PRIMARY PRODUCE (FOOD SAFETY SCHEMES) ACT 2004 - SECT 11
PRIMARY PRODUCE (FOOD SAFETY SCHEMES) ACT 2004 - SECT 11
(1) The Governor may
make regulations establishing a food safety scheme for a class of activities
involved in the production of primary produce.
(2) The regulations
relating to a food safety scheme for a class of activities may do one or more
of the following:
(a)
define the class of activities to which the scheme applies;
(b)
require producers of primary produce who engage in the class of activities to
be accredited;
(c)
designate the Minister as the accreditation body or establish a body corporate
as the accreditation body for accrediting producers of primary produce who
engage in the class of activities;
(d) if a
body corporate is established as the accreditation body, make provision
relating to the body corporate, including provision for the membership of the
accreditation body, conditions of membership, procedural matters, functions
and powers, delegation, financial accounting and auditing and reporting to the
Minister;
(e) make
provision for any other matters relating to accreditation of producers who
engage in the class of activities;
(f) make
provision relating to the adoption of food safety arrangements by producers
who engage in the class of activities and approval of such arrangements by the
accreditation body, or if there is no accreditation body, the Minister;
(g) make
provision relating to the safety and suitability of primary produce produced
by producers who engage in the class of activities;
(h) make
provision for the issuing of directions (for example, restrictions on
activities or the movement of primary produce) by the accreditation body, or
if there is no accreditation body, the Minister as required to deal with
situations in which there is serious risk to the safety of primary produce;
(i)
make provision for monitoring and record keeping by
producers who engage in the class of activities;
(j) make
provision for reporting or notification by producers who engage in the class
of activities to the accreditation body or, if there is no accreditation body,
the Minister;
(k) make
provision relating to compliance and enforcement in respect of the food safety
scheme.
(3) Regulations
establishing a food safety scheme relating to meat may, in addition, do one or
more of the following:
(a)
require and regulate the marking of—
(i)
animals intended to be killed for meat; or
(ii)
meat; or
(iii)
anything used in connection with such animals or meat;
(b)
require meat sold for human consumption or consumption by pets to have been
produced by accredited producers or other specified producers;
(c)
provide, for the purposes of proceedings for an offence against this Act, that
allegations of the following matters will be accepted as proved in the absence
of proof to the contrary:
(i)
that specified matter was meat;
(ii)
that specified meat was intended for human consumption;
(iii)
that specified meat was intended for consumption by pets;
(iv)
that the sale of specified meat was intended for human
consumption;
(v)
that the sale of specified meat was intended for
consumption by pets;
(d)
establish, for the purposes of proceedings for an offence against this Act,
the circumstances in which a person is presumed to have offered, exposed or
stored meat for sale.
(4) Before regulations
are made establishing, varying or revoking a food safety scheme for a class of
activities, the Minister must—
(a)
refer the question of the establishment, variation or revocation of the scheme
to an advisory committee established for that class of activities; and
(b)
consider any report presented to the Minister by the advisory committee within
the period allowed by the Minister; and
(c)
engage in consultation with relevant industry bodies,
but the validity of any such regulations may not be called into question on
the ground of any alleged failure to comply with this subsection.
(5) Any body corporate
established by regulation will be an agency of the Crown and hold its property
on behalf of the Crown.