Meat Industry Regulations, 2005

Authorised by the Chief Parliamentary Counsel i Authorised Version No. 005 Meat Industry Regulations 2005 S.R. No. 49/2005 Authorised Version incorporating amendments as at 14 February 2014 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 1 5 Definitions 1 6 Prescribed consumable animals 2 PART 2—CLOSURE OF PREMISES 3 7 Inspector to order temporary stop of processing or sale of meat 3 PART 3—SPECIFIC REQUIREMENTS FOR GENERAL MEAT PROCESSING FACILITIES 4 8 Application 4 10 Ban on slaughter and sale of horse and donkey meat for human consumption 4 11 Branding and re-inspection of meat 4 12 All carcasses and meat to carry brands 5 13 Description of brands 5 14 Whole carcasses—application of brands 6 15 Less than whole carcass—application of brands 7 16 Specification of brands 7 PART 4—SPECIFIC REQUIREMENTS FOR PET FOOD PROCESSING FACILITIES 8 18 Labelling of pet food for sale 8 PART 5—MEAT TRANSPORT VEHICLES 10 19 Application and exemptions 10 20 Application for the issue or renewal of a licence 10 21 Inspection of meat transport vehicle 11 Authorised by the Chief Parliamentary Counsel Regulation Page ii 22 Issuing and renewal of licences 11 23 Display of label 12 24 Change in ownership or management of meat transport vehicle 12 25 Responsibilities of owner of licensed meat transport vehicle 12 26 Suspension or revocation of licence 13 27 Removal of label 14 SCHEDULE—Regulations Revoked 15 ═══════════════ ENDNOTES 16 1. General Information 16 2. Table of Amendments 17 3. Explanatory Details 18 Authorised by the Chief Parliamentary Counsel 1 Authorised Version No. 005 Meat Industry Regulations 2005 S.R. No. 49/2005 Authorised Version incorporating amendments as at 14 February 2014 PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are to— (a) provide standards, procedures and other requirements for the production of meat for human consumption and for pet food; and (b) provide for the licensing of meat transport vehicles. 2 Authorising provision These Regulations are made under section 78 of the Meat Industry Act 1993. 3 Commencement These Regulations come into operation on 16 June 2005. 4 Revocation The Regulations listed in Schedule 1 are revoked. 5 Definitions In these Regulations— the Act means the Meat Industry Act 1993; * * * * * Reg. 5 def. of AS 4465:2001 revoked by S.R. No. 2/2014 reg. 5(a). Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Meat Industry Regulations 2005 S.R. No. 49/2005 2 AS 4696:2007 means AS 4696:2007 known as the Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption, as made from time to time; chief executive officer means the chief executive officer of the Authority; * * * * * meat product means a product containing meat and which is intended for human consumption; pet food means meat or a product containing meat intended for food for a pet. 6 Prescribed consumable animals For the purposes of paragraph (d) of the definition of consumable animal in section 3(1) of the Act, the following animals are prescribed to be consumable animals— (a) emu; (b) camel; (c) buffalo; (d) rabbit, if not living in a wild state. Reg. 5 def. of AS 4696:2002 substituted as AS 4696:2007 by S.R. No. 2/2014 reg. 5(b). Reg. 5 def. of goat revoked by S.R. No. 2/2014 reg. 5(c). r. 6 Authorised by the Chief Parliamentary Counsel Part 2—Closure of Premises Meat Industry Regulations 2005 S.R. No. 49/2005 3 PART 2—CLOSURE OF PREMISES 7 Inspector to order temporary stop of processing or sale of meat If an inspector considers that there is a potential danger to public health owing to uncleanliness or to the presence of infection on or about premises where the processing or sale of meat is carried on, he or she may require the operator of the meat processing facility to do all or any of the following— (a) take action to correct the method of processing meat on the premises or any part of the premises; (b) stop the processing or sale of meat on the premises or any part of the premises; (c) clean, disinfect or decontaminate the premises. r. 7 Authorised by the Chief Parliamentary Counsel Part 3—Specific Requirements for General Meat Processing Facilities Meat Industry Regulations 2005 S.R. No. 49/2005 4 PART 3—SPECIFIC REQUIREMENTS FOR GENERAL MEAT PROCESSING FACILITIES 8 Application This Part does not apply to the processing of meat that is not intended for human consumption. * * * * * 10 Ban on slaughter and sale of horse and donkey meat for human consumption (1) For the purposes of section 35(7) of the Act, the following consumable animals are prescribed— (a) horse; (b) donkey. (2) A person must not sell for human consumption meat from a horse or a donkey. Penalty: 10 penalty units. 