Primary Produce (Food Safety Schemes) (Citrus Industry) Regulations 2006 (SA)

South Australia

Primary Produce (Food Safety Schemes) (Citrus Industry) Regulations 2006

under the Primary Produce (Food Safety Schemes) Act 2004

Contents

1Short title

3Interpretation

4Citrus industry food safety scheme

5Notification relating to participation in citrus industry

6Approved food safety arrangements

7Auditing of approved food safety arrangements

8Fees generally

Schedule 1—Fees

Legislative history

1—Short title

These regulations may be cited as the Primary Produce (Food Safety Schemes) (Citrus Industry) Regulations 2006.

3—Interpretation

In these regulations—

citrus fruit means citrons, lemons, limes, grapefruit, mandarins, oranges, sevilles, tangerines or a hybrid of any of those fruits;

citrus packer means a person who carries on the business of packing citrus fruit for sale;

financial year means a period of 12 months commencing on 1 April.

4—Citrus industry food safety scheme

These regulations establish a food safety scheme for activities carried on by citrus packers.

5—Notification relating to participation in citrus industry

(1)A citrus packer must, within 28 days of first carrying on business as a citrus packer, give written notice to the Minister of—

(a)the person's name and business or registered address; and

(b)the address of the premises at which the person carries on the business; and

(c)the nature of the business.

Maximum penalty: $5 000.

(2)A citrus packer must, within 28 days of a change occurring in particulars of the kind referred to in subregulation (1), give the Minister written notice of the change.

Maximum penalty: $1 250.

Expiation fee: $160.

(3)A person who ceases to carry on business as a citrus packer must, within 28 days of ceasing to carry on the business, give the Minister written notice of that fact.

Maximum penalty: $1 250.

Expiation fee: $160.

6—Approved food safety arrangements

(1)A citrus packer must have a food safety arrangement approved by the Minister.

Maximum penalty: $5 000.

(2)Subject to these regulations, an approval of a food safety arrangement remains in force for the financial year specified in the approval (or the part of that year that falls after the date of the approval).

(3)The Minister may, by written notice to a citrus packer, vary an approved food safety arrangement.

(4)The power to vary an approved food safety arrangement may be exercised on the Minister's own initiative or on application by the citrus packer and, if exercised on the Minister's own initiative, the variation will not, except with the agreement of the citrus packer, take effect until 6 months after the giving of the written notice of variation.

(5)An application for an approval of a food safety arrangement or for variation of an approved food safety arrangement—

(a)must be made to the Minister; and

(b)must conform to the requirements of the Minister about its form, contents and the manner in which it is made; and

(c)must be accompanied by the fee fixed by Schedule 1.

(6)The Minister may, by written notice, ask the applicant to give the Minister further information, documents or records relevant to the application and may refuse the application if the applicant does not comply with the request.

(7)A citrus packer must comply with the packer's approved food safety arrangement.

Maximum penalty: $5 000.

7—Auditing of approved food safety arrangements

(1)A citrus packer must allow an approved auditor to perform, without notice to the packer—

(a)the number of periodic audits of the packer's compliance with the packer's approved food safety arrangement required by the terms of that arrangement; and

(b)if an audit shows a failure to comply with the food safety arrangement—such additional audits as the Minister considers appropriate.

Maximum penalty: $5 000.

(2)A citrus packer must pay all of the costs associated with the audits.

8—Fees generally

(1)Fees are payable as set out in Schedule 1.

(2)The Minister may waive or reduce a fee payable under these regulations if the Minister considers that appropriate in the circumstances.

Schedule 1—Fees

1	Application for approval of food safety arrangement	$176
2	Application for variation of approved food safety arrangement	$176

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

The Primary Produce (Food Safety Schemes) (Citrus Industry) Regulations 2006 expired on 1.9.2017: see Subordinate Legislation Act 1978.

Principal regulations and variations

Year	No	Reference	Commencement
2006	22	Gazette 9.2.2006 p515	9.2.2006: r 2
2008	28	Gazette 27.3.2008 p1124	1.4.2008: r 2
2008	148	Gazette 5.6.2008 p2197	1.4.2009: r 2
2009	144	Gazette 4.6.2009 p2627	1.4.2010: r 2
2010	62	Gazette 10.6.2010 p2717	1.4.2011: r 2
2011	98	Gazette 9.6.2011 p2156	1.4.2012: r 2
2012	57	Gazette 31.5.2012 p2250	1.4.2013: r 2
2013	59	Gazette 6.6.2013 p2125	1.4.2014: r 2
2014	150	Gazette 19.6.2014 p2690	1.4.2015: r 2
2015	109	Gazette 18.6.2015 p2681	1.4.2016: r 2
2016	81	Gazette 23.6.2016 p2208	1.4.2017: r 2

Provisions varied

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
r 2	omitted under Legislation Revision and Publication Act 2002	1.4.2008
Sch 1	substituted by 28/2008 r 4	1.4.2008
substituted by 148/2008 r 4	1.4.2009
substituted by 144/2009 r 4	1.4.2010
substituted by 62/2010 r 4	1.4.2011
substituted by 98/2011 r 4	1.4.2012
substituted by 57/2012 r 4	1.4.2013
substituted by 59/2013 r 4	1.4.2014
varied by 150/2014 r 4	1.4.2015
varied by 109/2015 r 4	1.4.2016
varied by 81/2016 r 4	1.4.2017
Sch 2	omitted under Legislation Revision and Publication Act 2002	1.4.2015

Historical versions

1.4.2008

1.4.2009

1.4.2010

1.4.2011

1.4.2012

1.4.2013

1.4.2014

1.4.2015

1.4.2016