Food Standards (Proposal P1060 – Egg food safety and primary production requirements) Variation

EXPLANATORY STATEMENT 

Food Standards Australia New Zealand Act 1991 

Food Standards (Proposal P1060 – Egg food safety and primary production requirements) Variation  

1. Authority

Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) provides that the functions of Food Standards Australia New Zealand (the Authority) include the development of standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code).

Division 2 of Part 3 of the FSANZ Act specifies that the Authority may prepare a proposal for the development or variation of food regulatory measures, including standards. This Division also stipulates the procedure for considering a proposal for the development or variation of food regulatory measures.

The Authority prepared proposal P1060 to consider amendments to the Code to further strengthen food safety management of eggs and egg product during primary production and processing. The Authority considered the Proposal in accordance with Division 2 of Part 3 and has approved a draft variation - the Food Standards (Proposal P1060 – Egg food safety and primary production requirements) Variation (the approved draft variation).

Following consideration by the Food Ministers’ Meeting (FMM), section 92 of the FSANZ Act stipulates that the Authority must publish a notice about the approved draft variation.

2. Variation is a legislative instrument

The approved draft variation is a legislative instrument for the purposes of the Legislation Act 2003 (see section 94 of the FSANZ Act) and is publicly available on the Federal Register of Legislation (www.legislation.gov.au).

This instrument is not subject to the disallowance or sunsetting provisions of the Legislation Act 2003. Subsections 44(1) and 54(1) of that Act provide that a legislative instrument is not disallowable or subject to sunsetting if the enabling legislation for the instrument (in this case, the FSANZ Act): (a) facilitates the establishment or operation of an intergovernmental scheme involving the Commonwealth and one or more States; and (b) authorises the instrument to be made for the purposes of the scheme.

The FSANZ Act gives effect to an intergovernmental agreement (the Food Regulation Agreement) and facilitates the establishment or operation of an intergovernmental scheme (national uniform food regulation). For these purposes, the Act establishes the Authority to develop food standards for consideration and endorsement by the FMM. The FMM is established under the Food Regulation Agreement and the international agreement between Australia and New Zealand, and consists of New Zealand, Commonwealth and State/Territory members. If endorsed by the FMM, the food standards in Chapter 3 and 4 of the Code are on gazettal and registration incorporated into and become part of Commonwealth, State and Territory laws. These standards or instruments are then administered, applied and enforced by these jurisdictions’ regulators as part of those food laws.

3. Purpose

The purpose of the approved draft variation is to amend the Code to clarify and improve the requirements relating to food safety management of eggs and egg product during primary production and processing, and when sold by retail sale or to caterers and, thereby, better protect public health and safety.

4. Documents incorporated by reference

The approved draft variation does not incorporate any documents by reference.

5. Consultation

In accordance with the procedure in Division 2 of Part 3 of the FSANZ Act, the Authority’s consideration of proposal P1060 included one round of public consultation following an assessment, targeted communication with key stakeholders, and the preparation of a draft variation and associated assessment summary. Submissions were called for on 31 March 2025 for a 6-week consultation period. Further details of the consultation process, the issues raised during consultation and by whom, and the Authority’s response to these issues are available in an approval report published on the Authority’s website at www.foodstandards.gov.au.

A Standards Development Advisory Group (SDAG) was established with representatives from the industry sector, and the relevant State, Territory and federal government agencies, to provide ongoing advice to the Authority throughout the standard amendment process. The SDAG contributed a broad spectrum of knowledge and expertise covering industry, government and research.

An Egg Implementation Working Group comprised of State, Territory and federal government regulators was established by the Implementation Sub-committee for Food Regulation to work with the Authority to ensure a nationally consistent approach to implementation of the proposed amendments to the Code.

The Office of Impact Analysis (OIA) has exempted FSANZ from the need to prepare a formal Consultation Regulation Impact Statement in relation to the regulatory change proposed (reference number: OIA24-08429). The OIA was satisfied with the consultation undertaken for this proposal.

A Decision Regulation Impact Statement (DRIS) was prepared by the Authority and has been assessed by the OIA as compliant.

6. Statement of compatibility with human rights

This instrument is exempt from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument under section 44 of the Legislation Act 2003.

7. Variation

In this section, references to ‘the variation’ are references to the approved draft variation.

