Meat Industries Regulations 1997 (NT)

Case
No judgment structure available for this case.

NORTHERN TERRITORY OF AUSTRALIA

MEAT INDUSTRIES regulations 1997

As in force at 21 September 2011

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif]Preliminary1Citation2Commencement3InterpretationPart 2Abattoir licencesDivision 1Abattoir licences generally4No sale, &c., of pet meat imported into establishment5Labelling of pet meatDivision 2Domestic abattoir licences6Slaughter, &c., only permitted at establishment7Inspection of meat for human consumption8Labelling of carcasses for human consumption9Processing, sale, &c., of meat for human consumption10Meat not to be sold unless produced under specified standard or code of practice11Game meatDivision 3Domestic poultry abattoir licences12Processing, sale, &c., of meat for human consumption13Meat not to be sold unless produced under specified standard or code of practice14Game meatPart 3Processing licencesDivision 1Domestic and export processing licences15No sale, &c., of pet meat imported into establishment16Labelling of pet meatDivision 2Domestic processing licences17Processing, &c., only permitted at establishment18Processing, sale, &c., of meat for human consumption19Meat not to be sold unless produced under specified standard or code of practice20Game meatPart 4Game meat slaughter and processingDivision 1Game meat slaughter licences21Duty to produce licence22Meat not to be sold unless produced under specified standard or code of practice23Game meatDivision 2Duties of export and domestic game meat processing licensees24Labelling of pet meatDivision 3Domestic game meat processing licences25Processing, &c., only permitted at establishment26Processing, sale, &c., of meat for human consumption27Meat not to be sold unless produced under specified standard or code of practice28No sale, &c., of pet meat imported into establishment29Sale, &c., of meat other than game meatPart 5Pet meat slaughter and processingDivision 1Pet meat slaughter licences30Duty to produce licence31Slaughter32Hygiene33Shooting of animals34Pet meat not to be sold unless produced under specified standard or code of practice35Transport of pet meatDivision 2Pet meat processing licences36Processing, &c., only permitted at establishment37Hygiene38Construction standards for pet meat processing establishments39Processing, sale, &c., of pet meat40Pet meat not to be sold unless produced under specified standard or code of practice41No sale of meat for human consumption42Labelling of pet meatDivision 3Transportable pet meat processing units43Relocation of processing unitDivision 4General requirements in respect of pet meat for all licensees44Labelling of packages, &c.45Dyeing of pet meatPart 6Cold store licences46Duties of cold store licensees47Meat not to be sold unless stored under specified standard or code of practicePart 7Infringement notices48Definitions49Issuing of infringement notices50Particulars to be shown on infringement notice51Penalty for breach of prescribed licence conditions52Penalty for breach of other licence conditions53Penalty for other offences against Act54Penalty for disobeying inspector's directions55Payment before expiry date of infringement notice56Service of infringement notices and effect on proceedings57Service of noticesPart 8Miscellaneous58Returns to be provided59Notification of recommencement of operations60Notification of requirement for inspector61Licensee to provide notice of change of address62Transport of meat for human consumption63Certification in respect of export64Diseases65Regulatory offencesSchedule 1Construction standards for pet meat processing establishmentSchedule 2Infringement notice penalties for offences against ActSchedule 3Diseases of humansENDNOTES northern territory of australia

northern territory of australia

As in force at 21 September 2011

Meat Industries regulations 1997

Regulations under the Meat Industries Act 1996

Part 1Preliminary 1Citation

These Regulations may be cited as the Meat Industries Regulations 1997.

2Commencement

These Regulations come into operation on the commencement of the Meat Industries Act 1996.

3Interpretation
  • (1)

    In these Regulations, unless the contrary intention appears:

    abattoir licence means a domestic abattoir licence, an export abattoir licence, a domestic poultry abattoir licence or an export poultry abattoir licence.

    dispatch, in relation to an establishment, means to export from the establishment.

    licensee includes an employee or agent of a licensee.

    specified code of practice, in relation to a licence, means a code of practice specified on the licence.

    specified standard, in relation to a licence, means a standard specified on the licence.

  • (2)

    In these Regulations, a reference to meat having been produced under an instrument of a legislative or administrative character, is to be read as a reference to:

    • (a)

      the carcass or meat having been derived from an animal slaughtered in accordance with any terms of the instrument relating to slaughter; and

    • (b)

      the carcass or meat having been processed, packed, stored and labelled in accordance with any terms of the instrument relating to processing, packing, storing and labelling.

  • (3)

    In these Regulations:

    • (a)

      a reference to meat is to be read as including a reference to a product containing meat for human consumption; and

    • (b)

      a reference to pet meat is to be read as including a reference to a product containing pet meat.

    Part 2Abattoir licences
Division 1Abattoir licences generally 4No sale, &c., of pet meat imported into establishment

It is a condition of an abattoir licence that the licensee must not process, pack, store, dispatch or sell pet meat unless it is from an animal that has been slaughtered at the establishment to which the licence relates.

