Australia New Zealand Food Standards Code – Standard 4.2.8 – Primary Production and Processing Standard for Leafy Vegetables

Administered by Department of Health, Disability and Ageing

Legislation au F2022L01062 In force Legislative Instrument

Legislation content

Standard 4.2.8  Primary Production and Processing Standard for Leafy Vegetables

Note 1 This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3.

Note 2 This Standard applies in Australia only.

Division 1 Preliminary

4.2.8—1 Name

  This Standard is Australia New Zealand Food Standards Code – Standard 4.2.8 – Primary Production and Processing Standard for Leafy Vegetables.

 Note Commencement:
This Standard commences on a date 30 months after the date of gazettal, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act.

4.2.8—2 Definitions

In this Standard:

leafy vegetables means vegetables of a leafy nature where the leaf is consumed raw; and includes baby leaves, lettuce, and leafy herbs; and does not include seed sprouts.

growing site means any site used to grow leafy vegetables; and includes an open, partially enclosed or enclosed planting area.

harvest means all activities related to the collection and removal of leafy vegetables from a growing site; and includes picking, cutting, field packing (including packaging for retail sale), and transport from the growing site to the next step in the supply chain.

premises and equipment means equipment, infrastructure, structures and vehicles that:

 (a)  are used by a primary horticulture producer or by a primary horticulture processor; and

 (b) have direct or indirect contact with leafy vegetables.

primary horticulture producer means a business, enterprise or activity that involves the growing and/or harvesting of leafy vegetables.

primary horticulture processor means a business, enterprise or activity that includes one or more of the following activities in relation to leafy vegetables that have been harvested:

 (a) washing;

 (b) trimming;

 (c) sorting; 

 (d) sanitising;

 (e) storing;

 (f) combining harvested leafy vegetables;

 (g) packing; and

 (h) transport between primary processing premises.

 

 

relevant activity means:

 (a)  in relation to a primary horticulture producer, the growing and/or harvesting of leafy vegetables; and

 (b) in relation to a primary horticulture processor, any of the following:

 (i) washing harvested leafy vegetables;

 (ii) trimming harvested leafy vegetables;

 (iii) sorting harvested leafy vegetables; 

 (iv) sanitising harvested leafy vegetables;

 (v) storing harvested leafy vegetables;

 (vi) combining harvested leafy vegetables;

 (vii) packing harvested leafy vegetables; and

 (viii) transporting harvested leafy vegetables between primary processing premises.

Note 1 In this Chapter (see clause 1 of Standard 4.1.1):

  general food safety management requirements means the requirements in Division 2 of Standard 4.1.1.

 inputs includes any feed, litter, water (including recycled water), chemicals or other substances used in, or in connection with, the primary production or processing activity.

Note 2 Clause 3 of Standard 4.1.1 sets out when a food will be unacceptable for the purposes of this Standard.

4.2.8—3 Application

 (1) This Standard applies to primary horticulture producers and to primary horticulture processors in Australia.

 (2) This Standard does not apply to the retail sale of leafy vegetables.

(3) This Standard does not apply to manufacturing of harvested leafy vegetables which includes the cooking, freezing, drying, preserving, blending or juicing of harvested leafy vegetables or the addition of other foods to harvested leafy vegetables.

4.2.8—4 General food safety management requirements

A primary horticulture producer and a primary horticulture processor must comply with the general food safety management requirements.

4.2.8—5  Traceability

A primary horticulture producer and a primary horticulture processor must have in place a system that can identify:

(a) from whom leafy vegetables were received; and

(b) to whom leafy vegetables were supplied.

4.2.8—6 Inputs – seed, seedling, soil, fertiliser and water

  A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that any of the following inputs do not make leafy vegetables unacceptable:

(a)    seeds;

(b)    seedlings;

(c)    soil;

(d)    soil amendments (including manure, human biosolids, compost, and plant biowaste);

(e)    fertiliser; and

(f)      water.

4.2.8—7 Growing sites

  A primary horticulture producer must take all reasonable measures to ensure that a growing site is located, designed, constructed, maintained and operated such that leafy vegetables are not made unacceptable.

4.2.8—8 Weather events  

  A primary horticulture producer and a primary horticulture processor must take appropriate remedial action to ensure that leafy vegetables adversely affected by weather conditions are not unacceptable.

4.2.8—9 Premises and equipment

 (1) A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that premises and equipment are designed, constructed, maintained and operated in a way that:

(a) allows for effective cleaning and sanitisation of the premises and equipment; and

 (b) does not make leafy vegetables unacceptable.