Clause 1 of the variation provides that the name of the variation is the Food Standards (Proposal P1060 – Egg food safety and primary production requirements) Variation.

Clause 2 of the variation provides that the Code is amended by the Schedule to the variation.

Clause 3 of the variation provides that the variation commences on the date that is 18 months after the date of gazettal. This means egg producers and egg processors would have 18 months to make any necessary changes to their business operations to be in a position to comply with the new requirements introduced by the variation.

Schedule to the variation

Standard 4.2.5 Primary production and processing standard for eggs and egg product

Items [1] – [27] of the Schedule to the variation amend Standard 4.2.5.

Standard 4.2.5 sets food safety requirements for the primary production and processing of eggs, egg pulp and other egg product for human consumption. Standard 4.2.5 applies in Australia only.

Item [1] of the Schedule repeals the Table of Provisions in Standard 4.2.5 and substitutes it with an amended Table of Provisions.

The amended Table includes amended and new headings in Standard 4.2.5 as a consequence of other amendments to the Standard (see items below).

Item [2] of the Schedule repeals clause 1 of Standard 4.2.5 and substitutes it with an amended clause 1.

Existing clause 1 provides that Standard 4.2.5 does not apply to retail sale or catering activities other than the direct sale of eggs to the public by an egg producer.

Amended clause 1 provides that Standard 4.2.5 does not apply to any of the following:

• the retail sale of eggs or egg product other than the direct sale of eggs by an egg producer to the public;
• catering activities other than the direct sale of eggs by an egg producer to a caterer.

The intent of this amendment is to clarify the operation of clause 1 and that Standard 4.2.5 applies to the direct sale of eggs by an egg producer to a caterer.

Item [3] of the Schedule inserts the definitions for each of the following terms into subclause 2(2) of Standard 4.2.5:

• ‘broken egg’,
• ‘flock’,
• ‘poultry house’,
• ‘range area’.

Subclause 2(2) provides definitions of certain terms for the purposes of Standard 4.2.5.

This amendment means that, for the purposes of Standard 4.2.5:
 

-          A ‘broken egg’ is an egg that meets both of the following criteria: it has a shell with one or more cracks; and its contents are leaking at the time of its collection. The intent of this amendment and new definition is to make clear that the requirements imposed by Standard 4.2.5 in relation to a ‘broken egg’ apply only to eggs meeting both of these two criteria. These requirements do not apply, for example, to a cracked egg that has been collected and then handled, and at some point during the handling and grading, the egg membrane ruptures and the egg contents then leak.
 

-          A ‘flock’ means all the birds that share a contained area (such as a range area or a poultry house). The intent of this amendment and new definition is to clarify that a flock consists of all the layer hens that inter-mingle and have direct contact with one another, whether that is due to the sharing of the same range area or where they roost overnight. This is important for requirements imposed by Standard 4.2.5 in relation to environmental sampling and the monitoring of bird health as these birds can become infected and spread disease through direct contact with each other.
 

-          A ‘poultry house’ means any of the following: the fixed or mobile housing where birds roost; and/or the ground directly beneath poultry houses where birds roost and where the bird faeces fall and accumulate. Standard 4.2.5 will impose a requirement to undertake environmental sampling in each area that is a ‘poultry house’. The amendment and new definition make clear such sampling must also include the ground beneath the housing where birds roost and where the bird faeces fall and accumulate on the ground.
 

-          A ‘range area’ means an outside area that a flock can access for roaming and foraging. Standard 4.2.5 will impose a requirement that egg producers ensure that range areas do not make eggs unsafe or unsuitable (as defined in Standard 3.1.1). That is, by managing range areas to prevent hazards that could infect or contaminate the birds and eggs they produce.

Item [4] of the Schedule repeals the existing definition for a ‘cracked egg’ in subclause 2(2) and substitutes it with an amended definition for ‘cracked egg’.

The existing definition of ‘cracked egg’ states that the term means an egg which has a cracked shell which is visible, or visible by candling or other equivalent methods, and includes a broken egg.

The amended definition of ‘cracked egg’ provides that the term means an egg that has:

• a shell with one or more cracks that are:

        visible; or

        visible by candling or another equivalent method; and

• an intact membrane at the time of collection.