Infringement Notice Penalty:    4 penalty units.

5Labelling of pet meat

It is a condition of an abattoir licence that the licensee must not dispatch pet meat unless:

  • (a)

    the pet meat is in a carton or individual pack; and

  • (b)

    the carton or individual pack is clean and labelled in accordance with regulation 44.

Infringement Notice Penalty:    4 penalty units.

Division 2Domestic abattoir licences 6Slaughter, &c., only permitted at establishment

It is a condition of a domestic abattoir licence that the licensee must not slaughter, process or pack meat for human consumption, or pet meat, except at the establishment to which the licence relates.

Infringement Notice Penalty:    4 penalty units.

7Inspection of meat for human consumption

Where a quality assurance program is not approved under section 11 of the Act in relation to a domestic abattoir licence, it is a condition of the licence that the licensee must not sell or dispatch a carcass, or meat for human consumption, unless it has been inspected by or under the direction of an inspector.

Infringement Notice Penalty:    4 penalty units.

8Labelling of carcasses for human consumption
  • (1)

    It is a condition of a domestic abattoir licence that the licensee must not sell a carcass for human consumption unless:

    • (a)

      in the case of a head of cattle (other than a calf) or a buffalo (other than a calf), horse or camel, the carcass is marked with the official establishment mark on the outside of the ribs on both sides, both buttocks, both loins and both shoulders;

    • (b)

      in the case of a pig, the carcass is marked with the official establishment mark on both hams, both jowls, both shoulders and both loins;

    • (c)

      in the case of a calf, sheep, goat or deer, the carcass is marked with the official establishment mark on both hind legs and both shoulders; or

    • (d)

      in the case of any animal not specified in paragraph (a), (b) or (c), the carcass is marked in accordance with the specified standard, or specified code of practice, for production of meat from the animal.

    Infringement Notice Penalty:    2 penalty units.

  • (2)

    An official establishment mark must not be placed on a carcass intended for human consumption, except with an edible food dye permitted for use on food for human consumption under an Act of the Territory, the Commonwealth or a State or another Territory of the Commonwealth.

    Infringement Notice Penalty:    2 penalty units.

  • (3)

    In this regulation official establishment mark, in relation to a domestic abattoir licence, means a mark approved by the Chief Inspector and containing the number allotted by him or her to the establishment to which the licence relates.

9Processing, sale, &c., of meat for human consumption
  • (1)

    It is a condition of a domestic abattoir licence that the licensee must not process, pack, store, dispatch or sell a carcass, or meat for human consumption, from an animal slaughtered or processed other than at the establishment to which the licence relates.

    Infringement Notice Penalty:    4 penalty units.

  • (2)

    A licensee is not to be taken to have breached the condition specified in subregulation (1) if the licensee takes all steps to ensure that the carcass or meat was:

    • (a)

      produced under:

      • (i)

        a domestic abattoir licence;

      • (ii)

        an export abattoir licence;

      • (iii)

        a domestic game meat processing licence;

      • (iv)

        an export game meat processing licence;

      • (v)

        a domestic poultry abattoir licence; or

      • (vi)

        an export poultry abattoir licence;

    • (b)

      produced:

      • (i)

        under a licence, permit or similar instrument permitting the slaughter or processing of the meat under a corresponding law; and

      • (ii)

        in accordance with the specified standard, or specified code of practice, for production of meat on the licensee’s licence; or

    • (c)

      produced under the Export Control Act 1982 of the Commonwealth or accepted into and dispatched from registered premises in accordance with that Act.

    10Meat not to be sold unless produced under specified standard or code of practice

    Where a domestic abattoir licence is subject to the condition that operations are to be carried out in accordance with a specified standard or specified code of practice, it is a condition of the licence that the licensee must not sell or dispatch a carcass, or meat for human consumption, from an animal slaughtered or processed at the establishment unless the slaughter or processing was in accordance with the standard or code of practice.

    Infringement Notice Penalty:    4 penalty units.

11Game meat

It is a condition of a domestic abattoir licence that the licensee must not process, pack, store, dispatch or sell game meat except:

  • (a)

    with the approval of the Chief Inspector; and

  • (b)

    where a quality assurance program is not approved in respect of the licence, in accordance with the directions of an inspector.

Infringement Notice Penalty:    2 penalty units.

Division 3Domestic poultry abattoir licences 12Processing, sale, &c., of meat for human consumption
  • (1)

    It is a condition of a domestic poultry abattoir licence that the licensee must not process, pack, store, dispatch or sell a carcass or meat for human consumption from an animal slaughtered or processed other than at the establishment to which the licence relates.

    Infringement Notice Penalty:    4 penalty units.

