Food Regulation 2010 (NSW)
This Regulation is the Food Regulation 2010.
This Regulation commences on the day on which it is published on the NSW legislation website.
The Food Regulation 2004 is repealed on the commencement of this Regulation.
In this Regulation:
Notes included in this Regulation do not form part of this Regulation.
For the purposes of the definition of
The Food Authority is prescribed as the appropriate enforcement agency for the purposes of sections 93, 95 and 100 of the Act.
The AUS-MEAT Domestic Retail Beef Register (Edition 3—2011 Version 1 amended 19 May 2011) published by AUS-MEAT Limited (ACN 082 528 881) is prescribed as a replacement document for the purposes of the definition of
For the purposes of section 109E (1) (d) of the Act, the office of general manager of a local council is prescribed.
For the purposes of section 66AA (1) of the Act, the prescribed fee is $330.
For the purposes of section 68 of the Act, if the current market value of a sample of food exceeds $10, the amount payable for the sample concerned is $10.
For the purposes of section 81 (3) (b) of the Act, the prescribed fee to accompany an application for an approval under Division 4 of Part 6 of the Act is $150.
The Food Authority may reduce or waive payment of the fee 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 1 is prescribed.
The charge payable for the carrying out by an authorised officer of a relevant enforcement agency of any inspection of a food business under section 37 of the Act (other than an inspection in relation to a licence or an application for a licence) is $250 per hour with a minimum charge of half an hour (excluding time spent in travelling).
The relevant enforcement agency may increase the amount 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 relevant enforcement agency whose authorised officer carried out the inspection under this clause.
The relevant enforcement agency may reduce or waive payment of a charge in a particular case or class of cases.
In this clause,
(a) the Food Authority,
(b) in respect of the Kosciuszko National Park, the Director-General of the Department of Premier and Cabinet,
(c) in respect of Lord Howe Island, the Lord Howe Island Board constituted by the Lord Howe Island Act 1953,
(d) a local council, but only in respect of an area that is not within a local government area.
An enforcement agency may impose an administration charge for a 12-month period on a person who carries on a food business that is not required to be licensed under the Act.
The charge is to be calculated in relation to each of the premises of the food business by reference to the number of full-time equivalent food handlers working at the premises indicated in Column 1 of the Table to this clause, as at the date the charge is imposed.
The amount of the charge must not exceed the maximum charge indicated in Column 2 of the Table to this clause.
A charge may only be imposed by an enforcement agency on a food business under this clause if the enforcement agency intends to carry out at least one inspection of the premises of the food business during the 12-month period to which the charge relates.
The enforcement agency is to issue each person who is liable to pay a charge under this clause with a notice in writing that specifies the following:
(a) the amount of the charge,
(b) the period for which the charge relates,
(c) the period within which the charge must be paid.
The person liable to pay a charge under this clause must pay the charge within the period specified in the notice.
If the enforcement agency does not carry out at least one inspection of the premises of the food business during the 12-month period to which the charge relates, the enforcement agency must refund the charge paid (if any) by the person who carries on the food business.
Any charge paid under this clause in respect of a food business that, after the charge has been paid and before the expiration of the period to which the charge relates, becomes licensed under the Act, is to be refunded as an amount proportionate to the remainder of the period to which the charge relates.
The enforcement agency may, on the application of the person liable to pay a charge under this clause, extend the time for payment of the charge or reduce or waive payment of the charge.
This clause does not apply to a food business that operates for the sole purpose of raising funds for a community or charitable cause.
Table
Number of full-time equivalent food handlers working at premises | Maximum charge per premises |
Up to and including 5 | $390 |
More than 5 but not more than 50 | $800 |
More than 50 | $3,500 |
For the purposes of the definition of
where:
In this clause:
(a) by the Food Authority, or
(b) under the direction of the Food Authority, or
(c) on behalf of the Food Authority, or
(d) for the benefit of the Food Authority,
but does not include the issuing of a penalty notice under the Act.
For the purposes of section 133F (3) (b) of the Act, the prescribed fee to accompany an application for a change to the register kept under Part 10A of the Act is $55.
A breach of a provision of Parts 4–10 does not constitute an offence against this Regulation unless a penalty is provided in the provision.
Subclause (1) does not affect the operation of section 104 of the Act in relation to the provisions of this Regulation.
Section 104 of the Act makes it an offence (among other things):
(a) for a person to handle food in a manner that contravenes a provision of a food safety scheme, and
(b) for a person who carries on a food business or activity for which a licence is required by the regulations to carry on that food business or activity without such a licence, and
(c) for the holder of a licence granted under the regulations to contravene or fail to comply with a condition of a licence.
For the purposes of section 120 of the Act:
(a) each offence arising under a provision specified in Column 1 of Schedule 2 is prescribed as a penalty notice offence, and
(b) the prescribed penalty for such an offence is:
(i) in the case of a penalty payable by an individual—the amount specified in relation to the offence in Column 2 of Schedule 2, and
(ii) in the case of a penalty payable by a corporation—the amount specified in relation to the offence in Column 3 of Schedule 2.
Terms that are used in this Part and are defined in Division 3 of Part 8 of the Act have the same meanings as they have in that Division.
The Food Authority may issue a food safety supervisor certificate.
Section 106B (3) of the Act provides that a food safety supervisor certificate may be issued by an approved training organisation or another person or body prescribed by the regulations.
An approved training organisation may issue a food safety supervisor certificate to a person only if the organisation is satisfied that:
(a) the person to whom the certificate is to be issued has attained the required units of competency in accordance with subclause (3), and
(b) at least one of the required units of competency was attained from the organisation and was attained when the organisation was an approved training organisation.
The Food Authority may issue a food safety supervisor certificate to a person only if the Authority is satisfied that:
(a) the person to whom the certificate is to be issued has attained the required units of competency in accordance with subclause (3), and
(b) the certificate could not be issued by an approved training organisation, for example, because:
(i) none of the required units of competency were attained from a person or body that was an approved training organisation when the units were attained, or
(ii) the approved training organisation from which the person attained one or more of the required units of competency has ceased to exist or its approval has been suspended or revoked.
The required units of competency must have been attained:
(a) within the period of 5 years immediately preceding the application for the certificate and on or after 1 January 2007, and
(b) in a manner that has been determined by the Food Authority and published on its internet website.
In this clause,
If the Food Authority changes its determination under this clause as to the required units of competency or the manner in which required units of competency must be attained, the change does not affect required units of competency attained in accordance with a previous determination of the Food Authority that was in force under this clause when the units were attained.
A food safety supervisor certificate must be issued in a form approved by the Food Authority and bear an identifying number assigned by the Authority.
A charge of $30 is payable to the Food Authority by an approved training organisation for the issue of a food safety supervisor certificate by the organisation.
The Food Authority or an approved training organisation may impose a fee or charge of not more than $30 for the issue of a food safety supervisor certificate to a person.
A registered training organisation (within the meaning of the Vocational Education and Training Act 2005) may make an application, in the approved form, to the Food Authority for the approval of the organisation under section 106H of the Act.
The application is to be accompanied by:
(a) such information as the Food Authority requires to determine the application, and
(b) an application fee of $100, and
(c) an approval fee of $1,200.
The Food Authority may, after considering an application for approval:
(a) grant the application, with or without conditions imposed by the Authority, or
(b) refuse to grant the application.
If the Food Authority grants an application for approval, it must issue the applicant with a written approval that sets out the conditions to which the approval is subject.
