulation (No. 1) 2012 (Qld)

Queensland Food Production (Safety) Amendment Regulation (No. 1) 2012 Subordinate Legislation 2012 No. 101 made under the FoodProduction(Safety)Act2000 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 27 (Fees for accreditation) . . . . . . . . . . . . . . . . 3 4 Amendment of s 27A (Exemptions from fees for accreditation) . . 3 5 Amendment of s 29 (Payment of renewal fee) . . . . . . . . . . . . . . . 3 6 Replacement of s 88 (Meat scheme applies for meat and meat products) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 88 What meat scheme applies for . . . . . . . . . . . . . . . . . . 4 7 Amendment of s 89 (Production of meat and meat products for which meat scheme applies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Amendment of s 89A (Categories of accreditation) . . . . . . . . . . . 5 9 Amendment of s 89B (Requirement for program or management statement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Insertion of new ch 4, pt 2, div 7. . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 7 Additional provisions for poultry meat Subdivision 1 Preliminary 133A Purpose of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 133B Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 133C Meaning of unsuitable for poultry or poultry product . 6 Subdivision 2 Food safety requirements—production of poultry

Food Production (Safety) Amendment Regulation (No. 1) 2012 Contents 11 12 13 Schedule 133D Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 133E General food safety management . . . . . . . . . . . . . . . 133F Inputs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133G Waste disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133H Health and hygiene requirements. . . . . . . . . . . . . . . . 133I Skills and knowledge . . . . . . . . . . . . . . . . . . . . . . . . . 133J Design, construction and maintenance of premises, equipment and vehicles . . . . . . . . . . . . . . . . . . . . . . . 133K Traceability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133L Sale or supply of poultry. . . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Food safety requirements—processing of poultry 133M Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 133N General food safety management . . . . . . . . . . . . . . . 133O Receiving or processing poultry product . . . . . . . . . . 133P Inputs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133Q Waste disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133R Skills and knowledge . . . . . . . . . . . . . . . . . . . . . . . . . 133S Traceability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133T Sale or supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 134D (Production of seafood for which seafood scheme does not apply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 5 (Risk categories for meat scheme). . . . . . . Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 8 8 8 9 9 9 10 10 10 11 11 11 11 12 12 12 12 13 16 Page 2 2012 SL No. 101

Food Production (Safety) Amendment Regulation (No. 1) 2012 [s 1] 1 Short title This regulation may be cited as the Food Production (Safety) Amendment Regulation (No. 1) 2012 . 2 Regulation amended This regulation amends the FoodProduction(Safety)Regulation 2002. Note — See also the amendments in the schedule. 3 Amendment of s 27 (Fees for accreditation) (1) Section 27(2)— omit. (2) Section 27(3), ‘Also’— omit, insert— ‘However’. (3) Section 27(3)— renumber as section 27(2). 4 Amendment of s 27A (Exemptions from fees for accreditation) Section 27A(1)— insert— ‘(c) a poultry producer who supplies poultry under a preferred supplier arrangement.’. 5 Amendment of s 29 (Payment of renewal fee) Section 29(2), ‘section 27(3)’— omit, insert— ‘section 27(2)’. 2012 SL No. 101 Page 3

Food Production (Safety) Amendment Regulation (No. 1) 2012 [s 6] 6 Replacement of s 88 (Meat scheme applies for meat and meat products) Section 88— omit, insert— ‘88 What meat scheme applies for ‘The meat food safety scheme (the meat scheme ) applies for— (a) meat (other than seafood) intended for human consumption; and (b) ready-to-eat meat intended for human consumption; and (c) pet meat, pet meat products and rendered products intended for animal consumption; and (d) poultry intended for human consumption.’. 7 Amendment of s 89 (Production of meat and meat products for which meat scheme applies) (1) Section 89, heading— omit, insert— ‘89 Aspects of production of primary produce to which scheme applies’. (2) Section 89(1)(b) to (g)— renumber as section 89(1)(d) to (i). (3) Section 89(1)— insert— ‘(b) rearing, or live transporting, of poultry intended for human consumption; (c) other handling of poultry intended for human consumption;’. (4) Section 89(2)(a), after ‘animal’— insert— ‘, other than poultry,’. Page 4 2012 SL No. 101

