Food Regulation 2004 (NSW)
This Regulation is the Food Regulation 2004.
This Regulation commences on 23 February 2004.
In this Regulation:
Notes included in this Regulation do not form part of this Regulation.
A reference in the Food Standards Code:
(a) to the relevant authority is to be read as a reference to the Director-General, and
(b) to the Act is to be read as a reference to the Food Act 2003, and
(c) to the appropriate enforcement agency is to be read as a reference to the Director-General, and
(d) to demonstrate is to be read as a reference to demonstrate to the satisfaction of the Director-General.
Standard 3.2.2 of the Food Standards Code is modified by inserting after clause 4 (4) the following subclause:
Subclause (1) does not apply to a food business in relation to food handling operations for fundraising events, that is, events:
(a) that raise funds solely for community or charitable causes and not for personal financial gain, and
(b) at which all the food sold is not potentially hazardous or is to be consumed immediately after thorough cooking.
Standard 3.3.1 of the Food Standards Code is modified by:
(a) inserting after clause 3 (2):
(3) Despite subclause (1), clause 3 of Standard 3.2.1 is to be read as not requiring a person who is carrying on a food business to which this Standard applies at 5 October 2008 to implement or comply with a food safety program until:
(a) in the case of a food business that is a same-day aged care establishment (as defined in the Schedule)—1 September 2009 or such later date as is notified in writing to the person by the NSW Food Authority, or
(b) in any other case—1 March 2009 or such later date as is notified in writing to the person by the NSW Food Authority.
(b) omitting the matter relating to child care centres in the Schedule to that Standard.
Expressions used in this clause have the same meaning as in Standard 3.1.1 of the Food Standards Code.
The Director-General may make an arrangement with a local council for the council to accept notifications under clause 4 of Standard 3.2.2 of the Food Standards Code on behalf of the Director-General and forward those notifications to the Director-General.
A local council that performs the service of accepting and forwarding a notification under subclause (2) may charge a fee for that service not exceeding the following:
(a) if the notification relates to 5 food premises or less—$50,
(b) if the notification relates to more than 5 food premises—$10 per premises.
A notification under clause 4 of Standard 3.2.2 of the Food Standards Code may be made:
(a) in a written form—directly to the Director-General or to the Director-General through a local council (under an arrangement made in accordance with subclause (2)), or
(b) in an electronic form by way of the Internet—directly to the Director-General.
A notification that is made in a written form directly to the Director-General must be accompanied by a processing fee of:
(a) if the notification relates to 5 food premises or less—$50, and
(b) if the notification relates to more than 5 food premises—$10 per premises.
A notification under clause 4 of Standard 3.2.2 of the Food Standards Code is not duly made unless it is accompanied by any fee that is required under this clause.
In this Part:
(a) a dairy business within the meaning of Part 4, or
(b) a meat business within the meaning of Part 5, or
(c) a plant products business within the meaning of Part 6, or
(d) a seafood business within the meaning of Part 7, or
(e) a vulnerable persons food business within the meaning of Part 8.
This Part and Parts 4–7 do not apply to or in respect of the handling of food on retail premises, other than the handling of meat on meat retail premises.
This Part and Parts 4–7 do not apply to or in respect of the handling of food in or from retail vehicles, other than vehicles used by milk vehicle vendors.
This Part and Parts 4–7 do not apply to or in respect of the handling of food that is not intended for sale, other than the handling of milk and dairy products that are not intended for sale.
In this clause:
(a) in a form ready to be consumed (such as is sold at a restaurant or take-away food shop), or
(b) in a form commonly referred to as cook and chill (that is, cooked packaged meat that requires reheating before consumption).
A person must not carry on a food business unless the person holds a licence authorising the carrying on of the food business.
A person may apply to the Food Authority for a licence to carry on a food business.
An application for a licence must:
(a) be made in a form approved by the Food Authority, and
(b) be accompanied by an application fee of $50, and
(c) be accompanied by the licence fee (other than a licence fee under Division 7 of Part 7) as calculated by the applicant in accordance with the information provided in the application form, and
(d) comply with any other requirements of this Regulation relating to applications for licences in respect of the type of food business concerned, and
(e) be accompanied by such information as the Food Authority requires to determine the application.
The Food Authority may require further information to be provided by the applicant if the Food Authority considers that the information is necessary to determine the application.
The Food Authority may, after considering an application for a licence:
(a) grant the application, with or without conditions, or
(b) refuse the application.
Without limiting the grounds on which the Food Authority may refuse to grant a licence, the Food Authority may refuse to grant a licence if it considers that there should be a food safety program for all or any of the food businesses proposed to be licensed and there is no such food safety program.
If the Food Authority decides to grant a licence but considers that the licence fee accompanying the application has been wrongly calculated by the applicant, the Food Authority must:
(a) refund the amount of any overpayment by the applicant, or
(b) give notice in writing of any additional amount that is required to be paid including a statement that the Food Authority may refuse to issue the licence until that amount is paid.
If the Food Authority grants an application for a licence, it must issue the licence to the applicant in a form that sets out the following:
(a) the activities authorised by the licence,
(b) the premises or vehicles on or in which such activities may be conducted,
(c) the conditions to which the licence is subject.
The Act defines
If the Food Authority refuses an application for a licence, it must give notice of the refusal in writing to the applicant setting out the reasons for the refusal and informing the applicant of the applicant’s rights of review under this Regulation.
If the Food Authority refuses an application for a licence, it is to refund any licence fee that was submitted by the applicant in connection with the application.
A licence has effect for a period of one year after the date on which the licence was issued or last renewed, except during any period of suspension or unless sooner cancelled.
Despite subclause (1), if an application for renewal of a licence is made in accordance with this Regulation but the application is not finally determined before the expiry of the licence, the licence continues in force if not suspended or sooner cancelled until the application is finally determined.
In addition to any conditions of a licence imposed by the Food Authority under clause 10, it is a condition of a licence that the holder of the licence ensure that the provisions of the Act, this Regulation and the Food Standards Code are complied with in relation to the carrying on of any activity authorised by the licence and any premises or vehicle to which the licence relates.
The Food Authority may vary any term of a licence or any condition imposed by the Food Authority on a licence.
The Food Authority may vary a term or condition of a licence only after having given the holder of the licence written notice of its intention to vary the term or condition setting out its reasons.
The notice must include a statement that the holder of the licence concerned may make submissions to the Food Authority in relation to the proposed variation within 14 days after the date of the notice.
Subclauses (2) and (3) do not apply to the variation of a term or condition of a licence at the request of the holder of the licence.
A variation of a term or condition of a licence:
(a) must be made by notice in writing, and
(b) must be served on the holder of the licence, and
(c) takes effect on the day on which the notice is served or on a later day specified in the notice.
The notice referred to in subclause (5) must set out the reasons for the variation and inform the holder of the licence of the rights of review under this Regulation.
The Food Authority may charge the holder of a licence who applies for a variation of the terms or conditions of the licence:
(a) an application fee of not more than $50, and
(b) if the Food Authority considers that any inspection or audit is required to enable it to determine the application properly, a charge for the inspection or audit in accordance with clause 20.
If the Food Authority varies a term or condition of a licence, it is to issue the holder of the licence with a replacement licence that takes account of the variation.
The holder of a licence will need to apply to the Food Authority for a variation under this clause of a term or condition of the licence if, for example, the holder proposes to change the activities authorised by the licence or the premises or vehicles on or in which such activities are conducted.
The Food Authority may suspend or cancel a licence:
(a) if the Food Authority is satisfied that the suspension or cancellation is necessary to avert a potential threat to food safety, or
(b) if the Food Authority is satisfied that there has been a contravention of any provision of the Act or this Regulation in relation to the carrying on of the food business authorised by the licence, or
(c) if the Food Authority is satisfied that a condition to which the licence is subject has been contravened, or
(d) if the Food Authority is of the opinion that the food safety program for the food business is inadequate or is not being properly implemented, or
(e) if any amount due to the Food Authority under the Act by the holder of the licence is unpaid, or
(f) if the Food Authority is of the opinion that the holder of the licence, or a person involved in the carrying on of the food business authorised by the licence, does not have the necessary capacity, experience or qualifications to ensure the safety of food for human consumption, or
(g) at the request of the holder of the licence.