If the Food Authority refuses an application for approval, the Food Authority must:
(a) give notice of the refusal in writing to the applicant setting out the reasons for the refusal, and
(b) refund any approval fee that was submitted with the application.
This clause applies to an application for renewal of an approval under section 106H in the same way as it applies to an application for an approval. However, no application fee is payable in relation to an application for renewal of an approval.
In addition to any condition imposed on an approval by the Food Authority, an approval is subject to a condition that the registered training organisation complies with this clause.
The registered training organisation must ensure that a person does not conduct training on behalf of the organisation for the purposes of the issue of a food safety supervisor certificate unless the Food Authority has agreed in writing to the person carrying out such training.
The registered training organisation must:
(a) provide the documents and information required by the Food Authority to enable the Authority to determine whether to agree to a person carrying out that training, and
(b) obtain the consent of each person who proposes to conduct training on the organisation’s behalf to the provision of the information and documents referred to in paragraph (a) to the Food Authority.
The Food Authority is not to agree to a person carrying out training on behalf of an approved training organisation for the purposes of the issue of a food safety supervisor certificate unless the Authority is satisfied that:
(a) the person has had at least 3 years work experience in total as any one or more of the following:
(i) a food handler engaged by a retail food business undertaking duties that include the processing of ready-to-eat, potentially hazardous food at the premises of that business,
(ii) an authorised officer performing functions under the Act in relation to retail food businesses,
(iii) a trainer for a registered training organisation delivering an accredited course (within the meaning of the Vocational Education and Training Act 2005) in food safety or a training package (within the meaning of that Act) that includes such a course, or
(b) arrangements will be in place to provide the person with appropriate assistance to ensure that he or she is able to deliver a training outcome of at least the same standard as would be achieved if the person satisfied the requirements of paragraph (a).
Unless sooner cancelled, an approval remains in force for the period of 12 months from the date on which it was granted but may be renewed in accordance with this Division.
An approval does not have effect while it is suspended.
The Food Authority may:
(a) vary a condition imposed by the Authority on an approval or impose a condition on an approval, or
(b) suspend or cancel an approval.
The Food Authority may vary a condition of an approval or impose a condition on an approval, or suspend or cancel an approval only after having given the holder of the approval written notice of its intention to do so setting out its reasons.
The notice must include a statement that the holder of the approval concerned may make submissions to the Food Authority in relation to the proposed variation, imposition of condition, suspension or cancellation within 14 days after the date of the notice.
Subclauses (2) and (3) do not apply to the variation of a condition of an approval, or the cancellation of an approval, at the request of the holder of the approval.
A variation of the conditions of, imposition of conditions on or the suspension or cancellation of an approval:
(a) must be by notice in writing, and
(b) must be served on the holder of the approval, and
(c) takes effect on the day on which the notice is served or on a later day specified in the notice.
(Repealed)
For the purposes of Division 3 of Part 8 of the Act, food is
(a) arrives at the premises from which it is sold in a container or wrapper in or by which the food is wholly encased, enclosed, contained or packaged (whether or not the food is also in an outer container or wrapper that encases, encloses, contains or packages multiple units of the food), and
(b) is not removed from its container or wrapper (other than any such outer container or wrapper) before its sale at those premises.
The following food businesses are exempt from the operation of Division 3 of Part 8 of the Act:
(a) food businesses that are licensed under the Act,
(b) coffee vendors if the only processing of potentially hazardous food for sale is the heating of milk.
The sale of food for the purpose of raising funds solely for community or charitable causes is exempt from the operation of Division 3 of Part 8 of the Act.
The following premises are exempt from the operation of Division 3 of Part 8 of the Act:
(a) a primary or secondary school if the food is sold principally to students and staff at that school,
(b) a boarding school if the food is sold principally to students and staff at that school,
(c) premises where an approved education and care service within the meaning of the Children (Education and Care Services) National Law (NSW), or the Children (Education and Care Services) Supplementary Provisions Act 2011, is provided,
(d) premises where an out of school hours care service (within the meaning of section 220A of the Children and Young Persons (Care and Protection) Act 1998) is provided,
(e) correctional centres (within the meaning of the Crimes (Administration of Sentences) Act 1999),
(f) premises used by a food business where the processing of potentially hazardous food for sale involves one or more of the following activities only:
(i) the slicing of fermented meats or smallgoods, or both,
(ii) the slicing or portioning of cheese, or both,
(iii) the processing of raw seafood,
(iv) the slicing or portioning of fruit or vegetable, or both, that is ready-to-eat food,
(g) supermarkets if heated food is not sold.
In this Part:
(a) bread,
(b) breakfast cereal,
(c) butter,
(d) eggs,
(e) flour,
(f) fresh fruit and vegetables,
(g) fresh milk,
(h) meat,
(i) rice,
(j) sugar,
(k) packaged food other than food referred to in the preceding paragraphs.
In this Part, expressions defined for the purposes of Division 4 of Part 8 of the Act have the same meanings as in that Division.
For the purposes of section 106L (4) of the Act, food is
(a) arrives at the premises from which it is sold in a container or wrapper in or by which the food is wholly encased, enclosed, contained or packaged (whether or not the food is also in an outer container or wrapper that encases, encloses, contains or packages multiple units of the food), and
(b) is not removed from its container or wrapper (other than any such outer container or wrapper) before its sale at those premises.
The following standard food outlets are prescribed as standard food outlets to which section 106N of the Act applies:
(a) a standard food outlet of a food business that sells standard food items at 20 or more locations in New South Wales or at 50 or more locations in Australia,
(b) a standard food outlet of a food business that is operating in a chain of food businesses that sell standard food items if together those businesses sell standard food items at 20 or more locations in New South Wales or at 50 or more locations in Australia.
For the purposes of section 106N of the Act, the following kinds of nutritional information are prescribed in relation to standard food outlets:
(a) in relation to a standard food outlet that is not a supermarket, the average energy content of each standard food item for sale by the standard food outlet concerned expressed in kilojoules,
(b) in relation to a standard food outlet that is a supermarket, the average energy content of the whole or 100 g of each standard food item for sale by the standard food outlet concerned expressed in kilojoules,
(c) in relation to all standard food outlets, the following statement:
The average adult daily energy intake is 8,700 kJ.
The method of determining the nutritional information referred to in subclause (1) (a) or (b) is to calculate the average energy content of the whole of the standard food item concerned, or 100 g of the item, (as the case may be) in accordance with Standard 1.2.8 of the Food Standards Code.
If the average energy content is to be calculated for the whole of a standard food item, the average energy content is to be calculated in accordance with Standard 1.2.8 of the Food Standards Code, making necessary adjustments to ensure that the calculation is done in relation to the whole of the item rather than per 100 g.
The number of kilojoules calculated as referred to in subclause (2) may be rounded to the nearest 10 kJ.
For the purposes of section 106O of the Act, the kind of nutritional information that is prescribed is the energy content of any standard food item, or part or amount of a standard food item, for sale at the standard food outlet concerned.
The nutritional information is to be determined:
(a) in the case of a standard food item for sale at a standard food outlet that is not a supermarket, as the average energy content of the standard food item in kilojoules, and
(b) in the case of a standard food item for sale at a standard food outlet that is a supermarket, as the average energy content of the standard food item, or 100 g of the standard food item, in kilojoules, and
(c) in all cases, in accordance with Standard 1.2.8 of the Food Standards Code.
