Primary Produce Safety Act 2011

Primary Produce Safety Act 2011

This Act may be cited as the Primary Produce Safety Act 2011.

The provisions of this Act commence on a day or days to be proclaimed.

The objects of this Act include –

to provide for the application in Tasmania of the Food Standards Code as it relates to primary production activities; and to develop food safety schemes for primary industries that reduce risks to consumers associated with unsafe or unsuitable primary produce; and to promote consumer confidence in the safety and integrity of Tasmanian primary produce; and to facilitate the trade of Tasmanian primary produce by ensuring it meets national and international food safety standards.

In this Act, unless the contrary intention appears – abattoir animal means an animal that is not living in the wild that is – a bovine animal; or an equine animal; or a sheep, pig, goat or deer; or an animal, other than poultry or seafood, that is prescribed by the regulations; accreditation means an accreditation in force under Part 4 and includes a temporary accreditation; accredited producer means a person holding a valid accreditation under Part 4; animal means any member of the animal kingdom (other than a human), whether alive or dead, including – any amphibian, bird, crustacean, fish, insect, mammal, mollusc, and reptile; and any egg, embryo, ova or sperm of such a member of the animal kingdom; and any carcass or part of any carcass of such a member of the animal kingdom; approved food safety auditor means a food safety auditor approved under Part 11; approved food safety program means a food safety program approved for an accreditation under Part 4; audit includes inspection; authorised officer means a person appointed to be an authorised officer under section 35, and includes the Chief Inspector; body corporate includes – a body corporate established under a food safety scheme pursuant to section 9; and a body corporate established under another enactment or in the exercise of prerogative rights of the Crown to administer or control any department, business, undertaking or public institution on behalf of the State; check audit means an audit referred to in section 57;Chief Inspector means the person appointed to be, or acting in the office of, the Chief Inspector of Primary Produce Safety and includes a body corporate that has been designated any functions and powers of the Chief Inspector under a food safety scheme; compliance notice means a compliance notice referred to in section 49; corresponding law means a law of the Commonwealth or another State or a Territory relating to food safety that corresponds with – this Act or an Act repealed by this Act; or the Food Act 2003; court means the Magistrates Court; dairy primary production means the production of milk or colostrum for further processing for human consumption and includes the keeping, grazing, feeding and milking of animals and the storage of milk on the premises at which the animals were milked; dairy processing includes the manufacture of dairy products; dairy products includes – milk; and colostrum; and liquid milk products; and cream and thickened cream; and butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee and anhydrous milk fat (butter oil); and casein, caseinate and cheese; and whey, whey cream and concentrated whey cream; and cultured milk and yoghurt; and ice-cream and ice-cream mix; and buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates; and any other product prescribed by the regulations; dairy transport business means a business, enterprise or activity involving the collection and transport of milk or colostrum from premises where dairy primary production is carried out to premises where dairy processing is carried out, or the transport of bulk milk or dairy products between premises where dairy processing is carried out; diseased means infected with, or affected by, a condition, or in a state, that is prescribed by the regulations; egg means an egg from any avian (bird) species; food has the same meaning as in the Food Act 2003; food safety auditor means a person approved as such under Part 11; food safety program– see Part 10; food safety scheme– see Part 3;Food Standards Code means the Australia New Zealand Food Standards Code as defined in the Food Standards Australia New Zealand Act 1991 of the Commonwealth; game means any animal living in the wild but does not include seafood; meat means the whole or any part of the carcass or offal of any slaughtered abattoir animal, poultry or game that is intended for human consumption and is raw, but does not include seafood or a product produced from seafood; meat processing means – the slaughter of abattoir animals to produce meat or meat products; and the slaughter of poultry to produce meat or meat products; and the production of meat or meat products from slaughtered abattoir animals or poultry, or from game slaughtered in the wild; and the storage, transportation and packaging of any meat or meat products produced by an activity referred to in paragraph (a), (b) or (c); and any other activity that is prescribed by the regulations; meat product means a product – that wholly or partially is derived from meat; and that is intended for human consumption – and includes any product which complies with paragraphs (a) and (b) and which is partially processed, prepared for further processing or fully processed; offal means the brain, thymus gland, pancreas gland, liver, spleen, kidney, heart, lung, intestine, tongue, blood, head or tail of any slaughtered animal or any part of the body of any slaughtered animal which is removed in the course of dressing the body; pet means any carnivorous animal kept by a person; pet food means any part of, or product that results from the processing of any part of, the body of any animal, being part or product produced for consumption by pets; pet food production includes the production, storage, transportation and packaging of pet food; poultry means a domesticated bird; premises includes – land (whether or not vacant); and the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); and a pontoon; and a vehicle (other than a food transport vehicle while it is engaged in the transport of food); and an area of water used in the production, storage or growing of seafood; primary produce includes any of the following:an animal, plant or other organism, or part of an animal, plant or other organism, intended for consumption by humans; any food produced by any primary production activity; any pet food produced by any primary production activity; any other thing that is prescribed by the regulations; primary produce business means a business, enterprise or activity comprising one or more primary production activities, regardless of whether the business, enterprise or activity concerned is of a commercial, charitable or community nature; primary production activity– see section 5; producer means a person who engages in one or more primary production activities and includes a proprietor of a primary produce business; prohibition order means a prohibition order referred to in section 50; proprietor of a primary produce business means – the person carrying on the primary produce business; or if that person cannot be identified, the person in charge of the primary produce business; regulations means regulations made under this Act; seafood means all aquatic animals intended for human consumption, but excludes amphibians, mammals and reptiles;Secretary means the Secretary of the Department; slaughter means to kill any animal for the production of meat, meat products or pet food; supplier means any person who engages in the supply of primary produce and may include a producer; supply includes the following:deliver, sell, trade, give or distribute, whether for valuable consideration or not; offer or agree to supply; cause or permit to supply; hold in possession for the purpose of supply; produce or pack for the purpose of supply; unsafe for human consumption, in relation to primary produce – see section 23; unsuitable for human consumption, in relation to primary produce – see section 24; vehicle means any means of transport, whether self-propelled or not, and whether used on land or sea or in the air.