The Food Authority may suspend or cancel a licence only after having given the holder of the licence written notice of its intention to suspend or cancel the licence setting out its reasons.
The notice must include a statement that the holder of the licence concerned may make submissions to the Food Authority in relation to the proposed suspension or cancellation within 14 days after the date of the notice.
Subclauses (2) and (3) do not apply to the suspension or cancellation of a licence at the request of the holder of the licence.
The suspension or cancellation of a licence:
(a) must be made by notice in writing, and
(b) must be served on the holder of the licence, and
(c) takes effect on the day on which the notice is served or on a later day specified in the notice.
The notice referred to in subclause (5) must set out the reasons for the suspension or cancellation and inform the holder of the licence of the rights of review under this Regulation.
If a licence authorises the carrying on of more than one activity, the Food Authority may suspend the licence to the extent to which it authorises a particular activity or activities to be carried on.
If a licence authorises the carrying on of an activity at 2 or more premises or in or on 2 or more vehicles, the Food Authority may suspend the licence to the extent to which it authorises activities to be carried on at particular premises or in or on a particular vehicle.
A licence is not transferable.
The holder of a licence is taken to apply for renewal of the licence:
(a) by paying the licence fee and, in the case of a licence that authorises the carrying on of a seafood business, the amount of any applicable levies under Divisions 7 and 8 of Part 7, as notified in writing to the holder by the Food Authority in accordance with clause 21, or
(b) if the holder has been given permission by the Food Authority under that clause to pay the relevant amount by instalments, by paying the appropriate instalment.
The Food Authority may:
(a) renew a licence with or without conditions, or
(b) refuse to renew the licence.
Without limiting the grounds on which the Food Authority may refuse to renew a licence, the Food Authority may refuse to renew a licence on any ground on which the Food Authority could have suspended or cancelled the licence.
If the Food Authority renews a licence, the Food Authority is to issue a further licence in a form that sets out the conditions to which the licence is subject.
If the Food Authority refuses to renew a licence, the Food Authority must give notice of the refusal in writing to the applicant setting out the reasons for the refusal.
A notice referred to in subclause (5) must inform the applicant of the applicant’s rights of review under this Regulation.
If the Food Authority refuses to renew a licence, the Food Authority is to refund any licence fee or levy that was submitted by the applicant in connection with the renewal.
The holder of a licence must ensure that, on every premises to which the licence relates, a copy of so much of the licence as is relevant to the premises is displayed.
Maximum penalty: 25 penalty units.
The holder of a licence must ensure that, on every vehicle to which the licence relates, a copy of so much of the licence as is relevant to the vehicle is carried.
Maximum penalty: 25 penalty units.
A food safety program for a food business referred to in paragraph (a), (b), (c) or (d) of the definition of
(a) comply with:
(i) the principles and guidelines set out in the document entitled Hazard Analysis and Critical Control Point (HACCP) System and Guidelines For Its Application published by the Codex Alimentarius Commission, or
(ii) Standard 3.2.1 of the Food Standards Code, and
(b) meet any other requirements notified in writing by the Food Authority to the applicant for a licence or the holder of the licence for the food business concerned.
A vulnerable persons food business within the meaning of Part 8 is required by Standard 3.3.1 of the Food Standards Code to comply with Standard 3.2.1 of that Code which contains requirements for the development and implementation of food safety programs.
The Food Authority must certify a food safety program for a food business to which a licence or proposed licence relates if the Food Authority is satisfied that:
(a) in the case of a food business referred to in paragraph (a), (b), (c) or (d) of the definition of
food business in clause 6, the food safety program complies with clause 18, or(b) in the case of a vulnerable persons food business, the food safety program complies with Standard 3.2.1 of the Food Standards Code.
For the purposes of determining whether a proposed food safety program for a food business should be certified, the Food Authority may arrange for an authorised officer to conduct an audit of the food safety program.
The charge payable for the carrying out by the Food Authority of:
(a) any inspection for the purposes of the Act in relation to a licence or application for a licence, or
(b) any audit of any food safety program or proposed food safety program required by this Regulation,
is $143.08 per hour with a minimum charge of half an hour (excluding time spent in travelling) plus $35.77 for travelling expenses.
The Food Authority may increase the amounts referred to in subclause (1) annually in accordance with the annual percentage increase (if any) in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.
The charges payable under this clause are payable to the Food Authority.
The Food Authority may reduce or waive payment of a charge in a particular case or class of cases.
For the purposes of section 87 (3) (b) of the Act, the prescribed fee is $800.
For the purposes of section 95 (2) (a) of the Act, the form set out in Schedule 1A is prescribed.
The Food Authority may arrange for an authorised officer to carry out an inspection of the premises and equipment involved in a food business, and the activities carried on in the course of the food business, before or after granting a licence in respect of the food business.
The Food Authority may arrange for a food safety auditor to do any of the following, before or after granting a licence in respect of a food business:
(a) to carry out an audit of the food safety program, or proposed food safety program, for the food business,
(b) to carry out an assessment of the food business to ascertain its compliance with requirements of the Food Safety Standards.
This clause is not intended to limit any powers of an authorised officer to carry out an inspection under Part 4 or 5 of the Act.
A food business must not, except with the approval of the Food Authority, arrange for a food safety auditor who is not a member of staff of the Food Authority to carry out an audit of the food safety program, or proposed food safety program, for the food business that is required under the Act or the regulations.
An application for approval must be made in a form approved by the Food Authority and must be accompanied by such documents and information as the Food Authority may require.
The Food Authority may grant an approval subject to such conditions as the Food Authority considers appropriate.
An approval may be granted so as to apply generally to the carrying out of audits on behalf of the applicant or so as to be limited to particular audits or types of audits.
An approval may be revoked by the Food Authority by notice in writing given to the food business.
A licence fee for a licence that authorises the carrying on of:
(a) a dairy business (within the meaning of Part 4) is to be calculated in accordance with clause 58, or
(b) a meat business (within the meaning of Part 5) is to be calculated in accordance with clause 132, or
(c) a plant products business (within the meaning of Part 6) is to be the fee determined from time to time by the Food Authority, or
(d) a seafood business (within the meaning of Part 7) is to be calculated in accordance with clause 161 and, where applicable, clause 162, or
(e) a vulnerable persons food business (within the meaning of Part 8) is to be the fee determined from time to time by the Food Authority.
If a licence authorises the carrying on of more than one food business, the licence fee is to be calculated as the total of the licence fees for each of those food businesses that would be applicable under subclause (1).
The Food Authority is to issue to each holder of a licence who is liable to pay a licence fee or levy under this Regulation a notice in writing before the expiration of the licence:
(a) specifying the amount of the licence fee or levy and the period (being not less than 42 days after the issue of the notice) within which the licence fee or levy must be paid, and
(b) specifying (where relevant) the method of calculating the amount of the licence fee or levy to be paid by that holder.
The holder of a licence may, before the expiration of the licence, apply to the Food Authority for approval to pay the licence fee or levy for a particular year by instalments.
An approval under this clause must be notified in writing to the holder of the licence concerned and must specify the amount of each instalment and the date by which each instalment must be paid.
The holder of a licence who has been given approval by the Food Authority to pay the licence fee or levy by instalments must pay each instalment in accordance with the terms of the approval.
If there is a failure by the holder of a licence who has approval to pay the licence fee or levy by instalments to pay the amount of an instalment by the date required in the approval, the total unpaid balance of the licence fee or levy may be treated by the Food Authority as an overdue amount even if payment by instalments has commenced.
The Food Authority may reduce or waive payment of a licence fee or levy in a particular case or class of cases.
Without limiting subclause (8), if a licence is granted after the commencement of a year for which a licence fee or levy is payable, the Food Authority may reduce the licence fee or levy payable by the holder of the licence for that year by a proportionate amount.