Food Production (Safety) Amendment Regulation (No. 1) 2012 [s 8] (5) Section 89(2)(c), after ‘animal’, first mention— insert— ‘, other than poultry’. 8 Amendment of s 89A (Categories of accreditation) (1) Section 89A(e) to (g)— renumber as section 89A(f) to (h). (2) Section 89A— insert— ‘(e) producer;’. 9 Amendment of s 89B (Requirement for program or management statement) Section 89B(2)— insert— ‘(c) a producer.’. 10 Insertion of new ch 4, pt 2, div 7 Chapter 4, part 2— insert— ‘Division 7 Additional provisions for poultry meat ‘Subdivision 1 Preliminary ‘133A Purpose of div 7 ‘The purpose of this division is to give effect, generally, to the food standards code, standard 4.2.2 (Primary production and processing standard for poultry meat). 2012 SL No. 101 Page 5

Food Production (Safety) Amendment Regulation (No. 1) 2012 [s 10] Editor’s note — The standard may be viewed on Safe Food’s website at < ‘133B Definitions for div 7 ‘In this division— hazard means a biological, chemical or physical agent in, or condition of, food that has the potential to cause an adverse health effect in humans. inputs includes any feed, litter, water, chemicals or other substances used in, or in connection with, a primary production or processing activity. poultry means chicken, turkey, duck, squab (pigeons), geese, pheasants, quail, guinea fowl, muttonbirds and other avian species (other than ratites). poultry handler means a person who handles or supervises the handling of poultry intended for human consumption. poultry processor means a person accredited under the meat scheme in the category of processor who carries out processing, or transporting, of poultry product intended for human consumption. poultry producer means a person accredited under the meat scheme in the category of producer who carries out rearing, or live transporting, of poultry intended for human consumption. poultry product means the carcass of poultry, poultry meat or poultry meat product. processing means engaging in processing activities. sewage includes the discharge from toilets, urinals, basins, showers, sinks and dishwashers, whether discharged through sewers or other means. ‘133C Meaning of unsuitable for poultry or poultry product ‘Poultry or a poultry product is unsuitable if it— Page 6 2012 SL No. 101

Food Production (Safety) Amendment Regulation (No. 1) 2012 [s 10] (a) is damaged, deteriorated or perished to an extent that affects its reasonable intended use; or (b) contains any damaged, deteriorated or perished substance that affects its reasonable intended use; or (c) is the product of a diseased animal, or an animal that has died other than by slaughter, and has not been declared by or under an Act to be safe for human consumption; or (d) contains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food; or (e) is in a condition, or contains a substance, that a person would ordinarily regard as making the poultry, after processing, or poultry product unfit for human consumption. ‘Subdivision 2 Food safety requirements—production of poultry ‘133D Application of sdiv 2 ‘(1) The food safety requirements mentioned in chapter 2, part 4 or chapter 4, part 2 apply in addition to the food safety requirements mentioned in this subdivision. ‘(2) However, if there is an inconsistency between a food safety requirement mentioned in this subdivision and a food safety requirement mentioned in chapter 2, part 4 or chapter 4, part 2, the food safety requirement mentioned in this subdivision prevails to the extent of the inconsistency. ‘133E General food safety management ‘(1) A poultry producer must systematically examine all of its primary production operations to identify potential hazards and implement control measures to address those hazards. Maximum penalty—50 penalty units. 2012 SL No. 101 Page 7

Food Production (Safety) Amendment Regulation (No. 1) 2012 [s 10] ‘(2) A poultry producer must have evidence to show a systematic examination has been undertaken and control measures for identified hazards have been implemented. Maximum penalty—50 penalty units. ‘133F Inputs ‘A poultry producer must take all reasonable measures to ensure inputs do not make the poultry unsuitable. Maximum penalty—50 penalty units. ‘133G Waste disposal ‘(1) A poultry producer must store, handle or dispose of waste in a way that will not make the poultry unsuitable. Maximum penalty—50 penalty units. ‘(2) In this section— waste includes sewage, waste water, litter, dead poultry and garbage. ‘133H Health and hygiene requirements ‘(1) A poultry handler must exercise personal hygiene and health practices that do not make the poultry unsuitable. Maximum penalty—50 penalty units. ‘(2) A poultry producer must take all reasonable measures to ensure the following persons exercise personal hygiene and health practices that do not make the poultry unsuitable— (a) each poultry handler involved in the production of the poultry; (b) each person who works at the premises where the production is taking place; (c) each visitor to the premises. Maximum penalty—50 penalty units. Page 8 2012 SL No. 101

