Food Production (Safety) Amendment Regulation (No. 2) 2004 (Qld)

Queensland Food Production (Safety) Amendment Regulation (No. 2) 2004 Subordinate Legislation 2004 No. 320 made under the FoodProduction(Safety)Act2000 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 4 (Compulsory standard and advisory standard) 3 5 Amendment of s 16 (Record keeping requirements) . . . . . . . . . . 4 6 Amendment of s 31 (Application of pt 4) . . . . . . . . . . . . . . . . . . . 4 7 Amendment of s 43 (Frequency of audits for risk category). . . . . 4 8 Insertion of new ch 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Chapter 3A Egg scheme Part 1 Contents of egg scheme 87A Egg scheme applies for eggs and egg products . . . . 5 87B Production of eggs and egg products for which egg scheme applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 87C Production of eggs and egg products for which egg scheme does not apply . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Food safety requirements Division 1 Preliminary 87D Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 2 General Subdivision 1 Information requirements

2 Food Production (Safety) Amendment Regulation (No. 2) 2004 No. 320, 2004 87E Information to be contained in food safety program—Act, s 41(1)(f). . . . . . . . . . . . . . . . . . . . . . . 7 87F Information about production business to be given to Safe Food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Subdivision 2 Egg production activities 87G Birds must be free of disease. . . . . . . . . . . . . . . . . . . 8 87H Stock food for consumption by birds. . . . . . . . . . . . . . 9 87I Eggs supplied must be free of chemical contaminants 9 87J Identifying eggs and egg products . . . . . . . . . . . . . . . 9 87K Supplying eggs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 87L Supplying egg products . . . . . . . . . . . . . . . . . . . . . . . 10 87M Pasteurising egg products . . . . . . . . . . . . . . . . . . . . . 11 Division 3 Records 87N Tracing birds used in production. . . . . . . . . . . . . . . . . 11 87O Tracing stock food. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 4 Register of egg producers 87P Register of egg producers . . . . . . . . . . . . . . . . . . . . . 12 9 Insertion of new ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Chapter 5 Transitional provision for Food Production (Safety) Amendment Regulation (No. ..) 2004 135 Application of s 87F before 1 July 2005 . . . . . . . . . . . 13 10 Amendment of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 11 Insertion of new schs 3A and 3B . . . . . . . . . . . . . . . . . . . . . . . . . 13 Schedule 3A Standards for egg scheme Part 1 Compulsory standards Part 2 Advisory standards Schedule 3B Risk categories for egg scheme Part 1 Low risk Part 2 High risk 12 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 15

s1 3 s4 Food Production (Safety) Amendment Regulation No. 320, 2004 (No. 2) 2004 1 Short title This regulation may be cited as the Food Production (Safety) Amendment Regulation (No. 2) 2004 . 2 Commencement This regulation, other than the following sections, commences on 1 July 2005— • section 8, to the extent it inserts new chapter 3A heading and section 87F • section 9. 3 Regulation amended This regulation amends the FoodProduction(Safety)Regulation 2002. 4 Amendment of s 4 (Compulsory standard and advisory standard) (1) Section 4(1)(b)— renumber as section 4(1)(c). (2) Section 4(1)— insert — ‘(b) for the egg scheme—schedule 3A, part 1, column 2 is the standard for a requirement mentioned in column 1 of the schedule opposite the requirement; or’. (3) Section 4(2)(b)— renumber as section 4(2)(c). (4) Section 4(2)— insert — ‘(b) for the egg scheme—schedule 3A, part 2, column 2 is the standard for a requirement mentioned in column 1 of the schedule opposite the requirement; or’.

s5 4 s7 Food Production (Safety) Amendment Regulation No. 320, 2004 (No. 2) 2004 5 Amendment of s 16 (Record keeping requirements) (1) Section 16(1)(b)— renumber as section 16(1)(c). (2) Section 16(1)— insert — ‘(b) for the egg scheme—sections 87N and 87O; or’. 6 Amendment of s 31 (Application of pt 4) Section 31(2), from ‘in’— omit, insert — ‘in— (a) for the dairy scheme—chapter 3, part 2 and part 3, division 3; or (b) for the egg scheme—chapter 3A, part 2; or (c) for the meat scheme—chapter 4, part 2.’. 7 Amendment of s 43 (Frequency of audits for risk category) (1) Section 43(3)(a), from ‘; and’— omit, insert — ‘; or (b) for the egg scheme—in schedule 3B, part 1; or (c) for the meat scheme—in schedule 5, part 1.’. (2) Section 43(5)(a), from ‘; and’— omit, insert — ‘; or (b) for the egg scheme—in schedule 3B, part 2; or (c) for the meat scheme—in schedule 5, part 3.’.