The purpose of this amendment is to clarify that a cracked egg is not a broken egg for the purposes of Standard 4.2.5. This is important as cracked eggs are ‘unacceptable eggs’ for the purposes of the Standard. The Standard permits ‘unacceptable eggs’ that have been processed in accordance with clause 21 to be sold as food (see subclause 23(2)). In contrast, ‘broken eggs’ must not be sold or processed for food and must be diverted away from the human food supply chain.

Item [5] of the Schedule repeals the definition for ‘egg processor’ in subclause 2(2) and substitutes it with an amended definition for ‘egg processor’.

The existing definition of ‘egg processor’ provides that the term means a business, enterprise or activity that involves:

• pulping, separating, grading, packing, washing, candling, assessing for cracks or oiling eggs received from an egg producer; or
• storing or transporting eggs in association with any of the activities listed in the first bullet point; or
• processing egg product under clause 21 of Standard 4.2.5.

The amended definition of ‘egg processor’ provides that the term means a business, enterprise or activity that includes any of the following activities in relation to eggs:

• assessing for cracks;
• candling;
• cleaning;
• grading;
• oiling;
• packing;
• processing in accordance with clause 21 of Standard 4.2.5;
• pulping;
• separating;
• storing un-marked eggs;
• transporting un-marked eggs.

The amended definition is not intended to capture a business that only receives graded, marked, retail-ready eggs, as this is a ‘food business’ for the purposes of Chapter 3, not Chapter 4 of the Code.

Item [6] of the Schedule repeals the definition of ‘food safety management statement’ in subclause 2(2).

This definition is no longer required due to the amendment to clause 3 made by item [8] below.

Item [7] of the Schedule to the variation repeals the Editorial note to the definition of ‘food safety management statement’ in subclause 2(2).

This Editorial Note is no longer required due to the amendment in item [6] above, which repeals the definition of ‘food safety management statement’.

Item [8] of the Schedule repeals clause 3 and substitutes it with an amended clause 3 and an accompanying Note.

Existing clause 3 sets out the following general food safety management requirements, with which egg producers must comply; that is, an egg producer must:

• systematically examine all of its egg production operations to identify potential hazards and implement control measures to address those hazards,
• have evidence to show that the above systematic examination has been undertaken and that control measures for those identified hazards have been implemented, and
• operate according to a food safety management statement that sets out how the requirements of Division 2 of Standard 4.2.5 are to be or are being complied with.

Amended clause 3 requires that an egg producer must comply with the general food safety management requirements.

The Note to amended clause 3 explains to the reader that the general food safety management requirements are set out in Division 2 of Standard 4.1.1. Clause 1 of Standard 4.1.1 provides that a reference in Chapter 4 of the Code (which includes Standard 4.2.5) to ‘the general food safety management requirements’ is to the requirements set out in Division 2 of Standard 4.1.1. Subclause 4(1) of Standard 4.1.1 provides that, where a Standard in Chapter 4 of the Code provides that a person or business must comply with the general food safety management requirements, the person or business must comply with the requirements set by clauses 4 and 5 of Standard 4.1.1.

Item [9] of the Schedule omits the words ‘take all reasonable measures to’ from clause 4.

The amended clause 4 imposes a requirement that an egg producer must ensure that inputs do not make the eggs unsafe or unsuitable.

The purpose of the amendment is to take account of the provisions of the State and Territory Food Acts which apply and give effect to the Code, including Standard 4.2.5. The Food Acts generally provide that non-compliance with a requirement imposed on a person by a provision of the Code is an offence. However, the Food Act also provide it shall not be an offence if the person took all reasonable precautions and exercised all due diligence to prevent non‑compliance with the relevant Code requirement. See, for example, section 26 of the Food Act 2003 (NSW). These Food Act provisions mean that the ‘take all reasonable measures’ proviso in clause 4 is not required.

Item [10] of the Schedule repeals the Editorial note to clause 4 and substitutes that note with two new Notes.

New Note 1 explains to the reader that subclause 2(1) of Standard 4.2.5 provides that the definitions in Chapter 3 apply to this Standard (unless a contrary intention appears and subject to Standard 4.1.1), and the terms ‘unsafe’ and ‘unsuitable’ are defined in Standard 3.1.1 of the Code.