 (2) A primary horticulture producer and a primary horticulture processor must ensure that premises and equipment are kept clean, sanitised and in good repair to the extent required to ensure that leafy vegetables are not made unacceptable.

4.2.8—10 Temperature of harvested leafy vegetables

  A primary horticulture producer and a primary horticulture processor must keep harvested leafy vegetables at a temperature that does not make the leafy vegetables unacceptable.

4.2.8—11 Washing and sanitisation of harvested leafy vegetables

  A primary horticulture processor must take all reasonable measures to ensure that:

 (a) visible extraneous material on harvested leafy vegetables is removed; and

 (b) any washing or sanitising of harvested leafy vegetables does not make the leafy vegetables unacceptable.                           

4.2.8—12 Animals and pests

  A primary horticulture producer and a primary horticulture processor must take all reasonable measures to minimise the presence of animals, vermin and pests in growing sites, and in premises and equipment, to ensure that leafy vegetables are not made unacceptable.

4.2.8—13 Skills and knowledge

  A primary horticulture producer and a primary horticulture processor must ensure that persons who engage in a relevant activity, or who supervise a person who engages in a relevant activity, have:

(a) knowledge of food safety and food hygiene matters; and

(b) skills in food safety and food hygiene matters

  commensurate with their work.

4.2.8—14 Health and hygiene of personnel and visitors

  A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that personnel and visitors exercise personal hygiene and health practices that do not make leafy vegetables unacceptable.

4.2.8—15 Sale or supply of unacceptable leafy vegetables

 A primary horticulture producer and a primary horticulture processor must not sell or supply leafy vegetables for human consumption if they ought reasonably know, or ought reasonably suspect, that the leafy vegetables are unacceptable.


Amendment History

The Amendment History provides information about each amendment to the Standard. The information includes commencement or cessation information for relevant amendments.

 

These amendments are made under section 92 of the Food Standards Australia New Zealand Act 1991 unless otherwise indicated. Amendments do not have a specific date for cessation unless indicated as such.

 

About this compilation

 

This is compilation No. 1 of Standard 4.2.8 as in force on 19 July 2023 (up to Amendment No. 220). It includes any commenced amendment affecting the compilation to that date.

 

Prepared by Food Standards Australia New Zealand on 19 July 2023.

 

Uncommenced amendments or provisions ceasing to have effect

 

To assist stakeholders, the effect of any uncommenced amendments or provisions which will cease to have effect, may be reflected in the Standard as shaded boxed text with the relevant commencement or cessation date. These amendments will be reflected in a compilation registered on the Federal Register of Legislation including or omitting those amendments and provided in the Amendment History once the date is passed.

 

 

The following abbreviations may be used in the table below:

 

ad = added or inserted am = amended

exp = expired or ceased to have effect rep = repealed

rs = repealed and substituted

 

Standard 4.2.8 was published in the Food Standards Gazette No. FSC150 on 12 August 2022 as part of Amendment 210 (F2022L01062 –- 12 August 2022) and has since been amended as follows:

 

Section affected

A’ment No.

FRL registration

Gazette

Commencement

(Cessation)

How affected

Description of amendment

4.2.9-8

220

F2023L01004

11 July 2023

FSC160

19 July 2023

 

19 July 2023

 

rs

Omit and substitute section heading

 

Overview

The Australia New Zealand Food Standards Code – Standard 4.2.8 – Primary Production and Processing Standard for Leafy Vegetables was enacted as part of the Food Standards Australia New Zealand Act 1991. This Act was introduced to ensure food safety and consumer protection by providing a comprehensive framework for food standards across Australia and New Zealand. This particular standard was created to address the need for specific guidelines governing the production and processing of leafy vegetables, ensuring they meet high standards of safety and quality. The standard applies to primary horticulture producers and processors in Australia, excluding the retail sale and manufacturing of harvested leafy vegetables. It sets out various requirements including traceability, the management of inputs such as seeds and water, the maintenance of growing sites, and the maintenance of premises and equipment to prevent contamination. The objective is to safeguard public health by minimising the risk of contamination and ensuring that leafy vegetables are fit for human consumption. The standard is administered by Food Standards Australia New Zealand and was commenced 30 months after the date of gazettal, in accordance with section 92 of the Food Standards Australia New Zealand Act 1991. The primary horticulture producers and processors must comply with these standards to ensure that leafy vegetables are safe for consumption. This includes measures for preventing contamination from animals, pests, and improper hygiene practices, as well as ensuring that personnel involved in the production and processing of leafy vegetables have the requisite knowledge and skills. The standard also mandates that unacceptable leafy vegetables should not be sold or supplied for human consumption.