A person may apply to the Administrative Decisions Tribunal for a review of the following decisions:
(a) a decision to refuse to issue a licence to the person (other than a decision to refuse to issue the licence for non-payment of the whole or part of the licence fee),
(b) a decision to issue a licence to the person subject to conditions imposed by the Food Authority,
(c) a decision to vary the conditions of the person’s licence or to impose a condition on the person’s licence,
(d) a decision to suspend or cancel the person’s licence,
(e) a decision as to the assessment of the applicable licence fee for a licence held or to be held by the person,
(f) a decision as to the applicable levy to be paid by the person under this Regulation,
(g) a decision to revoke an approval as a meat safety officer under clause 128.
In this Part:
(a) a building used for or in connection with the milking of milking animals for the purpose of producing milk that is supplied or to be supplied for sale, or
(b) a building on a dairy farm, that is used for, or in connection with, the packaging of unprocessed goat’s milk that is supplied or is to be supplied for sale.
(a) any milk or dairy product is produced or packaged, or
(b) any milk is treated or processed after its production if the treatment or processing results in a product that is milk or a dairy product, or
(c) any dairy product is treated or processed after its production if the treatment or processing results in a product that is a dairy product,
but does not include a building or place used solely as a dairy building or dairy farm, or a building on a dairy farm that is used for, or in connection with, the packaging of unprocessed goat’s milk.
(a) who is the occupier of a milk store, dairy produce factory or dairy produce store, or
(b) who is a vehicle vendor.
(a) at least 50 per cent (measured by weight) of either or both of the following:
(i) cow’s milk,
(ii) any substance produced from cow’s milk (but disregarding any weight of the substance not attributable to milk), or
(b) at least 25 per cent (measured by weight) of either or both of the following:
(i) milk from a milking animal other than a cow,
(ii) any substance produced from milk from a milking animal other than a cow (but disregarding any weight of the substance not attributable to that milk), or
(c) at least 50 per cent (measured by weight) of either or both of the following:
(i) milk from any one or more species of milking animal,
(ii) any substance produced from milk from any one or more species of milking animal (but disregarding any weight of the substance not attributable to that milk).
The provisions of Part 3 and this Part are prescribed as a food safety scheme under Part 8 of the Act.
In this Part,
(a) the operation of a dairy farm,
(b) the operation of a milk store,
(c) the operation of a dairy produce factory,
(d) the operation of a dairy produce store,
(e) the delivery of milk by vehicle and the sale of milk so delivered,
(f) the collection of milk from a dairy farm for delivery or sale, or both, to a dairy produce merchant.
A person must not supply milk or cream for human consumption unless:
(a) the milk or cream has been pasteurised by one of the processes specified in Standard 4.2.4 (Primary production and processing standard for dairy products) of the Food Standards Code, and
(b) in the case of cow’s milk or cream—the milk or cream does not exhibit a phosphatase activity equivalent to that required to give a reading in excess of 10 µg/mL of p-nitrophenol when tested immediately after pasteurisation by the current standard method in AS 2300, Methods of chemical and physical testing for the dairying industry.
This clause does not apply:
(a) to a dairy farmer in respect of the supply of milk or cream by the dairy farmer to a dairy produce factory, or
(b) to a dairy produce factory in respect of the supply of milk or cream by the dairy produce factory to another dairy produce factory, or
(c) to goat’s milk, but only if:
(i) the milk has been produced in compliance with a food safety program, and
(ii) in the case of milk that is unpasteurised—the milk bears a label that includes an advisory statement in accordance with clause 2 of Standard 1.2.3 of the Food Standards Code, or
(d) to the supply of milk or cream by a dairy farmer, or dairy produce merchant, who is the holder of a licence to Dairy Farmers Milk Co-operative Limited (ARBN 108 690 384), or
(e) to the supply of milk or cream by Dairy Farmers Milk Co-operative Limited if the conditions set out in subclause (3) are complied with in relation to that supply.
For the purposes of subclause (2) (e), the following conditions must be complied with:
(a) Dairy Farmers Milk Co-operative Limited must obtain the milk or cream from a dairy farmer, or dairy produce merchant, who is the holder of a licence,
(b) Dairy Farmers Milk Co-operative Limited must supply the milk or cream to a licensed dairy produce factory,
(c) Dairy Farmers Milk Co-operative Limited must not deal with, or handle, the milk or cream except by obtaining it or supplying it in accordance with paragraphs (a) and (b) or disposing of it in a manner that will ensure that it cannot be used for the purposes of human consumption.
Milk and dairy products at dairy farms, a milk store, a dairy produce factory or a dairy produce store must be kept, stored and treated in a manner that will protect the milk or dairy products at all times from all conditions or situations that may allow contamination to enter, or cause spoilage or tainting of, the milk or dairy products.
The holder of a licence that authorises the transport of milk or dairy products must ensure that the milk or dairy products are transported in a manner that will protect the milk or dairy products at all times from all conditions or situations that may allow contamination to enter, or cause spoilage or tainting of, the milk or dairy products.
Products and materials must not be stored in the production area, manufacturing area, milk or dairy products storage area or packaging materials storage area of dairy premises, a milk store, a dairy produce factory or a dairy produce store, except those products and materials that are used:
(a) in the production or manufacture of milk, dairy products or other foods, or
(b) in the cleaning and sanitising of buildings and equipment used in connection with the production or manufacture of milk, dairy products or other foods.
The Food Authority must not grant or renew an application for a licence that authorises the carrying on of a dairy business unless it is satisfied that any building proposed to be used by the applicant as a dairy building:
(a) complies with the requirements set out in the publication Code of Practice for Dairy Buildings published by Safe Food, or
(b) is constructed in a way that is capable of delivering at least an equivalent outcome in terms of safe food production as a building that complies with the requirements referred to in paragraph (a).
If a dairy building used by the holder of a licence is substantially altered, added to or rebuilt after the licence is granted or renewed, the building must not be used as a dairy building except with the approval of the Food Authority and in accordance with any conditions of the approval.
An application for approval must be made in a form approved by the Food Authority and must be accompanied by such documents and information as the Food Authority may require.
The Food Authority may grant an approval subject to such conditions as the Food Authority considers appropriate.
A building must not be used as a dairy building unless equipment in the building used for or in connection with the milking of milking animals complies with the requirements set out in the publication Code of Practice for Dairy Buildings published by Safe Food, or the Food Authority otherwise approves in the particular case.
A dairy building must be maintained in good repair and clean condition.
Equipment in a dairy building used for or in connection with the milking of milking animals must be maintained in a serviceable and hygienic condition.
Milk harvested at dairy farms must, within 3 hours and 30 minutes after the commencement of milking:
(a) be processed or packaged, or
(b) be cooled to a temperature that is 4 degrees Celsius or less and must be kept at that temperature during storage at the premises.
The holder of a licence authorising the operation of a dairy produce factory must ensure that the following requirements are complied with in respect of milk collected from dairy farms for delivery to the dairy produce factory:
(a) milk must be sampled and sensory graded, and a record made of the volume and temperature of the milk and of the results of the sensory grading, by an appropriately qualified person,
(b) samples of milk must be taken, stored, transported and treated in accordance with the requirements of the NSW Dairy Manual,
(c) a sample of milk taken at dairy farms for microbiological testing must be a representative sample and must be taken aseptically,
(d) when a sample is taken for the purpose of testing for the presence of any anti-microbial drug residue, the sample must be a representative sample,
(e) milk received at a dairy produce factory must be tested in accordance with the requirements of the NSW Dairy Manual and a record of the test results kept at the factory and available for inspection for at least 12 months after the test,
(f) milk must not be processed for human consumption and must not be used in the manufacture of dairy products unless it complies with the requirements of the following standards of the Food Standards Code with respect to metals, chemical residues, drug residues and contaminants:
(i) Standard 1.4.1 (Contaminants and Natural Toxicants),
(ii) Standard 1.4.2 (Maximum Residue Limits),
(iii) Standard 2.5.1 (Milk).
The holder of a licence that authorises the operation of a dairy produce factory must ensure that the following requirements are complied with in respect of the collection of milk from dairy farms for delivery to the dairy produce factory:
(a) the frequency of milk collection from dairy farms must be such as to permit the cleaning and sanitising of the farm vat after emptying and before any more milk is placed in the vat,
(b) milk is not to be collected from any farm vat unless the temperature has been reduced to 4 degrees Celsius or less, unless specifically authorised in a particular case by the Food Authority,
(c) milk collection must be in accordance with the requirements of the publication Code of Practice for Collection of Milk from Dairy Farms published by Safe Food.
