FOOD REGULATION 2002 - made under the Food Act 2001 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of regulation 2. Dictionary 3. Notes PART 2--GENERAL 4. Excluded reticulated water systems--Act, s 7 (3), def of relevant reticulated 5. Excluded primary food production activities--Act, 6. Food businesses exempt from registration--Act, s 89 7. Food standards code--incorporation 8. Food standards code--meaning of appropriate enforcement PART 3--FOOD SAFETY PROGRAMS 9. Food safety auditors 10. Functions of food safety auditors 11. Reporting requirements 12. Audit frequency 13. Food safety program to be given to chief health officer and made available to DICTIONARY ENDNOTES FOOD REGULATION 2002 - REG 1 Name of regulation This regulation is the Food Regulation 2002. FOOD REGULATION 2002 - REG 2 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). FOOD REGULATION 2002 - REG 3 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. FOOD REGULATION 2002 - REG 4 Excluded reticulated water systems--Act, s 7 (3), def of relevant reticulated water system, par (c) A place to which a reticulated water system provides less than 365ML of water a year is prescribed. Examples systems that provide water to Tharwa township and the forestry settlements at Uriarra and Pierce's Creek Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). FOOD REGULATION 2002 - REG 5 Excluded primary food production activities--Act, s 11 (2) (c) The following primary food production activities are prescribed: (a) dairy farming and milk processing; (b) producing hen eggs commercially; (c) producing wine; (d) commercial slaughtering of livestock for human consumption. FOOD REGULATION 2002 - REG 6 Food businesses exempt from registration--Act, s 89 (1) The following food businesses are prescribed: (a) a food business that handles or sells food if-- (i) all the food is either-- (A) non-potentially hazardous and not contained in a closed package; or (B) sold, straight after thorough cooking, for immediate consumption; and (ii) the food business handles or sells food during no more than 5 periods a year, and each period when it sells food is no longer than 3 days; (b) the food business handles or sells food in or from a food transport vehicle that is registered under a State law that corresponds to the Act; (c) a food business that transports food but does not otherwise handle or sell food; (d) a food business that sells only food that is-- (i) contained in a closed package intended for sale; and (ii) non-potentially hazardous; (e) a food business that only sells, through a vending machine, food that is non-potentially hazardous. (2) In this section: "non-potentially hazardous"--food is non-potentially hazardous if it does not need to be kept at certain temperatures to-- (a) minimise the growth of any pathogenic micro-organisms that may be present in the food; or (b) prevent the formation of toxins in the food. FOOD REGULATION 2002 - REG 7 Food standards code--incorporation The food standards code, as in force from time to time, is incorporated in this regulation. FOOD REGULATION 2002 - REG 8 Food standards code--meaning of appropriate enforcement agency The administrative unit to which the chief health officer belongs is the appropriate enforcement agency for the food standards code. FOOD REGULATION 2002 - REG 9 Food safety auditors (1) The chief health officer may, in writing, authorise a public health officer to be a food safety auditor. (2) In this section: "public health officer" means a public health officer under the Public Health Act 1997, section 12. FOOD REGULATION 2002 - REG 10 Functions of food safety auditors A food safety auditor has the following functions: (a) to carry out audits of food safety programs when required under section 12; (b) if an audit identifies deficiencies in a food safety program--to carry out any necessary follow-up action (including additional audits) to check the deficiencies are remedied; (c) to report to the chief health officer the results of investigations or audits carried out under this part. FOOD REGULATION 2002 - REG 11 Reporting requirements A food safety auditor who carries out a food safety program audit of a registered food business must give a copy of the audit report to the food business. FOOD REGULATION 2002 - REG 12 Audit frequency (1) The chief health officer may determine how often a food safety program audit for a registered food business must be carried out. Note Power to make a statutory instrument includes power to make different provision for different categories (see Legislation Act, s 48). (2) In determining the audit frequency for a registered food business, the chief health officer-- (a) must consider the interest of public health and safety; and (b) may consider the business' compliance with food safety programs. (3) A determination under this section