Primary Produce Safety (Egg) Regulations 2024

Primary Produce Safety (Egg) Regulations 2024

2 December 2024

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Primary Produce Safety Act 2011.

These regulations may be cited as the Primary Produce Safety (Egg) Regulations 2024.

These regulations take effect on 31 December 2024.

In these regulations –

accredited egg producer means an egg producer that is an accredited producer;

Act means the Primary Produce Safety Act 2011;

approved egg food safety program means a food safety program in respect of egg or egg product that is an approved food safety program;

egg business means a primary produce business, or a proposed primary produce business, that consists, in whole or in part, of egg production or egg processing, either alone or in combination, other than home egg production;

egg food safety scheme– see regulation 6;

egg-laying bird means a female bird that has reached a stage of growth where the bird is capable of laying eggs;

egg processing means – pulping, separating, grading, packing, washing, candling, assessing for cracks or oiling eggs that are intended for supply to an egg business or food business; and treating, through pasteurisation or other similar processes, egg product that is intended for supply to an egg business or food business; and storing or transporting egg or egg product when undertaken as a result of an activity specified in paragraph (a) or (b);

egg producer means a producer who engages in, or is proposing to engage in, egg production or egg processing, either alone or in combination;

egg product means the content of an egg, in part or in whole, in liquid, frozen or dried form;

egg production means the collection of eggs – produced by egg-laying birds that are kept or managed for that purpose; and for the purposes of human consumption;

food business has the same meaning as in the Food Act 2003;

full-time egg handler means an individual who directly engages in egg production or egg processing – as an employee or agent of an egg business; and for 38 hours in a week;

home egg production means egg production carried on at residential premises that does not involve any of the following:the keeping or management of more than 20 egg-laying birds at any one time; the supply of eggs to an egg business; the supply of eggs to a food business; the supply of eggs at a market; the supply of eggs by way of wholesale.

For the purposes of paragraph (j) of the definition of primary production activity in section 5(1) of the Primary Produce Safety Act 2011, egg production and egg processing are prescribed as primary production activities.

For the purposes of section 5(2)(c) of the Act, home egg production is prescribed as an activity that is not a primary production activity.

These regulations establish, in Part 2, a food safety scheme in respect of egg and egg product.

In any document, a reference to the egg food safety scheme is taken to be a reference to the egg food safety scheme, established in Part 2 of these regulations, as amended from time to time.

For the purposes of section 16(1) of the Act, in relation to an accredited egg producer – the period prescribed is the period of 12 months ending on the last day in June in any calendar year; and the date prescribed is the 1 July immediately after the period prescribed under paragraph (a); and the fee prescribed is the annual fee set out in item 4 of Schedule 1.

For the purposes of section 16(2) of the Act, the fee prescribed as a penalty for default by an accredited egg producer is the penalty for default set out in item 5 of Schedule 1.

In this regulation – GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

The fees specified in Schedule 1 – are, unless otherwise specified, exclusive of GST; and are prescribed as the fees payable in respect of the matters to which they relate.

The Chief Inspector may exempt a person, or class of persons, from liability for all or any part of a fee payable under the Act in one or more of the following circumstances:the egg business carried on by the person involves the export of egg or egg product, to another country, under a law of the Commonwealth; the egg business carried on by the person forms part of, or is attached to, a food business registered under the Food Act 2003 that is carried on by that person at the same premises as the egg business; the person is an Aboriginal person engaging in a primary production activity of traditional or cultural significance within the Tasmanian Aboriginal community; the person holds, or has applied for, accreditation under 2 or more food safety schemes; the egg business carried on by the person is carried on by the person primarily for a charitable, educational or other non-commercial purpose; the circumstances are exceptional circumstances in which it would be just and equitable to exempt the person from all or part of the fee.

The following Acts are prescribed Acts for the purposes of section 14(3)(a)(iii) of the Act:

Agricultural and Veterinary Chemicals (Control of Use) Act 1995;

Agricultural and Veterinary Chemicals (Tasmania) Act 1994;

Animal (Brands and Movement) Act 1984;

Animal Health Act 1995;

Animal Welfare Act 1993;

Biosecurity Act 2019;

Environmental Management and Pollution Control Act 1994;

Public Health Act 1997.

The egg food safety scheme applies to – all primary produce comprised, in whole or in part, of egg and egg product; and all primary production activities involving egg production, or egg processing, either alone or in combination.

The following persons must comply with the egg food safety scheme:a person who supplies primary produce to which the egg food safety scheme applies; a person who engages in, or proposes to engage in, a primary production activity to which the egg food safety scheme applies.

A person who is required to comply with the egg food safety scheme must comply with Standard 4.2.5 – Primary Production and Processing Standard for Eggs and Egg Product in the Food Standards Code, as amended from time to time.

Subregulation (1) is in addition to, and does not remove or replace, a requirement within another food safety scheme or standard that applies to a person referred to in subregulation (1).