11 Branding and re-inspection of meat (1) Each brand applied to a carcass intended for human consumption must be applied so that it is fully legible and remains so during the times it would be normally necessary for the origin of the carcass or meat to be ascertained. (2) If a brand applied in accordance with this regulation is illegible, an inspector may require it to be removed and a further brand applied. (3) Despite any previous branding, an inspector may re-inspect meat or a carcass at any time, and if the inspector considers it unfit for human consumption, he or she must ensure that it is branded as unfit for human consumption. r. 8 Reg. 9 expired by force of S.R. No. 49/2005 reg. 29. Reg. 11(1) substituted by S.R. No. 2/2014 reg. 6. Authorised by the Chief Parliamentary Counsel Part 3—Specific Requirements for General Meat Processing Facilities Meat Industry Regulations 2005 S.R. No. 49/2005 5 12 All carcasses and meat to carry brands The licensee or operator of a general meat processing facility must ensure that each carcass and all meat (whether fresh, chilled, frozen, dried or preserved), when inspected and passed as fit for human consumption, is branded in a clear and legible manner by or under the direction of an inspector in accordance with this Part. Penalty: 10 penalty units. 13 Description of brands (1) The licensee or operator of a general meat processing facility must ensure that a brand applied to a goat or deer under regulation 12 consists of the letters VIC followed by the licence number of the facility and then in the case of— (a) a carcass or meat of a goat, by the letters GT; (b) a carcass or meat of a deer, by the letters VEN. (2) The brands referred to in subregulation (1) must consist of a circle within which the letters and licence number of the facility are centered within the circle. Example: * * * * * r. 12 Reg. 13(3)–(6) expired by force of S.R. No. 49/2005 reg. 29. VIC B7 VEN Authorised by the Chief Parliamentary Counsel Part 3—Specific Requirements for General Meat Processing Facilities Meat Industry Regulations 2005 S.R. No. 49/2005 6 (3) For all carcasses and meat other than those specified in subregulation (1), the brand must consist of a circle within which letters and the licence number of the facility are centred within the circle. Example 14 Whole carcasses—application of brands (1) The licensee or operator of a general meat processing facility must ensure that in the case of whole carcasses, the brand is applied— (a) in the case of beef and veal, on each side of the carcass on the buttock, the loin, the outside of the ribs and the shoulder; (b) in the case of a calf, on each side of the carcass on the shoulder and the leg; (c) in the case of an ovine animal, on each side of the carcass on the shoulder and the leg; (d) in the case of pork, on each side of the carcass on the cheek, the hand, the loin and the leg. * * * * * (3) In the case of other carcasses not specified in subregulation (1) the brand must be applied to the places the inspector specifies for easy identification. Reg. 13(7) substituted as reg. 13(3) by S.R. No. 2/2014 reg. 7. r. 14 Reg. 14(1)(a) amended by S.R. No. 2/2014 reg. 8(1). Reg. 14(1)(c) amended by S.R. No. 2/2014 reg. 8(2). Reg. 14(2) expired by force of S.R. No. 49/2005 reg. 29. Reg. 14(3) amended by S.R. No. 2/2014 reg. 8(3). Authorised by the Chief Parliamentary Counsel Part 3—Specific Requirements for General Meat Processing Facilities Meat Industry Regulations 2005 S.R. No. 49/2005 7 15 Less than whole carcass—application of brands The licensee or operator of a general meat processing facility must ensure that in the case of meat comprising less than a whole carcass the brand is applied to the places the inspector specifies for easy identification. 