Scope and Application

Standard 4.2.8, which pertains to the Primary Production and Processing Standard for Leafy Vegetables, applies specifically to primary horticulture producers and processors within Australia. This encompasses businesses, enterprises, and activities involved in the growing and harvesting of leafy vegetables, as well as those engaged in washing, trimming, sorting, sanitising, storing, combining, packing, and transporting harvested leafy vegetables between primary processing premises. Notably, the Standard does not extend to the retail sale of leafy vegetables or the manufacturing processes such as cooking, freezing, drying, preserving, blending, juicing, or adding other foods to harvested leafy vegetables. The Standard mandates compliance with general food safety management requirements and stipulates various measures to ensure the safety and acceptability of leafy vegetables, including traceability, management of inputs like seeds, seedlings, soil, fertiliser, and water, as well as maintaining suitable conditions in growing sites and processing premises. Additionally, it requires appropriate remedial actions in response to adverse weather events, cleanliness and maintenance of equipment, temperature control of harvested vegetables, and health and hygiene practices for personnel and visitors. The Standard, which is a part of the Australia New Zealand Food Standards Code, is governed by the Food Standards Australia New Zealand Act 1991 and applies only within Australia. It commenced 30 months after the date of gazettal and is subject to amendments under the same Act. The amendments, which are registered in the Federal Register of Legislation, reflect changes made to the Standard, including those that cease to have effect on specified dates. This ongoing regulatory framework ensures that the Standard remains current and responsive to emerging food safety and hygiene concerns.

Key Provisions

The primary operative sections of Standard 4.2.8 – Primary Production and Processing Standard for Leafy Vegetables outline various requirements for primary horticulture producers and processors involved in the production and processing of leafy vegetables. Section 4.2.8—1 establishes the name of the Standard, while section 4.2.8—2 provides essential definitions for terms used throughout the Standard. Section 4.2.8—3 specifies the application of the Standard to primary horticulture producers and processors in Australia, excluding the retail sale and manufacturing of leafy vegetables. Section 4.2.8—4 mandates compliance with general food safety management requirements, which are detailed in Standard 4.1.1. Other key sections include 4.2.8—5 on traceability, 4.2.8—6 on the management of inputs such as seeds, seedlings, soil, fertiliser, and water, 4.2.8—7 on growing site management, 4.2.8—8 on the management of weather events, 4.2.8—9 on the design, maintenance, and operation of premises and equipment, 4.2.8—10 on the temperature control of harvested leafy vegetables, 4.2.8—11 on washing and sanitising procedures, 4.2.8—12 on the minimisation of animals and pests, 4.2.8—13 on the skills and knowledge required of personnel, 4.2.8—14 on the health and hygiene practices of personnel and visitors, and 4.2.8—15 on the prohibition of selling or supplying unacceptable leafy vegetables. The obligations imposed by the Standard on primary horticulture producers and processors include ensuring that all activities related to the production and processing of leafy vegetables are conducted in a manner that prevents the leafy vegetables from becoming unacceptable. This includes complying with general food safety management requirements, implementing traceability systems, ensuring that inputs such as seeds, seedlings, soil, fertiliser, and water do not render the vegetables unacceptable, managing growing sites to prevent contamination, taking remedial action in the event of adverse weather conditions, maintaining premises and equipment in a manner that allows for effective cleaning and sanitisation, keeping harvested vegetables at appropriate temperatures, removing visible extraneous material and ensuring washing or sanitising does not make the vegetables unacceptable, minimising the presence of animals and pests, ensuring personnel have the necessary knowledge and skills in food safety and hygiene, and maintaining appropriate health and hygiene practices among personnel and visitors. Failure to comply with the provisions of the Standard may result in civil or criminal consequences. While the Standard itself does not specify penalties, breaches of related food safety standards under the Food Standards Australia New Zealand Act 1991 can result in significant penalties. For example, individuals and corporations can be subject to fines and imprisonment for serious offences related to food safety. The maximum penalties can vary depending on the specific offence and jurisdiction but can include fines of up to $1.1 million for corporations and up to $220,000 for individuals, as well as imprisonment terms of up to 10 years for serious food safety offences. The exact penalties are determined by the courts based on the nature and severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.