is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. FOOD REGULATION 2002 - REG 13 Food safety program to be given to chief health officer and made available to employees (1) This section applies to a registered food business that is required to have a food safety program. Note For requirements about food safety programs, see the food standards code, standard 3.2.1. (2) The proprietor of the registered food business must-- (a) give a copy of the food safety program (including any changes made to it) to the chief health officer; and (b) keep a copy of the program (including any changes made to it) at each of the business' premises for inspection by any employee of the business. FOOD REGULATION 2002 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o Act o chief health officer. Note 3 Terms used in this regulation have the same meaning that they have in the Food Act 2001 (see Legislation Act, s 148). For example, the following terms are defined in the Food Act 2001, dict: o food business o food safety standard o food standards code o registered. "food safety auditor" means a person authorised to be a food safety auditor under section 9. FOOD REGULATION 2002 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history This regulation was originally the Food Regulations 2002. It was renamed under the Legislation Act 2001. Food Regulation 2002 SL2002-10 notified LR 7 May 2002 s 1, s 2 commenced 7 May 2002 (LA s 75 (1)) remainder commenced 8 May 2002 (s 2) as amended by Food Amendment Regulations 2002 SL2002-14 notified LR 11 June 2002 commenced 11 June 2002 (s 2) Food Amendment Regulations 2003 (No 1) SL2003-19 notified LR 1 July 2003 s 1, s 2 commenced 1 July 2003 (LA s 75 (1)) remainder commenced 2 July 2003 (s 2) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.24 notified LR 12 May 2005s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))sch 3 pt 3.24 commenced 12 November 2005 (s 2 (2) and LA s 79) Food (Safety Programs) Amendment Regulation 2007 (No 1) SL2007-14 notified LR 31 May 2007 s 1, s 2 commenced 31 May 2007 (LA s 75 (1)) remainder commenced 1 June 2007 (s 2) 4 Amendment history Name of regulations 1 am R5 LA Dictionarys 2 om LA s 89 (4) ins SL2007-14 s 4 Notess 2A renum as s 3 Notess 3 orig s 3 renum as s 4 (prev s 2A) ins SL2007-14 s 4 renum as s 3 SL2007-14 s 5 Excluded reticulated water systems--Act, s 7 (3), def of relevant reticulated water system, par (c)s 4 orig s 4 renum as s 5 (prev s 3) renum as s 4 SL 2007-14 s 5 Excluded primary food production activities--Act, s 11 (2) (c)s 5 orig s 5 renum as s 6 (prev s 4) am SL2003-19 s 4 renum as s 5 SL2007-14 s 5 Food businesses exempt from registration--Act, s 89s 6 orig s 6 renum as s 7 (prev s 5) am SL2003-19 s 5 renum as s 6 SL2007-14 s 5 Food standards code--incorporations 7 orig s 7 renum as s 8 (prev s 6) renum as s 7 SL2007-14 s 5 Food standards code--meaning of appropriate enforcement agencys 8 orig s 8 om A2005-20 amdt 3.160 (prev s 7) renum as s 8 SL2007-14 s 5 Food safety programspt 3 hdg om A2005-20 amdt 3.160 ins SL2007-14 s 6 Food safety auditorss 9 om A2005-20 amdt 3.160 ins SL2007-14 s 6 Functions of food safety auditorss 10 om A2005-20 amdt 3.160 ins SL2007-14 s 6 Reporting requirementss 11 om A2005-20 amdt 3.160 ins SL2007-14 s 6 Audit frequencys 12 om A2005-20 amdt 3.160 ins SL2007-14 s 6 Food safety program to be given to chief health officer and made available to employeess 13 om A2005-20 amdt 3.160 ins SL2007-14 s 6 Identifying particulars for authorised officer for reminder notice--Act, s120 (f)s 14 om A2005-20 amdt 3.160 Costs if liability disputed--Act, s 124 (3) (b)s 15 om A2005-20 amdt 3.160 Modifications of Actpt 4 hdg ins SL2002-14 s 4 exp 10 March 2003 (s 17) Modification of Act, pt 12s 16 ins SL2002-14 s 4 exp 10 March 2003 (s 17) Expiry of pt 4 and sch 2s 17 ins SL2002-14 s 4 exp 10 March 2003 (s 17) Infringement notice offences and penaltiessch 1 om A2005-20 amdt 3.161 Modification of Act, part 12sch 2 ins SL2002-14 s 5 exp 10 March 2003 (s 17) Dictionarydict ins SL2007-14 s 7 def food safety auditor ins SL2007-14 s 7 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 not amended 8 May 2002 2 SL 2002 No 14 12 June 2002 3 SL2002-14 11 March 2003 4 SL2003-19 2 July 2003 5 SL2003-19 3 November 2004 6 A2005-20 12 November 2005 (c) Australian Capital Territory 2007 FOOD REGULATION 2002 - NOTES Australian Capital Territory SL2002-10 Republication No 7 Effective: 1 June 2007 Republication date: 1 June 2007 Last amendment made by SL2007-14Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Food Regulation 2002, made under the Food Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 June 2007. It also includes any amendment, repeal or expiry affecting the republished law to 1 June 2007. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Food Regulation 2002 Endnotes Australian Capital Territory Food Regulation 2002