New Note 2 explains to the reader that the term ‘inputs’ is defined in Standard 4.1.1 of the Code to include ‘any feed, litter, water (including recycled water), chemicals or other substances used in, or in connection with, the primary production or processing activity’ (which, in this case, is egg production). Definitions in Standard 4.1.1 apply to all Standards in Chapter 4 of the Code – unless a contrary intention is expressed (see clause 1 of Standard 4.1.1).

Item [11] of the Schedule omits the word ‘requirements’ from the title to clause 6 and substitutes that word with the words ‘of personnel and visitors’.

The effect of this amendment is that the title to clause 6 is ‘Health and hygiene of personnel and visitors’.

The amended title is consistent with titles of clauses dealing with the same requirement in other Standards in Chapter 4 of the Code.

Item [12] of the Schedule omits the words ‘take all reasonable measures to’ from subclause 6(2).

The amended subclause imposes a requirement on an egg producer to ensure that personnel and visitors exercise personal hygiene and health practices that do not make the eggs unsafe or unsuitable.

The purpose of the amendment is to take account of the provisions of the State and Territory Food Acts which apply and give effect to the Code, including Standard 4.2.5. The Food Acts generally provide that non-compliance with a requirement imposed on a person by a provision of the Code is an offence. However, the Food Act also provide it shall not be an offence if the person took all reasonable precautions and exercised all due diligence to prevent non‑compliance with the relevant Code requirement. See, for example, section 26 of the Food Act 2003 (NSW). These Food Act provisions mean that the ‘take all reasonable measures’ proviso in subclause 6(2) is not required.

Item [13] of the Schedule inserts new clause 6A into Standard 4.2.5.

The new clause is inserted after clause 6.

Clause 6A requires an egg producer to ensure the following:

• the presence of any animals, vermin and pests in any of the following does not make eggs unsafe or unsuitable:
   

                     equipment;

                     premises;

                     range areas;

                     transportation vehicles; and

• any animal used to guard or protect a flock does not make eggs unsafe or unsuitable.

For the definitions of ‘flock’ and ‘range area’ – see item [3] above.

Clause 2 of Standard 4.2.5 defines the term ‘premises’ to mean egg production premises or processing premises, which would include poultry houses (fixed or mobile) as these are used in the production of eggs.

As stated in item [10] above, subclause 2(1) of Standard 4.2.5 provides that the definitions in Chapter 3 apply to this Standard (unless a contrary intention appears and subject to Standard 4.1.1). Consequently, the definitions in Standard 3.1.1 for ‘equipment’ and ‘pests’ would apply to clause 6A.

Animals, vermin and pests are known vectors of Salmonella spp and their presence may contaminate eggs. New clause 6A will in effect require egg producers to have controls in place to manage their presence and the risk of contamination.

The clause recognises that egg producers may rely on guard animals to protect their flock. In this case, the egg producer must ensure that use of the animal does not make eggs unsafe or unsuitable.

Item [14] of the Schedule inserts new clause 8A into Standard 4.2.5.

The new clause is inserted after clause 8.

Clause 8A requires egg producers to ensure that a range area does not make eggs unsafe or unsuitable.

Clause 8A does not prescribe how the egg producer must ensure the above and meet this requirement. This lack of prescription provides egg producers with flexibility in how they manage food safety risks associated with the range areas and when required to respond to issues that may arise such as local flock infections with Salmonella Enteritidis. The requirement will in effect require egg producers to consider risk factors such as location (and adjacent land activities), design (such as drainage, restriction of access), maintenance (for example, removal or control of vermin attractants such as spilt feed) and operation (such as when layer hens can access the area following adverse weather).

For the definition of ‘range area’ – see item [3] above.

As stated in item [10] above, clause 2(1) of Standard 4.2.5 provides that the definitions in Chapter 3 apply to this Standard (unless a contrary intention appears and subject to Standard 4.1.1) - the terms ‘unsafe’ and ‘unsuitable’ are defined in Standard 3.1.1 of the Code.

Item [15] of the Schedule to the variation omits the words ‘the bird is’ from clause 9 and substitutes these with the words ‘the birds are’.

The amended clause 9 provides that an egg producer must not obtain eggs for human consumption from birds if the proprietor, supervisor or employee of the egg producer knows, ought to reasonably know or to reasonably suspect, the birds are affected by disease or a condition that makes the eggs unsafe or unsuitable.