s8 5 s8 Food Production (Safety) Amendment Regulation No. 320, 2004 (No. 2) 2004 8 Insertion of new ch 3A After chapter 3— insert — ‘Chapter 3A Egg scheme ‘Part 1 Contents of egg scheme ‘87A Egg scheme applies for eggs and egg products ‘The egg food safety scheme (the egg scheme ) applies for eggs and egg products intended for human or animal consumption. ‘87B Production of eggs and egg products for which egg scheme applies ‘The egg scheme applies for the production of eggs and egg products, including, for example, the following— (a) rearing a bird at an egg production farm for egg production; (b) growing stock food at an egg production farm for consumption by a bird to be used for egg production; (c) producing eggs at an egg production farm, including under a preferred supplier arrangement; (d) storing eggs at an egg production farm, egg processing facility or wholesaler’s premises; (e) transporting eggs or egg products— (i) from an egg production farm to an egg processor or wholesaler; or (ii) from an egg processor to a wholesaler; or (iii) from a wholesaler to an egg processor; or (iv) within an egg production farm, egg processing facility or wholesaler’s premises; or

s8 6 s8 Food Production (Safety) Amendment Regulation No. 320, 2004 (No. 2) 2004 (v) from an egg producer, egg processor or wholesaler to a retailer, manufacturer or commercial user; (f) handling eggs or egg products at an egg production farm, egg processing facility or wholesaler’s premises; (g) washing and grading eggs, including assessing eggs for cracks; (h) off-farm sales of eggs; (i) processing eggs to produce egg products; (j) pasteurising egg products. ‘87C Production of eggs and egg products for which egg scheme does not apply ‘Despite section 87B, the egg scheme does not apply for the following— (a) growing or supplying stock food at a place other than an egg production farm for consumption by a bird to be used for egg production; (b) transporting stock food at or from a place other than an egg production farm for consumption by a bird to be used for egg production; (c) rearing a bird at a place other than an egg production farm for egg production; (d) rearing a bird as a pet or for breeding for show; (e) retail sales of eggs (other than off-farm sales), for human consumption; (f) any other supply of eggs or egg products by a manufacturer or commercial user.

s8 7 s8 Food Production (Safety) Amendment Regulation No. 320, 2004 (No. 2) 2004 ‘Part 2 Food safety requirements ‘Division 1 Preliminary ‘87D Application of pt 2 ‘(1) This part applies for food safety requirements for the egg scheme. ‘(2) The food safety requirements mentioned in chapter 2, part 4 1 apply in addition to the food safety requirements mentioned in this part. ‘(3) Despite subsection (2), if an activity mentioned in section 87B(a) or (b) is carried out in a location that is physically separate from where another activity mentioned in section 87B is carried out, the requirement stated in section 38 2 is the only food safety requirement that applies to the activity. ‘Division 2 General ‘Subdivision 1 Information requirements ‘87E Information to be contained in food safety program—Act, s 41(1)(f) ‘(1) This section applies if the activities carried out, or proposed to be carried out, by an accreditation holder or applicant for an accreditation include the production of eggs or egg products for supply. ‘(2) The person’s food safety program prepared under the egg scheme must state the person’s egg production identification. 1 Chapter 2 (Food safety schemes), part 4 (Food safety requirements) 2 Section 38 (Health and hygiene requirements)

s8 8 s8 Food Production (Safety) Amendment Regulation No. 320, 2004 (No. 2) 2004 ‘87F Information about production business to be given to Safe Food ‘(1) This section applies to a person who is engaged in the production of eggs or egg products and is, or is required to be, an accreditation holder under the egg scheme. ‘(2) Before starting production of eggs or egg products, the person must, in writing, give Safe Food the following information about the person’s egg and egg product business— (a) the contact details for the business, including its business name; (b) the name and business address of the proprietor of the business; (c) the nature of the business; (d) the location of all premises intended to be used by the person for the production of eggs or egg products. Maximum penalty—50 penalty units. ‘(3) Before any change happens in the person’s business that will result in information given by the person to Safe Food under this section being incomplete or inaccurate, the person must give Safe Food written notice of the change. Maximum penalty—50 penalty units. ‘Subdivision 2 Egg production activities ‘87G Birds must be free of disease ‘An accreditation holder must not obtain eggs for human or animal consumption from a bird the person knows, or ought reasonably to know, is affected by a disease, if the eggs may be unsafe. Maximum penalty—50 penalty units. Example of disease — Salmonella enteritidis