  • (2)

    A licensee is not to be taken to have breached the condition specified in subregulation (1) if the licensee has taken all steps to ensure that the carcass or meat was:

    • (a)

      produced under:

      • (i)

        a domestic abattoir licence;

      • (ii)

        an export abattoir licence;

      • (iii)

        a domestic poultry abattoir licence;

      • (iv)

        an export poultry abattoir licence;

      • (v)

        a domestic game meat processing licence; or

      • (vi)

        an export game meat processing licence;

    • (b)

      produced:

      • (i)

        under a licence, permit or similar instrument permitting the slaughter or processing of the meat under a corresponding law; and

      • (ii)

        in accordance with the specified standard, or specified code of practice, for production of meat on the licensee’s licence; or

    • (c)

      produced under the Export Control Act 1982 of the Commonwealth or accepted into and dispatched from registered premises in accordance with that Act.

    13Meat not to be sold unless produced under specified standard or code of practice

    Where a domestic poultry abattoir licence is subject to the condition that operations are to be carried out in accordance with a specified standard or specified code of practice, it is a condition of the licence that the licensee must not sell or dispatch meat for human consumption from an animal slaughtered or processed at the establishment unless the slaughter or processing was in accordance with the standard or code of practice.

    Infringement Notice Penalty:    4 penalty units.

14Game meat

It is a condition of a domestic poultry abattoir licence that the licensee must not process, pack, store, dispatch or sell game meat except with the approval of the Chief Inspector and in accordance with the directions of an inspector.

Infringement Notice Penalty:    2 penalty units.

Part 3Processing licencesDivision 1Domestic and export processing licences 15No sale, &c., of pet meat imported into establishment

It is a condition of a domestic processing licence and an export processing licence that the licensee must not process, pack, store, dispatch or sell pet meat that was imported into the establishment as pet meat.

Infringement Notice Penalty:    4 penalty units.

16Labelling of pet meat

It is a condition of a domestic processing licence and an export processing licence that the licensee must not dispatch pet meat unless:

  • (a)

    the pet meat is in a carton or individual pack; and

  • (b)

    the carton or individual pack is clean and labelled in accordance with regulation 44.

Infringement Notice Penalty:    4 penalty units.

Division 2Domestic processing licences 17Processing, &c., only permitted at establishment

It is a condition of a domestic processing licence and an export processing licence that the licensee must not process, pack or store meat for human consumption, or pet meat, except at the establishment to which the licence relates.

Infringement Notice Penalty:    4 penalty units.

18Processing, sale, &c., of meat for human consumption
  • (1)

    It is a condition of a domestic processing licence that the licensee must not process, pack, store, dispatch or sell a carcass or meat for human consumption from an animal that is slaughtered or processed other than at the establishment to which the licence relates.

    Infringement Notice Penalty:    4 penalty units.

  • (2)

    A licensee is not to be taken to have breached the condition specified in subregulation (1) if the licensee has taken all steps to ensure that the carcass or meat was:

    • (a)

      produced under:

      • (i)

        a domestic abattoir licence;

      • (ii)

        an export abattoir licence;

      • (iii)

        a domestic game meat processing licence;

      • (iv)

        an export game meat processing licence;

      • (v)

        a domestic processing licence;

      • (vi)

        an export processing licence;

      • (vii)

        a domestic poultry abattoir licence; or

      • (viii)

        an export poultry abattoir licence;

    • (b)

      produced:

      • (i)

        under a licence, permit or similar instrument permitting the slaughter or processing of the meat under a corresponding law; and

      • (ii)

        in accordance with the specified standard, or specified code of practice, for production of meat on the licensee’s licence; or

    • (c)

      produced under the Export Control Act 1982 of the Commonwealth or accepted into and dispatched from registered premises in accordance with that Act.

    19Meat not to be sold unless produced under specified standard or code of practice

    Where a domestic processing licence is subject to the condition that operations are to be carried out in accordance with a specified standard or specified code of practice, it is a condition of the licence that the licensee must not sell or dispatch meat for human consumption that was processed in the establishment unless the processing was in accordance with the standard or code of practice.

    Infringement Notice Penalty:    4 penalty units.

20Game meat

It is a condition of a domestic processing licence that the licensee must not process, pack, store, dispatch or sell game meat except with the approval of the Chief Inspector and in accordance with the directions of an inspector.

Infringement Notice Penalty:    2 penalty units.

Part 4Game meat slaughter and processingDivision 1Game meat slaughter licences 21Duty to produce licence

It is a condition of a game meat slaughter licence that the licensee must carry a copy of the licence at all times when he or she is conducting operations under the licence and must, at the request of an inspector, produce the licence or a copy of the licence for inspection.

Infringement Notice Penalty:    0.8 penalty unit.

22Meat not to be sold unless produced under specified standard or code of practice

Where a game meat slaughter licence is subject to the condition that operations are to be carried out in accordance with a specified standard or specified code of practice, it is a condition of the licence that the licensee must not sell a carcass unless the animal from which it was derived was slaughtered, dressed or processed, if at all, in accordance with the standard or code of practice.

Infringement Notice Penalty:    4 penalty units.

