Primary Produce Safety (Egg) Regulations 2014

Primary Produce Safety (Egg) Regulations 2014

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Primary Produce Safety Act 2011 .

C. WARNER

Governor

By Her Excellency's Command,

JEREMY ROCKLIFF

Minister for Primary Industries and Water

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Primary Produce Safety (Egg) Regulations 2014 .

2.   Commencement

These regulations take effect on the day on which Schedule 3 to the Primary Produce Safety Act 2011 commences.

3.   Interpretation

In these regulations –

accredited egg producer means an egg producer that is an accredited producer;

Act means the Primary Produce Safety Act 2011 ;

approved egg food safety auditor means a food safety auditor approved under Part 11 of the Act to audit food safety programs in respect of eggs or egg products;

approved egg food safety program means a food safety program in respect of eggs or egg products that is an approved food safety program;

egg business means a primary produce business, or a proposed primary produce business, that consists, in whole or in part, of the primary production of eggs (other than home egg production) or egg processing, either alone or in combination;

egg-laying bird means a female bird that has reached a stage of growth where the bird is capable of laying eggs;

egg processing, other than the cooking or handling of eggs or egg products to prepare a meal for a person or the sale or service of eggs or egg products by way of retail, includes –

(a) pulping, separating, grading, packing, washing, candling, assessing for cracks or oiling eggs intended for supply to an egg business or food business; and

(b) the treating, through pasteurisation or other similar processes, of egg products intended for supply to an egg business or food business; and

(c) the storing or transporting of eggs or egg products when undertaken as a result of an activity specified in paragraph (a) or (b) ;

egg producer means a producer who engages in, or is proposing to engage in, the primary production of eggs or egg products, either alone or in combination;

egg product means the content of an egg, in part or in whole, in liquid, frozen or dried form;

food business has the same meaning as in the Food Act 2003 ;

full-time egg handler means an individual who directly engages in the primary production of eggs, or egg processing –

(a) as an employee or agent of an egg business; and

(b) for 38 hours in a week;

home egg production means the primary production of eggs carried on at a residential premises that does not involve any of the following:

(a) the keeping or management of more than 20 egg-laying birds at any one time;

(b) the supply of eggs to an egg business;

(c) the supply of eggs to a food business;

(d) the supply of eggs at a market;

(e) the supply of eggs by way of wholesale;

primary production of eggs means the keeping or management of egg-laying birds for the purpose of collecting eggs laid by such birds for human consumption;

relevant standard means Standard 4.2.5 – Primary Production and Processing Standard for Eggs and Egg Product in the Food Standards Code.

4.   Meaning of primary production activity

For the purposes of section 5(2)(c) of the Act, home egg production is not a primary production activity.

5.   Egg food safety scheme

(1)  These regulations establish, in Part 2 , a food safety scheme in respect of eggs and egg products.

(2)  In any document, a reference to the egg food safety scheme is taken to be a reference to Part 2 of these regulations, as amended from time to time.

6.   Periodic fees and returns

(1)  For the purposes of section 16(1) of the Act, in relation to an accredited egg producer –

(a) the period prescribed is the period of 12 months ending on the last day in June in any calendar year; and

(b) the date prescribed is the 1 July immediately after the period prescribed under paragraph (a); and

(c) the fee prescribed is the annual fee set out in item 4 of Schedule 1 .

(2)  For the purposes of section 16(2) of the Act, the fee prescribed as a penalty for default by an accredited egg producer is the penalty for default set out in item 5 of Schedule 1 .

7.   Fees generally

(1)  In this regulation –

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

(2)  The fees specified in Schedule 1  –

(a) are, unless otherwise specified, exclusive of GST; and

(b) are prescribed as the fees payable in respect of the matters to which they relate.

(3)  The Chief Inspector may, in any of the following circumstances, exempt a person, or class of persons, from all or any part of a fee payable under these regulations:

(a) the egg business carried on by the person involves the export of eggs or egg products, to another country, under a law of the Commonwealth;

(b) the egg business carried on by the person forms part of, or is attached to, a food business registered under the Food Act 2003 that is carried on by that person at the same premises as the egg business;

(c) the person is an Aboriginal person engaging in a primary production activity of traditional or cultural significance within the Tasmanian Aboriginal community;

(d) the person holds, or has applied for, accreditation under 2 or more food safety schemes;

(e) the egg business carried on by the person is carried on by the person primarily for a charitable, educational or other non-commercial purpose;

(f) the circumstances are exceptional circumstances in which it would be just and equitable to exempt the person from all or part of the fee.

8.   Application for accreditation to take into account certain offences

The following Acts are prescribed Acts for the purposes of section 14(3)(a)(iii) of the Act:

(a) Agricultural and Veterinary Chemicals (Control of Use) Act 1995 ;

(b) Agricultural and Veterinary Chemicals (Tasmania) Act 1994 ;

(c) Animal (Brands and Movement) Act 1984 ;

(d) Animal Health Act 1995 ;

(e) Animal Welfare Act 1993 ;

(ea) [Regulation 8 Amended by No. 18 of 2020, Sched. 1, Applied:28 Sep 2020] Biosecurity Act 2019 ;

(f) Environmental Management and Pollution Control Act 1994 ;

(g) Public Health Act 1997 .

