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FOOD REGULATION 2015

- Made under the Food Act 2003 - As at 29 November 2023 - Reg 622 of 2015

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Regulation
  • 2 Commencement
  • 3 Definitions

PART 2 - MISCELLANEOUS

  • 4 Enforcement agencies
  • 5 AUS-MEAT manual
  • 6 Food safety auditor reports
  • 7 Delegations
  • 8 Offences
  • 9 Penalty notice offences and penalties
  • 10 Repeal and savings

PART 3 - FEES AND CHARGES

  • 11 Improvement notice fee
  • 12 Payment for sample
  • 13 Fee for food safety auditor application
  • 14 Charges for inspections of non-licensed food business
  • 15 Annual administration charge
  • 16 Payment of penalties and fines into Food Authority Fund--determination of maximum amount
  • 17 Fee for application for change to register

PART 4 - FOOD SAFETY SUPERVISORS

Division 1 - Interpretation

  • 18 Definitions

Division 2 - Food safety supervisor certificates

  • 19 Food Authority may also issue food safety supervisor certificates
  • 20 Qualifications for issue of food safety supervisor certificate
  • 21 Form of food safety supervisor certificate
  • 22 Charges for issue of food safety supervisor certificates

Division 3 - Approval of registered training organisations to issue food safety supervisor certificates

  • 23 Approval of registered training organisations to issue food safety supervisor certificates
  • 24 Condition of approval
  • 25 Training qualifications
  • 26 Duration of approval
  • 27 Variation, suspension and cancellation of approvals

Division 4 - Miscellaneous

  • 28 Definition of "prepackaged food"
  • 29 Exemptions from Division 3 of Part 8 of the Act

PART 5 - REQUIREMENTS FOR DISPLAY OF NUTRITIONAL INFORMATION

  • 30 Definitions
  • 31 Definition of "prepackaged food"
  • 32 Standard food outlets required to display nutritional information
  • 33 Kinds of nutritional information required to be displayed
  • 34 Kind of nutritional information voluntarily displayed that must comply with requirements
  • 35 Locations for display of nutritional information
  • 36 Manner of displaying nutritional information
  • 37 Exemptions

PART 6 - PROVISIONS RELATING TO FOOD STANDARDS CODE

  • 38 Modification of Food Standards Code
  • 39 Notifications of food handling operations

PART 7 - FOOD SAFETY SCHEMES--GENERAL PROVISIONS

Division 1 - Interpretation

  • 40 Definitions

Division 2 - Licensing of food businesses

  • 41 Food business to be licensed
  • 42 Application for licence
  • 43 Issue of licences
  • 44 Duration of licence
  • 45 Additional conditions of licence
  • 46 Variation of terms and conditions of licence
  • 47 Suspension or cancellation of licence
  • 48 Licence not transferable
  • 49 Renewal of licence
  • 50 Calculation and notification of licence fees and levies
  • 51 Applicants to present vehicles for inspection
  • 52 Vehicle labels
  • 53 Display of licence

Division 3 - Food safety programs

  • 54 Content of food safety program

Division 4 - Inspections and audits

  • 55 Inspections and audits of food businesses
  • 56 Approval for a food business to retain food safety auditor
  • 57 Charges for inspections and audits

Division 5 - Review of decisions of Food Authority

  • 58 Administrative review of decisions by Civil and Administrative Tribunal

PART 8 - DAIRY FOOD SAFETY SCHEME

Division 1 - Preliminary

  • 59 Definitions
  • 60 Dairy food safety scheme
  • 61 Application of dairy food safety scheme to retail premises and food not intended for sale
  • 62 Meaning of "dairy business"
  • 63 Application of Food Standards Code to primary production of dairy products
  • 64 Modification of the Food Standards Code

Division 2 - Requirements in relation to dairy products

  • 65 Processing of dairy products
  • 66 Milk for manufacture
  • 67 Pasteuriser requirements
  • 68 Milk to comply with certain requirements of Food Standards Code
  • 68A Sale, delivery and supply of raw milk products by any person

Division 3 - Sampling, analysis and records

  • 69 Sampling and testing of milk by certain dairy businesses
  • 70 Certain dairy businesses to undertake analyses of certain dairy products
  • 71 Reports of analyses
  • 72 Records to be kept by certain dairy businesses
  • 73 Records to be kept by dairy produce stores

Division 4 - Miscellaneous

  • 74 Establishment of Dairy Industry Consultative Committee
  • 75 Licence fees for licences in respect of dairy businesses

PART 9 - MEAT FOOD SAFETY SCHEME

Division 1 - Preliminary

  • 76 Definitions
  • 77 Meat food safety scheme
  • 78 Application of meat food safety scheme to certain vehicles and food not intended for sale
  • 79 Meaning of "meat business"
  • 80 Application of Food Standards Code to primary production of poultry
  • 81 Modification of Food Standards Code
  • 82 Slaughtering of certain animals and processing of certain meat for human consumption prohibited

