Primary Produce Safety (Pet Food) Regulations 2014

Primary Produce Safety (Pet Food) 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 (Pet Food) Regulations 2014 .

2.   Commencement

These regulations take effect on the day on which Schedule 4 to the Primary Produce Safety Act 2011 commences.

3.   Interpretation

In these regulations –

accredited pet food producer means the proprietor of a pet food business who is an accredited producer;

Act means the Primary Produce Safety Act 2011 ;

approved pet food food safety auditor means a food safety auditor approved under Part 11 of the Act to audit food safety programs in respect of pet food;

approved pet food food safety program means a food safety program in respect of pet food that is an approved food safety program;

commercial pet food production means pet food production for the purpose of supplying pet food commercially;

full-time pet food handler means an individual who directly engages in the primary production of pet food –

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

(b) for 38 hours in a week;

pet food business means a primary produce business, or a proposed primary produce business, that consists, in whole or in part, of commercial pet food production;

pet food producer means a producer who engages in, or is proposing to engage in, pet food production;

relevant standard means Standard for the Hygienic Production of Pet Meat PISC Technical Report 88 – Amended 2009, by the Primary Industries Standing Committee, as amended or substituted from time to time.

4.   Pet food food safety scheme

(1)  These regulations establish, in Part 2 , a food safety scheme in respect of pet food.

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

5.   Periodic fees and returns

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

(a) the period prescribed is the period of 12 months ending on the last day of 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 relevant annual fee specified 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 pet food producer is the penalty for default specified in item 5 of Schedule 1 .

6.   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 exempt a person, or class of persons, from all or any part of a fee payable under these regulations in any of the following circumstances:

(a) the pet food business carried on by the person involves the export of pet food, to another country, in accordance with a law of the Commonwealth;

(b) the pet food 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 pet food 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 pet food 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.

7.   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 7 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 - Pet Food Food Safety Scheme

8.   Application of pet food food safety scheme

(1)  This pet food food safety scheme applies to –

(a) all primary produce comprised, in whole or in part, of pet food; and

(b) all primary production activities involving pet food production.

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

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

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

9.   Standard applying under pet food food safety scheme

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

10.   Requirement to be accredited

The proprietor of a pet food business is required to be accredited under this pet food food safety scheme.

11.   Requirement for accreditation

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

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

(b) proposes to make appropriate arrangements to comply with the requirements of the Act and this pet food food safety scheme and has the capacity to make those arrangements before the accreditation is to commence.

12.   Requirement to prepare and implement pet food food safety program

(1)  An accredited pet food producer must prepare and implement a food safety program in respect of each activity involving pet food for which the accredited pet food producer holds accreditation under this pet food food safety scheme.

(2)  Subregulation (1) does not apply to an activity for which an accredited pet food producer holds accreditation if that activity does not involve, in part or in whole, the slaughter of animals for the production of pet food.

13.   Auditing requirements

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

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

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

14.   Register of accreditation

(1)  The Chief Inspector is to establish a register of accredited pet food producers.

(2)  The register established under this regulation is to contain the following particulars in respect of an accreditation granted to a pet food 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 be available for inspection, without charge and during normal business hours, on a written request to the Chief Inspector.

(4)  A person inspecting the register under subregulation (3) 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

15.   Pet food must be lawfully produced

(1)  A person must not supply any pet food that has not been lawfully produced for consumption by pets.

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 purposes of this regulation, pet food will be taken to have been lawfully produced for consumption by pets if –

(a) in the case of pet food that has been produced outside of Australia, it has been lawfully imported as pet food into Australia; and

(b) in any other case, to the extent to which the pet food 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.

16.   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 5 and 6

SCHEDULE 2 - Infringement notice offences

Regulation 16

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.