Primary Produce Safety Act 2011

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of the Commonwealth or another State or a Territory relating to food safety that corresponds with – this Act or an Act repealed by this Act; or the Food Act 2003; court means the Magistrates Court; dairy primary production means the production of milk or colostrum for further processing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.