23Game meat

It is a condition of a game meat slaughter licence that the licensee must not sell a carcass or meat for human consumption unless it is from a game animal.

Infringement Notice Penalty:    2 penalty units.

Division 2Duties of export and domestic game meat processing licensees 24Labelling of pet meat

It is a condition of a domestic game meat processing licence and an export game meat processing licence that the licensee must not dispatch pet meat unless:

  • (a)

    the pet meat is in a carton or individual pack; and

  • (b)

    the carton or individual pack is clean and labelled in accordance with regulation 44.

Infringement Notice Penalty:    4 penalty units.

Division 3Domestic game meat processing licences 25Processing, &c., only permitted at establishment

It is a condition of a domestic game meat processing licence that the licensee must not process, pack or store meat for human consumption, or pet meat, except at the establishment to which the licence relates.

Infringement Notice Penalty:    4 penalty units.

26Processing, sale, &c., of meat for human consumption
  • (1)

    It is a condition of a domestic game meat processing licence that a licensee must not process, pack, store, dispatch or sell meat for human consumption from an animal that was processed other than at the establishment.

    Infringement Notice Penalty:    4 penalty units.

  • (2)

    A licensee is not to be taken to have breached the condition specified in subregulation (1) if the licensee has taken all steps to ensure that the carcass or meat was:

    • (a)

      produced under:

      • (i)

        a game meat slaughter licence;

      • (ii)

        a domestic game meat processing licence;

      • (iii)

        an export game meat processing licence;

      • (iv)

        a domestic abattoir licence;

      • (v)

        an export abattoir licence;

      • (vi)

        a domestic poultry abattoir licence; or

      • (vii)

        an export poultry abattoir licence;

    • (b)

      produced:

      • (i)

        under a licence, permit or similar instrument permitting the slaughter or processing of the meat under a corresponding law; and

      • (ii)

        in accordance with the specified standard, or specified code of practice, for production of meat on the licensee’s licence; or

    • (c)

      produced under the Export Control Act 1982 of the Commonwealth or accepted into and dispatched from registered premises in accordance with that Act.

    27Meat not to be sold unless produced under specified standard or code of practice

    Where a domestic game meat processing licence is subject to the condition that operations are to be carried out in accordance with a specified standard or specified code of practice, it is a condition of the licence that the licensee must not sell or dispatch a carcass, or meat for human consumption, processed at the establishment to which the licence relates unless the processing was in accordance with the standard or code of practice.

    Infringement Notice Penalty:    2 penalty units.

28No sale, &c., of pet meat imported into establishment

It is a condition of a domestic game meat processing licence that the licensee must not process, pack, store, dispatch or sell pet meat that was imported into the establishment as pet meat.

Infringement Notice Penalty:    4 penalty units.

29Sale, &c., of meat other than game meat

It is a condition of a domestic game meat processing licence that the licensee must not process, pack, store, dispatch or sell meat, other than game meat, except with the approval of the Chief Inspector and in accordance with the directions of an inspector.

Infringement Notice Penalty:    2 penalty units.

Part 5Pet meat slaughter and processingDivision 1Pet meat slaughter licences 30Duty to produce licence

It is a condition of a pet meat slaughter licence that the licensee must carry a copy of the licence at all times when he or she is conducting operations under the licence and must, at the request of an inspector, produce the licence or a copy of the licence for inspection.

Infringement Notice Penalty:    0.8 penalty unit.

31Slaughter

It is a condition of a pet meat slaughter licence that the licensee must not slaughter an animal if it can be seen that:

  • (a)

    it has an abnormal gait;

  • (b)

    it is weak or lethargic;

  • (c)

    it lacks alertness;

  • (d)

    it sits or stands in an unusual way;

  • (e)

    it holds its head in an unusual way;

  • (f)

    it has a discharge from the nose or mouth;

  • (g)

    it has a skin abnormality; or

  • (h)

    meat derived from it would be unsuitable for pet meat.

Infringement Notice Penalty:    2 penalty units.

32Hygiene

It is a condition of a pet meat slaughter licence that the licensee:

  • (a)

    must not use for pet meat an animal that is found, before or after slaughter, to be diseased;

  • (b)

    must bleed an animal immediately after slaughter, begin to bone out the carcass within 30 minutes after slaughter and finish the boning out without delay;

  • (c)

    must not recover meat from a dead animal that has not been slaughtered under the licence, unless the animal has died suddenly due to physical trauma and meat derived from the body is suitable for pet meat;

  • (d)

    must handle meat in a manner that does not cause contamination or deterioration;

  • (e)

    must place meat under refrigeration within 4 hours of it being boned out;

  • (f)

    must transport meat in a manner that does not cause contamination or deterioration of the meat;

  • (g)

    must clean and disinfect immediately after use all utensils, receptacles and appliances used under the licence and keep them clean when not in use; and

  • (h)

    must maintain all equipment used in the production, storage and transport of pet meat in a condition that will not contaminate pet meat.