The ordinary meaning of ‘condition’ would apply, which includes ‘a state of health’.

This amendment corrects the grammar of the clause.

Item [16] of the Schedule inserts new clauses 9A and 9B into Standard 4.2.5.

The new clauses are inserted after existing clause 9.

Clause 9A imposes requirements on egg producers to undertake environmental sampling to monitor bird health. In particular, clause 9A requires an egg producer to:

• take samples from each poultry house used by a flock; and
• test those samples for presence of Salmonella Enteritidis.

The requirement focusses on Salmonella Enteritidis given its ability to infect the internal organs of birds and be deposited within an egg as the egg is formed.

Clause 9B requires egg producers who transport or store collected eggs or egg pulp to ensure the time and temperature conditions under which transport and storage are undertaken do not make eggs or egg pulp unsafe or unsuitable.

Clause 9B does not prescribe how the egg producer must ensure the above and meet this requirement. Nor does it prescribe a temperature or a time for storage and transport. The requirement will in effect require egg producers to be aware of and monitor the temperatures that eggs and egg pulp they transport and store are exposed to and the amount of time that the eggs and egg pulp spend in storage or being transported at such temperatures. This lack of prescription provides egg producers with flexibility in how they manage food safety risks associated with the transport and storage of eggs and egg pulp. It allows, when required, for response to issues that may arise such as local flock infections with Salmonella Enteritidis or periods of high temperatures requiring a different management approach.

Item [17] of the Schedule repeals subclause 10(1) in Standard 4.2.5 and substitutes it with an amended subclause 10(1).

Clause 10 sets out traceability requirements with which egg producers must comply.

Existing subclause 10(1) provides that an egg producer must not sell eggs unless each individual egg is marked with the producer’s unique identification.

Amended subclause 10(1) provides that an egg producer must not sell eggs unless each individual egg is uniquely marked to identify the egg producer.

The intent of this amendment is to clarify the requirement imposed by subclause 10(1), align the wording with that used in amended clause 20(1), strengthen traceability of eggs and facilitate rapid traceback to the egg producer where foodborne illness has been linked to an egg.

Item [18] of the Schedule repeals subclause 10(4) in Standard 4.2.5 and substitutes it with an amended subclause 10(4).

As explained above, clause 10 sets out traceability requirements with which egg producers must comply. Existing subclause 10(4) requires an egg producer to have a system to identify to whom eggs or egg pulp is sold or supplied.

Amended subclause 10(4) provides that an egg producer must keep and maintain a record of each of the following:

(a)  the number of eggs collected on each date of collection;

(b)  the flock from which the eggs were collected;

(c)  the number or amount of collected eggs diverted to waste or to egg pulp;

(d)  the name and contact details of each person to whom eggs or egg pulp are sold or supplied (other than by direct sale of eggs to the public);

(e)  the date of each sale or supply referred to in paragraph (d);

(f)  the number of eggs sold or supplied to each person referred to in paragraph (d) on each date referred to in paragraph (e).

The purpose of this amendment is to ensure the egg producer’s traceability system contains records for each of these points to enable the system to trace forward and trace back effectively and quickly during an incident.

Item [19] of the Schedule repeals clause 11 of Standard 4.2.5 (including the Editorial note) and substitutes it with an amended clause 11 (including a new Note).

Existing clause 11 provides that an egg producer must not sell or supply eggs or egg pulp for human consumption if the egg producer knows, ought to reasonably know or to reasonably suspect, that the eggs are unacceptable. However, this requirement does not apply where the egg producer sells or supplies unacceptable eggs to an egg processor for processing in accordance with clause 21. Clause 2 of Standard 4.2.5 defines what constitutes an ‘unacceptable egg’ for the purposes of clause 11.

The Editorial note for clause 11 explains that ‘supply’ is defined in Standard 4.1.1 of the Code as including intra company transfers of product.

Amended clause 11 maintains the existing requirement for unacceptable eggs and egg pulp, but introduces a new requirement for broken eggs. Amended subclauses 11(1) and (2) provide that an egg producer must not sell or supply each of the following respectively:

• broken eggs for human consumption or for processing for human consumption;
• eggs or egg pulp for human consumption that the producer knows, ought to reasonably know or to reasonably suspect, are unacceptable.