(Repealed)
The Food Authority must not grant or renew an application for a licence that authorises the operation of a dairy produce factory, dairy produce store or milk store unless it is satisfied that any building proposed to be used by the applicant as a dairy produce factory, dairy produce store or milk store complies with the requirements applicable in respect of the building under clause 39.
If a building authorised by a licence to be used as a dairy produce factory, dairy produce store or milk store is substantially altered, added to or rebuilt after the licence is granted or renewed, the building must not be used as a dairy produce factory, dairy produce store or milk store except with the approval of the Food Authority and in accordance with any conditions of the approval.
An application for approval must be made in an approved form and must be accompanied by such documents and information as the Food Authority may require.
The Food Authority may grant an approval subject to such conditions as the Food Authority considers appropriate.
Such of the requirements of Schedules 3 and 4 to the Export Control (Milk and Milk Products) Orders 2005 as are applied to this Scheme under the NSW Dairy Manual apply as part of this Scheme to and in respect of a dairy produce factory, dairy produce store or milk store.
Those provisions so apply with such modifications as may be provided for by the NSW Dairy Manual.
In this clause:
The following requirements apply in respect of the premises and buildings that comprise a dairy produce factory, milk store or dairy produce store and the equipment used there:
(a) the premises and buildings must be kept clean and in good repair,
(b) equipment must be cleaned immediately after use and kept clean prior to reuse, and must be kept in a clean and sanitary condition and in good repair,
(c) the premises, buildings and equipment must not be used to manufacture, process or pack any product other than food for human consumption, unless the Food Authority otherwise approves in a particular case.
(Repealed)
Milk received at a dairy produce factory must be cooled immediately to and held at a temperature of not more than 5 degrees Celsius until its use in manufacture or dispatch to another dairy produce factory.
This clause does not apply to milk that is processed or packaged within 3 hours and 30 minutes after the commencement of milking.
The holder of a licence that authorises the operation of a dairy produce factory must ensure that a record is kept of the details of:
(a) all milk, cream and other food ingredients received at the dairy produce factory for the manufacture of milk and dairy products, and
(b) all milk and dairy products dispatched by the dairy produce factory to another dairy produce factory, and
(c) the quantity, container type and size, date code or product batch number of each type of dairy product manufactured at and distributed from the dairy produce factory.
A record required by this clause must be kept at the dairy produce factory for not less than 12 months or the accepted shelf-life of the product to which the record relates, whichever is longer.
If raw milk is consigned from one dairy produce factory to another, the milk must be tested by the manager of each factory in accordance with the requirements as to test methods, standards and test frequencies specified in the NSW Dairy Manual.
The results of those tests must be advised by the manager of the consignor dairy produce factory to the manager of the consignee dairy produce factory prior to acceptance of the milk at the consignee dairy produce factory.
A record of the results of the tests must be kept at each factory for not less than 12 months.
Milk consigned from a dairy produce factory must not be accepted at another dairy produce factory if the temperature of the milk is more than 5 degrees Celsius on arrival at the other dairy produce factory.
When milk or cream is stored at a dairy produce factory pending processing, it must be kept at a temperature of not more than 5 degrees Celsius unless it is processed within 3 hours and 30 minutes after the commencement of milking.
When milk or cream is stored at a dairy produce factory where it will be packaged only, it must be kept at a temperature of not more than 5 degrees Celsius prior to packaging unless it is packaged within 3 hours and 30 minutes after the commencement of milking.
After processing of milk or cream at a dairy produce factory and prior to packaging, the milk or cream must be kept at a temperature of not more than 5 degrees Celsius.
Packaged milk and cream (other than commercially sterile products) must be cooled to and kept at a temperature of not more than 5 degrees Celsius after packaging.
In this clause,
(a) micro-organisms capable of reproducing in the food under normal non-refrigerated conditions of storage and distribution, and
(b) viable micro-organisms, including spores, of public health significance.
Milk and milk components used for the manufacture of dairy products for human consumption:
(a) must be processed as required by Standard 4.2.4 (Primary production and processing standard for dairy products) of the Food Standards Code, and
(b) in the case of cow’s milk or milk components—must not exhibit a phosphatase activity equivalent to that required to give a reading in excess of 10 µg/mL of p-nitrophenol when tested immediately after pasteurisation by the current standard method in AS 2300.1.10—1988, Methods of chemical and physical testing for the dairying industry—General methods and principles—Determination of phosphatase activity.
Equipment used for the pasteurisation of milk or milk components at a dairy produce factory:
(a) must comply with the requirements of the NSW Dairy Manual, and
(b) must be cleaned, sterilised and maintained in accordance with the requirements of the NSW Dairy Manual.
When milk is pasteurised at a dairy produce factory, a record must be made in respect of the pasteurisation as required by the NSW Dairy Manual.
A record required by subclause (2) must be kept at the dairy produce factory for not less than 12 months or the accepted shelf-life of the product to which the record relates, whichever is longer.
The holder of a licence that authorises the operation of a dairy produce factory must ensure that finished milk and dairy products produced at the factory for human consumption comply with the standards specified in the Food Standards Code.
The holder of a licence that authorises the operation of a dairy produce factory must ensure that finished milk and dairy products produced at the factory are tested for compliance with the microbiological standards specified in the NSW Dairy Manual.
A failure result in a test for the purposes of subclause (2) must be followed up by testing of all subsequent batches of the same product produced at the dairy produce factory until a satisfactory result is achieved.
Measures for the control of Salmonella contamination in dried milk products in a dairy produce factory must be carried out in accordance with the requirements of the publication Australian Manual for the Control of Salmonella in the Dairy Industry published by the Australian Dairy Authorities Standards Committee.
Measures for the control of Listeria contamination in a dairy produce factory must be carried out in accordance with the requirements of the publication Australian Manual for the Control of Listeria in the Dairy Industry published by the Australian Dairy Authorities Standards Committee.
A dairy produce factory must have a documented product recall and retrieval procedure in place at the factory.
The recall procedure must be in accordance with the Food Industry Recall Protocol published by Food Standards Australia New Zealand.
The holder of a licence that authorises the operation of a milk tanker or vessel that is used for the bulk transport of milk must ensure that the tanker or vessel is not used for any purpose except:
(a) the collection of milk from dairy farms, or
(b) the transportation of milk or cream, or
(c) the transportation of clean water or food-grade liquids that will not contaminate or affect the quality of milk or cream or leave residual odours.
The holder of a licence that authorises the operation of a milk tanker or vessel that is used for the bulk transport of milk must ensure that the tanker or vessel is not used to transport milk or cream unless the tanker or vessel is in good repair and has been cleaned to ensure that its interior surfaces are free of contaminants and that there are no unusual odours in the tanker or vessel.
Packaged milk and cream (other than commercially sterile products) stored at a milk store or dairy produce store must be kept at a temperature of not more than 5 degrees Celsius during storage.
Any other dairy product stored at a milk store or dairy produce store must be kept at a temperature of not more than 5 degrees Celsius during storage or at some other temperature that can be demonstrated to the satisfaction of the Food Authority to not adversely affect the microbiological safety of the product.
The holder of a licence that authorises the operation of a milk store or dairy produce store must ensure that records are kept of the details of all packaged milk, cream or dairy products received at and distributed from the store.
A record required by this clause must be kept at the milk store or dairy produce store for not less than 12 months or the accepted shelf-life of the product to which the record relates, whichever is longer.
The holder of a licence that authorises the delivery of milk by vehicle and the sale of the milk so delivered must ensure that:
(a) milk and dairy products in the vehicle are kept at a temperature of not more than 5 degrees Celsius, unless the Food Authority otherwise approves in a particular case or class of cases, and
(b) without limiting paragraph (a), milk and dairy products in the vehicle are not placed or kept in such a manner that the product will be deteriorated whether by heat or injurious smells, or by the proximity of unclean matter or by any other means.
(Repealed)
The holder of a licence that authorises the carrying on of a dairy business is liable to pay a licence fee determined in accordance with this clause and section 139 of the Act.
