Federal Register of Legislation - Australian Government

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Standard 4.1.1 Food Standards as amended, taking into account amendments up to Food Standards (Proposal P1021 - Code Maintenance X) Variation
Administered by: Health and Aged Care
Registered 30 Oct 2012
Start Date 11 Oct 2012

Standard 4.1.1

 

PRIMARY PRODUCTION AND PROCESSING STANDARDS –

PRELIMINARY PROVISIONS

 

 

(Australia only)

 

Purpose and commentary

 

This Standard sets out preliminary provisions which apply to the Primary Production and Processing Standards contained in Chapter 4 of the Code.

 

Table of Provisions

 

Division 1 – Preliminary

1             Interpretation

2             Application

3             When an animal or food is unacceptable

Division 2 – General food safety management requirements

4             The general food safety management requirements

5             Food safety management statements

 

Division 1 – Preliminary

 

1             Interpretation

 

Unless the contrary intention appears, in this Chapter –

 

Authority means the State, Territory or Commonwealth agency or agencies having the legal authority to implement and enforce primary production and processing Standards.

 

control measure means a measure that prevents, eliminates or reduces to an acceptable level, a food safety hazard.

 

food safety management statement has the meaning given by clause 5 of this Standard.

 

general food safety management requirements means the requirements in Division 2 of this Standard.

 

handling of food includes the producing (including growing, cultivation, picking, harvesting or catching), collecting, extracting, processing, manufacturing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food.

 

hazard means a biological, chemical or physical agent in, or condition of, food that has the potential to cause an adverse health effect in humans.

 

inputs includes any feed, litter, water (including recycled water), chemicals or other substances used in, or in connection with, the primary production or processing activity.

 

supply includes intra company transfer of produce.

 

verification means the application of methods, procedures, tests and other tools for evaluation to determine compliance with the relevant requirement.


 

2             Application

 

(1)           Unless the contrary intention appears, this Standard applies to Primary Production and Processing Standards in Chapter 4 of this Code.

 

(2)           Standards in Chapter 4 of this Code do not apply in New Zealand.

 

3             When an animal or food is unacceptable

 

(1)           An animal is unacceptable if –

 

(a)          food derived from that animal would be unsafe;

(b)          food derived from that animal would be unsuitable; or

(c)          the animal is in a condition which a reasonable person would regard as making food derived from that animal unfit for human consumption.

 

(2)           A food is unacceptable if –

 

(a)          it is unsafe;

(b)          it is unsuitable; or

(c)          it is in a condition, or contains a substance or organism, which a reasonable person would regard as making that food unfit for human consumption.

 

(3)           To avoid doubt, the standards in this Chapter of the Code may include other matters which, for the purposes of particular standards, make food or animals unacceptable.

 

Division 2 – General food safety management requirements

 

4             The general food safety management requirements

 

(1)           Where a standard in this Chapter of the Code provides that a person or business is required to comply with the general food safety management requirements, that person or business must –

 

(a)          have a food safety management statement; and

(b)          operate according to its food safety management statement.

 

(2)           A person or business required to comply with the food safety management requirements must also –

 

(a)          systematically examine its operations to identify potential hazards and implement control measures to address those hazards; and

(b)          have evidence to show that a systematic examination has been undertaken and that control measures for those identified hazards have been implemented; and

(c)          verify the effectiveness of the control measures.

 

5             Food safety management statements

 

              A food safety management statement is a statement which –

 

(a)          has been approved or recognised by the authority; and

(b)          is subject to ongoing verification activities by the business or person; and

(c)          if required by the authority, is also subject to ongoing verification activities by the relevant authority; and

(d)          sets out how the obligations imposed by this Chapter of the Code are to be, or are being, complied with.

 


 

Editorial note:

 

Note that businesses with existing approved food safety arrangements (for example, HACCP-based food safety programs, Standard 3.2.1 of this Code, AQIS approved arrangements) should be considered to meet the outcomes of a food safety management statement.  However, the relevant authority will need to verify that the existing food safety arrangement meets the requirements of this Division.

 

Some of the standards in this Chapter of the Code contain definitions of ‘food safety management statement’.  Those definitions will be removed when FSANZ reviews those standards.

 


 

 

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