Amended subclause 11(3) provides exceptions to the prohibition imposed by subclause 11(2). Paragraph 11(3)(a) provides that the prohibition does not apply to the sale or supply of dirty eggs to an egg processor for cleaning. Paragraph 11(3)(b) provides that the prohibition does not apply to the sale or supply of egg product to an egg processor for processing in accordance with clause 21 of Standard 4.2.5.

The Note to amended clause 11 also explains to the reader that ‘supply’ is defined in Standard 4.1.1 as including intra company transfers of product.

For the definition of ‘broken egg’ - see item [3] above.

The intent of this amendment is to: prohibit an egg producer from selling or supplying broken eggs for human consumption or for processing for human consumption; and to clarity that this prohibition does not prevent the sale or supply of dirty eggs by an egg producer to an egg processor for cleaning, which is a widespread existing industry practice.

Item [20] of the Schedule omits the reference to ‘clause 22’ in clause 12 of Standard 4.2.5 and substitutes that reference with a reference to ‘clauses 22 and 22A’.

Existing clause 12 provides that Standards 3.2.2 and 3.2.3 apply to processing under clause 21 of Standard 4.2.5 and storage and transport under clause 22 of Standard 4.2.5, but not to any other processing activities. Standard 3.2.2 sets specific requirements for food businesses and food handlers to ensure food does not become unsafe or unsuitable. Standard 3.2.3 sets requirements for food premises and equipment used by food businesses.

Existing clause 22 requires an egg processor to ensure egg product processed under clause 21 is stored or transported under time and temperature conditions that control the growth of pathogenic micro-organisms.

Clause 22 is amended by item [27] of the Schedule to the variation below.

New clause 22A is also inserted by item [27].

The intent of the amendment in item [20] is that the requirements contained within Standards 3.2.2 and 3.2.3 would apply to the storage and transport requirements in both clause 22 (as amended) and new clause 22A. This amendment is required as a result of the amendments in item [ 27] (see below).

Item [21] of the Schedule repeals clause 13 of Standard 4.2.5 and substitutes it with an amended clause 13.

Existing clause 13 sets out general food safety management requirements for egg processors - it provides that an egg processor must:

• systematically examine all of its processing operations to identify potential hazards and implement control measures to address those hazards;
• have evidence to show that a systematic examination has been undertaken and that control measures for those identified hazards have been implemented; and
• operate according to a food safety management statement that sets out how the requirements of Division 3 of the Standard are to be or are being complied with.

Amended clause 13 simply provides that an egg processor must comply with the general food safety management requirements.

The Note to this clause explains to the reader that the general food safety management requirements are set out in Division 2 of Standard 4.1.1. Clause 1 of Standard 4.1.1 provides that a reference in Chapter 4 of the Code (which includes Standard 4.2.5) to ‘the general food safety management requirements’ is to the requirements set out in Division 2 of Standard 4.1.1 (unless a contrary intention appears). Subclause 4(1) of Standard 4.1.1 provides that, where a Standard in Chapter 4 of the Code provides that a person or business must comply with the general food safety management requirements, the person or business must comply with the requirements set by clauses 4 and 5 of Standard 4.1.1.

Item [21A] of the Schedule omits ‘egg pulp’ in paragraph 14(c) of Standard 4.2.5 and substitutes that with ‘egg product’.

Clause 14 provides that an egg processor must not receive unacceptable eggs for human consumption unless an exemption listed in that clause applies. Clause 2 of Standard 4.2.5 defines an ‘unacceptable egg’ to mean: a cracked egg, a dirty egg; egg product which has not been processed in accordance with clause 21; or egg product which contains a pathogenic micro-organism. Standard 1.1.2 defines ‘egg product’ to mean the contents of an egg in any form including egg pulp, dried egg, liquid egg white and liquid egg yolk.

Paragraph 14(c) provides an exemption for egg pulp that is to be processed in accordance with clause 21 of Standard 4.2.5.

The purpose of the amendment is to broaden the exemption provided by paragraph 14(c) to include egg product has not yet been processed in accordance with clause 21 and egg product containing a pathogenic micro-organism.  The amendment will allow an egg processor to receive this egg product for human consumption provided it will be processed in accordance with clause 21.