16 Specification of brands The licensee or operator of a general meat processing facility must ensure that— (a) the outline of the brands provided in regulation 13 is not less than 3·2 centimetres in breadth; and (b) the lettering in each brand is of uniform size and consists of block capitals not less than 0·6 centimetres in height. * * * * * * * * * * r. 15 Reg. 16(b) amended by S.R. No. 2/2014 reg. 9(a). Reg. 16(c) revoked by S.R. No. 2/2014 reg. 9(b). Reg. 17 revoked by S.R. No. 2/2014 reg. 10. Authorised by the Chief Parliamentary Counsel Part 4—Specific Requirements for Pet Food Processing Facilities Meat Industry Regulations 2005 S.R. No. 49/2005 8 PART 4—SPECIFIC REQUIREMENTS FOR PET FOOD PROCESSING FACILITIES 18 Labelling of pet food for sale (1) The licensee of a pet food processing facility must ensure that pet food packed for sale has attached to the package a label that— (a) is written in English; and (b) has printing in capital letters in colours which contrast distinctly with the background of the label; and (c) meets the requirements of subregulations (2) and (3) or alternative requirements approved by the Authority under subregulation (4). Penalty: 10 penalty units. (2) A label must have— (a) the words "PET FOOD ONLY" written in letters with a face depth of not less than 5 millimetres, unless the pet food is packed in a can; and (b) in a prominent position and clearly visible, an illustration of the whole of the body or the head of a dog or cat. (3) For pet food packed in a can, the words "PET FOOD ONLY" may be— (a) embossed on one end of the can with a face depth of not less than 5 millimetres; or (b) marked on the can in a manner approved by the Authority. r. 18 Authorised by the Chief Parliamentary Counsel Part 4—Specific Requirements for Pet Food Processing Facilities Meat Industry Regulations 2005 S.R. No. 49/2005 9 (4) On application by a licensee, the Authority may approve alternative requirements for labelling or embossing to those specified in subregulations (2) and (3) if those requirements clearly identify that the package contains pet food. r. 18 Authorised by the Chief Parliamentary Counsel Part 5—Meat Transport Vehicles Meat Industry Regulations 2005 S.R. No. 49/2005 10 PART 5—MEAT TRANSPORT VEHICLES 19 Application and exemptions For the purposes of section 42A of the Act, a meat transport vehicle is required to be licensed unless the vehicle— (a) is used only for the conveyance of carcasses or meat from retail butcher shops to retail customers; or (b) is a refrigerated taut liner vehicle used for the carriage of meat in cartons to cold stores or wharves; or (c) is used to load a shipping container at an export registered establishment; or (d) is used to transport meat in cartons to isolated and remote areas where transport by licensed meat transport vehicles is not practical because of the remoteness of the area; or (e) is from and currently licensed in another State or Territory for the carriage of meat for human consumption that is involved in the interstate transport of meat. Note This Part does not apply to a vehicle used for the transport of pet meat or pet food. 20 Application for the issue or renewal of a licence (1) The owner of a vehicle used or intended to be used as a meat transport vehicle must apply to the Authority for the licensing of the vehicle or renewal of a licence. (2) The application must be accompanied by a fee fixed by the Authority. r. 19 Authorised by the Chief Parliamentary Counsel Part 5—Meat Transport Vehicles Meat Industry Regulations 2005 S.R. No. 49/2005 11 21 Inspection of meat transport vehicle The Authority may specify a place for an applicant to take the meat transport vehicle for inspection. 