New South Wales Consolidated Regulations

FOOD REGULATION 2004

- Made under the Food Act 2003
- As at 31 August 2009
- Reg 59 of 2004

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - PROVISIONS RELATING TO FOOD STANDARDS CODE

   4.      Modification of Food Standards Code
   5.      Notifications of food handling operations

   PART 3 - FOOD SAFETY SCHEMES-GENERAL PROVISIONS

           Division 1 - Interpretation

   6.      Definitions
   7.      Application of food safety schemes to retail premises and food not intended for sale

           Division 2 - Licensing of food businesses

   8.      Food business to be licensed
   9.      Application for licence
   10.     Issue of licences
   11.     Duration of licence
   12.     Additional conditions of licence
   13.     Variation of terms and conditions of licence
   14.     Suspension or cancellation of licence
   15.     Licence not transferable
   16.     Renewal of licence
   17.     Display of licence

           Division 3 - Food safety programs

   18.     Content of food safety program
   19.     Certification of food safety program

           Division 4 - Inspections and audits

   20.     Charges for inspections and audits
   20A.    Fee for food safety auditor application
   20B.    Food safety auditor reports
   20C.    Inspections and audits of food businesses
   20D.    Approval for a food business to retain food safety auditor

           Division 5 - Procedures for payment of licence fees and levies

   21.     Calculation and notification of licence fees

           Division 6 - Review of decisions of Food Authority

   22.     Review of decisions

   PART 4 - DAIRY FOOD SAFETY SCHEME

           Division 1 - Preliminary

   23.     Definitions
   24.     Dairy food safety scheme
   25.     Meaning of “dairy business”

           Division 2 - General requirements

   26.     Milk and cream must be pasteurised
   27.     Protection of milk and dairy products on premises
   28.     Protection of milk and dairy products being transported
   29.     Requirements for production, manufacturing and storage areas

           Division 3 - Requirements for dairy buildings and dairy farms

   30.     Licence requirements in relation to dairy buildings
   31.     Equipment in dairy buildings
   32.     Maintenance
   33.     Cooling or packaging of milk
   34.     Sampling and testing
   35.     Milk collection
   36.     (Repealed)

           Division 4 - Requirements for dairy produce factories, dairy produce stores and milk stores

   37.     Building not to be used without licence
   38.     Requirements of Export Control Orders to apply
   39.     Cleaning and repair of buildings and equipment
   40.     (Repealed)
   41.     Cooling of milk
   42.     Records to be kept
   43.     Testing of milk consigned from one dairy produce factory to another
   44.     Temperature of milk consigned between dairy produce factories
   45.     Temperature and storage of milk and cream at factories
   46.     Milk for manufacture
   47.     Pasteuriser requirements
   48.     Standards and testing of milk and dairy products
   49.     Control of Salmonella
   50.     Control of Listeria
   51.     Product recall procedure
   52.     Use of a milk tanker or vessel used for bulk milk transport
   53.     Cleanliness of a milk tanker or vessel used for bulk milk transport
   54.     Standards for milk and dairy produce stores
   55.     Records to be kept by milk and dairy produce stores

           Division 5 - Requirements for vehicle vendors

   56.     Handling of milk and dairy products
   57.     (Repealed)

           Division 6 - Miscellaneous

   58.     Licence fees
   59.     Industry consultation

   PART 5 - MEAT FOOD SAFETY SCHEME

           Division 1 - Preliminary

   60.     Definitions
   61.     Meat food safety scheme
   62.     Meaning of “meat business”

           Division 2 - Classes of licence

   63.     Classes of licence

           Division 3 - Abattoirs

   64.     Additional requirements for applications for abattoir licences
   65.     Applications to alter abattoir premises
   66.     Minimum standards for abattoirs
   67.     Operational standards for abattoirs

           Division 4 - Meat processing plants

   68.     Additional requirements for applications for licences in respect of meat processing
   69.     Classes of meat processing licence
   70.     Minimum standards for meat processing plants
   71.     Operational standards for meat processing plants

           Division 5 - Game meat processing plants

   72.     Additional requirements for applications for game meat processing licences
   73.     Classes of game meat processing licence
   74.     Minimum standards for game meat processing plants
   75.     Operational standards for game meat processing plants

           Division 6 - Meat vans

   76.     Applicants to present meat vans for inspection
   77.     Meat van labels
   78.     Issue of licence in respect of class 1, 2 or 3 meat van
   79.     Minimum standards for meat vans
   80.     Operational standards for meat vans

           Division 7 - Game meat vans

   81.     Applicants to present game meat vans for inspection
   82.     Game meat van labels
   83.     Issue of licence in respect of class 1, 2, 3, 4, 5 or 6 game meat van
   84.     Minimum standards for game meat vans
   85.     Operational standards for game meat vans

           Division 8 - Knackeries

   86.     Additional requirements for applications for knackery class licences
   87.     Applications to alter knackery premises
   88.     Minimum standards for knackeries
   89.     Operational standards for knackeries

           Division 9 - Rendering plants

   90.     Additional requirement for applications for licences in respect of rendering plants
   91.     Minimum standards for rendering plants
   92.     Operational standards for rendering plants

           Division 10 - Animal food processing plants

   93.     Additional requirements for applications for licences in respect of animal food processing plants
   94.     Issue of licences in respect of class 1, 2, 3 or 4 animal food processing
   95.     Minimum standards for animal food processing plants
   96.     Operational standards for animal food processing plants