The amount of the licence fee is the fee determined by the Food Authority or the fee calculated on the basis determined by the Food Authority.
The Food Authority may determine a fee, or a basis for calculating a fee, for the purposes of subclause (2) that:
(a) applies generally or is limited in its application by reference to specified exceptions or factors, or
(b) applies differently according to different factors of a specified kind.
The following bodies are declared to be consultative bodies for the purposes of the consultation referred to in section 105 of the Act in respect of this Scheme:
(a) in relation to cow’s milk and cow dairy products—the New South Wales Dairy Industry Conference constituted by the Dairy Industry Act,
(b) in relation to goat’s milk or sheep’s milk and goat or sheep dairy products—the New South Wales Goat and Sheep Milk Industry Conference.
In this Part and Schedules 2–11:
(a) buildings used in connection with the slaughtering, handling, drafting or keeping of abattoir animals for human consumption at any premises so used, and
(b) holding yards and the like.
(a) any bull, ox, steer, cow, heifer, calf, ram, ewe, wether, hogget, lamb, goat, kid, swine, buffalo, crocodile, deer or rabbit,
(b) any bird.
(a) in the course of a business (being a business of preparing or selling animal food) meat or fish or any product of meat or fish is stored, packed, packaged, processed, treated, boned or cut up, or
(b) in the course of a business, processed animal food is produced,
but does not include:
(c) an abattoir, knackery, meat processing plant or game meat processing plant, or
(d) meat retail premises.
(a) any goat, kid, swine, deer, rabbit, camel, donkey, horse, hare or bird,
(b) any fauna permitted to be taken and killed for the purposes of sale in accordance with a licence under the National Parks and Wildlife Act 1974.
(a) in relation to the inspection of game meat for human consumption—a person approved in writing to inspect game animals for human consumption, or
(b) in relation to the inspection of game meat for use as animal food—a person approved in writing to inspect game animals for use as animal food.
(a) dead game animals intended for human consumption are, or game meat is, stored, packed, packaged, processed, treated, boned or cut up, or
(b) processed meat is produced from game meat,
but does not include:
(c) an abattoir, or
(d) meat retail premises.
(a) buildings used in or in connection with the slaughtering, destruction, handling, drafting or keeping of any such animals at any premises so used, and
(b) holding yards and the like.
(a) abattoir meat is stored, packed, packaged, processed, treated, boned or cut up, or
(b) processed meat is produced from abattoir meat,
but does not include:
(c) an abattoir, or
(d) meat retail premises.
(a) in a form ready to be consumed (such as is sold at a restaurant or take-away food shop), or
(b) in a form commonly referred to as cook and chill (that is, cooked packaged meat that requires reheating before consumption).
(a) an abattoir—the minimum standards specified in clause 66, or
(b) a meat processing plant—the minimum standards specified in clause 70, or
(c) a game meat processing plant—the minimum standards specified in clause 74, or
(d) a meat van—the minimum standards specified in clause 79, or
(e) a game meat van—the minimum standards specified in clause 84, or
(f) a knackery—the minimum standards specified in clause 88, or
(g) a rendering plant—the minimum standards specified in clause 91, or
(h) an animal food processing plant—the minimum standards specified in clause 95, or
(i) an animal food van—the minimum standards specified in clause 99, or
(j) meat retail premises—the minimum standards specified in clause 101.
(a) an abattoir—the operational standards specified in clause 67, or
(b) a meat processing plant—the operational standards specified in clause 71, or
(c) a game meat processing plant—the operational standards specified in clause 75, or
(d) a meat van—the operational standards specified in clause 80, or
(e) a game meat van—the operational standards specified in clause 85, or
(f) a knackery—the operational standards specified in clause 89, or
(g) a rendering plant—the operational standards specified in clause 92, or
(h) an animal food processing plant—the operational standards specified in clause 96, or
(i) meat retail premises—the operational standards specified in clause 102.
A reference in this Part to premises or a vehicle used for a purpose includes a reference to premises or a vehicle intended to be used for the purpose.
The provisions of Part 3, this Part and Schedules 2–11 are prescribed as a food safety scheme under Part 8 of the Act.
In this Part,
(a) an abattoir,
(b) a meat processing plant,
(c) a game meat processing plant,
(d) a meat van, other than solely for the purpose of conveying abattoir meat from retail premises that has been sold by retail,
(e) a game meat van,
(f) a knackery,
(g) a rendering plant,
(h) an animal food processing plant,
(i) an animal food van,
(j) meat retail premises.
A licence authorising the carrying on of a meat food business may authorise any of the following classes of activity:
(a) the operation of an abattoir,
(b) class 1, 2 or 3 meat processing,
(c) class 1, 2, 3, 4 or 5 game meat processing,
(d) the operation of a class 1, 2 or 3 meat van,
(e) the operation of a class 1, 2, 3, 4, 5 or 6 game meat van,
(f) the operation of a knackery,
(g) the operation of a rendering plant,
(h) class 1, 2, 3 or 4 animal food processing,
(i) the operation of a class 1, 2 or 3 animal food van,
(j) the operation of meat retail premises.
An application for a licence authorising the operation of an abattoir must be accompanied by:
(a) a copy of any consent required by or under the Environmental Planning and Assessment Act 1979, and
(b) a site plan showing:
(i) the location and dimensions of the site, and
(ii) the fall, if any, of the land comprising the site, and
(iii) the location of any watercourse adjacent to or passing through the site, and
(iv) the names and widths of any roads adjacent to the site, and
(v) the location of any railway lines adjacent to or passing through the site, and
(vi) the location of all existing and proposed buildings or other structures on the site, and
(vii) the direction of true north, and
(c) a floor plan showing the dimensions of all floor areas and the location of all appliances proposed to be used in connection with the slaughtering of animals or the dressing and processing of carcases, and
(d) a drainage plan showing proposals for floor drainage and effluent disposal and the location of hot and cold water outlets, hand-washing facilities and carcase-washing facilities, and
(e) a roof plan showing details of the roof structure of all existing and proposed buildings and the location of any existing or proposed skylights or vents, and
(f) longitudinal and cross-sectional drawings of all existing and proposed buildings, indicating the finish to be provided for walls, floors and partitions, the heights above floor level of all rails proposed to be used for the carriage of carcases or meat and the location of all appliances proposed to be used in connection with the slaughtering of animals or dressing and processing of carcases, and
(g) elevation drawings of each side of all existing and proposed buildings, showing the sizes and positions of all doorways, windows and other openings, and
(h) written specifications of materials to be used in the construction of all proposed buildings and other structures and of all appliances proposed to be used in connection with the slaughtering of animals or dressing and processing of carcases.
The drainage plan referred to in subclause (1) may be incorporated with the site plan or floor plan referred to in that subclause.
Any thing required to be shown on a plan or drawing referred to in subclause (1) may be shown on a separate plan or drawing.
Plans and drawings must be prepared in a professional manner.
An application to the Food Authority for its permission in respect of any structural alterations or additions to the premises to which a licence that authorises the operation of an abattoir relates is to be made in an approved form.
The applicant must furnish to the Food Authority:
(a) such plans and drawings relating to the structural alterations or additions as the Food Authority may require, and
(b) such written specifications of materials to be used in the construction of all proposed buildings and other structures and of all appliances proposed to be used in those buildings or structures as the Food Authority may require.
Plans and drawings must be prepared in a professional manner.
The minimum standards for an abattoir are as follows:
(a) in relation to an abattoir at which the slaughtering of meat (other than poultry meat, rabbit meat, ratite meat or crocodile meat) is authorised by the licence—the standards specified in the publication titled AS 4696—2002, The hygienic production and transportation of meat and meat products for human consumption published by Standards Australia, as in force from time to time,
(b) in relation to an abattoir at which the slaughtering of poultry meat is authorised by the licence—the standards specified in the publication titled Australian Standard for Hygienic Production of Poultry Meat for Human Consumption published by ARMCANZ, as in force from time to time,
(c) in relation to an abattoir at which the slaughtering of rabbit meat is authorised by the licence—the standards specified in the publication titled Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption published by ARMCANZ, as in force from time to time,
(d) in relation to an abattoir at which the slaughtering of ratite meat is authorised by the licence—the standards specified in the publication titled New South Wales Code of Practice for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption published by the Food Authority, as in force from time to time,
(e) in relation to an abattoir at which the slaughtering of crocodile meat is authorised by the licence—the standards specified in the publication titled Australian Standard for Hygienic Production of Crocodile Meat for Human Consumption published by ARMCANZ, as in force from time to time,
(f) in relation to an abattoir at which the slaughtering of more than one type of meat referred to in the preceding paragraphs is authorised by the licence—the minimum standards specified in each of the relevant paragraphs.
