New South Wales Repealed Acts

This legislation has been repealed.

FOOD PRODUCTION (SAFETY) ACT 1998 - SECT 19

19 Regulations relating to establishment of food safety schemes

(1) The regulations may make provision for or with respect to prescribing food safety schemes in relation to a type or a class or description of primary produce or seafood.

(2) In particular, the regulations prescribing a food safety scheme may make provision for or with respect to the following:

(a) regulating the handling of primary produce or seafood,

(b) prohibiting activities in relation to the handling of primary produce or seafood,

(c) without limiting the generality of paragraphs (a) and (b), regulating the temperatures at which primary produce or seafood must be kept,

(d) the classification, marking or other identification of primary produce or seafood,

(e) requiring the licensing of activities in relation to the handling of primary produce or seafood,

(f) requiring the licensing of any person, business, premises, vehicle or equipment in relation to the handling of primary produce or seafood,

(g) the imposition of conditions on a licence,

(h) the suspension or cancellation of licences,

(i) appeals from, or reviews of, decisions of Safe Food made in relation to a licence or an application for the granting of a licence,

(j) requiring the preparation, implementation, maintenance and monitoring of programs to ensure that the provisions of the food safety scheme are complied with,

(k) the certification and auditing of programs referred to in paragraph (j),

(l) establishing committees or other bodies with specified functions relating to the monitoring of the food safety scheme at a local level and the making of recommendations on the operation of the food safety scheme at that local level,

(m) providing for the funding of those committees or bodies by Safe Food and the accounting by those committees or bodies of any money received from Safe Food,

(n) the assessment of risks associated with the handling of different types of primary produce and seafood as part of the same business operation,

(o) requiring the preparation of plans in the event of the need for a recall of any primary produce or seafood,

(p) requiring persons involved in the handling of primary produce or seafood to possess specified qualifications, skills, knowledge or expertise,

(q) designating the persons who are to be responsible for compliance with the obligations imposed by the regulations,

(r) requiring the giving of information, returns or notices to Safe Food,

(ra) requiring the collection of licence fees and charges on behalf of Safe Food and the remission of any such fees or charges to Safe Food,

(rb) the deduction of licence fees and other charges owed to Safe Food from amounts otherwise payable to the person liable for the fees or charges,

(rc) the liability of persons with respect to amounts for licence fees or other charges collected on behalf of Safe Food,

(s) authorising the imposition of a levy under section 57 and providing for the amount of the levy or the basis on which it is to be calculated and for its recovery,

(t) establishing a method of consultation with the relevant industry or sector of industry for the purposes of the ongoing review of the operation of the food safety scheme,

(u) establishing a consultative body for the purposes of paragraph (p) and providing for its membership and procedure (including providing, where appropriate, for consumer representation on that body),

(v) enabling Safe Food to undertake functions relating to the education and training of persons in safe food practices in respect of the type of primary produce or seafood to which the food safety scheme relates.

(2A) Without limiting subsection (2) (g), the regulations may permit Safe Food to impose conditions of the following kinds on licences issued under a food safety scheme:

(a) a condition prohibiting the passing on of costs related to licences, or other fees charged under this Act, to another person subject to licence or other fees under this Act,

(b) a condition requiring a person licensed under this Act to collect on behalf of Safe Food licence fees or other charges payable by another person under this Act and to remit those fees or charges to Safe Food.

(3) The regulations may provide for an application to be made to the Administrative Decisions Tribunal by a person for a review of a decision made by Safe Food in relation to a licence or an application for the granting of a licence under the regulations.

(4) A regulation establishing a food safety scheme or amending a food safety scheme may be made only with the concurrence of the Minister administering the Food Act 2003 and, if the food safety scheme relates to seafood, the Minister administering the Fisheries Management Act 1994 .

(5) A regulation referred to in subsection (3) may be made only with the concurrence of the Minister administering the Administrative Decisions Tribunal Act 1997 .

(6) A regulation establishing a food safety scheme in relation to a type or a class or description of primary produce intended for human consumption, other than meat, milk or milk products, does not take effect unless:

(a) the last day for giving notice of motion for a resolution to disallow the regulation in either House of Parliament has passed and no notice has been given in either House, or

(b) if notice of motion for a resolution to disallow the regulation has been given in either House of Parliament, the notice has lapsed or has been withdrawn or the motion has lapsed, been withdrawn or been defeated.

(7) If the circumstances described in subsection (6) (a) or (b) apply to a regulation referred to in that subsection, the day on which the regulation takes effect is:

(a) the day after the day referred to in subsection (6) (a) or the day after the lapsing, withdrawal or defeat referred to in subsection (6) (b), as the case requires, or

(b) if a later day is specified in the regulation for that purpose, on the later day so specified.

(8) Sections 39 (1) (b) and (2A) and 41 (2), (4), (5) and (7) of the Interpretation Act 1987 do not apply to a regulation referred to in subsection (6).

(9) In subsection (6):

(a) "milk" means milk from any animal, and

(b) "milk product" means any product in the production of which such milk is used or any substance produced from such milk is used.