22 Issuing and renewal of licences (1) If the fee under regulation 20(2) has been paid and the Authority considers that a meat transport vehicle is fit to be licensed, the Authority— (a) in the case of a new licence— (i) may issue a licence for the meat transport vehicle to the owner of the meat transport vehicle; and (ii) may assign a number prefixed by the letters "MTV" to the meat transport vehicle; and (iii) may issue a label containing the details of the licence; and (iv) must ensure details of the new licence are entered in a register; and (b) in the case of a renewal of a licence— (i) may issue a renewed licence for the meat transport vehicle to the owner of the meat transport vehicle; and (ii) may issue a label containing the details of the licence. (2) The Authority must not issue a new licence or a renewed licence unless the meat transport vehicle, if used for the conveyance of meat including poultry meat, complies with Part 25 of AS 4696:2007. r. 21 Reg. 22(2) substituted by S.R. No. 2/2014 reg. 11. Authorised by the Chief Parliamentary Counsel Part 5—Meat Transport Vehicles Meat Industry Regulations 2005 S.R. No. 49/2005 12 (3) If regulation 20(2) has not been complied with or the Authority considers that a meat transport vehicle is not fit to be licensed, the Authority must refuse the application. (4) If the Authority refuses to issue or renew a licence, it must notify the owner in writing of the reasons why the meat transport vehicle is not to be licensed. 23 Display of label On receipt of a label from the Authority, the owner of a licensed meat transport vehicle must ensure that the label is affixed to the meat transport vehicle. Penalty: 2 penalty units. 24 Change in ownership or management of meat transport vehicle During the currency of the licence if there is a change in the ownership of the licensed meat transport vehicle or the owner's address changes, the person to whom the meat transport vehicle licence was issued must notify the Authority in writing of details of the change within 7 days. Penalty: 2 penalty units. 25 Responsibilities of owner of licensed meat transport vehicle (1) The owner of a licensed meat transport vehicle used for the conveyance of meat, including poultry meat, must comply with Part 25 of AS 4696:2007. * * * * * r. 23 Reg. 25(1) substituted by S.R. No. 2/2014 reg. 12. Reg. 25(2) revoked by S.R. No. 2/2014 reg. 12. Authorised by the Chief Parliamentary Counsel Part 5—Meat Transport Vehicles Meat Industry Regulations 2005 S.R. No. 49/2005 13 (3) The owner of a licensed meat transport vehicle who wishes to have the licence renewed must on or before 15 May in each year, apply to the Authority for a renewal of the licence and pay the appropriate fee fixed by the Authority for that renewal. 26 Suspension or revocation of licence (1) The chief executive officer may suspend or revoke a licence in respect of a meat transport vehicle by notice in writing to the owner if the chief executive officer is satisfied that— (a) the meat transport vehicle used for the conveyance of meat, including poultry meat, no longer complies with Part 25 of AS 4696:2007; or (b) the meat transport vehicle is not in good order or condition; or (c) a term or condition of the licence has been breached. * * * * * (2) The owner of a meat transport vehicle in respect of which a licence is revoked must surrender the licence to the chief executive officer within 7 days after being notified of the revocation of the licence. r. 26 Reg. 26(1)(a) substituted by S.R. No. 2/2014 reg. 13. Reg. 26(1)(b) substituted by S.R. No. 2/2014 reg. 13. Reg. 26(1)(c) substituted by S.R. No. 2/2014 reg. 13. Reg. 26(1)(d) revoked by S.R. No. 2/2014 reg. 13. Authorised by the Chief Parliamentary Counsel Part 5—Meat Transport Vehicles Meat Industry Regulations 2005 S.R. No. 49/2005 14 27 Removal of label (1) The owner of a meat transport vehicle in respect of which a licence is revoked must remove the label issued under regulation 22 from the meat transport vehicle immediately upon being notified of the revocation of the licence. (2) A person must not permit— (a) letters, numbers or labels appearing to be a licence number or label to remain on a meat transport vehicle that is not for the time being licensed under these