The operation of an abattoir must comply with the requirements of:
(a) each of the following:
(i) an approved hazard analysis critical control point program,
(ii) the publication titled AS 4696—2002, The hygienic production and transportation of meat and meat products for human consumption published by Standards Australia, as in force from time to time,
(iii) the publication specified in clause 66 in relation to an abattoir of the same type,
(iv) clause 9 of Standard 1.6.2 of the Food Standards Code, or
(b) an approved quality assurance program that incorporates the principles of a hazard analysis critical control point program.
An application for a licence that authorises the operation of a meat processing plant must be accompanied by:
(a) such plans and drawings as the Food Authority may require, and
(b) such written specifications of materials to be used in the construction of all proposed buildings and other structures and of all appliances proposed to be used in connection with any proposed meat processing operations as the Food Authority may require.
Plans and drawings must be prepared in a professional manner.
The Food Authority may issue:
(a) a licence that authorises class 1 meat processing in respect of a meat processing plant comprising premises where processed meat in the form of ham, bacon, sausages or cooked meat, or salted, smoked, pickled or cured abattoir meat is produced, or
(b) a licence that authorises class 2 meat processing in respect of a meat processing plant comprising premises where abattoir meat is stored or packed for the purpose of being stored, but not packaged, processed, treated, boned or cut up, or
(c) a licence that authorises class 3 meat processing in respect of a meat processing plant comprising premises other than premises referred to in paragraph (a) or (b).
The minimum standards for meat processing plants are as follows:
(a) in relation to a meat processing plant at which the processing of meat (other than poultry meat, rabbit meat, ratite meat or crocodile meat) is authorised by the licence—the standards specified in the publication titled AS 4696—2002, The hygienic production and transportation of meat and meat products for human consumption published by Standards Australia, as in force from time to time,
(b) in relation to a meat processing plant at which the processing of poultry meat is authorised by the licence—the standards specified in the publication titled Australian Standard for Hygienic Production of Poultry Meat for Human Consumption published by ARMCANZ, as in force from time to time,
(c) in relation to a meat processing plant at which the processing of rabbit meat is authorised by the licence—the standards specified in the publication titled Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption published by ARMCANZ, as in force from time to time,
(d) in relation to a meat processing plant at which the processing of ratite meat is authorised by the licence—the standards specified in the publication titled New South Wales Code of Practice for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption published by the Food Authority, as in force from time to time,
(e) in relation to a meat processing plant at which the processing of crocodile meat is authorised by the licence—the standards specified in the publication titled Australian Standard for Hygienic Production of Crocodile Meat for Human Consumption published by ARMCANZ, as in force from time to time,
(f) in relation to a meat processing plant at which the processing of more than one type of meat referred to in the preceding paragraphs is authorised by the licence—the minimum standards specified in each of the relevant paragraphs.
The operation of a meat processing plant must comply with the requirements of:
(a) each of the following:
(i) an approved hazard analysis critical control point program,
(ii) the publication titled AS 4696—2002, The hygienic production and transportation of meat and meat products for human consumption published by Standards Australia, as in force from time to time,
(iii) the publication specified in clause 70 in relation to a meat processing plant of the same type,
(iv) clause 9 of Standard 1.6.2 of the Food Standards Code, or
(b) an approved quality assurance program that incorporates the principles of a hazard analysis critical control point program.
An application for a licence that authorises the operation of a game meat processing plant must be accompanied by:
(a) such plans and drawings as the Food Authority may require, and
(b) such written specifications of materials to be used in the construction of all proposed buildings and other structures and of all appliances proposed to be used in connection with any proposed game meat processing operations as the Food Authority may require.
Plans and drawings must be prepared in a professional manner.
The Food Authority may issue:
(a) a licence that authorises class 1 game meat processing in respect of a game meat processing plant comprising premises where processed game meat in the form of sausages or cooked meat, or salted, smoked, pickled or cured game meat is produced, or
(b) a licence that authorises class 2 game meat processing in respect of a game meat processing plant comprising premises where game meat (except in the form of unflayed game meat carcases) is stored or packed for the purpose of being stored, but not packaged, processed, treated, boned or cut up, or
(c) a licence that authorises class 3 game meat processing in respect of a game meat processing plant comprising premises other than premises referred to in paragraph (a), (b), (d) or (e), or
(d) a licence that authorises class 4 game meat processing in respect of a game meat processing plant comprising premises where game meat in the form of unflayed carcases is stored but not packaged, processed, treated, boned or cut up, or
(e) a licence that authorises class 5 game meat processing in respect of a game meat processing plant comprising premises where game meat is treated, boned or cut up.
The minimum standards for game meat processing plants are the standards specified in the publication titled Australian Standard for the Hygienic Production of Wild Game Meat for Human Consumption published by CSIRO Publishing, as in force from time to time.
The operation of a game meat processing plant must comply with the requirements of:
(a) each of the following:
(i) an approved hazard analysis critical control point program,
(ii) the publication specified in clause 74 in relation to a game meat processing plant of the same type,
(iii) clause 9 of Standard 1.6.2 of the Food Standards Code, or
(b) an approved quality assurance program that incorporates the principles of a hazard analysis critical control point program.
The Food Authority may require an applicant for the issue of a licence that authorises the operation of a meat van to present the vehicle in respect of which the application is made for inspection by the Food Authority at such time and place as the Food Authority may determine.
The Food Authority is to issue to the holder of a licence that authorises the operation of a meat van a licensing label in respect of the vehicle to which the licence relates.
The licensing label issued by the Food Authority must be displayed in an approved position on the vehicle in respect of which it is issued whenever the vehicle is being operated as a meat van in the course of carrying on a business.
The Food Authority may issue:
(a) a licence that authorises the operation of a class 1 meat van in respect of a meat van fitted with rails from which abattoir meat conveyed in the van is to be suspended, or
(b) a licence that authorises the operation of a class 2 meat van in respect of a vehicle that is not a meat van referred to in paragraph (a) or (c), or
(c) a licence that authorises the operation of a class 3 meat van in respect of a vehicle that is used in the course of a business as a meat van, solely on journeys that in normal circumstances do not exceed 1 hour for the conveyance of:
(i) frozen abattoir meat from a cold store to a port, or
(ii) abattoir meat, that has been packed in cartons and secured to pallets, from the point of preparation to a cold store.
The minimum standards for meat vans are:
(a) for a class 1 or class 2 meat van—the standards specified in Part 8 of AS 4696—2002, The hygienic production and transportation of meat and meat products for human consumption published by Standards Australia, as in force from time to time, and
(b) for a class 3 meat van—the standards specified in Schedule 2.
The operation of a meat van must comply with the requirements of:
(a) Part 8 of AS 4696—2002, The hygienic production and transportation of meat and meat products for human consumption published by Standards Australia, as in force from time to time, or
(b) an approved quality assurance program that incorporates the principles of a hazard analysis critical control point program.
The Food Authority may require an applicant for the issue of a licence that authorises the operation of a game meat van to present the vehicle in respect of which the application is made for inspection by the Food Authority at such time and place as the Food Authority may determine.
The Food Authority is to issue to the holder of a licence that authorises the operation of a class 1, 2, 3, 4, 5 or 6 game meat van a licensing label in respect of the vehicle to which the licence relates.
The licensing label issued by the Food Authority must be displayed in an approved position on the vehicle in respect of which it is issued whenever the vehicle is being operated as a game meat van in the course of carrying on a business.