s8 9 s8 Food Production (Safety) Amendment Regulation No. 320, 2004 (No. 2) 2004 ‘87H Stock food for consumption by birds ‘(1) An accreditation holder must not feed stock food to a bird used for egg production if the holder knows, or ought reasonably to know, the food may introduce a risk of contaminating the eggs. Maximum penalty—50 penalty units. ‘(2) Without limiting subsection (1), stock food must not contain microbiological or chemical hazards at levels greater than the MRLs stated in the compulsory standard for the requirement. ‘87I Eggs supplied must be free of chemical contaminants ‘An accreditation holder must not supply eggs for human or animal consumption if the holder suspects, or ought reasonably to suspect— (a) the eggs have a residue level greater than the MRLs stated in the compulsory standard for the requirement; or (b) the eggs have been obtained from a bird that has been treated for a disease or illness, if the bird’s treatment does not comply with the Chemical Usage (Agriculturaland Veterinary) Control Act 1988 , part 2. 3 Maximum penalty—50 penalty units. ‘87J Identifying eggs and egg products ‘(1) An accreditation holder who produces eggs must not supply the eggs to a retailer, manufacturer or commercial user unless the holder has marked each carton containing the eggs with the holder’s egg production identification in the way stated in the holder’s approved program. Maximum penalty—50 penalty units. ‘(2) An accreditation holder who produces egg products must not supply the products to a retailer, manufacturer or commercial 3 Chemical Usage (Agriculture and Veterinary) Control Act 1988 , part 2 (Use of chemicals and substances having chemical residues)

s 8 10 s 8 Food Production (Safety) Amendment Regulation No. 320, 2004 (No. 2) 2004 user unless the holder has marked each package containing the product with the holder’s egg production identification in the way stated in the holder’s approved program. Maximum penalty—50 penalty units. ‘87K Supplying eggs ‘(1) A person must not supply an egg for sale if the person knows, or ought reasonably to know, its shell— (a) is cracked; or (b) has visible faeces, soil or other matter on it. Maximum penalty for subsection (1)—50 penalty units. ‘(2) Subsection (1) does not apply if the person supplies the egg to an accreditation holder for processing the egg and pasteurising the egg product. ‘(3) Also, if the person is an accreditation holder, it is a defence for the person to prove the person complied with the person’s approved program in producing the egg. ‘(4) An accreditation holder who supplies eggs under a preferred supplier arrangement must not supply eggs other than under the arrangement. Maximum penalty—50 penalty units. ‘87L Supplying egg products ‘(1) A person must not supply an egg product the person knows, or ought reasonably to know, has not been pasteurised. Maximum penalty—50 penalty units. ‘(2) Subsection (1) does not apply if the person supplies the egg product to an accreditation holder for pasteurising the egg product.

s 8 11 s 8 Food Production (Safety) Amendment Regulation No. 320, 2004 (No. 2) 2004 ‘87M Pasteurising egg products ‘(1) A person who produces egg products must pasteurise the egg products according to the compulsory standard for the requirement. 4 Maximum penalty—50 penalty units. ‘(2) Subsection (1) does not apply if the person supplies the egg products to an accreditation holder for pasteurising the egg products. ‘Division 3 Records ‘87N Tracing birds used in production ‘(1) An accreditation holder who produces eggs must keep records to trace each bird used in the production to ensure only birds not affected by disease are used. 5 Examples of records — 1 seller’s declaration if the bird is brought from another place 2 identification of a treated bird 3 record of a veterinary chemical product and drug treatment, treatment date, dosage and withholding period for a bird 4 record showing compliance with withholding period for a bird ‘(2) Also, the holder must keep records to trace each bird used in the production to ensure only eggs that are not contaminated are used. Examples of records — 1 identification of a treated bird 2 record showing only chemical products approved by the Australian Pesticides and Veterinary Medicines Authority established under the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cwlth) have been used for the bird 3 record of a chemical product and drug treatment, treatment date, dosage and withholding period for eggs from the bird 4 See the compulsory standard in schedule 3A, part 1, for the requirement. 5 See also section 16 (Record keeping requirements).

s 8 12 s 8 Food Production (Safety) Amendment Regulation No. 320, 2004 (No. 2) 2004 4 record showing compliance with withholding period for eggs from the bird ‘(3) Further, the holder must keep records for any supply or receipt of the following— (a) an egg, the shell of which is cracked or has visible faeces, soil or other matter on it; (b) an unpasteurised egg product. ‘87O Tracing stock food ‘An accreditation holder who produces eggs must keep records to trace stock food purchased for birds used in the production to ensure only appropriate stock food is used. Examples of records — 1 seller’s declaration if stock food is brought from another place 2 paddock identification or storage facility of treated stock food 3 record of a chemical product or drug treatment, treatment date, application rate and withholding period for stock food 4 record showing compliance with withholding period for stock food treated ‘Division 4 Register of egg producers ‘87P Register of egg producers ‘(1) Safe Food must keep a register of egg producers. ‘(2) The register must contain, for each egg producer— (a) the egg production identification; and (b) the information given by the producer to Safe Food under section 87F. ‘(3) Safe Food must ensure the register is available for inspection by members of the public during normal office hours at Safe Food’s head office.’.