If the average energy content is to be calculated for the whole of a standard food item, the average energy content is to be calculated in accordance with Standard 1.2.8 of the Food Standards Code, making necessary adjustments to ensure that the calculation is done in relation to the whole of the item rather than per 100 g.
The number of kilojoules calculated as referred to in subclause (2) may be rounded to the nearest 10 kJ.
For the purposes of sections 106N and 106O of the Act, the locations where nutritional information referred to in clauses 16S (1) (a) and (b) and 16T (1) must be displayed in relation to a standard food item are:
(a) on each menu on which the name or price of the standard food item is displayed and on each price tag or label or identifying tag or label for the item, and
(b) if there are drive-through facilities, on the drive-through menu board that displays the name or price of the standard food item or on a separate adjacent board visible at or before the point of ordering, and
(c) adjacent to or in close proximity to the name or price of the standard food item so as to be clearly associated with the item.
The locations where nutritional information referred to in subclause (1) is displayed in relation to a standard food item are to be consistent with the locations where such nutritional information is displayed for all of the other standard food items that are displayed with that standard food item.
For the purposes of section 106N of the Act, the locations where the statement referred to in clause 16S (1) (c) must be displayed are:
(a) in one location on each menu on which the name or price of one or more standard food items is displayed and adjacent to or in close proximity to the standard food item or items so as to be clearly associated with the item or items, and
(b) if there are drive-through facilities, in one location on the drive-through menu board adjacent to or in close proximity to the standard food item or items so as to be clearly associated with the item or items, and
(c) in each area or display cabinet, or on each stand, where standard food items with price tags or labels or identifying tags or labels are displayed and adjacent to or in close proximity to the item or items so as to be clearly associated with the item or items and conspicuous to a person looking at the item or items.
For the purposes of sections 106N and 106O of the Act, the nutritional information referred to in clauses 16S (1) (a) and (b) and 16T (1) must:
(a) be clearly legible, and
(b) display the number of kilojoules in numerals and use the abbreviation “kJ”, and
(c) in the case of a standard food outlet that is not a supermarket, be in the same font, and at least the same font size, as the price displayed for the standard food item concerned or, if no price is displayed, as the name displayed for the item, and
(d) in the case of a standard food outlet that is a supermarket, be in the same font, and at least the same font size, as the price displayed for the standard food item concerned or the unit price displayed for the item (being the price per unit of measurement).
For the purposes of section 106N of the Act, the statement referred to in clause 16S (1) (c) must:
(a) be clearly legible, and
(b) in a case where only one standard food item is displayed on a menu, be in the same font, and at least the same font size, as the name of the item displayed or, if no name is displayed, as the price displayed for the item, and
(c) in a case where a number of standard food items are listed or displayed on a menu, be in the same font, and at least the same font size, as the name of the standard food item with the largest font size listed or displayed or, if no names are listed or displayed, as the price of the standard food item with the largest font size listed or displayed, and
(d) in the case of a standard food item or items displayed with a price tag or label or identifying tag or label in any area, display cabinet or stand, be in at least the same font size as the largest font size on the tags or labels for the standard food item or items in the area, display cabinet or stand.
The following food businesses are exempt from the operation of section 106N of the Act:
(a) convenience stores,
(b) service stations selling petrol or other fuel for motor vehicles,
(c) food businesses that primarily provide food catering services,
(d) food businesses that only sell food that is intended to be consumed on the premises at which it is sold.
Food sold by retail at a health care facility is exempt from the operation of section 106N of the Act.
A food business is exempt from the operation of section 106N of the Act in relation to a standard food item for a period of not more than 60 consecutive days during which the item is sold by the food business on a trial basis, but only if:
(a) not more than 5 standard food outlets of the food business in New South Wales sell that item during that period or part of that period, and
(b) the item has not been sold at any time before that period by that food business in any of those standard food outlets.
A supermarket is exempt from the operation of sections 106N and 106O of the Act until 1 February 2013.
On and from 1 February 2013, a supermarket is exempt from the operation of sections 106N and 106O of the Act in relation to a standard food item if:
(a) the item is displayed for sale as an individual item and is in a package on which is conspicuously displayed a nutrition information panel for the item, or
(b) the item is displayed for sale as part of a combination of standard food items and all of the standard food items in the combination are in one or more packages on which are conspicuously displayed nutrition information panels for each item in the combination.
A reference in the Food Standards Code:
(a) to the relevant authority is to be read as a reference to the Food Authority, 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 Food Authority, and
(d) to demonstrate is to be read as a reference to demonstrate to the satisfaction of the Food Authority.
Clause 4 of Standard 3.2.2 of the Food Standards Code is modified by inserting after subclause (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.
(Repealed)
Other modifications of the Food Standards Code that relate to a particular food safety scheme are contained in the relevant Part of this Regulation that contains provisions establishing that scheme.
Expressions used in this clause have the same meaning as in Standard 3.1.1 of the Food Standards Code.
The Food Authority 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 Food Authority and forward those notifications to the Food Authority.
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 Food Authority or to the Food Authority 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 Food Authority.
A notification that is made in a written form directly to the Food Authority 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 5, or
(b) a meat business within the meaning of Part 6, or
(c) a plant products business within the meaning of Part 7, or
(d) a seafood business within the meaning of Part 8, or
(e) a vulnerable persons food business within the meaning of Part 9, or
(f) an egg business within the meaning of Part 10.
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 (unless the Food Authority waives the application fee), and
(c) comply with any other requirements of this Regulation relating to applications for licences in respect of the type of food business concerned, and
(d) be accompanied by the licence fee (other than a licence fee under Division 6 of Part 8) as calculated by the applicant in accordance with the information provided in the application form, 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 waive payment of the application fee for a licence in a particular case or class of cases.
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 22, it is a condition of a licence that the holder of the licence ensure that the provisions of the Act and this Regulation, and the relevant provisions of 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 or may impose additional conditions on the licence.
The Food Authority may vary a term or condition of a licence, or impose an additional condition, only after having given the holder of the licence written notice of its intention to vary the term or condition or impose the additional 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 or imposition of the condition 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, or imposition of a condition, on the application of the holder of the licence.
A variation of a term or condition of a licence or the imposition of a condition:
(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 or imposition of the condition 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 or imposition of a condition on 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 37.
If the Food Authority varies a term or condition of a licence or imposes an additional condition on the licence, it is to issue the holder of the licence with a replacement licence that takes account of the variation or additional condition.
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 for doing so.
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 6 and 7 of Part 8, as notified in writing to the holder by the Food Authority in accordance with clause 29, 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.
A licence fee for a licence that authorises the carrying on of:
(a) a dairy business is to be calculated in accordance with clause 57, or
(b) a meat business is to be calculated in accordance with clause 101, or
(c) a plant products business is to be is to be calculated in accordance with clause 110, or
(d) a seafood business is to be calculated in accordance with clause 133 and, where applicable, clause 134, or
(e) a vulnerable persons food business is to be calculated in accordance with clause 148, or
(f) an egg business is to be calculated in accordance with clause 170.
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.
The Food Authority may require an applicant for the issue or renewal of a licence that authorises the operation of a vehicle 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 vehicle a licensing label in respect of the vehicle to which the licence relates.
The holder of a licence must ensure that any licensing label issued by the Food Authority in respect of a vehicle to which the licence relates is displayed in an approved position on the vehicle whenever the vehicle is being operated in the course of carrying on the food business authorised by the licence unless the expiry date shown on the label has passed.
Maximum penalty: 25 penalty units.
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.