Infringement Notice Penalty:    2 penalty units.

33Shooting of animals

It is a condition of a pet meat slaughter licence that an employee or agent of the licensee must not shoot an animal for the purposes of the licence.

Infringement Notice Penalty:    2 penalty units.

34Pet meat not to be sold unless produced under specified standard or code of practice

Where a pet meat slaughter licence is subject to the condition that operations are to be carried out in accordance with a specified standard or specified code of practice, it is a condition of the licence that the licensee must not sell or dispatch a carcass or meat for human consumption from an animal unless the animal was slaughtered in accordance with the standard or code of practice.

Infringement Notice Penalty:    2 penalty units.

35Transport of pet meat

The holder of a pet meat slaughter licence must ensure that containers used to transport pet meat:

  • (a)

    have internal surfaces made of smooth material which is easily cleaned;

  • (b)

    are resistant to corrosion;

  • (c)

    are water-proof and dustproof; and

  • (d)

    are fitted with sealable lids or doors.

Maximum penalty:          8 penalty units.

Division 2Pet meat processing licences 36Processing, &c., only permitted at establishment

It is a condition of a pet meat processing licence that the licensee must not process, store or pack pet meat except at the establishment to which the licence relates.

Infringement Notice Penalty:    4 penalty units.

37Hygiene

It is a condition of a pet meat processing licence that the licensee:

  • (a)

    must not permit a live animal to enter or remain in the establishment to which the licence relates;

  • (b)

    must take all possible steps to control the incidence of insects, birds, rodents or other pests within the establishment to which the licence relates;

  • (c)

    must clean and disinfect immediately all utensils, receptacles and appliances in the establishment after they are used and keep them clean when they are not in use;

  • (d)

    must transfer unprocessed pet meat imported into the establishment to which the licence relates to a chilling or freezing chamber within 2 hours after it was imported into the establishment;

  • (e)

    must place all waste material from the establishment in containers with surfaces that are durable, smooth, corrosion-resistant, impervious and easily cleaned, remove the material from the establishment each day and clean and disinfect the containers at least once each day or as directed by an inspector;

  • (f)

    must transport pet meat in a manner that protects it from contamination and deterioration; and

  • (g)

    must maintain all equipment used in the production, storage and transport of pet meat in a condition that will not contaminate the pet meat.

Infringement Notice Penalty:    2 penalty units.

38Construction standards for pet meat processing establishments

It is a condition of a pet meat processing licence that the licensee must not conduct, or purport to conduct, operations under the licence unless the establishment to which the licence relates has been constructed in accordance with the standards specified in Schedule 1.

Infringement Notice Penalty:    2 penalty units.

39Processing, sale, &c., of pet meat
  • (1)

    It is a condition of a pet meat processing licence that the licensee must not process, pack, store, dispatch or sell pet meat from an animal processed other than at the establishment to which the licence relates.

    Infringement Notice Penalty:    2 penalty units.

  • (2)

    A licensee is not to be taken to have breached the condition specified in subregulation (1) if the licensee has taken all steps to ensure that the pet meat:

    • (a)

      comes from an establishment operating under a licence or from the holder of a pet meat slaughter licence; or

    • (b)

      is produced under a licence, permit or similar instrument under a corresponding law.

    40Pet meat not to be sold unless produced under specified standard or code of practice

    Where a pet meat processing licence is subject to the condition that operations are to be carried out in accordance with a specified standard or specified code of practice, it is a condition of the licence that the licensee must not sell or dispatch pet meat unless it has been processed in accordance with the standard or code of practice.

    Infringement Notice Penalty:    4 penalty units.

41No sale of meat for human consumption

It is a condition of a pet meat processing licence that the licensee must not dispatch or sell meat for human consumption or meat purporting to be for human consumption.

Infringement Notice Penalty:    4 penalty units.

42Labelling of pet meat

It is a condition of a pet meat processing licence that the licensee must not dispatch pet meat unless:

  • (a)

    the pet meat is in a carton or individual pack; and

  • (b)

    the carton or individual pack is clean and labelled in accordance with regulation 44.

Infringement Notice Penalty:    4 penalty units.

Division 3Transportable pet meat processing units 43Relocation of processing unit
  • (1)

    It is a condition of a pet meat processing (transportable) licence that the licensee must not process meat in the processing unit to which the licence relates except:

    • (a)

      at a place at which the unit has been inspected and approved by the Chief Inspector; and

    • (b)

      under and in accordance with the terms of the approval.

    Infringement Notice Penalty:    2 penalty units.

  • (2)

    It is a condition of a pet meat processing (transportable) licence that the licensee must not commence operations under the licence unless:

    • (a)

      the Chief Inspector has been notified of the location of the processing unit operated under the licence; and

    • (b)

      the unit has been inspected by an inspector at the location.

    Infringement Notice Penalty:    2 penalty units.

