Food Variation Regulations 2009 (SA)

South Australia

Food Variation Regulations 2009

under the Food Act 2001

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Food Regulations 2002

1. Variation of regulation 9—Adoption of Food Standards Code

Part 1—Preliminary

1—Short title

These regulations may be cited as the Food Variation Regulations 2009.

2—Commencement

These regulations will come into operation on 1 July 2009.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Food Regulations 2002

4—Variation of regulation 9—Adoption of Food Standards Code

Regulation 9(2)—delete subregulation (2) and substitute:

(2)The code referred to in subregulation (1) is adopted with the following modifications:

(a)Standard 2.5.1, clause 4—after subclause (2) insert:

(2a)However, clause 15 of Standard 4.2.4 does not apply in relation to goat's milk that is intended to be sold as unpasteurised goat's milk.

(b)Standard 3.1.1, clause 3—after the present contents of clause 3 insert:

(2)However, this Chapter does not apply to a food business to the extent that the food business is constituted by—

(a)an activity or process that is regulated by or under the Primary Produce (Food Safety Schemes) Act 2004; or

(b)an activity or process that is exempt from the operation of Parts 5, 7 and 8 of the Food Act 2001 by virtue of the operation of regulation 13 of the Food Regulations 2002,

(even if the activity or process involves the substantial transformation of food).

(c)Standard 3.2.1, clause 2(2)—delete subclause (2) and substitute:

(2)This Standard applies—

(a)to food businesses that are determined by the appropriate enforcement agency to have a priority classification in a manner consistent with a priority classification system determined by the relevant authority under section 79(2) of the Act; or

(b)if another Standard specifically requires food businesses to which that other Standard applies to comply with Standard 3.2.1.

(d)Standard 3.2.2, clause 4—after subclause (4) insert:

(5)This clause operates in the State of South Australia subject to the provisions of regulation 14 of the Food Regulations 2002.

Made by the Governor

with the advice and consent of the Executive Council

on 26 February 2009

No 16 of 2009

MAFF08/001CS