Item [22] of the Schedule repeals clause 15 of Standard 4.2.5 (including the Editorial note) and substitutes it with an amended clause 15 (with a new Note) and a new clause 15A.

Existing clause 15 requires an egg producer to take all reasonable measures to ensure inputs do not make the eggs or egg product unsafe or unsuitable. The requirement in effect requires egg producers to consider and then manage risk factors associated with assessment, selection, storage, handling and use of inputs.

The Editorial note to this clause refers the reader to Standard 4.1.1 for the definition of ‘inputs’.

Amended clause 15 contains two subclauses.

Subclause 15(1) requires an egg producer to ensure that inputs do not make eggs or egg product unsafe or unsuitable. There is no longer a reference to ‘take all reasonable measures’.

The purpose of the amendment is to take account of the provisions of the State and Territory Food Acts which apply and give effect to the Code, including Standard 4.2.5. The Food Acts generally provide that non-compliance with a requirement imposed on a person by a provision of the Code is an offence. However, the Food Act also provide it shall not be an offence if the person took all reasonable precautions and exercised all due diligence to prevent non‑compliance with the relevant Code requirement. See, for example, section 26 of the Food Act 2003 (NSW).  These Food Act provisions mean the ‘take all reasonable measures’ proviso in subclause 15(1) is not required.

Subclause 15(2) provides that for the purposes of subclause (1), ‘inputs’ includes any of the following:

• chemicals;
• packaging;
• salt;
• sugar;
• water (including recycled water);
• other inputs used in, or in connection with egg processing.

The Note to amended clause 15 explains that the term ‘inputs’ is defined by clause 1 of Standard 4.1.1 of the Code to also include ‘any feed, litter, water (including recycled water), chemicals or other substances used in, or in connection with, the primary production or processing activity’.

These definitions of ‘input’ are inclusive.

The purpose of the amendment is to clarify what constitutes ‘an input’ for the purposes of the requirement for egg producers to ensure that inputs do not make eggs or egg product unsafe or unsuitable.

New clause 15A sets out a requirement for egg processors who clean eggs. The new clause requires an egg processor who cleans eggs to ensure that cleaning does not make the eggs unsafe or unsuitable. The new clause does not prescribe how the egg processor must ensure the latter and meet this requirement. This lack of prescription provides egg processors with flexibility in how they manage the food safety risks associated with cleaning eggs.

Item [23] of the Schedule omits the word ‘requirements’ from the title of clause 18 of Standard 4.2.5 and substitutes that word with the words ‘of personnel and visitors’.

The amended title of clause 18 is ‘Health and hygiene of personnel and visitors’.

The intent of this amendment is to align the title for this clause with other similar clauses in recent Standards in Chapter 4 of the Code.

Item [24] of the Schedule omits the words ‘take all reasonable measures to’ from subclause 18(2) of Standard 4.2.5.

The amended clause requires an egg processor to ensure that personnel and visitors exercise personal hygiene and health practices that do not make the eggs or egg product unsafe or unsuitable.

The purpose of the amendment is to take account of the provisions of the State and Territory Food Acts which apply and give effect to the Code, including Standard 4.2.5. The Food Acts generally provide that non-compliance with a requirement imposed on a person by a provision of the Code is an offence. However, the Food Acts also provide it shall not be an offence if the person took all reasonable precautions and exercised all due diligence to prevent non‑compliance with the relevant Code requirement. See, for example, section 26 of the Food Act 2003 (NSW).  These Food Act provisions mean that the ‘take all reasonable measures’ proviso in clause 18 is not required.

Item [25] of the Schedule inserts a new clause 18A into Standard 4.2.5

The new clause is inserted after existing clause 18.

Clause 18A provides that an egg processor must ensure that the presence of any animals, vermin and pests in premises, equipment and transportation vehicles, does not make eggs unsafe or unsuitable.

Animals, vermin and pests are known vectors of Salmonella spp and their presence may contaminate eggs. New clause 18A will in effect require egg processors to have controls in place to manage their presence and the risk of contamination.

Item [26] of the Schedule repeals clause 20 of Standard 4.2.5 and substitutes it with an amended clause 20.