The Food Authority may issue:
(a) a licence that authorises the operation of a class 1 game meat van in respect of a game meat van fitted with rails from which flayed game meat carcasses conveyed in the van are to be suspended, or
(b) a licence that authorises the operation of a class 2 game meat van in respect of a vehicle that is not a game meat van referred to in paragraph (a), (c), (d), (e) or (f), or
(c) a licence that authorises the operation of a class 3 game meat van in respect of a vehicle that is used in the course of a business as a game meat van, solely on journeys that in normal circumstances do not exceed 1 hour for the conveyance of game meat, that has been packed in cartons and secured to pallets, from the point of preparation to a cold store, or
(d) a licence that authorises the operation of a class 4 game meat van in respect of a game meat van that is used in the course of a business for the conveyance of any game meat (other than rabbit or duck) from the point of harvest to a class 4 game meat processing plant, or
(e) a licence that authorises the operation of a class 5 game meat van in respect of a game meat van that is used in the course of a business for the conveyance of rabbit game meat from the point of harvest to a class 4 game meat processing plant, or
(f) a licence that authorises the operation of a class 6 game meat van in respect of a game meat van that is used in the course of a business for the conveyance of duck game meat from the point of harvest to a class 4 game meat processing plant.
The minimum standards for:
(a) a class 1, class 2 or class 3 game meat van are the standards specified in the publication titled AS 4696—2002, The hygienic production and transportation of meat and meat products for human consumption published by Standards Australia, as in force from time to time, and
(b) a class 4, class 5 or class 6 game meat van are the standards specified in the publication titled Australian Standard for the Hygienic Production of Wild Game Meat for Human Consumption published by CSIRO Publishing, as in force from time to time.
The operation of a game meat van must comply with the requirements of:
(a) the publication titled Australian Standard for the Hygienic Production of Wild Game Meat for Human Consumption published by CSIRO Publishing, as in force from time to time, or
(b) an approved quality assurance program that incorporates the principles of a hazard analysis critical control point program.
An application for a licence that authorises the operation of a knackery must be accompanied by:
(a) a copy of any consent required by or under the Environmental Planning and Assessment Act 1979, and
(b) a site plan showing:
(i) the location and dimensions of the site, and
(ii) the fall, if any, of the land comprising the site, and
(iii) the location of any watercourse adjacent to or passing through the site, and
(iv) the names and widths of any roads adjacent to the site, and
(v) the location of any railway lines adjacent to or passing through the site, and
(vi) the location of all existing and proposed buildings or other structures on the site, and
(vii) the direction of true north, and
(c) a floor plan showing the dimensions of all floor areas and the location of all appliances proposed to be used in connection with the slaughtering of animals or the dressing and processing of carcases, and
(d) a drainage plan showing proposals for floor drainage and effluent disposal and the location of hot and cold water outlets, hand-washing facilities and carcase-washing facilities, and
(e) a roof plan showing details of the roof structure of all existing and proposed buildings and the location of any existing or proposed skylights or vents, and
(f) longitudinal and cross-sectional drawings of all existing and proposed buildings, indicating the finish to be provided for walls, floors and partitions, the heights above floor level of all rails proposed to be used for the carriage of carcases or meat and the location of all appliances proposed to be used in connection with the slaughtering of animals or dressing and processing of carcases, and
(g) elevation drawings of each side of all existing and proposed buildings, showing the sizes and positions of all doorways, windows and other openings, and
(h) written specifications of materials to be used in the construction of all proposed buildings and other structures and of all appliances proposed to be used in connection with the slaughtering of animals or dressing and processing of carcases.
The drainage plan may be incorporated with the site plan or the floor plan.
Any thing required to be shown on a plan or drawing may be shown on a separate plan or drawing.
Plans and drawings must be prepared in a professional manner.
An application to the Food Authority for its permission in respect of any structural alterations or additions to premises authorised by a licence to be operated as a knackery is to be in an approved form.
The applicant must furnish to the Food Authority:
(a) such plans and drawings relating to the structural alterations or additions as the Food Authority may require, and
(b) such written specifications of materials to be used in the construction of all proposed buildings and other structures and of all appliances proposed to be used in those buildings or structures as the Food Authority may require.
Plans and drawings must be prepared in a professional manner.
The minimum standards for knackeries are the standards specified in Schedule 3.
The operation of a knackery must comply with the requirements of:
(a) Schedule 4, or
(b) an approved quality assurance program that incorporates the principles of a hazard analysis critical control point program.
An application for a licence that authorises the operation of a rendering plant must be accompanied by:
(a) such plans and drawings as the Food Authority may require, and
(b) such written specifications of materials to be used in the construction of all proposed buildings and other structures and of all appliances proposed to be used in connection with any proposed rendering operations as the Food Authority may require.
Plans and drawings must be prepared in a professional manner.
The minimum standards for a rendering plant are the standards specified in the publication titled AS 5008—2001, Hygienic rendering of animal products published by Standards Australia, as in force from time to time.
The operation of a rendering plant must comply with the requirements of:
(a) the publication specified in clause 91, or
(b) an approved quality assurance program that incorporates the principles of a hazard analysis critical control point program.
An application for a licence that authorises the operation of an animal food processing plant must be accompanied by:
(a) such plans and drawings as the Food Authority may require, and
(b) such written specifications of materials to be used in the construction of all proposed buildings and other structures and of all appliances proposed to be used in connection with any proposed animal food processing operations as the Food Authority may require.
Plans and drawings must be prepared in a professional manner.
The Food Authority may issue:
(a) a licence that authorises class 1 animal food processing in respect of an animal food processing plant comprising premises where meat, poultry or fish or any product of poultry is stored or packed for the purpose of being stored, but not packaged, processed, treated, boned or cut up, or
Unless otherwise approved by the Food Authority, the letters used in the brand must be 17 millimetres in height with a space of 9 millimetres between each row of words.
The units of measurement referred to in subclause (1) may be subject to the following tolerances:
(a) for dimensions not exceeding 10 millimetres—plus or minus 1 millimetre,
(b) for dimensions greater than 10 millimetres—plus or minus 2 millimetres.
(Clause 111)
The brand must be completed by inserting in the space marked “A” a number allocated to the premises by the Food Authority.
The dimensions of the brand are those approved by the Food Authority in relation to the type of game meat to which the brand is to be applied.
The units of measurement approved by the Food Authority in relation to the brand may be subject to the following tolerances:
(a) for dimensions not exceeding 10 millimetres—plus or minus 1 millimetre,
(b) for dimensions greater than 10 millimetres—plus or minus 2 millimetres.
(Clause 129 (5))
In this Schedule:
Subject to this Schedule, a member holds office for such period (not exceeding 2 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
The Minister may, from time to time, appoint a person to be the deputy of a member, and the Minister may revoke any such appointment.
In the absence of a member, the member’s deputy may, if available, act in the place of the member.
While acting in the place of a member, a person:
(a) has all the functions of the member and is taken to be a member, and
(b) is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.
The office of a member becomes vacant if the member:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Minister, or
(d) is removed from office by the Minister under this clause, or
(e) is absent from 4 consecutive meetings of the Council of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister for having been absent from those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
The Minister may at any time remove a member from office.
If the office of any member becomes vacant, a person is, subject to this Regulation, to be appointed to fill the vacancy.
In the absence of the Chairperson, the Deputy Chairperson may, if available, act in the place of the Chairperson.
While acting in the place of the Chairperson, the Deputy Chairperson has all the functions of the Chairperson and is taken to be the Chairperson.
The Chairperson or Deputy Chairperson vacates office as Chairperson or Deputy Chairperson if the person:
(a) is removed from office by the Minister, or
(b) ceases to be a member.
If:
(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Council, and
(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Council.
A disclosure by a member at a meeting of the Council that the member:
(a) is a member, or is in the employment, of a specified company or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).
Particulars of any disclosure made under this clause must be recorded by the Council in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Council.
After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Council otherwise determines:
(a) be present during any deliberation of the Council with respect to the matter, or
(b) take part in any decision of the Council with respect to the matter.
For the purposes of the making of a determination by the Council under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:
(a) be present during any deliberation of the Council for the purpose of making the determination, or
(b) take part in the making by the Council of the determination.
A contravention of this clause does not invalidate any decision of the Council.