Division 2 - Standards for operation of meat businesses

  • 83 Standards for abattoirs
  • 84 Standards for meat processing plants
  • 85 Standards for game meat field depots
  • 86 Standards for game meat primary processing plants
  • 87 Standards for meat vans
  • 88 Standards for game meat field harvesting vans
  • 89 Standards for knackeries
  • 90 Standards for rendering plants
  • 91 Standards for animal food processing plants
  • 92 Standards for animal food field depots
  • 93 Standards for animal food vans
  • 94 Standards for animal food field harvesting vans
  • 95 Standards for meat retail premises

Division 3 - Requirements relating to branding and inspection of abattoir meat

  • 96 Prescribed brands for abattoir meat
  • 97 Removal of meat from abattoir
  • 98 Marking of carcases
  • 99 Positions and manner in which brands are to be applied
  • 100 Identification systems for lamb and hogget meat

Division 4 - Requirements relating to branding and inspection of game meat

  • 101 Prescribed brands for game meat
  • 102 Removal of meat from game meat primary processing plant
  • 103 Marking of carcases
  • 104 Positions and manner in which brands are to be applied

Division 5 - Sale and storage of meat

  • 105 Sale of meat for human consumption
  • 106 Sale of meat for use as animal food
  • 107 Storage of meat

Division 6 - Issue and use of brands for meat

  • 108 Application for and issue of brands
  • 109 Storage of brands
  • 110 Lost, stolen or damaged brands
  • 111 Resemblances to prescribed brands
  • 112 Unauthorised branding of meat

Division 7 - Meat safety inspectors

  • 113 Appointment of meat safety inspectors for abattoirs and game meat primary processing plants
  • 114 Duty of meat safety inspector to report contraventions of Regulation
  • 115 Revocation of approval of appointment of meat safety inspector

Division 8 - Sampling and analyses

  • 116 Meat businesses to undertake analyses of certain meats, meat products, animal by-products and water
  • 117 Reports of analyses

Division 9 - Miscellaneous

  • 118 Establishment of Meat Industry Consultative Council
  • 119 Licence fees for licences in respect of meat businesses

PART 10 - PLANT PRODUCTS FOOD SAFETY SCHEME

Division 1 - Preliminary

  • 120 Definitions
  • 121 Plant products food safety scheme
  • 122 Application of plant products food safety scheme to retail premises and food not intended for sale
  • 123 Application of plant products food safety scheme to fresh cut fruit and vegetables, seed sprouts and juices
  • 124 Meaning of "plant products business"

Division 2 - Sampling and analyses

  • 125 Plant products business to undertake analyses of plant products
  • 126 Reports of analyses

Division 3 - Miscellaneous

  • 127 Industry consultation
  • 128 Licence fees for licences in respect of plant products businesses

PART 11 - SEAFOOD SAFETY SCHEME

Division 1 - Preliminary

  • 129 Definitions
  • 130 Seafood safety scheme
  • 131 Application of seafood safety scheme to retail premises and food not intended for sale
  • 132 Certain vessels excluded from Part
  • 133 Meaning of "seafood"
  • 134 Meaning of "seafood business"
  • 135 Application of Food Standards Code to primary production of seafood
  • 136 Modification of Food Standards Code

Division 2 - Additional licence requirements

  • 137 Application requirements
  • 138 Suspension or cancellation of licence

Division 3 - Sampling, analyses and records

  • 139 Seafood businesses to undertake analyses of seafood
  • 140 Reports of analyses
  • 141 Records to be kept
  • 142 Labelling of shellfish
  • 143 Depuration of shellfish

Division 4 - New South Wales Shellfish Program

  • 144 Establishment of New South Wales Shellfish Program
  • 145 Establishment of NSW Shellfish Committee
  • 146 Responsibilities of NSW Shellfish Committee
  • 147 Appointment of local shellfish committees
  • 148 Responsibilities of local shellfish committees
  • 149 Provisions relating to members and procedure of committee
  • 150 Funding of committees

Division 5 - Annual general licence fees

  • 151 Annual general licence fees for seafood businesses

Division 6 - Licence fees and levies for State shellfish program

  • 152 Payment of licence fees for shellfish harvesting, cultivating of shellfish, cultivating of spat or operation of depuration plant
  • 153 Shellfish area service levy
  • 154 Purposes for which licence fee or levy to be applied

Division 7 - Local shellfish program levy

  • 155 Payment of annual local shellfish program levy
  • 156 Calculation of annual local shellfish program levy

Division 8 - Miscellaneous

  • 157 Establishment of New South Wales Seafood Industry Forum

PART 12 - VULNERABLE PERSONS FOOD SAFETY SCHEME

Division 1 - Preliminary

  • 158 Vulnerable persons food safety scheme
  • 159 Meaning of "vulnerable persons food business"
  • 160 Modification of Food Standards Code

Division 2 - Sampling and analyses

  • 161 Vulnerable persons food business to undertake analyses of food
  • 162 Reports of analyses

Division 3 - Miscellaneous

  • 163 Establishment of New South Wales Vulnerable Persons Food Safety Scheme Consultative Committee
  • 164 Licence fees for licences in respect of vulnerable persons food businesses

PART 13 - EGG FOOD SAFETY SCHEME

Division 1 - Preliminary

Division 2 - Requirements relating to production, handling and sale of eggs, egg products and blended egg product mixtures

Division 3 - Sampling and analyses

Division 4 - Miscellaneous

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