1Objective

The objective of these Regulations is to prescribe for the purposes of the Food Act 1984—

(a)

a requirement for primary producers to whom a primary production and processing standard applies to register with a declared authority; and

(b)

the process for registration with a declared authority including the information to be provided; and

(c)

a prohibition on selling primary produce by primary producers who are not registered with a declared authority; and

(d)

the process for persons to whom a primary production and processing standard applies to submit food safety management statements to a declared authority for the purposes of clause 5 of Standard 4.1.1 of the primary production and processing standards; and

(e)

the process for a declared authority to approve or recognise a food safety management statement for the purposes of clause 5(a) of Standard 4.1.1 of the primary production and processing standards; and

(f)

a requirement for ongoing verification of food safety management statements for the purposes of clause 5(c) of Standard 4.1.1 of the primary production and processing standards; and

(g)

a prohibition on providing false or misleading information in applications under these Regulations; and

(h)

a prohibition on contravening conditions to which—

(i)

a primary producer's registration with a declared authority is subject; or

(ii)

an approval or recognition given by a declared authority in relation to a food safety management statement is subject; and

(i)

fees for the purposes of these Regulations.

2Authorising provision

These Regulations are made under section 63 of the Food Act 1984.

3Definitions

In these Regulations—

advice fee means the fee prescribed by regulation 31;

applicant for registration means a primary producer who has made a registration application and that application has not been determined or withdrawn;

approval application means an application under regulation 33;

approval application fee means the fee prescribed by regulation 38;

cancellation application means an application under regulation 17;

certificate of registration means a certificate issued by a declared authority under regulation 14;

certificate of renewal means a certificate issued by a declared authority under regulation 29;

food safety management statement has the same meaning as in Standard 4.1.1 of the primary production and processing standards;

growing site means land on which a primary producer grows primary produce;

industry-standard certification and audit scheme has the meaning given by regulation 5;

land area means the total area of land being used or intended to be used as a growing site by a primary producer;

primary produce means berries, leafy vegetables or melons;

primary producer has the meaning given by regulation 4;

recognition application means an application under regulation 43;

recognition application fee means the fee prescribed by regulation 48;

registered primary producer means a primary producer who is registered under Division 1 or 3 of Part 2;

registration application means an application under regulation 6;

registration application fee means the fee prescribed by regulation 11;

renewal application means an application under regulation 21;

renewal application fee means the fee prescribed by regulation 26;

Secretary DEECA means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Energy, Environment and Climate Action;

the Act means the Food Act 1984;

verification audit fee means the fee prescribed by regulation 54.

4Meaning of primary producer

(1)

Subject to subregulation (2), a primary producer is a person—

(a)

who is in the business of—

(i)

growing or harvesting primary produce in Victoria; or

(ii)

processing primary produce in Victoria including by washing, trimming, sorting, sanitising, storing, combining or packing primary produce on the premises on which the produce is grown or harvested; or

(iii)

transporting primary produce in Victoria on or between the premises on which the primary produce is grown, harvested or processed; and

(b)

to whom a primary production and processing standard specified in Schedule 1 applies.

(2)

A primary producer is not a person who is in the business of—

(a)

growing, harvesting or processing primary produce solely for consumption on the premises on which the produce is grown, harvested or processed; or

(b)

growing, processing or transporting seedlings of primary produce only.

5Meaning of industry-standard certification and audit scheme

(1)

An industry-standard certification and audit scheme is—

(a)

an industry-standard certification and audit scheme specified in Schedule 3; or

(b)

a scheme for certifying and auditing the business activities of primary producers that is approved by the Secretary DEECA.

(2)

The Secretary DEECA may approve an industry‑standard certification and audit scheme for the purposes of subregulation (1)(b).

6Application for registration

(1)

A primary producer may apply to a declared authority to be registered with the declared authority.