Food Production (Safety) Amendment Regulation (No. 1) 2012 [s 10] ‘133I Skills and knowledge ‘A poultry producer must ensure each poultry handler involved in the production of the poultry has appropriate— (a) skills in food safety and food hygiene; and (b) knowledge of food safety and food hygiene matters. Maximum penalty—50 penalty units. ‘133J Design, construction and maintenance of premises, equipment and vehicles ‘(1) This section applies if a poultry producer— (a) is producing poultry at premises; or (b) uses equipment or a vehicle for producing poultry. ‘(2) The poultry producer must ensure the premises, equipment or vehicle is designed and constructed so the premises, equipment or part of the vehicle containing the poultry— (a) minimises contamination of the poultry; and (b) minimises the harbouring of pests; and (c) is capable of being effectively cleaned and sanitised. Maximum penalty—20 penalty units. ‘(3) A poultry producer must ensure the premises, equipment or part of the vehicle containing the poultry is maintained and cleaned in a sanitary way, and maintained in good repair, to ensure the poultry is not made unsuitable. Maximum penalty—20 penalty units. ‘133K Traceability ‘A poultry producer must be able to identify the immediate recipient of the poultry handled by the poultry producer. Maximum penalty—50 penalty units. 2012 SL No. 101 Page 9

Food Production (Safety) Amendment Regulation (No. 1) 2012 [s 10] ‘133L Sale or supply of poultry ‘A poultry producer must not sell or supply poultry for human consumption if the producer knows, ought reasonably to know, or ought reasonably to suspect, the poultry is unsuitable. Maximum penalty—50 penalty units. ‘Subdivision 3 Food safety requirements—processing of poultry ‘133M Application of sdiv 3 ‘(1) The food safety requirements mentioned in chapter 2, part 4 or chapter 4, part 2 apply in addition to the food safety requirements mentioned in this subdivision. ‘(2) However, if there is an inconsistency between a food safety requirement mentioned in this subdivision and a food safety requirement mentioned in chapter 2, part 4 or chapter 4, part 2, the food safety requirement mentioned in this subdivision prevails to the extent of the inconsistency. ‘133N General food safety management ‘(1) A poultry processor must systematically examine all of its processing operations to identify potential hazards and implement control measures to address those hazards. Maximum penalty—50 penalty units. ‘(2) A poultry processor must have evidence to show a systematic examination has been undertaken and control measures for identified hazards have been implemented. Maximum penalty—50 penalty units. ‘(3) A poultry processor must verify the effectiveness of the control measures. Maximum penalty—50 penalty units. Page 10 2012 SL No. 101

Food Production (Safety) Amendment Regulation (No. 1) 2012 [s 10] ‘133O Receiving or processing poultry product ‘A poultry processor must not receive or process poultry product for human consumption if the processor knows, ought reasonably to know, or ought reasonably to suspect, the poultry product is unsuitable. Maximum penalty—50 penalty units. ‘133P Inputs ‘A poultry processor must take all reasonable measures to ensure inputs do not make the poultry product unsuitable. Maximum penalty—50 penalty units. ‘133Q Waste disposal ‘(1) A poultry processor must store, handle or dispose of waste in a way that will not make the poultry product unsuitable. Maximum penalty—50 penalty units. ‘(2) In this section— waste includes unsuitable poultry, unsuitable poultry product, sewage, waste water and garbage. ‘133R Skills and knowledge ‘A poultry processor must ensure each person involved in the processing has appropriate— (a) skills in food safety and food hygiene; and (b) knowledge of food safety and food hygiene matters; and (c) skills and knowledge to detect a condition that would render poultry or poultry product unsuitable. Maximum penalty—50 penalty units. 2012 SL No. 101 Page 11

Food Production (Safety) Amendment Regulation (No. 1) 2012 [s 11] ‘133S Traceability ‘A poultry processor must ensure it can identify the immediate supplier and immediate recipient of poultry product handled by the poultry processor. Maximum penalty—50 penalty units. ‘133T Sale or supply ‘A poultry processor must not sell or supply poultry product for human consumption if the processor knows, ought reasonably to know, or ought reasonably to suspect, the poultry product is unsuitable. Maximum penalty—50 penalty units.’. 11 Amendment of s 134D (Production of seafood for which seafood scheme does not apply) Section 134D(2)(a), ‘, other than bivalve molluscs,’— omit. 12 Amendment of sch 5 (Risk categories for meat scheme) (1) Schedule 5, part 1, item 5, ‘, other than retailing classified as medium risk’— omit. (2) Schedule 5, part 2, items 1 to 3— omit, insert— ‘1 processing of meat or meat products, other than ready-to-eat meat’. (3) Schedule 5, part 3, item 1— omit, insert— ‘1 processing of ready-to-eat meat’. Page 12 2012 SL No. 101