  • (3)

    The holder of a pet meat processing (transportable) licence must not process pet meat in an area in relation to which a Division is established under the Planning Act 1999 unless the area is endorsed on the licence as an area in which pet meat may be processed in the processing unit.

    Infringement Notice Penalty:    2 penalty units.

Division 4General requirements in respect of pet meat for all licensees 44Labelling of packages, &c.
  • (1)

    For the purposes of these Regulations, a container, carton or pack that contains 10 kgs of pet meat or less:

    • (a)

      is to be prominently marked with the words "PET MEAT – NOT FOR HUMAN CONSUMPTION", "PET FOOD – NOT FOR HUMAN CONSUMPTION" or "ANIMAL FOOD – NOT FOR HUMAN CONSUMPTION", in letters at least 8 mm high; and

    • (b)

      is to contain a description of its contents.

  • (2)

    For the purposes of these Regulations, a container, carton or pack that contains more than 10 kgs of pet meat:

    • (a)

      is to be prominently marked with the words "PET MEAT – NOT FOR HUMAN CONSUMPTION", "PET FOOD – NOT FOR HUMAN CONSUMPTION" or "ANIMAL FOOD – NOT FOR HUMAN CONSUMPTION", in letters at least 25 mm high;

    • (b)

      is to have a band in distinct yellow colouring, not less than 50 mm wide, applied around 4 sides of the container, carton or pack in a continuous line; and

    • (c)

      is to contain a description of its contents.

  • (3)

    A label for the purposes of subregulation (1) or (2) must not contain information that is likely to mislead a person as to any of the information required to be indicated on the label under that subregulation.

    Maximum penalty:          20 penalty units.

    Infringement Notice Penalty:    0.8 penalty units.

45Dyeing of pet meat

Where pet meat is required by or under the Act to be dyed blue, it must be stained with the dye Brilliant Blue FCF, being a solution of one part of the dry active dye to 500 parts of water:

  • (a)

    on all surfaces; or

  • (b)

    where the meat is ground or minced meat – by dispersing it through the meat so that it is visible throughout the meat.

Part 6Cold store licences 46Duties of cold store licensees

It is a condition of a cold store licence that the licensee must not store meat for sale except at the establishment to which the licence relates.

Infringement Notice Penalty:    2 penalty units.

47Meat not to be sold unless stored under specified standard or code of practice

Where a cold store licence is subject to the condition that operations are to be carried out in accordance with a specified standard or code of practice, it is a condition of the licence that the licensee must not sell or dispatch a carcass or meat for human consumption unless the carcass or meat was stored in accordance with the standard or code of practice.

Infringement Notice Penalty:    4 penalty units.

Part 7Infringement notices 48Definitions

In this Part, unless the contrary intention appears:

infringement notice means an infringement notice issued in pursuance of this Part.

offence means:

  • (a)

    an offence against section 59 of the Act where the offender has breached a condition of a licence;

  • (b)

    an offence against section 59 of the Act where the offender has contravened or failed to comply with a direction of an inspector under the Act;

  • (c)

    a provision of the Act specified in regulation 51; or

  • (d)

    a provision of these Regulations at the foot of which is specified a Infringement Notice Penalty.

offender means a person who an inspector reasonably believes has committed an offence.

49Issuing of infringement notices
  • (1)

    Subject to this regulation, where an inspector has reason to believe that an offence has been committed, he or she may serve an infringement notice on the person who appears to have committed the offence.

  • (2)

    An inspector may not serve an infringement notice on a person under subregulation (1) unless the person is, or the inspector reasonably believes that the person is, over the age of 16 years.

50Particulars to be shown on infringement notice

An infringement notice is to clearly show:

  • (a)

    the date, time and place of the offence;

  • (b)

    the nature of the offence and the penalty payable;

  • (c)

    the place or places at which a penalty may be paid;

  • (d)

    the date of the infringement notice and a statement that the penalty may be paid within 28 days after that date; and

  • (e)

    a statement to the effect that, if the amount specified in the infringement notice as the penalty for the offence is paid at a place referred to in the notice within the time specified in the notice, no further action will be taken.

51Penalty for breach of prescribed licence conditions

The penalty payable for the purposes of this Part for an alleged offence against section 59 where the offender has breached a licence condition prescribed for the purposes of section 20 of the Act is the Infringement Notice Penalty specified at the foot of the provision of these Regulations prescribing the condition.