PART 2 - Egg Food Safety Scheme

9.   Application of egg food safety scheme

(1)  This egg food safety scheme applies to –

(a) all primary produce comprising eggs or egg products; and

(b) all primary production activities involving the primary production of eggs, or egg processing, either alone or in combination.

(2)  The following persons must comply with this egg food safety scheme:

(a) a person who supplies primary produce to which this egg food safety scheme applies;

(b) a person who engages in, or proposes to engage in, a primary production activity to which this egg food safety scheme applies.

10.   Standard applying under egg food safety scheme

A person who is required to comply with this egg food safety scheme must comply with the relevant standard as applicable.

11.   Requirement to be accredited

(1)  Subject to subregulation (2) , the proprietor of an egg business is required to be accredited under this egg food safety scheme.

(2)  The proprietor of an egg business is not required to be accredited under this egg food safety scheme if the egg business being carried on by the proprietor, whether alone or in association with others –

(a) supplies less than 20 dozen eggs in each calendar week; and

(b) does not supply any egg product other than whole raw eggs with intact shells.

(3)  For the purposes of subregulation (2)(a) , an egg business is taken, in absence of proof to the contrary, to supply 20 dozen eggs or more in each calendar week if the egg business keeps or manages 50 egg-laying birds or more at any one time.

(4)  A person who, under subregulation (2) , is not required to be accredited must –

(a) notify the Chief Inspector, in a form approved by the Chief Inspector, of –

(i) the person's name and address; and

(ii) the number, and type, of egg-laying birds being kept by the person for the purposes of egg production and the premises where the birds are being kept; and

(b) apply a unique identifying mark or stamp, that has been approved by the Chief Inspector for use by the person, to eggs that are to be sold or supplied by that person for human consumption.

Penalty:  Fine not exceeding 5 penalty units.

(5)  A person who has notified the Chief Inspector under subregulation (4)(a) must notify the Chief Inspector of any changes in the information so notified as soon as practicable after the change occurs.

Penalty:  Fine not exceeding 5 penalty units.

12.   Requirement for accreditation

It is a requirement for accreditation under this egg food safety scheme that the applicant for the accreditation –

(a) has made appropriate arrangements to comply with the requirements of the Act and this egg food safety scheme; or

(b) proposes to make appropriate arrangements to comply with the requirements of the Act and this egg food safety scheme and has the capacity to make those arrangements.

13.   Requirement to prepare and implement egg food safety program

An accredited egg producer must prepare and implement an egg food safety program in respect of each activity involving eggs, or egg products, for which the accredited egg producer holds accreditation under this egg food safety scheme.

14.   Auditing requirements

An approved egg food safety program must be audited by an approved egg food safety auditor –

(a) at intervals determined by the Chief Inspector in respect of the approved egg food safety program, or approved egg food safety programs generally, as notified in writing to the accredited egg producer in respect of the approved egg food safety program; or

(b) if no such intervals are specified, at least once every 12 months.

15.   Register of accreditation

(1)  The Chief Inspector is to establish a register of egg producers.

(2)  The register established under this regulation is to contain the following particulars in respect of an accreditation granted to an egg producer:

(a) the granting of such an accreditation;

(b) any conditions attached to such an accreditation;

(c) any variation or revocation of a condition attached to such an accreditation;

(d) any suspension of such an accreditation;

(e) if such an accreditation is cancelled or revoked, the cancellation or revocation of the accreditation;

(f) if such an accreditation is surrendered, the surrender of the accreditation;

(g) if such an accreditation is transferred, the transfer of the accreditation.

(3)  The register established under this regulation is to contain the following particulars in respect of the proprietor of an egg business who, under regulation 11(2) , is not required to be accredited:

(a) the name and address of the proprietor;

(b) the number, and type, of egg-laying birds being kept by the person for the purposes of egg production;

(c) the address of the premises where the birds are being kept;

(d) the unique identifying mark, or stamp, being used by the proprietor as required under regulation 11(4)(b) .

(4)  The register established under this regulation is available for inspection, without charge, during normal business hours on a written request to the Chief Inspector.

(5)  A person inspecting the register under subregulation (4) may, on payment of any reasonable fee determined by the Chief Inspector that does not exceed 50 fee units, do either or both of the following:

(a) obtain an extract of an entry in the register established under this regulation;

(b) obtain a copy of anything contained in the register established under this regulation.

PART 3 - Offences

16.   Eggs or egg products must be lawfully produced

(1)  A person must not supply any egg, or egg product, that has not been lawfully produced for human consumption.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; or

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(2)  An offence against this regulation is an offence of strict liability.

(3)  For the purpose of this regulation, an egg or egg product is taken to have been lawfully produced for human consumption if –

(a) in the case of an egg or egg product that has been produced outside of Australia, it has been lawfully imported into Australia; and

(b) in any other case, to the extent to which the egg or egg product has been produced or processed in Australia, the production or processing has been carried out –

(i) in accordance with the requirements of the Act; or

(ii) in accordance with any applicable corresponding law if the production or processing occurred in another State or a Territory.

17.   Infringement notices

(1)  The offences that are created by the provisions of these regulations specified in column 2 of the table in Schedule 2 are prescribed offences for the purposes of section 53 of the Act.

(2)  The prescribed penalty for each of the prescribed offences is the penalty specified opposite that offence in column 3 of the table in Schedule 2 .

SCHEDULE 1 - Fees

Regulations 6 and 7

SCHEDULE 2 - Infringement notice offences

Regulation 17

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 31 December 2014

These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.