Food Production (Safety) Amendment Regulation (No. 1) 2012 [s 13] 13 Amendment of sch 6 (Dictionary) (1) Schedule 6, definitions preferred supplier arrangement , processing and processing activity — omit. (2) Schedule 6— insert— ‘ handling , in relation to poultry, includes the producing (including rearing, harvesting or catching), collecting, extracting, processing, manufacturing, storing, live transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of poultry for human consumption. hazard , for chapter 4, part 2, division 7, see section 133B. inputs , for chapter 4, part 2, division 7, see section 133B. poultry , for chapter 4, part 2, division 7, see section 133B. poultry handler , for chapter 4, part 2, division 7, see section 133B. poultry meat means the parts of a poultry carcass intended for human consumption. poultry processor , for chapter 4, part 2, division 7, see section 133B. poultry producer , for chapter 4, part 2, division 7, see section 133B. poultry product , for chapter 4, part 2, division 7, see section 133B. preferred supplier arrangement means an arrangement— (a) between— (i) an egg producer accredited under the egg scheme and an egg processor accredited under the scheme; or (ii) a poultry producer and a poultry processor; and (b) under which— 2012 SL No. 101 Page 13

Food Production (Safety) Amendment Regulation (No. 1) 2012 [s 13] Page 14 (i) the egg producer supplies eggs exclusively to the egg processor; or (ii) the poultry producer supplies poultry exclusively to the poultry processor; and (c) approved under— (i) the egg producer’s approved management statement and the egg processor’s approved program; or (ii) the poultry producer’s approved management statement and the poultry processor’s approved program. processing — (a) for chapter 4, part 2, division 7, see section 133B; or (b) of seafood, includes the following— (i) cutting into portions, dismembering, filleting, gilling, gutting, killing or skinning seafood; (ii) depuration of crustaceans or shellfish; (iii) peeling or shucking seafood; (iv) boiling of crustaceans; (v) adding brine to seafood; (vi) freezing, refrigerating, packing, storing, treating or washing seafood. processing activity includes cleaning, maintaining, sanitising, killing an animal, or doing anything to meat or a meat product, including, for example, deboning, portioning, mincing, freezing, chilling, marinating, crumbing, fully or partially cooking, rendering, manufacturing and packaging. ready-to-eat meat includes— (a) smallgoods; and (b) slow-cured meat; and (c) UCFM. sewage , for chapter 4, part 2, division 7, see section 133B. 2012 SL No. 101

Food Production (Safety) Amendment Regulation (No. 1) 2012 [s 13] UCFM means a comminuted fermented meat that has not had its core temperature maintained at 65ºC for at least 10 minutes or an equivalent combination of time and higher temperature during production, whether or not the meat has been heated. (3) Schedule 6, definition acceptable , paragraph (b)— omit, insert— ‘(b) for meat, and ready-to-eat meat, intended for human consumption— (i) for poultry meat—not unsafe or not unsuitable; or (ii) otherwise—not unsafe or not unwholesome;’. (4) Schedule 6, definitions processor and producer , ‘the seafood scheme’— omit, insert— ‘a food safety scheme’. (5) Schedule 6, definition unsuitable — insert— ‘(c) for poultry or a poultry product—see section 133C.’. 2012 SL No. 101 Page 15

Food Production (Safety) Amendment Regulation (No. 1) 2012 Schedule Schedule Minor amendments section 2 1 Replacement of ‘smallgoods’ with ‘ready-to-eat meat’ Each of the following provisions is amended by omitting the word ‘smallgoods’ and inserting the words ‘ready-to-eat meat’— • section 16(5)(b), example 5 • section 89 • section 106(3)(b) • section 108 • chapter 4, part 2, division 4, subdivision 2, heading • sections 109 to 115 • section 118(a)(ii) • chapter 4, part 2, division 6, subdivision 2, heading • sections 129 and 130 • schedule 4, part 1, column 1, item 6 • schedule 4, part 2, column 1, items 25 and 26 • schedule 6, definition further processing , example 1 • schedule 6, definition meat product • schedule 6, definition pet meat product • schedule 6, definition unwholesome. Page 16 2012 SL No. 101

Food Production (Safety) Amendment Regulation (No. 1) 2012 ENDNOTES 1 Made by the Governor in Council on 12 July 2012. 2 Notified in the gazette on 13 July 2012. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Agriculture, Fisheries and Forestry. © State of Queensland 2012 2012 SL No. 101 Page 17