If a food safety program is required for a food business by the Food Standards Code or under this Regulation (including by a condition on a licence imposed under this Regulation), the food safety program must comply with any requirements of the Food Standards Code and any requirements of this Regulation or made under this Regulation.
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 the food safety program for the business complies with the applicable requirements of the Food Standards Code and this Regulation.
For the purposes of determining whether a proposed food safety program for a food business should be certified, the Food Authority may arrange for a food safety auditor to conduct an audit of the food safety program.
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 the 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 this Regulation.
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.
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.
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 $250 per hour with a minimum charge of half an hour (excluding time spent in travelling).
The Food Authority may increase the amount 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.
A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 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 inspector given under clause 94.
In the dairy food safety scheme:
(a) the keeping, grazing, feeding and milking of animals, and
(b) the storage of milk on the premises at which the animals were milked.
(a) colostrum,
(b) milk,
(c) any food that contains at least 50 per cent (measured by weight) of either or both of the following:
(i) milk,
(ii) any substance produced from milk (but disregarding any weight of the substance not attributable to milk),
(d) without limiting paragraph (c), any of the following that comply with the requirements of that paragraph:
(i) liquid milk products,
(ii) cream and thickened cream,
(iii) butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee and anhydrous milk fat (butter oil),
(iv) casein, caseinate and cheese,
(v) whey, whey cream and concentrated whey cream,
(vi) cultured milk and yoghurt,
(vii) ice-cream and ice-cream mix,
(viii) buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates.
(a) the collection and transport of milk from a dairy primary production business to a dairy processing business,
(b) the transport of milk or dairy products between dairy processing businesses.
The provisions of Part 4, this Part and Part 1 of Schedule 4 are prescribed as a food safety scheme under Part 8 of the Act.
Unless a provision of the dairy food safety scheme or the Food Standards Code provides otherwise, that scheme does not apply to or in respect of the handling of food on retail premises.
Unless a provision of the dairy food safety scheme or the Food Standards Code provides otherwise, that scheme does not apply to or in respect of the handling of food in or from a vehicle from which the food is sold by retail, other than a vehicle used by a vehicle vendor.
Unless a provision of the dairy food safety scheme or the Food Standards Code provides otherwise, that scheme does not apply to or in respect of the handling of food that is not intended for sale.
In the dairy food safety scheme,
(a) the operation of a dairy primary production business,
(b) the operation of a dairy transport business,
(c) the operation of a dairy processing business,
(d) the operation of a dairy produce store (other than a dairy produce store that is operated on the same premises as a dairy processing business),
(e) the collection and transport of milk from a dairy farm to a dairy produce store (other than a dairy produce store that is operated on the same premises as the dairy processing business) or to a vehicle vendor,
(f) the collection and transport of goat’s milk from a dairy farm to a wholesaler or retailer,
(g) the collection and transport of dairy products from a dairy produce store to the premises of a dairy processing business or another dairy produce store or to a vehicle vendor, wholesaler or retailer,
(h) the delivery of milk by vehicle and the sale of milk so delivered.
For the purposes of section 21 (5) of the Act, the following provisions of the Food Standards Code apply to a dairy business that is primary food production:
(a) Standard 3.2.1,
(b) clauses 1–11 of Standard 4.2.4.
Standard 4.2.4 of the Food Standards Code is modified by:
(a) omitting the definition of
dairy processing from clause 1 (2) and by inserting instead:dairy processing means the packaging, treating, cutting or manufacturing of dairy products, and the packing and storing of those products on the premises where they are packaged, treated, cut or manufactured, but does not include dairy primary production,(b) by omitting the definition of
dairy products from clause 1 (2) and by inserting instead:dairy product means:(a) colostrum,
(b) milk,
(c) any food that contains at least 50 per cent (measured by weight) of either or both of the following:
(i) milk,
(ii) any substance produced from milk (but disregarding any weight of the substance not attributable to milk),
(d) without limiting paragraph (c), any of the following that comply with the requirements of that paragraph:
(i) liquid milk products,
(ii) cream and thickened cream,
(iii) butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee and anhydrous milk fat (butter oil),
(iv) casein, caseinate and cheese,
(v) whey, whey cream and concentrated whey cream,
(vi) cultured milk and yoghurt,
(vii) ice-cream and ice-cream mix,
(viii) buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates,
(c) by omitting clause 2 (3) and by inserting instead:
(3) This Standard (except clauses 15 and 16) does not apply to the handling of food in connection with the retail sale of the food from the premises where the food is handled.
A person must not sell (including sell by retail) a dairy product for human consumption unless the dairy product has been processed in accordance with the processing requirements specified in clauses 15 and 16 of Standard 4.2.4 of the Food Standards Code.
This clause does not apply:
(a) to a dairy primary production business in respect of the sale of milk or cream by the dairy primary production business to a dairy processing business, or
(b) to a dairy processing business in respect of the sale of a dairy product by the dairy processing business to another dairy processing business, 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.
Milk and milk components used for the manufacture of dairy products for human consumption must be processed as required by Standard 4.2.4 of the Food Standards Code.
Equipment used for the pasteurisation of milk or milk components at the premises of a dairy processing business must comply with the requirements of the Guidelines for Food Safety: Validation and Verification of Heat Treatment Equipment and Processes as developed by the Australia New Zealand Dairy Authorities’ Committee and as in force from time to time.
The holder of a licence authorising the operation of a dairy processing business must ensure that milk is not processed for human consumption and is not 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:
(a) Standard 1.4.1 (Contaminants and Natural Toxicants),
(b) Standard 1.4.2 (Maximum Residue Limits),
(c) Standard 2.5.1 (Milk).
Measures for the control of Salmonella contamination in dried milk products on the premises of a dairy processing business must be carried out in accordance with the requirements of the publication Australian Manual for Control of Salmonella in the Dairy Industry published by the Australian Dairy Authorities’ Standards Committee.
Measures for the control of Listeria contamination on the premises of a dairy processing business must be carried out in accordance with the requirements of the publication Australian Manual for Control of Listeria in the Dairy Industry published by the Australian Dairy Authorities’ Standards Committee.
The holder of a licence authorising the operation of a dairy transport business must ensure that the following requirements are complied with in relation to milk collected by the business for transport from a dairy primary production business to a dairy processing business:
(a) a record must be made of the temperature of the milk,
(b) a sample of milk must be taken that is a representative sample,
(c) the sample must be taken, stored and transported under temperature control.
The holder of a licence that authorises the operation of a dairy processing business must, at the holder’s own expense, ensure that the following are analysed in accordance with this clause:
(a) samples of dairy products that are handled in the course of the dairy business and are required to be analysed by the NSW Food Safety Schemes Manual,
(b) samples of water that has not been supplied through a reticulated water system and that is used in connection with the production and processing of dairy products in the course of the business.
Maximum penalty: 25 penalty units.
An analysis for the purposes of this clause is to be carried out at the frequency:
(a) except as provided by paragraph (b), required by the NSW Food Safety Schemes Manual, or
(b) required by a notice served on the holder of the licence under subclause (3).
The Food Authority may, by notice in writing given to the holder of a licence, do either or both of the following:
(a) specify the frequency at which analyses are to be carried out for the purposes of this clause,
(b) set out the standards required to be met in respect of the samples being analysed.
The holder of a licence that authorises the operation of a dairy processing business must ensure that every analysis carried out for the purposes of clause 52 is carried out in a laboratory approved by the National Association of Testing Authorities, Australia, or the Food Authority, for the particular type of analysis to be undertaken.
