Victorian Consolidated Legislation

Food Act 1984 - SECT 4C

Meaning of primary food production

4C. 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;



   (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,
        cultivated, picked, harvested, collected or caught; or

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

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

Note Section 4C(2)(c) 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.