The procedure for the calling of meetings of the Council and for the conduct of business at those meetings is, subject to this Schedule, to be as determined by the Council.
The quorum for a meeting of the Council is a majority of its members, of whom one must be the Chairperson or Deputy Chairperson.
The Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson) is to preside at a meeting of the Council.
The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Council at which a quorum is present is the decision of the Council.
The Council may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Council for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Council.
The Council may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Council.
A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Council.
Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
The Minister may call the first meeting of the Council in such manner as the Minister thinks fit.
(Clause 132)
Fees prescribed for the issue or renewal of a licence
Activities authorised by licence | Number of employees | Fee $ |
Abattoir, class 1,2 or 3 meat processing, operation of meat retail premises or operation of rendering plant | 0 to 5 | 250 |
More than 5 but no more than 50 | 500 | |
More than 50 | 2,000 | |
Class 1, 2, 3, 4 or 5 game meat processing | 0 to 5 | 310 |
More than 5 but no more than 50 | 605 | |
More than 50 | 2,355 | |
Operation of knackery or class 1, 2 or 3 animal food processing | 0 to 5 | 605 |
More than 5 but no more than 50 | 895 | |
More than 50 | 2,650 | |
Class 4 animal food processing | 185 | |
Operation of meat van, game meat van or animal food van | 185 |
(Clause 151)
Activity | General operating conditions | Premises conditions | Vehicle conditions |
Processing of seafood | Complies with Standard 3.2.2 of Food Standards Code | Complies with Standard 3.2.3 of Food Standards Code | Complies with Standard 3.2.3 of Food Standards Code |
Storage of seafood | Complies with Standard 3.2.2 of Food Standards Code | Complies with Standard 3.2.3 of Food Standards Code | Complies with Standard 3.2.3 of Food Standards Code |
Transportation of seafood | Complies with Standard 3.2.2 of Food Standards Code | Complies with Standard 3.2.3 of Food Standards Code | |
Wholesaling of seafood | Complies with Standard 3.2.2 of Food Standards Code | Complies with Standard 3.2.3 of Food Standards Code | |
Harvesting or collecting of bivalve molluscs | Complies with NSW Shellfish Program Operations Manual | ||
Depuration of bivalve molluscs | Complies with NSW Shellfish Program Operations Manual Complies with Code of Practice for Oyster Depuration in NSW | Complies with NSW Shellfish Program Operations Manual Complies with Code of Practice for Oyster Depuration in NSW |
(Clause 159)
In this Schedule:
(a) the NSW Shellfish Committee, or
(b) a local committee.
Subject to this Schedule, a member holds office for such term (not exceeding 3 years) as is specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
A member is entitled to be paid such allowances as the Food Authority from time to time determines in respect of the member.
The Food Authority may, from time to time, appoint a person to be the deputy of a member, and may at any time revoke any such appointment.
In the absence of a member, the member’s deputy:
(a) may, if available, act in the place of the member, and
(b) while so acting, has all the functions of the member and is to be taken to be the member.
A person while acting in the place of a member is entitled to be paid such allowances as the Food Authority may from time to time determine in respect of the person.
The office of a member becomes vacant if the member:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Food Authority, or
(d) is removed from office by the Food Authority under subclause (2), or
(e) is absent from 3 consecutive meetings of the committee of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the committee or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the committee for having been absent from those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
The Food Authority may at any time remove from office all or any of the members of a committee.
If the office of a member becomes vacant, a person is, subject to this Regulation, required to be appointed to fill the vacancy.
If:
(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the committee, and
(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the committee.
A disclosure by a member of a committee at a meeting of the committee that the member:
(a) is a member, or is in the employment, of a specified company or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under this clause.
Particulars of any disclosure made under this clause must be recorded by the members of the committee in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the members of the committee.
After a member of the committee has disclosed the nature of an interest in any matter, the member must not, unless the Food Authority or the other members of the committee otherwise determines or determine:
(a) be present during any deliberation of the committee with respect to the matter, or
(b) take part in any decision of the committee with respect to the matter.
For the purposes of the making of a determination by the members of the committee under subclause (4), a member of the committee who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:
(a) be present during any deliberation of the other members of the committee for the purpose of making the determination, or
(b) take part in the making by the other members of the committee of the determination.
A contravention of this clause does not invalidate any decision of the committee.
A member is taken not to have an interest in a matter for the purposes of this clause merely because the member is the holder of an aquaculture permit or aquaculture lease under the Fisheries Management Act 1994 or is the holder of a licence.
The procedure for the calling and holding of meetings of a committee is, subject to any direction by the Food Authority, to be determined by the committee.
The quorum for a meeting of a committee is a majority of its members for the time being.
The chairperson of a committee or, in the absence of the chairperson, another member elected to chair the meeting by the members present is to preside at a meeting of the committee.
The person presiding at a meeting of a committee has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of a committee at which a quorum is present is the decision of the committee.
(Clause 161)
Column 1 | Column 2 | Column 3 | Column 4 |
Activity of seafood business | Category | Number of employees | Amount payable ($) |
Fishers with or without a vessel who do any of the following activities:
| 1 | 310 | |
Finfish or crustacea aquaculture. | 2 | 0 to 10 | 250 |
3 | 11 to 50 | 500 | |
4 | More than 50 | 2,000 | |
Transportation of seafood by vehicle on land (except by fishers referred to in Category 1 if transporting their own catch of wild seafood to a store or processor). | 5 | 160 per vehicle | |
Businesses that process seafood (including freezing, thawing and preparing sushi) or store seafood (other than as referred to in Category 1) or that do both. | 6 | 0 to 10 | 250 |
7 | 11 to 50 | 500 | |
8 | More than 50 | 2,000 |
(Clause 186)
In this Schedule,
(a) Food Production (Dairy Food Safety Scheme) Regulation 1999,
(b) Food Production (Meat Food Safety Scheme) Regulation 2000,
(c) Food (Plant Products Food Safety Scheme) Regulation 2005,
(d) Food Production (Seafood Safety Scheme) Regulation 2001.
A person holding a licence under a former regulation immediately before 2 September 2005 is taken to hold a licence under this Regulation that authorises the same matters and is subject to the same terms and conditions.
A licence referred to in subclause (1) is taken to remain in force for the period for which it was originally granted or renewed (as the case may be) but may be suspended or cancelled in accordance with the provisions of this Regulation.
A person who is taken to be the holder of a licence under this Regulation and who:
(a) was carrying on a plants products business at the commencement of the former Food (Plant Products Food Safety Scheme) Regulation 2005, and
(b) made an application as referred to in clause 1 of Schedule 2 of that Regulation that has not been determined at the commencement of this Regulation,
is taken to be the holder of a licence under this Regulation that authorises the carrying on of the business until the Food Authority determines the application.
If a person is taken to be the holder of a licence under this clause in respect of more than one activity, the Food Authority may vary a licence issued to the person, under this Regulation to include authorisations for those activities. The provisions of clause 13 (2) and (3) of this Regulation do not apply to any such variation.
An application for a licence made under a former Regulation is taken to have been made under this Regulation.
A council, committee or other body established under a provision of a former Regulation is taken to have been established under the corresponding provision of this Regulation.
A fee that was unpaid under a former Regulation immediately before 2 September 2005 is taken to be a fee that is unpaid under this Regulation.
Any act, matter or thing that, immediately before the repeal of a former Regulation had effect under that Regulation and is not dealt with in another provision of this Schedule continues to have effect under this Regulation.
A provision of a former Regulation that enabled a person to make an application to the Administrative Decisions Tribunal for a review of a decision made under that Regulation is taken to continue to apply in respect of any such decision.
If a person who is carrying on a vulnerable persons food business (within the meaning of Part 8) on 18 August 2008 makes an application to the Food Authority:
(a) in accordance with this Regulation, and
(b) before 18 October 2008,
for a licence to carry on the business, the person is taken to be the holder of a licence authorising the carrying on of the business until the Food Authority determines the application.
Despite clause 10 (2), the Food Authority may grant a licence to an applicant who is carrying on a vulnerable persons food business (within the meaning of Part 8) on 18 August 2008, being a business for which the Food Authority considers there should be a food safety program, even though the applicant has not prepared a proposed food safety program.
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