Maximum penalty: 25 penalty units.
The holder of a licence must, in accordance with subclause (3), notify the Food Authority of the details of any analysis carried out by or on behalf of the holder for the purposes of clause 52 if the results of the analysis indicate that:
(a) the sample analysed failed to meet the standards set out in the NSW Food Safety Schemes Manual, or
(b) where a notice was given to the holder under clause 52 (3) setting out the required standards, the sample analysed failed to meet those standards.
Maximum penalty: 25 penalty units.
A notification under subclause (2) must:
(a) be made orally within 24 hours after the holder becomes aware of the results of the analysis, and
(b) be made in writing within 7 days after the holder becomes aware of the results of the analysis.
The holder of a licence authorising the operation of a dairy processing business must ensure that the results of each analysis of a sample of milk carried out for the purposes of clause 52 are kept so as to be available for inspection for at least 12 months after the analysis is carried out.
The holder of a licence that authorises the operation of a dairy produce store (other than a produce store that is operated on the same premises as a dairy processing business) must ensure that records are kept of the details of all dairy products received at and distributed from the store.
A record required by this clause must be kept at the 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.
(Repealed)
The Food Authority is to establish a committee to be called the Dairy Industry Consultative Committee which has the following functions:
(a) undertaking consultation with the Food Authority for the purposes of section 105 of the Act in relation to the dairy food safety scheme,
(b) the ongoing review of the operation of the dairy food safety scheme.
The Committee is to consist principally of persons from the dairy industry appointed by the Food Authority.
The Food Authority may also appoint as members of the Committee:
(a) such members of staff of the Food Authority as the Food Authority determines, and
(b) such other employees of the Department of Trade and Investment, Regional Infrastructure and Services as the Food Authority determines, and
(c) such representatives of other bodies or organisations as the Food Authority determines.
The Food Authority is to appoint a Chairperson of the Committee from the members of the Committee.
The procedure for the calling and holding of meetings of the Committee is to be determined by the Food Authority.
The holder of a licence that authorises the carrying on of one or more of the activities specified in Column 1 of the Table in Part 1 of Schedule 4 is to pay a licence fee each year to the Food Authority that is equal to the total of the fees applicable to the licence as calculated in accordance with that Table.
The Food Authority may increase the amount of any licence fee payable under this clause 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.
In Part 1 of Schedule 4,
In the meat food safety scheme:
(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 animal of the bovine, bubaline, camelidae, caprine, cervidae, ovine, porcine or soliped species,
(b) rabbit,
(c) crocodile,
(d) 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, game meat primary processing plant or animal food field depot, or
(d) meat retail premises or any other retail premises.
(a) is not husbanded in the manner of a farmed animal, and
(b) is of a species that may be legally harvested, and
(c) is slaughtered in a wild state.
(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 or is further processed,
(c) game meat from carcases that have been flayed at other premises is stored, packed, packaged, processed, treated, boned or cut up, or
(d) processed meat is produced from game meat from carcases that have been flayed at other premises or is further processed,
but does not include:
(e) an abattoir, or
(f) meat retail premises or any other retail premises, or
(g) a game meat field depot, or
(h) a game meat primary processing plant.
(a) where in any week during the preceding calendar year, more than one tonne of meat, one tonne of processed meat or one tonne of any combination of meat or processed meat was sold by wholesale, or
(b) where all the meat sold is:
(i) in a form ready to be consumed (such as is sold at a restaurant or take-away food shop), or
(ii) in a form commonly referred to as cook and chill (that is, cooked packaged meat that requires reheating before consumption).
(a) in relation to an abattoir, the meat safety inspector appointed for the abattoir in accordance with clause 94, or
(b) in relation to a game meat primary processing plant, the meat safety inspector appointed for the processing plant in accordance with clause 94.
A reference in the meat food safety scheme to premises or a vehicle used for a purpose includes a reference to premises or a vehicle intended to be used for the purpose.
For the purposes of the meat food safety scheme, a reference to Australian Standard AS 4841–2006, Hygienic production of pet meat in the following documents is to be read as a reference to the document titled Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88, published by CSIRO and as in force from time to time:
(a) Australian Standard AS 4465–2006, Construction of premises and hygienic production of poultry meat for human consumption,
(b) Australian Standard AS 4464–2007, Hygienic production of wild game meat for human consumption.
The provisions of Part 4, this Part, Part 2 of Schedule 4 and Schedules 5–7 are prescribed as a food safety scheme under Part 8 of the Act.
(Repealed)
The meat food safety scheme does not apply to or in respect of the handling of food in or from a vehicle from which the food is sold by retail.
The meat food safety scheme does not apply to or in respect of the handling of food that is not intended for sale.
In the meat food safety scheme,
(a) an abattoir,
(b) a meat processing plant,
(c) a game meat field depot,
(d) a game meat primary processing plant,
(e) a meat van,
(f) a game meat field harvesting van,
(g) a knackery,
(h) a rendering plant,
(i) an animal food processing plant,
(j) an animal food field depot,
(k) an animal food van,
(l) an animal food field harvesting van,
(m) meat retail premises,
(n) a poultry farm.
For the purposes of section 21 (5) of the Act, the following provisions of the Food Standards Code apply to a food business (within the meaning of section 6 of the Act) that involves the handling of food (being poultry) for human consumption and is primary food production:
(a) clause 4 of Standard 3.2.2 unless the food business is referred to in section 101 of the Act,
(b) Standard 4.1.1,
(c) clauses 1–10 of Standard 4.2.2 (as modified by this Part).
Standard 4.2.3 of the Food Standards Code is modified by:
(a) omitting the words “Table 1 or” from clause 4, and
(b) omitting Table 1 to clause 4.
Standard 3.1.1 of the Food Standards Code is modified by inserting after subclause 4 (5) (as inserted by clause 154 (3) of this Regulation):
The proprietor of a food business (within the meaning of section 6 of the Food Act 2003 of New South Wales) that involves the handling of food (being poultry) and is primary food production must ensure that the food business complies with clause 4 of Standard 3.2.2—Food Safety Practices and General Requirements unless the food business is the subject of a licence or some other form of authorisation under that Act.
Standard 4.2.2 of the Food Standards Code is modified by inserting the following after subclause 3 (3):
A poultry producer is not required to comply with any requirement of this clause until 1 July 2013 or such later date as is notified in writing to the poultry producer by the NSW Food Authority before 1 July 2013.
In this clause,
(a) the growing of more than 100 birds (being poultry for human consumption) at any time,
(b) the live transporting of more than 100 birds (being poultry for human consumption) in any week.
Standard 4.2.2 of the Food Standards Code is modified by inserting the following after subclause 12 (4):
A poultry processor is not required to comply with any requirement of this clause in relation to the transporting of poultry product for human consumption until 1 July 2013 or such later date as is notified in writing to the poultry processor by the NSW Food Authority before 1 July 2013.
A person must not slaughter an animal for human consumption unless the animal is an abattoir animal or a game animal.
Maximum penalty: 25 penalty units.
A person must not process meat for human consumption unless the meat is abattoir meat or game meat.
Maximum penalty: 25 penalty units.
The holder of a licence that authorises the operation of a meat processing plant must, in producing processed meat, use only meat, or things containing meat:
(a) that is abattoir meat or game meat, and
(b) that has been passed by a meat safety inspector as being fit for human consumption.
Maximum penalty: 25 penalty units.
In this clause:
(a) animal means any vertebrate animal (other than a fish) and is not limited by the definition of that term in clause 58, and(b) meat means the whole or any part of the carcase of an animal.