52Penalty for breach of other licence conditions

The penalty payable for the purposes of this Part for an alleged offence against section 59 of the Act where the offender has breached a licence condition, other than a condition to which regulation 51 applies, is:

  • (a)

    if the condition relates to the species that may be slaughtered, processed, packed or stored under a licence – 2 penalty units;

  • (b)

    if the condition relates to the construction of an establishment in accordance with a specified standard or specified code of practice – 2 penalty units;

  • (c)

    if the condition relates to a provision of a specified standard or specified code of practice in respect of:

    • (i)

      the packing or labelling of meat or a carcass – 2 penalty units;

    • (ii)

      hygiene in an establishment or in relation to equipment – 2 penalty units;

    • (iii)

      the health and hygiene of persons – 2 penalty units;

    • (iv)

      the inspection of an animal or disposal of a carcass or meat – 2 penalty units;

    • (v)

      the slaughter or dressing of an animal – 2 penalty units;

    • (vi)

      vermin or other pests – 2 penalty units;

    • (vii)

      the control of animals not intended for slaughter in an establishment – 0.8 penalty unit; or

    • (viii)

      any other matter – 0.8 penalty unit;

  • (d)

    if the condition relates to a Hazard Analysis and Critical Control Point system – 2 penalty units;

  • (e)

    if the condition relates to a quality assurance program, other than in a case to which paragraph (d) applies – 0.8 penalty unit;

  • (f)

    if the condition relates to the maintenance of an establishment – 0.8 penalty unit; or

  • (g)

    in the case of any other condition – 0.8 penalty unit.

53Penalty for other offences against Act

The penalty payable for the purposes of this Part for an alleged offence against a provision of the Act specified in the table in Schedule 2 is the amount specified in that table opposite that provision.

54Penalty for disobeying inspector's directions

The penalty payable for the purposes of this Part for an alleged offence against section 59 of the Act where the offender has contravened or failed to comply with a direction of an inspector under the Act is 4 penalty units.

55Payment before expiry date of infringement notice
  • (1)

    Subject to regulation 56, where the total amount of the penalty specified in an infringement notice is paid in accordance with the notice, the offender is deemed to have expiated the offence by payment of the penalty.

  • (2)

    Where the amount of a penalty under this Part is paid by cheque, payment is not to be taken as made unless the cheque is cleared on presentation.

56Service of

Nothing in this Part:

  • (a)

    prevents the service of more than one infringement notice in relation to the same offence but it is sufficient for the application of regulation 55 to a person on whom more than one notice has been served for that person to pay the amount of the penalty in accordance with any one of those notices;

  • (b)

    prejudices or affects (except as provided by regulation 55) the institution or prosecution of proceedings, or limits the penalty that may be imposed by a court, in relation to an offence; or

  • (c)

    is to be construed as requiring the serving of an infringement notice or as affecting the liability of a person to be prosecuted in a court in relation to an offence in respect of which an infringement notice has not been served.

57Service of notices

A notice under this Part may be served by:

  • (a)

    handing it to the offender;

  • (b)

    posting it to the offender at the offender’s last known postal address or place of residence or business; or

  • (c)

    leaving it for the offender at the offender’s last known place of residence or business with some other person apparently resident or employed there and apparently over the age of 16 years.

Part 8Miscellaneous 58Returns to be provided

It is a condition of a licence that the licensee must provide to the Chief Inspector, within the approved time and in the approved form, information required by the Chief Inspector for the purpose of determining the species, number and type of animals slaughtered, processed or stored under the licence.

Infringement Notice Penalty:    0.8 penalty unit.

59Notification of recommencement of operations

Where operations have not taken place in an establishment to which:

  • (a)

    a domestic abattoir licence;

  • (b)

    a domestic poultry abattoir licence;

  • (c)

    a domestic processing licence;

  • (d)

    a domestic game meat processing licence;

  • (e)

    a pet meat processing licence; or

  • (f)

    a cold store licence,

relates, or in a pet meat processing unit to which a pet meat processing licence relates, within the preceding 6 months, the licensee must not conduct operations under the licence unless the licensee has given to the Chief Inspector, or a person or body approved by the Chief Inspector, not less than one months prior notice of his or her intention to commence the operations.

Maximum penalty:          8 penalty units.

Infringement Notice Penalty:    2 penalty units.

60Notification of requirement for inspector

Where the presence of an inspector is required for the performance of operations under a licence the licensee must notify the Chief Inspector, or a person or body approved by the Chief Inspector, at least 7 days before the day on which the inspector is required.

Maximum penalty:          8 penalty units.

Infringement Notice Penalty:    0.8 penalty unit.

61Licensee to provide notice of change of address

It is a condition of a licence that the licensee must advise the Chief Inspector of a change to his or her postal address, as specified on his or her application for a licence under section 13 of the Act, within 28 days after the change.

Infringement Notice Penalty:    2 penalty units.

62Transport of meat for human consumption

For the purposes of section 53(1)(e) of the Act, carcasses or meat for human consumption must be transported in accordance with the Australian Standard for Transportation of Meat for Human Consumption, or a standard in substitution for that standard, as approved from time to time by the Minister under section 72 of the Act.

63Certification in respect of export

Where the government, or an authority of the government, of another country requires certification of a matter relating to meat, pet meat or meat products before import from Australia to that other country will be permitted, the Chief Inspector may, if satisfied of that matter, issue a certificate to a person intending to export the meat, pet meat or meat products to that country.