(2)

A registration application must—

(a)

be in a form approved by the Secretary DEECA; and

(b)

contain—

(i)

the primary producer's name, ABN and address; and

(ii)

if the primary producer has an ACN, the primary producer's ACN; and

(iii)

the primary producer's—

(A)

phone number; and

(B)

email address; and

(iv)

information about the type of primary produce that the primary producer is growing, harvesting, processing or transporting; and

(v)

information about the location of the premises on which the primary produce is grown, harvested, processed or transported; and

(vi)

any information required by the Secretary DEECA; and

(c)

be accompanied by the registration application fee.

7Approval of application

Subject to this Part, a declared authority must approve a registration application and register the primary producer if the application complies with regulation 6(2).

8Refusal of application

(1)

A declared authority must refuse a registration application if the Secretary DEECA is satisfied that doing so is justified on a ground specified in subregulation (2).

(2)

The grounds are—

(a)

a declared authority has refused an approval application or recognition application made by the primary producer; or

(b)

the primary producer has been found guilty of an offence against the Act or these Regulations; or

(c)

the Secretary DEECA is satisfied that the primary producer has provided false or misleading information in an application under these Regulations; or

(d)

the primary producer is the relevant person in respect of premises to which an order under section 19AA of the Act is in effect; or

(e)

the Secretary DEECA is satisfied that the primary producer—

(i)

has contravened or is contravening the Act, these Regulations or a primary production and processing standard; and

(ii)

the contravention may lead to a serious risk of food being sold or prepared that is unsafe or unsuitable; or

(f)

the primary producer has not paid a fee payable by the primary producer under these Regulations.

9Conditions

(1)

The following conditions apply to a primary producer's registration—

(a)

the primary producer must notify the declared authority in writing of the primary producer's intention to change—

(i)

the primary producer's—

(A)

address; and

(B)

name; and

(C)

phone number; and

(D)

email address; and

(ii)

the address of any growing site used by the primary producer;

(b)

the primary producer must notify the declared authority if primary produce sold by the primary producer is unsafe, unsuitable or unacceptable for human consumption, within 24 hours after the primary producer becomes aware or reasonably suspects that is the case;

(c)

if the primary producer is growing, harvesting, processing or transporting leafy vegetables or melons, the primary producer must have a food safety management statement.

(2)

In addition, the declared authority must impose any other condition—

(a)

that the Secretary DEECA considers appropriate; and

(b)

at a time the Secretary DEECA considers appropriate.

(3)

The declared authority must give written notice to the primary producer of any condition imposed under subregulation (2).

(4)

Written notice under subregulation (3) must specify—

(a)

the condition; and

(b)

the date on which the condition takes effect.

(5)

If a condition is imposed on a primary producer's registration, the declared authority must amend the primary producer's certificate of registration to specify the condition and the date on which the condition takes effect.

(6)

In this regulation—

unacceptable has the same meaning as in clause 3(2) of Standard 4.1.1 of the primary production and processing standards.

10Variation of conditions

(1)

A declared authority must vary a condition imposed under regulation 9(2)—

(a)

as the Secretary DEECA considers appropriate; and

(b)

at a time the Secretary DEECA considers appropriate.

(2)

The declared authority must give written notice to the primary producer of any condition varied under subregulation (1).

(3)

Written notice under subregulation (2) must specify—

(a)

the condition; and

(b)

the date on which the condition takes effect.

(4)

If a condition imposed on a primary producer's registration is varied, the declared authority must amend the primary producer's certificate of registration to specify the varied condition and the date on which the condition takes effect.

11Registration application fee

The application fee is the number of fee units specified in Column 3 of Table 1 in Schedule 2 that corresponds to the size of the land area used by the primary producer that is specified in Column 2 of that Table.

12Secretary DEECA may reduce registration application fee

(1)

The Secretary DEECA may reduce the registration application fee payable by a primary producer if the Secretary DEECA is satisfied that the primary producer's circumstances justify the reduction.

(2)

Without limiting subregulation (1), circumstances that justify a reduction include—

(a)

paying the fee would cause undue financial hardship to the primary producer; and

(b)

paying the fee would be manifestly unfair to the primary producer.

Example

If the primary producer is affected by adverse weather events such as a flood or fire.

Food (Primary Production and Processing) Regulations 2025

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