The operation of an abattoir must comply with the following Standards:
(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 relevant licence—the standards specified in Australian Standard AS 4696–2007, Hygienic production and transportation of meat and meat products for human consumption, as in force from time to time,
(b) in relation to an abattoir at which the slaughtering of poultry meat is authorised by the relevant licence—the standards specified in Australian Standard AS 4465–2006, Construction of premises and hygienic production of poultry meat for human consumption, as in force from time to time,
(c) in relation to an abattoir at which the slaughtering of rabbit meat is authorised by the relevant licence—the standards specified in Australian Standard AS 4466–1998, Hygienic production of rabbit meat for human consumption, as in force from time to time,
(d) in relation to an abattoir at which the slaughtering of ratite meat is authorised by the relevant licence—the standards specified in Australian Standard AS 5010–2001, Hygienic production of ratite (emu/ostrich) meat for human consumption, as in force from time to time,
(e) in relation to an abattoir at which the slaughtering of crocodile meat is authorised by the relevant licence—the standards specified in Australian Standard AS 4467–1998, Hygienic production of crocodile meat for human consumption, as in force from time to time,
Section 100 (1) of the Act applies to a food business that is primary production and involves the growing and live transportation of poultry intended for sale for human consumption unless the food business is a food business referred to in section 101 (a) or (b) of the Act.
Section 101 of the Act provides that section 100 of the Act does not apply to any food business that is not required by the Food Safety Standards to notify that information or any food business that is the subject of a licence or some other form of authorisation under the Act or under a law prescribed by the regulations.
The holder of a licence that authorises the carrying on of one or more of the activities specified in Column 1 of the Table in Part 6 of Schedule 4 is to pay a licence fee each year to the Food Authority that is equal to the total of the fees applicable to the licence as calculated in accordance with that Table.
The Food Authority may increase the amount of any licence fee payable under this clause 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.
In Part 6 of Schedule 4,
The provisions of clause 32 (1) and (2) are declared to be excluded provisions for the purposes of section 122 of the Act.
(Clause 10)
Licence name:
Licence number:
Facility location:
Facility reference number:
Auditor first name:
Auditor surname:
Auditor number:
Audit date:
Audit duration:
Last audit date:
[
• food safety program, • construction and maintenance, • hygiene and sanitation, • process control, • product ID and traceability, • analytical and testing, • pre-requisite programs, • corrective action. ]
Previous Corrective Action Request (CAR)? Yes □ No □
(a) If yes to 1 , issues to close? Yes □ No □(b) If yes to (a) , for each issue:(i) Issue number from previous CAR:
(ii) Close out comments:
(c) If yes to 1 , issues to reissue? Yes □ No □(d) If yes to (c) , for each issue:(i) Issue number from previous CAR:
(ii) Description:
(iii) Rectification date:
New issues? Yes □ No □
(a) If yes to 2 , for each issue:(i) Description:
(ii) Rectification date:
CAR issue level: Minor / Major / Critical (
Audit score:
Audit level:
Audit outcome:
I am of the opinion that the food business is being carried on in compliance with the requirements of the regulations relating to food safety programs.
Yes □ No □
I am of the opinion that the food business is being carried on in compliance with the provisions of the Food Safety Standards.
Yes □ No □
Comments:
(Clause 16)
Column 1 | Column 2 | Column 3 |
Provision of the Act | Penalty for an individual | Penalty for a corporation |
Section 16 (1) | $770 | $1540 |
Section 16 (2) | $770 | $1540 |
Section 17 (1) | $660 | $1320 |
Section 17 (2) | $660 | $1320 |
Section 18 (1) | $770 | $1540 |
Section 18 (2) | $770 | $1540 |
Section 18 (3) | $770 | $1540 |
Section 19 (1) | $770 | $1540 |
Section 20 (1) (a) | $770 | $1540 |
Section 20 (1) (b) | $770 | $1540 |
Section 20 (2) | $770 | $1540 |
Section 21 (1) | $440 | $880 |
Section 21 (2) | $440 | $880 |
Section 21 (3) | $440 | $880 |
Section 21 (4) | $440 | $880 |
Section 35 (a) | $1430 | $2860 |
Section 35 (b) | $1430 | $2860 |
Section 35 (c) | $1430 | $2860 |
Section 41 | $770 | $1540 |
Section 42 | $770 | $1540 |
Section 43 (2) | $770 | |
Section 64 | $770 | $1540 |
Section 66AA (3) | $660 | $1320 |
Section 77 | $220 | $440 |
Section 83 | $220 | $440 |
Section 89 (1) | $220 | $440 |
Section 99 (2) | $770 | |
Section 100 (1) | $440 | $880 |
Section 104 (1) | $660 | $1,320 |
Section 104 (2) | $660 | $1,320 |
Section 104 (3) | $660 | $1,320 |
Section 104 (4) | $660 | $1,320 |
Section 104 (5) | $660 | $1,320 |
Section 106C (1) | $330 | $660 |
Section 106C (2) | $330 | $660 |
Section 106D (1) | $330 | $660 |
Section 106D (2) | $330 | $660 |
Section 106G (1) | $330 | $660 |
Section 106G (2) | $330 | $660 |
Section 106N (3) | $880 | $1760 |
Section 106N (4) | $330 | $660 |
Section 106O (2) | $330 | $660 |
Section 136 (1) | $440 | $880 |
Table
Column 1 | Column 2 | Column 3 |
Provision of this Regulation | Penalty for individual | Penalty for corporation |
Clause 31 (2) | $330 | $330 |
Clause 32 (1) | $330 | $330 |
Clause 32 (2) | $330 | $330 |
Clause 52 (1) | $660 | $660 |
Clause 53 (1) | $660 | $660 |
Clause 53 (2) | $660 | $660 |
Clause 63 (1) | $660 | $660 |
Clause 63 (2) | $660 | $660 |
Clause 63 (3) | $660 | $660 |
Clause 79 (1) | $660 | |
Clause 79 (2) | $660 | |
Clause 79 (4) | $660 | |
Clause 84 (1) | $660 | |
Clause 84 (2) | $660 | |
Clause 84 (4) | $660 | |
Clause 89 (4) | $660 | $660 |
Clause 92 | $660 | $660 |
Clause 97 (1) | $660 | $660 |
Clause 97 (2) | $660 | $660 |
Clause 97 (3) | $660 | $660 |
Clause 97 (4) | $660 | $660 |
Clause 98 (1) | $660 | $660 |
Clause 98 (2) | $660 | $660 |
Clause 107 (1) | $330 | $330 |
Clause 108 (1) | $330 | $330 |
Clause 108 (2) | $330 | $330 |
Clause 121 (1) | $660 | $660 |
Clause 122 (1) | $660 | $660 |
Clause 122 (2) | $660 | $660 |
Clause 122 (4) | $660 | |
Clause 122 (5) | $660 | |
Clause 123 | $660 | $660 |
Clause 124 | $660 | $660 |
Clause 145 (1) | $660 | $660 |
Clause 146 (1) | $660 | $660 |
Clause 146 (2) | $660 | $660 |
Clause 155 (1) | $660 | $660 |
Clause 156 | $660 | $660 |
Clause 157 (1) | $440 | $440 |
Clause 158 | $440 | $440 |
Clause 159 (1) | $660 | $660 |
Clause 159 (2) | $330 | $330 |
Clause 160 (1) | $660 | $660 |
Clause 160 (2) | $660 | $660 |
Clause 161 (1) | $660 | $660 |
Clause 162 (1) | $660 | $660 |
Clause 165 (1) | $660 | $660 |
Clause 166 (1) | $660 | $660 |
Clause 166 (2) | $660 | $660 |
Clause 167 (1) | $660 | $660 |
Clause 167 (2) | $660 | $660 |
Clause 167 (3) | $660 | $660 |
Clause 167 (4) | $660 | $660 |
Clause 9 (4) of Schedule 3 | $660 | $660 |
In this Part:
An application for a licence made under the former Regulation is taken to have been made under this Regulation.