For the purposes of this Act, premises are associated with each other if they are occupied or used by the same primary produce business.

In this Act – primary production activity means the production and processing of primary produce and includes the following:the growing, raising, cultivation, picking, harvesting, collection or catching of primary produce; the sorting or grading of primary produce on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught, or on premises that are associated with those premises; the treating, freezing, packing, refrigeration, storage or washing of primary produce on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught, or on premises that are associated with those premises; the shucking of molluscs; the transportation or delivery of primary produce on, from or between premises on which it was grown, raised, cultivated, picked, harvested, collected or caught; the management, breeding, transportation and supply of live animals for the production of primary produce; meat processing; dairy primary production, dairy processing or carrying on a dairy transport business; pet food production; any other activity that is prescribed by the regulations.

However, primary production activity does not include – the sale or service of food by way of retail; or cooking or handling food in the course of preparing a meal for a person; or any other activity that is prescribed by the regulations.

In this section – treating of primary produce means – enhancing the appearance of the primary produce including, for example, waxing, oiling or colouring the produce, without substantially transforming its nature; or dealing with the primary produce solely in order to eliminate or control pathogenic organisms, toxins and contaminants in the produce, or to ripen it.

This Act is in addition to and does not limit or derogate from any other Act.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

The Secretary may appoint a State Service officer or State Service employee employed in the Department who is suitably qualified to be Chief Inspector of Primary Produce Safety.

The Secretary may appoint a State Service officer or State Service employee employed in the Department who is suitably qualified to act in the office of Chief Inspector of Primary Produce Safety.

A person appointed under subsection (1) or (2) may hold, or act in, the office of Chief Inspector in conjunction with State Service employment.

The Chief Inspector may by an authority in writing authorise a State Service officer or State Service employee to exercise such of the powers conferred on the Chief Inspector as may be specified in the authority, and anything done in pursuance of such an authority has the like effect as if it were done by the Chief Inspector.

