New South Wales Consolidated Regulations

FOOD REGULATION 2004 - REG 26

26 Milk and cream must be pasteurised

(1) A person must not supply milk or cream for human consumption unless:

(a) the milk or cream has been pasteurised by one of the processes specified in Standard 4.2.4 (Primary production and processing standard for dairy products) of the Food Standards Code, and

(b) in the case of cow’s milk or cream-the milk or cream does not exhibit a phosphatase activity equivalent to that required to give a reading in excess of 10 µg/mL of p-nitrophenol when tested immediately after pasteurisation by the current standard method in AS 2300, Methods of chemical and physical testing for the dairying industry .

(2) This clause does not apply:

(a) to a dairy farmer in respect of the supply of milk or cream by the dairy farmer to a dairy produce factory, or

(b) to a dairy produce factory in respect of the supply of milk or cream by the dairy produce factory to another dairy produce factory, or

(c) to goat’s milk, but only if:

(i) the milk has been produced in compliance with a food safety program, and

(ii) in the case of milk that is unpasteurised-the milk bears a label that includes an advisory statement in accordance with clause 2 of Standard 1.2.3 of the Food Standards Code, or

(d) to the supply of milk or cream by a dairy farmer, or dairy produce merchant, who is the holder of a licence to Dairy Farmers Milk Co-operative Limited (ARBN 108 690 384), or

(e) to the supply of milk or cream by Dairy Farmers Milk Co-operative Limited if the conditions set out in subclause (3) are complied with in relation to that supply.

(3) For the purposes of subclause (2) (e), the following conditions must be complied with:

(a) Dairy Farmers Milk Co-operative Limited must obtain the milk or cream from a dairy farmer, or dairy produce merchant, who is the holder of a licence,

(b) Dairy Farmers Milk Co-operative Limited must supply the milk or cream to a licensed dairy produce factory,

(c) Dairy Farmers Milk Co-operative Limited must not deal with, or handle, the milk or cream except by obtaining it or supplying it in accordance with paragraphs (a) and (b) or disposing of it in a manner that will ensure that it cannot be used for the purposes of human consumption.