Regulations; or (b) a label issued under regulation 22 that is not applicable to the current licensing period to remain on a meat transport vehicle. Penalty: 2 penalty units. * * * * * r. 27 Pt 6 (Heading and regs 28, 29) revoked by S.R. No. 2/2014 reg. 14. Authorised by the Chief Parliamentary Counsel Meat Industry Regulations 2005 S.R. No. 49/2005 15 SCHEDULE Regulation 4 REGULATIONS REVOKED S.R. No. Title 84/1994 Meat Industry Regulations 1994 186/1994 Meat Industry (Amendment) Regulations 1994 136/1998 Meat Industry (Amendment) Regulations 1998 72/2002 Meat Industry (Amendment) Regulations 2002 18/2003 Meat Industry (Amendment) Regulations 2003 ═══════════════ Sch. Authorised by the Chief Parliamentary Counsel Meat Industry Regulations 2005 S.R. No. 49/2005 16 ENDNOTES 1. General Information The Meat Industry Regulations 2005, S.R. No. 49/2005 were made on 7 June 2005 by the Governor in Council under section 78 of the Meat Industry Act 1993, No. 40/1993 and came into operation on 16 June 2005: regulation 3. The Meat Industry Regulations 2005 will sunset 10 years after the day of making on 7 June 2015 (see section 5 of the Subordinate Legislation Act 1994). Endnotes Authorised by the Chief Parliamentary Counsel Meat Industry Regulations 2005 S.R. No. 49/2005 17 2. Table of Amendments This Version incorporates amendments made to the Meat Industry Regulations 2005 by statutory rules, subordinate instruments and Acts. Where a provision has expired, the provision has been omitted and an explanatory sidenote included. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Meat Industry Amendment Regulations 2014, S.R. No. 2/2014 Date of Making: 11.2.14 Date of Commencement: 14.2.14: reg. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Endnotes Authorised by the Chief Parliamentary Counsel Meat Industry Regulations 2005 S.R. No. 49/2005 18 3. Explanatory Details Table of Applied, Adopted or Incorporated Matter The following table of applied, adopted or incorporated matter was included in S.R. No. 49/2005 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulations 22(2)(a), 25(1) and 26(1)(a) AS 4696:2002 known as the Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption, approved by the Standing Committee on Agriculture and Resource Management of the Agriculture and Resource Management Council of Australia and New Zealand as made from time to time. Parts 1 and 8 and Schedule 1 Regulations 22(2)(b), 25(2) and 26(1)(b) AS 4696:2002 known as the Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption, approved by the Standing Committee on Agriculture and Resource Management of the Agriculture and Resource Management Council of Australia and New Zealand as made from time to time. Parts 1 and 8 (excluding clause 24.3) and Schedule 1 Endnotes Authorised by the Chief Parliamentary Counsel Meat Industry Regulations 2005 S.R. No. 49/2005 19 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulations 22(2)(b), 25(2) and 26(1)(b) AS 4465:2001 known as the Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (Second Edition) approved by the Standing Committee on Agriculture and Resource Management of the Agriculture and Resource Management Council of Australia and New Zealand as made from time to time. Clause 15.127 —— Table of Applied, Adopted or Incorporated Matter The following table of applied, adopted or incorporated matter was included in S.R. No. 2/2014 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 5(b) which amends regulation 5 of the Meat Industry Regulations 2005, regulation 11, which amends regulation 22(2) of the Meat Industry Regulations 2005, regulation 12, which amends regulation 25 of the Meat Industry Regulations 2005, AS 4696:2007 known as the Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption, approved by the Food Regulation Standing Committee of the Australia and New Zealand Food Regulation Ministerial Council as made from time to time. Part 25 Authorised by the Chief Parliamentary Counsel Meat Industry Regulations 2005 S.R. No. 49/2005 20 regulation 13, which amends regulation 26(1) of the Meat Industry Regulations 2005