A person approved as a meat safety officer for an abattoir under the former Regulation is taken to have been approved as a meat safety inspector for the abattoir under this Regulation.
A person approved as a meat safety officer in relation to the inspection of game meat under the former Regulation is taken to have been approved as a meat safety inspector in relation to the inspection of game meat under this Regulation.
A council, committee or other body established under a provision of the former Regulation is taken to have been established under the corresponding provision of this Regulation.
A fee that was unpaid under the former Regulation immediately before the commencement of this Regulation is taken to be a fee that is unpaid under this Regulation.
A provision of the 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.
A notification relating to a food business that was duly made for the purposes of Standard 3.2.2 of the Food Standards Code before the commencement of section 100 of the Act is taken to be a written notice in the approved form for the purposes of that section.
In this clause,
An existing licence is taken to be a licence under this Regulation that:
(a) authorises the same activities as were authorised by the existing licence immediately before the repeal of the former Regulation, and
(b) is subject to the same terms and conditions to which the existing licence was subject immediately before the repeal of the former Regulation, and
(c) continues in force for the remainder of the period for which the existing licence was last granted or renewed.
Despite subclause (2), an existing licence may be suspended or cancelled in accordance with the provisions of this Regulation.
The Food Authority may, without the need for an application or payment of an application fee under this Regulation, issue a licence that replaces an existing licence.
A replacement licence is to authorise activities that, either with or without the imposition of conditions, most closely equate to the activities authorised by the existing licence that it replaces.
A replacement licence is to be issued for the remainder of the period for which the existing licence that it replaces was issued and is to be 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.
On the issue of a replacement licence, subclause (2) ceases to apply to the existing licence that it replaces and that existing licence is taken to have been cancelled.
A person may apply to the Administrative Decisions Tribunal for a review of the following decisions:
(a) a decision by the Food Authority as to the activities that are authorised by a replacement licence issued to the person,
(b) a decision by the Food Authority to impose conditions on a replacement licence issued to the person.
Clauses 21, 22, 23 and 38 do not apply to the issue of a licence under this clause.
A reference in this Regulation to a licence that authorises the operation of a particular type of food business includes a reference to an existing licence that authorises the operation of a food business that involves the carrying on of the same or similar activities.
This clause applies to an activity that is required to be licensed under this Regulation but was not required to be licensed under the former Regulation.
If a person who is carrying on a food business on the commencement of this Regulation that involves an activity to which this clause applies makes an application to the Food Authority:
(a) in accordance with this Regulation, and
(b) before the date that is 2 months after that commencement,
for a licence that authorises the carrying on of that activity or for the variation of an existing licence to include the authorisation of the carrying on of that activity, the person is taken to be the holder of a licence authorising the carrying on of the activity until the Food Authority determines the application.
Despite clause 22 (2), the Food Authority may grant or vary a licence on an application made as referred to in subclause (2) that relates to an activity 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.
A person who is carrying on a food business on the commencement of this Regulation that involves an activity to which this clause applies and who continues to carry on that activity after that commencement must:
(a) if required by the Food Authority by notice in writing, submit to the Food Authority a proposed food safety program for the carrying on of that activity that complies with clause 33, and
(b) submit that food safety program to the Food Authority within 6 months after the date specified in the notice or within such further period as is notified in writing to the person by the Food Authority.
Maximum penalty: 25 penalty units.
An existing licence is cancelled if the only activities that it authorises are not required to be licensed under this Regulation.
The Food Authority may refund to the holder of an existing licence the whole or any part of the fee paid for the licence if the licence:
(a) is cancelled by operation of subclause (1), or
(b) authorises any activity that is not required to be licensed under this Regulation.
Any act, matter or thing that, immediately before the repeal of the 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.
This clause applies in relation to a person who is carrying on a business involving the operation of a poultry farm (within the meaning of clause 58) (a
If a person to whom this clause applies makes an application to the Food Authority in accordance with this Regulation, and before 1 March 2013, for a licence that authorises the carrying on of a poultry farm business or for the variation of an existing licence to include the authorisation of the carrying on of a poultry farm business, the person is taken to be the holder of a licence authorising the carrying on of a poultry farm business until the Food Authority determines the application.
A licence in force immediately before the commencement of the Food Amendment (Egg Food Safety Scheme) Regulation 2012 (an
The Food Authority may refund to the holder of an existing licence the whole or any part of the fee paid for the licence if the licence:
(a) is cancelled by operation of subclause (1), or
(b) authorises any activity that is not required to be licensed under this Regulation.
(Clauses 57, 101, 110, 133, 148 and 170)
Table
Column 1 | Column 2 | Column 3 | |
Categories of activities authorised by licence | Fee $ | ||
1. | Operation of dairy primary production business or operation of dairy processing business, or both | For each premises where the activities are carried out: | |
| 390 | ||
| 800 | ||
| 3,500 | ||
2. | Operation of dairy produce store (other than a dairy produce store that is operated on the same premises as a dairy processing business) | For each premises where the activities are carried out: | |
| 390 | ||
| 800 | ||
| 3,500 | ||
3. | Transporting of milk or dairy products, or both (including as dairy transport business) | For each vehicle used for the activities | 290 |
4. | Vehicle vendor of milk | For each vehicle used for the activities | 290 |
Table
Column 1 | Column 2 | Column 3 | |
Categories of activities authorised by licence | Fee $ | ||
1. | Operation of abattoir, meat processing plant, meat retail premises or rendering plant, or any combination of those | For each premises where the activities are carried out: | |
| 390 | ||
| 800 | ||
| 3,500 | ||
2. | Operation of game meat primary processing plant | For each premises where the activities are carried out: | |
| 390 | ||
| 800 | ||
| 3,500 | ||
3. | Operation of knackery or animal food processing plant, or both | For each premises where the activities are carried out: | |
| 390 | ||
| 800 | ||
| 3,500 | ||
4. | Operation of game meat field depots | For each site at which the depots are located | 390 |
5. | Operation of animal food field depots | For each site at which the depots are located | 290 |
6. | Operation of meat van, game meat field harvesting van, animal food van or animal food field harvesting van | For each vehicle | 290 |
7. | Operation of poultry farm | For each premises where the activities are carried out | 308 |
Table
Column 1 | Column 2 | Column 3 | |
Categories of activities authorised by licence | Fee $ | ||
1. | Processing plant products | For each premises where the activities are carried out: | |
| 390 | ||
| 800 | ||
| 3,500 | ||
2. | Storing plant products on premises other than premises where plant products are being processed | For each premises where the activities are carried out: | |
| 390 | ||
| 800 | ||
| 3,500 | ||
3. | Transporting plant products | For each vehicle used for the activities | 290 |
Table
Column 1 | Column 2 | Column 3 | |
Categories of activities authorised by licence | Fee $ | ||
1. | Capture or collect any wild seafood, or store, gill, gut or cook only wild seafood that licensee has captured or collected, or any combination of those activities | With or without a vessel | 290 |
2. | Finfish or crustacea aquaculture, processing of seafood (including freezing, thawing and preparing sushi) or storing of seafood (other than as referred to in item 1) or any combination of those | For each premises where the activities are carried out: | |
| 390 | ||
| 800 | ||
| 3,500 | ||
3. | Transportation of seafood by vehicle on land (except by licensees referred to in item 1 if transporting their own catch of wild seafood to a store or processor) | For each vehicle used for the activities | 290 per vehicle |
Table
Column 1 | Column 2 |
Number of food handlers working at premises | Fee $ |
0 to 3 | 244 |
More than 3 but not more than 10 | 313 |
More than 10 but not more than 30 | 578 |
More than 30 but not more than 50 | 839 |
More than 50 | 1,102 |
Table
Column 1 | Column 2 | Column 3 |
Categories of activities authorised by licence | Fee $ | |
1. | Producing, washing, grading, dry cleaning or examining more than 20 dozen eggs in any week or manufacturing or processing (including pasteurising) of egg products or blended egg product mixtures (or any combination of those activities) | For each premises where the activities are carried out: |
| 390 | |
| 800 | |
| 3,500 | |
2. | Storing egg products (other than in dried form), blended egg product mixtures (other than in dried form) or cracked eggs or any combination of those products (other than at premises where egg products or blended egg product mixtures are being manufactured or processed or at premises where egg products or blended egg product mixtures are being used in the production of food) | For each premises where the activities are carried out: |
| 390 | |
| 800 | |
| 3,500 | |
3. | Transporting egg products (other than in dried form), blended egg product mixtures (other than in dried form) or cracked eggs or any combination of them |
For each vehicle | 290 |
(Clause 72)
The design and layout of the plant and its equipment must facilitate the hygienic production of animal food and animal food products and any inspection or auditing necessary during or after production.
