Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010

Version: 1.7.2018 [9.7.2018] This version is not published under the Legislation Revision and Publication Act 2002 1 South Australia Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010 under the Primary Produce (Food Safety Schemes) Act 2004 Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Seed sprouts 4 Seed sprouts food safety scheme 5 Obligation to be accredited 6 Requirements for accreditation 7 Compliance with Standard 4.2.6 of Food Standards Code 8 Approved food safety arrangements 9 Auditing approved food safety arrangements 10 Annual fees and returns 11 Fee payable before grant of accreditation 12 Fees generally Schedule 1—Fees Legislative history Part 1—Preliminary 1—Short title These regulations may be cited as the Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010. 3—Interpretation In these regulations, unless the contrary intention appears— accredited producer means a person accredited under these regulations to carry on a seed sprouts production business; Act means the Primary Produce (Food Safety Schemes) Act 2004; Food Standards Code has the same meaning as in the Food Act 2001; seed sprouts production means the production of seed sprouts intended for consumption by humans; Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010—1.7.2018 Part 1—Preliminary 2 This version is not published under the Legislation Revision and Publication Act 2002 [9.7.2018] seed sprouts means young seedlings grown from— (a) alfalfa, broccoli, clover, onion, radish or sunflower seeds or other seeds; (b) mung beans or other beans; (c) snow peas or other peas. Part 2—Seed sprouts 4—Seed sprouts food safety scheme (1) This Part establishes a food safety scheme for carrying on the business of seed sprouts production. (2) The Minister is the accreditation body for the seed sprouts food safety scheme. 5—Obligation to be accredited For the purposes of section 12 of the Act, a person must not carry on the business of seed sprouts production without an accreditation. 6—Requirements for accreditation For the purposes of section 15(1)(c) of the Act, an applicant for accreditation must satisfy the Minister that the applicant has the capacity, or has made or proposes to make appropriate arrangements, to satisfy the requirements of the Act and these regulations applicable to the activities to be accredited. 7—Compliance with Standard 4.2.6 of Food Standards Code An accredited producer must ensure that the activities under the accreditation are carried on in compliance with Standard 4.2.6 of the Food Standards Code (despite the fact that the Standard excludes food businesses that fall under the definition of primary food production from compliance with that Standard). Maximum penalty: $5 000. Expiation fee: $315. 8—Approved food safety arrangements An accredited producer must have a food safety arrangement approved by the Minister. 9—Auditing approved food safety arrangements (1) An accredited producer must allow an approved auditor to perform, without notice to the producer— (a) the number of periodic audits of the producer's compliance with the producer's approved food safety arrangement required by the terms of that arrangement; and (b) if an audit shows a failure to comply with the food safety arrangement—such additional audits as the Minister considers appropriate. (2) An accredited producer must pay all of the costs associated with the audits. 1.7.2018—Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010 Seed sprouts—Part 2 [9.7.2018] This version is not published under the Legislation Revision and Publication Act 2002 3 10—Annual fees and returns (1) For the purposes of section 17 of the Act, for each year, an accredited producer must, not later than the day and month specified by the Minister by notice in writing to the accredited producer— (a) pay to the Minister the annual fee fixed by Schedule 1; and (b) lodge with the Minister a return that conforms to the requirements of the Minister about its form, contents and the manner in which it is made. (2) The penalty for default in payment of an annual fee or lodging an annual return is as set out in Schedule 1. 11—Fee payable before grant of accreditation Before a person is granted accreditation, the person must pay a fee of an amount calculated by multiplying— (a) the annual fee that would have been payable by or on behalf of the person had the person been an accredited producer at the last date for payment of the annual fee; and (b) the proportion that the number of whole months between the grant of accreditation and the next date for payment of the annual fee bears to 12 months. 12—Fees generally (1) Further fees are payable as set out in Schedule 1. (2) The Minister may waive or reduce a fee payable under these regulations if the Minister considers that appropriate in the circumstances. Schedule 1—Fees 1 Application for accreditation $368 2 Application for approval of a food safety arrangement other than in conjunction with an application for accreditation $324 3 Application for variation of an approved food safety arrangement $324 4 Annual fee $324 5 Penalty for default in payment of an annual fee or lodging of annual return $123 Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010—1.7.2018 Legislative history 4 This version is not published under the Legislation Revision and Publication Act 2002 [9.7.2018] Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2010 31 Gazette 13.5.2010 p1832 1.7.2010: r 2 2011 95 Gazette 9.6.2011 p2146 1.7.2011: r 2 2012 53 Gazette 31.5.2012 p2238 1.7.2012: r 2 2013 57 Gazette 6.6.2013 p2121 1.7.2013: r 2 2013 170 Gazette 27.6.2013 p2794 12.7.2013: r 2 2014 148 Gazette 19.6.2014 p2686 1.7.2014: r 2 2015 107 Gazette 18.6.2015 p2677 1.7.2015: r 2 2016 79 Gazette 23.6.2016 p2204 1.7.2016: r 2 2017 110 Gazette 22.6.2017 p2282 1.7.2017: r 2 2018 100 Gazette 21.6.2018 p2252 1.7.2018: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1 r 2 omitted under Legislation Revision and Publication Act 2002 1.7.2011 r 7 varied by 170/2013 r 4(1)—(3) 12.7.2013 Sch 1 substituted by 95/2011 r 4 1.7.2011 substituted by 53/2012 r 4 1.7.2012 substituted by 57/2013 r 4 1.7.2013 substituted by 148/2014 r 4 1.7.2014 substituted by 107/2015 r 4 1.7.2015 substituted by 79/2016 r 4 1.7.2016 substituted by 110/2017 r 4 1.7.2017 substituted by 100/2018 r 4 1.7.2018 1.7.2018—Primary Produce (Food Safety Schemes) (Plant Products) Regulations 2010 Legislative history [9.7.2018] This version is not published under the Legislation Revision and Publication Act 2002 5 Historical versions 1.7.2011 1.7.2012 1.7.2013 12.7.2013 1.7.2014 1.7.2015 1.7.2016 1.7.2017