           Division 11 - Animal food vans

   97.     Applicants to present animal food vans for inspection
   98.     Issue of class 1, 2 or 3 animal food van licence
   99.     Minimum standards for animal food vans

           Division 12 - Meat retail premises

   100.    Additional requirements for applications for meat retail premises class licences
   101.    Minimum standards for meat retail premises
   102.    Operational standards for meat retail premises

           Division 13 - Requirements relating to branding and inspection of abattoir meat

   103.    Removal of meat from abattoir
   104.    Prescribed brands for abattoir meat
   105.    Marking of carcases
   106.    Positions and manner in which brands are to applied
   107.    Unauthorised removal of meat from chiller prohibited
   108.    Identification systems for lamb and hogget meat
   109.    Production of processed meat

           Division 14 - Requirements relating to branding and inspection of game meat

   110.    Removal of meat from game meat processing plant
   111.    Prescribed brands for game meat
   112.    Marking of carcases
   113.    Positions and manner in which brands are to applied
   114.    Production of processed game meat

           Division 15 - Requirements for branding and inspection of meat for use as animal food

   115.    Marking of carcases as fit for animal food
   116.    Exception in case of heat-sterilised meat
   117.    Production of animal food

           Division 16 - Sale and storage of meat

   118.    Sale of meat for human consumption
   119.    Sale of meat for use as animal food
   120.    Storage of meat

           Division 17 - Issue and use of brands for meat

   121.    Application for and issue of brands
   122.    Storage of brands
   123.    Lost, stolen or damaged brands
   124.    Resemblances of prescribed brands
   125.    Unauthorised branding of meat

           Division 18 - Meat safety officers

   126.    Appointment of meat safety officers for abattoirs
   127.    Duty of meat safety officer to report contraventions of Regulation
   128.    Revocation of approval of appointment of meat safety officer

           Division 19 - Miscellaneous

   129.    Establishment of Meat Industry Consultative Council
   130.    Functions of Council
   131.    (Repealed)
   132.    Licence fees for licences in respect of meat businesses

   PART 6 - PLANT PRODUCTS FOOD SAFETY SCHEME

           Division 1 - Preliminary

   133.    Definitions
   134.    Plant products food safety scheme
   135.    Application of Part to fresh cut fruit and vegetable, seed sprouts and juices
   136.    Meaning of “plant products business”

           Division 2 - Additional licence requirements

   137.    Plant products business to be licensed to carry out activities

           Division 3 - Sampling and analyses

   138.    Plant products business to undertake analyses of plant products
   139.    Reports of analyses
   140.    Charges for analyses

           Division 4 - Miscellaneous

   141.    New South Wales Plant Products Industry Committee
   142.    (Repealed)

   PART 7 - SEAFOOD SAFETY SCHEME

           Division 1 - Preliminary

   143.    Definitions
   144.    Seafood safety scheme
   145.    Certain vessels excluded from Part
   146.    Meaning of “seafood”
   147.    Meaning of “seafood business”

           Division 2 - Handling of seafood

   148.    Temperature at which certain seafood to be kept

           Division 3 - Additional licence requirements

   149.    Application requirements
   150.    Suspension or cancellation of licence
   151.    Additional conditions of licence

           Division 4 - Sampling and analyses

   152.    Seafood businesses to undertake analyses of seafood
   153.    Reports of analyses

           Division 5 - New South Wales Shellfish Program

   154.    Establishment of New South Wales Shellfish Program
   155.    Appointment of NSW Shellfish Committee
   156.    Responsibilities of NSW Shellfish Committee
   157.    Appointment of local shellfish committees
   158.    Responsibilities of local shellfish committees
   159.    Provisions relating to members and procedure of committees
   160.    Funding of committees

           Division 6 - Annual general licence fees

   161.    Payment of annual general licence fee

           Division 7 - Licence fees and levies for State shellfish program

   162.    Payment of licence fees for shellfish harvesting or operation of depuration plant
   163.    Shellfish area service levy
   164.    Purposes for which licence fee or levy to be applied

           Division 8 - Local shellfish program levy

   165.    Payment of annual local shellfish program levy
   166.    Calculation of annual local shellfish program levy

           Division 9 - Miscellaneous

   167.    New South Wales Seafood Industry Conference
   168.    Industry consultation on shellfish
   169.    (Repealed)

   PART 8 - VULNERABLE PERSONS FOOD SAFETY SCHEME

           Division 1 - Preliminary

   170.    Definitions
   171.    Vulnerable persons food safety scheme
   172.    Meaning of “vulnerable persons food business”

           Division 2 - Sampling and analyses

   173.    Vulnerable persons food business to undertake analyses of food
   174.    Reports of analyses

           Division 3 - Miscellaneous

   175.    New South Wales Vulnerable Persons Food Safety Scheme Consultative Committee
   176.    (Repealed)

   PART 9 - ADMINISTRATION

   177.    Enforcement agencies
   178.    Delegations

   PART 10 - MISCELLANEOUS

   179.    Payment for samples
   180.    Fee for application for approval as analyst
   181.    Improvement notice fee
   182.    Charges for inspections of non-licensed food business
   183.    Annual administration charge
   183A.   Payment of penalties and fines into Food Authority Fund-determination of the maximum amount
   183B.   Fee for application for change to register
   184.    Offences
   185.    Penalty notices
   186.    Savings and transitional provisions
           SCHEDULE 1A
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