FOOD ACT 2003 - SECT 103
Consultation to be undertaken on regulations establishing food safety schemes
FOOD ACT 2003 - SECT 103
Consultation to be undertaken on regulations establishing food safety schemes
103 Consultation to be undertaken on regulations establishing
food safety schemes
(1) The Minister is to ensure that consultation with the relevant industry or
sector of industry is undertaken before the making of any regulation that
establishes a food safety scheme.
(2) The provisions of section 5 (Regulatory
impact statements) of the Subordinate Legislation Act 1989 apply to a
regulation that establishes a food safety scheme in the same way as they apply
to a principal statutory rule (within the meaning of that Act).
(3) In
addition to any matters that are required to be included in a regulatory
impact statement under the Subordinate Legislation Act 1989 , the following
matters are to be included in such a statement prepared in relation to a
proposed regulation establishing a food safety scheme--
(a) an assessment of
food safety risks in the industry or sector of industry to which the
food safety scheme relates in accordance with national and international
standards for risk assessment,
(b) a statement of whether the
food safety scheme is based on national standards or supplements national
standards, and for those standards imposed by the food safety scheme that are
not national standards, an explanation of why those standards are required,
(c) an explanation as to whether the food safety scheme is performance-based
or prescriptive, or a combination of both, and the rationale for the approach
adopted taking into account the assessed food safety risks in the relevant
industry or sector of industry and the capacity of the people involved in that
industry or sector of industry to deal adequately with those risks,
(d) an
explanation of the scope of the food safety scheme, including the persons who
have responsibilities under the scheme,
(e) an explanation of any agreements
involving the Food Authority and other government agencies as to the
regulation of the food, food business or activity carried out in respect of
food to which the food safety scheme relates,
(f) if a food safety scheme
includes a licensing scheme, an explanation of why the licensing scheme is
necessary to ensure the safety of food,
(g) an assessment of any quality
assurance scheme operating in the industry or sector of industry to which the
food safety scheme relates, including an assessment of the extent to which the
scheme satisfies the requirements of any relevant national standard.
(4)
Consultation is taken to have been undertaken on a food safety scheme for the
purposes of subsection (1) if notice of the proposed regulation establishing
the food safety scheme has been published in accordance with section 5 (2) (a)
of the Subordinate Legislation Act 1989 , consultation on the regulation has
taken place in accordance with section 5 (2) (b) of that Act and comments and
submissions received have been appropriately considered in accordance with
section 5 (2) (c) of that Act.
