Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010 (SA)

South Australia

Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010

under the Primary Produce (Food Safety Schemes) Act 2004

Contents

Part 1—Preliminary

1Short title

3Interpretation

Part 2—Seed sprouts

4Seed sprouts food safety scheme

5Obligation to be accredited

6Requirements for accreditation

7Compliance with Standard 4.2.6 of Food Standards Code

8Approved food safety arrangements

9Auditing approved food safety arrangements

10Annual fees and returns

11Fee payable before grant of accreditation

12Fees generally

Schedule 1—Fees

Legislative history

Part 1—Preliminary

1—Short title

These regulations may be cited as the Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010.

3—Interpretation

In these regulations, unless the contrary intention appears—

accredited producer means a person accredited under these regulations to carry on a seed sprouts production business;

Act means the Primary Produce (Food Safety Schemes) Act 2004;

Food Standards Code has the same meaning as in the Food Act 2001;

seed sprouts production means the production of seed sprouts intended for consumption by humans;

seed sprouts means young seedlings grown from—

(a)alfalfa, broccoli, clover, onion, radish or sunflower seeds or other seeds;

(b)mung beans or other beans;

(c)snow peas or other peas.

Part 2—Seed sprouts

4—Seed sprouts food safety scheme

(1)This Part establishes a food safety scheme for carrying on the business of seed sprouts production.

(2)The Minister is the accreditation body for the seed sprouts food safety scheme.

5—Obligation to be accredited

For the purposes of section 12 of the Act, a person must not carry on the business of seed sprouts production without an accreditation.

6—Requirements for accreditation

For the purposes of section 15(1)(c) of the Act, an applicant for accreditation must satisfy the Minister that the applicant has the capacity, or has made or proposes to make appropriate arrangements, to satisfy the requirements of the Act and these regulations applicable to the activities to be accredited.

7—Compliance with Standard 4.2.6 of Food Standards Code

An accredited producer must ensure that the activities under the accreditation are carried on in compliance with Standard 4.2.6 of the Food Standards Code (despite the fact that the Standard excludes food businesses that fall under the definition of primary food production from compliance with that Standard).

Maximum penalty: $5 000.

Expiation fee: $315.

8—Approved food safety arrangements

An accredited producer must have a food safety arrangement approved by the Minister.

9—Auditing approved food safety arrangements

(1)An accredited producer must allow an approved auditor to perform, without notice to the producer—

(a)the number of periodic audits of the producer's compliance with the producer'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.

(2)An accredited producer must pay all of the costs associated with the audits.

10—Annual fees and returns

(1)For the purposes of section 17 of the Act, for each year, an accredited producer must, not later than the day and month specified by the Minister by notice in writing to the accredited producer—

(a)pay to the Minister the annual fee fixed by Schedule 1; and

(b)lodge with the Minister a return that conforms to the requirements of the Minister about its form, contents and the manner in which it is made.

(2)The penalty for default in payment of an annual fee or lodging an annual return is as set out in Schedule 1.

11—Fee payable before grant of accreditation

Before a person is granted accreditation, the person must pay a fee of an amount calculated by multiplying—

(a)the annual fee that would have been payable by or on behalf of the person had the person been an accredited producer at the last date for payment of the annual fee; and

(b)the proportion that the number of whole months between the grant of accreditation and the next date for payment of the annual fee bears to 12 months.

12—Fees generally

(1)Further 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 accreditation	$386
2	Application for approval of a food safety arrangement other than in conjunction with an application for accreditation	$340
3	Application for variation of an approved food safety arrangement	$340
4	Annual fee	$340
5	Penalty for default in payment of an annual fee or lodging of annual return	$129

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 regulations and variations

New entries appear in bold.

Year	No	Reference	Commencement
2010	31	Gazette 13.5.2010 p1832	1.7.2010:  r 2
2011	95	Gazette 9.6.2011 p2146	1.7.2011: r 2
2012	53	Gazette 31.5.2012 p2238	1.7.2012: r 2
2013	57	Gazette 6.6.2013 p2121	1.7.2013: r 2
2013	170	Gazette 27.6.2013 p2794	12.7.2013: r 2
2014	148	Gazette 19.6.2014 p2686	1.7.2014: r 2
2015	107	Gazette 18.6.2015 p2677	1.7.2015: r 2
2016	79	Gazette 23.6.2016 p2204	1.7.2016: r 2
2017	110	Gazette 22.6.2017 p2282	1.7.2017: r 2
2018	100	Gazette 21.6.2018 p2252	1.7.2018: r 2
2019	125	Gazette 13.6.2019 p2006	1.7.2019: r 2

Provisions varied

New entries appear in bold.

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

Provision	How varied	Commencement
Pt 1
r 2	omitted under Legislation Revision and Publication Act 2002	1.7.2011
r 7	varied by 170/2013 r 4(1)—(3)	12.7.2013
Sch 1	substituted by 95/2011 r 4	1.7.2011
substituted by 53/2012 r 4	1.7.2012
substituted by 57/2013 r 4	1.7.2013
substituted by 148/2014 r 4	1.7.2014
substituted by 107/2015 r 4	1.7.2015
substituted by 79/2016 r 4	1.7.2016
substituted by 110/2017 r 4	1.7.2017
substituted by 100/2018 r 4	1.7.2018
substituted by 125/2019 r 4	1.7.2019

Historical versions

1.7.2011

1.7.2012

1.7.2013

12.7.2013

1.7.2014

1.7.2015

1.7.2016

1.7.2017

1.7.2018