64Diseases

The diseases specified in Schedule 3 are diseases for the purposes of section 42 of the Act.

65Regulatory offences

An offence against these Regulations is a regulatory offence.

Schedule 1Construction standards for pet meat processing establishment

regulation 38

  • 1.

    An establishment operated under a pet meat processing licence must:

    • (a)

      be enclosed;

    • (b)

      have exposed surfaces that are durable, smooth-surfaced (being, in relation to floors, as smooth as is compatible with enabling safe movement on floors), corrosion resistant, impervious, easily cleaned, resistant to chipping or flaking and of a finish which ensures that contamination is clearly visible;

    • (c)

      have floors adequately drained by means of impervious drains, to a save-all outside the building; and

    • (d)

      have all doorways opening to the exterior outside of the establishment fitted with a self closing door or with an adequate fly repellent air current curtain.

  • 2.

    A room used for the processing of meat in an establishment operated under a pet meat processing licence must have:

    • (a)

      an adequate supply of both hot and cold water;

    • (b)

      provision for the cleaning of all appliances; and

    • (c)

      hand washing basins and soap, water and paper towels or other approved hand-drying equipment, provided at all times.

  • 3.

    Equipment and appliances used in connection with the processing of pet meat under a pet meat processing licence must have a surface that is durable, smooth-surfaced, corrosion-resistant, impervious and easily cleaned.

Schedule 2Infringement notice penalties for offences against Act

regulation 53

ITEM NO.

OFFENCE PROVISION

PENALTY (Penalty units)

1.

Section 33

8 penalty units

2.

Section 34(2)

8 penalty units

3.

Section 36(1)

8 penalty units

4.

Section 36(2)

8 penalty units

5.

Section 37(1)

8 penalty units

6.

Section 37(2)

8 penalty units

7.

Section 37(3)

0.8 penalty unit

8.

Section 38

8 penalty units

9.

Section 39

1.7 penalty units

10.

Section 40(1)

8 penalty units

11.

Section 41(1)

2 penalty units

12.

Section 41(2)

2 penalty units

13.

Section 45(2)

8 penalty units

14.

Section 45(3)

8 penalty units

15.

Section 46(1)

8 penalty units

16.

Section 47(2)

8 penalty units

17.

Section 47(3)

8 penalty units

18.

Section 48(1)

0.8 penalty unit

19.

Section 48(2)

8 penalty units

20.

Section 48(3)

2 penalty units

21.

Section 50

2 penalty units

22.

Section 52

2 penalty units

23.

Section 53(1)

2 penalty units

24.

Section 53(2)

2 penalty units

Schedule 3Diseases of humans

regulation 64

Cholera

Scarlet fever

Diarrhoea (infective)

Septic sore throat

Diphtheria

Skin diseases

Enteric or typhoid fever

Staphylococcal infections

Hepatitis (infective)

Tuberculosis

Leprosy

Human Immunodeficiency Virus

ENDNOTES
  • 1

    KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

  • 2

    LIST OF LEGISLATION

Meat Industries Regulations (SL No. 33, 1997)

Notified

10 December 1997

Commenced

10 December 1997

Planning (Consequential Amendments) Act 1999 (Act No. 56, 1999)

Assent date

14 December 1999

Commenced

12 April 2000 (s 2, s 2 Planning Act 1999 (Act No. 55, 1999) and Gaz S15, 12 April 1999)

Fines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60, 2001)

Assent date

11 December 2001

Commenced

1 January 2002 (s 2, s 2 Fines and Penalties (Recovery) Act 2001 (Act No. 59, 2001) and Gaz G50, 19 December 2001, p 3)

Penalties Amendment (Children and Families, Health and Primary Industry, Fisheries and Resources) Act 2011 (Act No. 28, 2011)

Assent date

31 August 2011

Commenced

21 September 2011 (Gaz G38, 21 September 2011, p 4)

  • 3

    GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 43.

  • 4

    LIST OF AMENDMENTS

rr 4 – 34             amd Act No. 60, 2001, s 19; Act No. 28, 2011, s 5

r 35                    amd Act No. 28, 2011, s 5

rr 36 – 42           amd Act No. 60, 2001, s 19; Act No. 28, 2011, s 5

r 43                    amd Act No. 56, 1999, s 3(2); Act No. 60, 2001, s 19; Act No. 28, 2011, s 5

r 44                    amd Act No. 60, 2001, s 19; Act No. 28, 2011, s 5

rr 46 – 47           amd Act No. 60, 2001, s 19; Act No. 28, 2011, s 5

r 48                    amd Act No. 60, 2001, s 19

r 51                    amd Act No. 60, 2001, s 19

r 52                    amd Act No. 28, 2011, s 5

r 54                    amd Act No. 28, 2011, s 5

rr 58 – 61           amd Act No. 60, 2001, s 19; Act No. 28, 2011, s 5

sch 2                 amd Act No. 60, 2001, s 19; Act No. 28, 2011, s 5

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0