s 9 13 s 11 Food Production (Safety) Amendment Regulation No. 320, 2004 (No. 2) 2004 9 Insertion of new ch 5 After chapter 4— insert — ‘Chapter 5 Transitional provision for Food Production (Safety) Amendment Regulation (No. 2) 2004 ‘135 Application of s 87F before 1 July 2005 ‘Before 1 July 2005, section 87F applies to a person engaged in the production of eggs or egg products on the commencement of the section as if— (a) the egg scheme mentioned in section 87A had commenced; and (b) the requirement in section 87F to give Safe Food information before starting production of eggs or egg products were a requirement to give the information before 1 April 2005.’. 10 Amendment of sch 1 (Fees) (1) Schedule 1, part 1, item 2(d), ‘meat or a meat product’— omit, insert — ‘eggs, egg products, meat or meat products’. (2) Schedule 1, part 1, item 2(f), after ‘producer’— insert— ‘(other than an egg producer who supplies eggs under a preferred supplier arrangement)’. 11 Insertion of new schs 3A and 3B After schedule 3— insert —

s 11 14 s 11 Food Production (Safety) Amendment Regulation No. 320, 2004 (No. 2) 2004 ‘Schedule 3A Standards for egg scheme section 4 ‘Part 1 Compulsory standards Column 1 Requirement Column 2 Compulsory standard 1 Transporting primary produce (s 33(5)) food standards code, Part 3.2 Food safety requirements , Standard 3.2.2 Food safety practices and general requirements, division 5 Cleaning, sanitising and maintenance 2 Health and hygiene requirements (s 38) (a) for an activity mentioned in section 87B(a) or (b) carried out in a physically separate location to where another activity mentioned in the section is carried out—food standards code, Part 3.2 Food safety requirements , Standard 3.2.2 Food safety practices and general requirements, division 4, clause 14 and division 5 (b) for another activity—food standards code, Part 3.2 Food safety requirements , Standard 3.2.2 Food safety practices and general requirements 3 Design, construction and maintenance of equipment (ss 33(4) and 40) food standards code, Part 3.2 Food safety requirements , Standard 3.2.3 Food premises and equipment 4 Stock food for food standards code, Part 1.4 Contaminants and consumption by bird used residues , Standard1.4.2 Maximum residue limits for egg production (Australia only) (ss 87H and 87I) 5 Pasteurising egg products food standards code, Part 1.6 Microbiological and (s 87M) processing requirements , Standard 1.6.2 Processing requirements

s 12 15 s 12 Food Production (Safety) Amendment Regulation No. 320, 2004 (No. 2) 2004 ‘Part 2 Advisory standards Column 1 Requirement Column 2 Advisory standard Skills and knowledge for persons processing primary produce (s 32) food standards code, Part 3.2 Food safety requirements , Standards 3.2.2 Food safety practices and general requirements , Division 2 General requirements, Item 3 Food handling—skills and knowledge ‘Schedule 3B Risk categories for egg scheme section 43 ‘Part 1 Low risk 1 producing eggs 2 transporting eggs or egg products ‘Part 2 High risk 1 processing eggs or egg products 2 pasteurising egg products’. 12 Amendment of sch 6 (Dictionary) (1) Schedule 6—

s 12 16 s 12 Food Production (Safety) Amendment Regulation No. 320, 2004 (No. 2) 2004 insert — ‘ commercial user means a place of business that prepares eggs or egg products for immediate human consumption. cracked , for an egg shell, means it contains cracks that are visible, or visible by candling. egg means a bird egg. egg processor means a person who— (a) engages in an activity mentioned in section 87B(d), (f), (g) or (i); or (b) receives eggs from an egg producer. egg producer means a person who produces eggs, whether or not the person grades, packs, washes, candles, oils or stores the eggs. egg product means all or part of the content of an egg in dried, frozen or liquid form. egg production identification , for a person, means the person’s unique identification, approved and registered by Safe Food, as an egg producer. Example of unique identification — a mark, or code, whether or not it includes the egg producer’s accreditation number egg scheme see section 87A. manufacturer means a person who uses eggs or egg products in manufacturing a product intended for human or animal consumption. off-farm sale means the sale of an egg from an egg production farm direct to the public or a retailer. preferred supplier arrangement means an arrangement— (a) under which an egg producer accredited under the egg scheme supplies eggs exclusively to an egg processor accredited under the scheme; and (b) approved under the egg producer’s and egg processor’s approved programs.’.

s 12 17 s 12 Food Production (Safety) Amendment Regulation No. 320, 2004 (No. 2) 2004 (2) Schedule, definition acceptable , paragraph (a), after ‘produce’— insert — ‘, eggs or egg products’. ENDNOTES 1 Made by the Governor in Council on 16 December 2004. 2 Notified in the gazette on 17 December 2004. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2004