Federal Register of Legislation - Australian Government

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Food Standards as made
This instrument amends Food Standards in the Australia New Zealand Food Standards Code.
Administered by: Health
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(1), Food Standards Australia New Zealand Act 1991 s 94
Registered 11 Jan 2012
Tabling HistoryDate
Tabled HR07-Feb-2012
Tabled Senate07-Feb-2012
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

Description: Description: FS_Logo_K

 

Food Standards (Proposal P1004 –Production & Processing Standard for Seed Sprouts – Consequential) Variation

 

The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on the date specified in clause 3 of this variation.

 

Dated 5 January 2012

Standards Management Officer

Delegate of the Board of Food Standards Australia New Zealand

 

 


 

1             Name

 

This instrument is the Food Standards (Proposal P1004 – Production & Processing Standard for Seed Sprouts – Consequential) Variation.

 

2             Variation to Standards in the Australia New Zealand Food Standards Code

 

The Schedule varies the Standards in the Australia New Zealand Food Standards Code.

 

3             Commencement

 

These variations commence on21 May 2012.

 

SCHEDULE

 

[1]           Standard 4.1.1 is varied by –

 

[1.1]        omitting the definition of inputs in clause 1, substituting –

 

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.

 

[1.2]        inserting the following definitions in clause 1

 

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.

 

[1.3]        inserting after clause 2

 

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.