Existing clause 20 sets out traceability requirements with which egg processors must comply; that is, egg processors must:

• not sell eggs unless each individual egg is marked with the unique identification of the processor or of the egg producer; and
• not sell or supply egg product unless each package or container containing the egg product is marked with the processor’s or the producer’s unique identification; and

• have a system to identify:

          from whom eggs or egg pulp was received; and

          to whom eggs or egg product was supplied.

Amended clause 20 provides that egg processors must:

• not sell eggs unless each individual egg is uniquely marked to identify the egg producer who produced that egg (see also the amendment to subclause 10(1) in item [17] above) (amended subclause 20(1)); and
• must not sell or supply egg product unless each package or container containing the egg product is marked with both of the following:

        the date on which it was made; and

        the unique identification of the egg processor (amended subclause 20(2)); and

• keep and maintain a record of each of the following:

 (a)  the name and contact details of each person from whom the egg processor received eggs for processing;

 (b)  the name and contact details of each person from whom the egg processor received egg product for processing;

 (c) the number of eggs received from each person referred to in paragraph (a) and the date on which those eggs were received;

 (d)  the amount of egg product received from each person referred to in paragraph (b) and the date on which the egg product was received;

 (e) the name and contact details of each person to whom the egg processor sold or supplied eggs or egg product (other than by direct sale to the public);

 (f) the date of each sale or supply referred to in paragraph (e);

(g) the number of eggs and amount of egg product sold or supplied to each person referred to in paragraph (e) on each date referred to in paragraph (f) (amended subclause 20(3)).

The purpose of this amendment is to ensure that the egg processor’s traceability system contains records for each of the above. This to enable the regulatory system to trace forward and trace back effectively and quickly during an incident.

Item [27] of the Schedule repeals clause 22 of Standard 4.2.5 and substitutes it with an amended clause 22 and a new clause 22A.

Existing clause 22 provides that an egg processor must ensure that egg product processed under clause 21 is stored or transported under time and temperature conditions that control the growth of pathogenic micro-organisms. Clause 21 sets out requirements for processing egg product.

Amended clause 22 is entitled ‘Storage and transport of eggs’ and provides that an egg processor must ensure that eggs are stored and transported under time and temperature conditions that will not make the eggs unsafe or unsuitable.

New clause 22A is entitled ‘Storage and transport of egg product’ and contains two subclauses.

Subclause 22A(1) provides that an egg processor must ensure that egg product is stored and transported under time and temperature conditions that will:

• not make the egg product unsafe or unsuitable; and
• control the growth of pathogenic micro-organisms.

Subclause 22A(2) provides that, for the purposes of subclause 22A(1), ‘egg product’ includes egg product that is unprocessed and egg product that has been processed under clause 21.

Amended clause 22 and new clause 22A do not prescribe how an egg processor must ensure the above and meet the requirements each imposes. Nor does each prescribe a temperature or a time for storage and transport. The requirement will in effect require egg processors to be aware of and monitor the temperatures that eggs or egg product are exposed to during storage and transport and the amount of time that the eggs and egg product spend in storage or being transported at such temperatures. This lack of prescription provides egg processors with flexibility in how they manage food safety risks associated with the transport and storage of eggs and egg product. It provides flexibility to respond to issues that may arise such as periods of high temperatures, local flock infections with Salmonella Enteritidis, and the risk posed by growth of pathogenic micro-organisms during storage or transport of egg product.

Standard 2.2.2 – Eggs and egg products

Item [28] of the Schedule amends Standard 2.2.2. Standard 2.2.2 applies in Australia only and imposes requirements for sale of eggs and egg product at retail sale and sale to caterers.

Item [28] repeals section 2.2.2—4 and substitutes it with an amended section 2.2.2—4. Existing section 2.2.2—4 provides that eggs for retail sale or for sale to a caterer must be individually marked with the egg producer’s or egg processor’s unique identification.

Amended section 2.2.2—4 provides that eggs for retail sale or for sale to a caterer must be individually marked to identify the egg producer who produced the egg.

The term ‘caterer’ is defined in section 1.1.2—2 of the Code.

The intent of this amendment is to align this requirement applying at retail sale and sale to caterers with the amended traceability requirements in clauses 10 and 20 in Standard 4.2.5 applying during egg production and processing (see items [17] and [26] above).