There must be adequate working space for the satisfactory performance of animal food processing and auditing operations.
Chiller and freezer capacity must be adequate for maximum daily production and accommodate the total quantity of product likely to be held on the plant at any one time.
The plant must be constructed so that all exposed surfaces are of material that is:
(a) durable, and
(b) non-toxic, and
(c) smooth-surfaced and, in the case of floors, smooth-surfaced, and
(d) resistant to corrosion or capable of being maintained free of corrosion, and
(e) impervious to moisture, and
(f) resistant to or protected from impact, and
(g) easily cleaned and drained to prevent ponding of blood and, where necessary, capable of being dismantled for cleaning, and
(h) resistant to chipping, flaking or fraying, and
(i) of a finish that makes contamination clearly visible.
The plant must be constructed so that:
(a) the joints are effectively sealed, and
(b) the accumulation of dust, water, litter or waste materials on ledges and sills is minimised, including by means of adequate coving at wall to floor junctions.
All equipment and appliances used for processing purposes must be:
(a) durable, and
(b) non-toxic, and
(c) smooth-surfaced, and
(d) resistant to corrosion or capable of being maintained free of corrosion, and
(e) impervious to moisture, and
(f) resistant to or protected from impact, and
(g) easily cleaned and, where necessary, capable of being dismantled for cleaning, and
(h) resistant to chipping, flaking or fraying, and
(i) of a finish that makes contamination clearly visible.
Door openings and passage-ways must be of a size ensuring that the product does not come into contact with jambs or walls.
The plant must be constructed and maintained so as to exclude:
(a) the entrance of any animals not intended for use in animal food processing including dogs, cats, birds, rodents and insects, and
(b) any harbourage for vermin, and
(c) environmental contaminants, including dust.
The plant must be adequately supplied with continuous hot and cold potable water at a volume and pressure to enable hygienic practice and, if ice is used, it must be produced from potable water and stored and handled in a manner that protects it from contamination.
Non-potable water, used where there is no risk of contamination of meat (for example, refrigeration or fire control), must be supplied in lines separate from the supply of potable water.
Lighting must be sufficient to enable hygienic processing, inspection and auditing.
Ventilation must maintain product wholesomeness and remove excessive heat, steam and condensation and prevent the entry of odours, dust, vapour or smoke.
Unless the Food Authority otherwise approves, hand wash-basins and, where necessary, sterilisers, must be provided and be readily accessible and at appropriate locations for use during processing.
Processing rails or other carcase elevating devices must be of a height sufficient to ensure that there is adequate carcase clearance over, or from, operational equipment and structures not designed for contact to prevent any cross contamination.
Separate areas must be provided for processes that emit heat, steam, smoke and other contaminants to ensure that such emissions are controlled and do not jeopardise the hygienic processing of animal food and animal food products.
Where canopies are used, they must be vented to the outside of the plant and constructed to prevent drip.
Clearly identified facilities must be provided for storing and removing inedible material to prevent contamination of animal food.
The requirements of clauses 6.8.1–6.8.17 of the document titled Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88, published by CSIRO and as in force from time to time, must be complied with.
In applying those clauses of that Standard:
(a) a reference to pet meat is to be read as a reference to animal food, and
(b) a reference to pet meat processing is to be read as a reference to animal food processing.
(Clause 77)
The brand must be completed by inserting in the space marked “A” a number allocated to the premises by the Food Authority.
Unless otherwise approved by the Food Authority, the dimensions of the brand must be 50 millimetres in length and 37 millimetres in height when used on a flat surface.
The units of measurement referred to in subclause (1) may be subject to a tolerance of plus or minus 2 millimetres.
The ink to be used must be:
(a) red in colour, and
(b) suitable for food application purposes.
The prescribed brand must be applied by repeating the above mark, without any break, as often as is necessary to comply with clause 80 (1) (d) of this Regulation.
The prescribed brand must be completed:
(a) by inserting in the space marked “A” a number allocated to the premises by the Food Authority, and
(b) by inserting in one of the spaces marked “CYPHER” one of the following in relation to the owner of the licensed premises to which the number referred to in paragraph (a) relates:
(i) the name, or an abbreviation of the name, of the owner,
(ii) the trading name, or an abbreviation of the trading name of the owner,
(iii) the logo or an abbreviation of the logo of the owner, and
(c) by inserting in one of the spaces marked “CYPHER” the location or area, or an abbreviation of the location or area, where the licensed premises to which the number referred to in paragraph (a) is located, and
(d) by inserting in one of the spaces marked “CYPHER” the name or logo, or an abbreviation of the name or logo of the person who owns the meat at the time of branding.
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.
The prescribed brand must be applied by repeating the above mark, without any break, as often as necessary to comply with clause 80 (1) (d) of this Regulation.
The prescribed brand must be completed:
(a) by inserting in the space marked “A” a number allocated to the premises by the Food Authority, and
(b) by inserting in one of the spaces marked “CYPHER” one of the following in relation to the owner of the licensed premises to which the number referred to in paragraph (a) relates:
(i) the name, or an abbreviation of the name, of the owner,
(ii) the trading name, or an abbreviation of the trading name of the owner,
(iii) the logo or an abbreviation of the logo of the owner, and
(c) by inserting in one of the spaces marked “CYPHER” the location or area, or an abbreviation of the location or area, where the licensed premises to which the number referred to in paragraph (a) is located, and
(d) by inserting in one of the spaces marked “CYPHER” the name or logo, or an abbreviation of the name or logo of the person who owns the meat at the time of branding.
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 82)
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.
(Repealed)
(Clause 131)
In this Schedule:
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.
(Repealed)
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.
(Repealed)
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.
0
0
0