A food safety scheme may designate, for the purposes of the scheme, any or all the powers and functions of the Chief Inspector under this Act to a body corporate.

The Chief Inspector is an authorised officer for the purposes of this Act and may exercise the powers and functions of an authorised officer in addition to the powers and functions of Chief Inspector.

The regulations may establish a food safety scheme.

Subject to section 10, a food safety scheme may do any or all of the following:specify the primary produce or class of primary produce and the primary production activities or class of primary production activities to which the scheme applies; make provision for any matter relating to how and where any primary production activity under the scheme is to be carried out including, for example, matters relating to the location, design, condition and operation of any premises, vehicle or equipment used in the primary production activity; prohibit any primary production activity or class of primary production activities; specify circumstances in which a person who engages or proposes to engage in any primary production activity under the scheme must be accredited; make provision for any matter relating to the accreditation of persons who engage or propose to engage in any primary production activity under the scheme; designate for the purposes of the scheme the powers and functions of the Chief Inspector under this Act (including any powers of delegation) to a body corporate; establish a body corporate to perform the role of Chief Inspector under the scheme and make provision relating to the body corporate, including provision for the membership of the body corporate, conditions of membership, procedural matters, functions and powers, delegation, financial accounting and auditing and reporting to the Minister; specify the circumstances in which a person who engages or proposes to engage in any primary production activity under the scheme must prepare and implement a food safety program; make provision for any matter relating to the content, preparation, implementation and auditing of food safety programs required under the scheme and the approval of such programs by the Chief Inspector; make provision for any matter relating to the classification, marking or identification of primary produce under the scheme; make provision for any matter relating to the wholesomeness, sanitation, hygiene and prevention of disease or pathogens in primary produce under the scheme, and the blending or mixing of primary produce under the scheme with any other thing; make provision for any matter relating to the qualifications, skills or expertise required of a person to engage in any primary production activity, or to handle primary produce, under the scheme; make provision for any matter relating to auditing requirements under the scheme including, for example, the qualifications, skills or expertise required of a person to conduct audits under the scheme; make provision for any matter relating to the recall of primary produce under the scheme; make provision for any matter relating to the monitoring and record keeping by persons who engage in any primary production activity under the scheme, and the giving of information and returns relating to food safety matters by such persons; make provision for any matter relating to the issuing of any direction, warning or notice required to deal with any risk to public safety in relation to any primary produce or primary production activity under the scheme; make provision for any matter relating to the levy or payment of fees and charges under the scheme; make provision for any matter relating to the establishment of a public register of persons holding an accreditation under the scheme; make provision for the adoption of any program, code, standards or guidelines relevant to any primary produce or primary production activity under the scheme; make provision for any matters relating to compliance and enforcement in respect of the scheme including the creation of offence provisions; make provision for exemptions to specific persons or classes of persons from some or all of the requirements of the scheme relating to any primary produce or primary production activity under the scheme; make provision for any matter relating to the review or revision of the scheme; make provision for any other matter relating to the safety or suitability of any primary produce or primary production activity under the scheme.

A food safety scheme may provide that contravention of, or failure to comply with, the scheme or a provision of the scheme is an offence punishable by a fine – in the case of a body corporate, not exceeding 250 penalty units; or in the case of an individual, not exceeding 50 penalty units.

Without limiting section 9, a food safety scheme must, as a minimum –

state the primary produce or class of primary produce and the primary production activities or class of primary production activities to which the scheme applies; and if a body corporate is to perform the role of Chief Inspector under the scheme, designate, for the purposes of the scheme, all the requisite functions and powers of the Chief Inspector to be performed and exercised by the body corporate; and state who must be accredited under the scheme and who must comply with the scheme; and state who must prepare and implement a food safety program under the scheme; and state the auditing requirements under the scheme; and establish a public register of persons holding an accreditation under the scheme.

An accreditation granted to a person authorises the person to engage in the primary production activities – stated in the accreditation; and on the conditions stated in the accreditation and in accordance with this Act.

The accreditation does not authorise the accredited producer to do anything prohibited under another Act.