South Australian Consolidated Acts

FOOD ACT 2001 - SECT 7

7—Meaning of primary food production

        (1)         In this Act—

"primary food production" means the growing, raising, cultivation, picking, harvesting, collection or catching of food, and includes the following:

            (a)         the transportation or delivery of food on, from or between the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught;

            (b)         the packing, treating (for example, washing) or storing of food on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught, or on premises that are associated with the premises on which the food was grown, raised, cultivated, picked, harvested, collected or caught;

            (c)         the storage of food in a silo that is not connected with a food processing operation and the transportation or delivery of food from, between or to such silos;

            (d)         the sale of livestock at saleyards and the transportation of livestock to and from saleyards;

            (e)         any other food production activity that is regulated by or under an Act prescribed by the regulations for the purposes of this subsection.

        (2)         However, "primary food production" does not include—

            (a)         any process involving the substantial transformation of food (for example, manufacturing or canning), regardless of whether the process is carried out on the premises on which the food was grown, raised, cultivated, picked, harvested, collected or caught; or

            (b)         the packing or treating of food on premises that are associated with the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught if carried out by a person who has purchased the food, or who is carrying out the packing or treating under contract (not being a contract of employment); or

            (c)         the sale or service of food directly to the public; or

            (d)         any other food production activity that is prescribed by the regulations for the purposes of this subsection.

        (3)         For the purposes of this section, premises are associated with each other if they form part of a single enterprise.

Note—

Section 7(2)(d) enables regulations to be made prescribing food production activities that are not included in the definition of primary food production. Such a regulation might be made, for example, to prescribe a food production activity in relation to which significant and unmanaged food safety hazards have been identified.