Federal Register of Legislation - Australian Government

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Food Standards as made
This instrument includes a new standard in the Australia New Zealand Food Standards Code.
Administered by: Health and Aged Care
Exempt from sunsetting by the Legislation Act 2003 s 54(1)
Registered 12 Aug 2022
Tabling HistoryDate
Tabled HR05-Sep-2022
Tabled Senate05-Sep-2022

 

Title: Food Standards Australia New Zealand - Description: Food Standards Australia New Zealand logo

 

Standard 4.2.7 – Primary Production and Processing Standard for Berries

 

 

The Board of Food Standards Australia New Zealand gives notice of the making of this Standard under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on a date 30 months after the date of gazettal.

 

9 August 2022

 

Title: Renee Sobolewski - Description: Signature of the Delegate of the Board of Food Standards Australia New Zealand

 

Renee Sobolewski

Delegate of the Board of Food Standards Australia New Zealand

 

 

 

 

Note:

 

This Standard will be published in the Commonwealth of Australia Gazette No. FSC 150 on 12 August 2022. This means that this date is the gazettal date for the purposes of the above notice.

 


 

Standard 4.2.7       Primary Production and Processing Standard for Berries

Note 1        This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3.

Note 2        This Standard applies in Australia only.

Division 1       Preliminary

4.2.7—1               Name

                            This Standard is Australia New Zealand Food Standards Code – Standard 4.2.7 – Primary Production and Processing Standard for Berries.

                                      Note    Commencement:
This Standard commences on a date 30 months after the date of gazettal, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act.

4.2.7—2               Definitions

In this Standard:

berries means fresh berries; and includes strawberries, blueberries, and berries from the genus Rubus.

growing site means any site used to grow berries; and includes an open, partially enclosed or enclosed planting area.

harvest means all activities related to the collection and removal of berries from a growing site; and includes picking, cutting, field packing (including packaging for retail sale), and transport from the growing site to the next step in the supply chain.

premises and equipment means equipment, infrastructure, structures and vehicles that:

                            (a)      are used by a primary horticulture producer or by a primary horticulture processor; and

                            (b       have direct or indirect contact with berries.

primary horticulture producer means a business, enterprise or activity that involves the growing and/or harvesting of berries.

primary horticulture processor means a business, enterprise or activity that involves one or more of the following activities in relation to berries that have been harvested:

                            (a)      washing;

                            (b)      trimming;     

                            (c)      sorting;

                            (d)      sanitising;

                            (e)      storing;

                            (f)      combining harvested berries;

                            (g)      packing; and

                            (h)      transport between primary processing premises.

 

                            relevant activity means:

                            (a)      in relation to a primary horticulture producer, the growing and/or harvesting of berries; and

                            (b)      in relation to a primary horticulture processor, any of the following:

                                      (i)       washing harvested berries;

                                      (ii)      trimming harvested berries;

                                      (iii)     sorting harvested berries;

                                      (iv)     sanitising harvested berries;

                                      (v)      storing harvested berries;

                                      (vi)     combining harvested berries;

                                      (vii)    packing harvested berries; and

                                      (viii)    transporting harvested berries between primary processing premises.

 

Note 1 In this Code (see section 1.1.2—2(3) of Standard 1.1.2)

             relevant authority means an authority responsible for the enforcement of the relevant application Act

Note 2  In this Chapter (see clause 1 of Standard 4.1.1):

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.

Note 3  Clause 3 of Standard 4.1.1 sets out when a food will be unacceptable for the purposes of this Standard.

4.2.7—3               Application

                   (1)      This Standard applies to primary horticulture producers and to primary horticulture processors in Australia.

                   (2)      This Standard does not apply to the retail sale of berries.

                   (3)      This Standard does not apply to manufacturing of harvested berries which includes the cooking, freezing, drying, preserving, blending or juicing of harvested berries or the addition of other foods to harvested berries.

4.2.7—4               Notification

                   (1)      A primary horticulture producer and a primary horticulture processor must provide the specified information to the relevant authority before engaging in a relevant activity.

                   (2)      In this section, specified information means the following information:

                            (a)      the contact details of the primary horticulture producer or the primary horticulture processor, including the name of their business and the name and business address of the proprietor of their business;

                            (b)      a description of the activities the primary horticulture producer or the primary horticulture processor will undertake in relation to berries; and

                            (c)      the location or locations of each activity referred to in paragraph (b) that is within the jurisdiction of the relevant authority.

                   (3)      A primary horticulture producer and a primary horticulture processor must notify the relevant authority of any proposed change to specified information provided to a relevant authority in accordance with this section before that change occurs.

4.2.7—5               Traceability

A primary horticulture producer and a primary horticulture processor must have in place a system that can identify:

(a)   the growing site of berries which they grew or received; and

(b)   from whom berries were received; and

(c)   to whom berries were supplied.

4.2.7—6               Inputs –  soil, fertiliser and water

                            A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that any of the following inputs do not make berries unacceptable:

(a)   soil;

(b)   soil amendments (including manure, human biosolids, compost, and plant bio‑waste);

(c)   fertiliser; and

(d)   water.

4.2.7—7               Premises and equipment

                   (1)      A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that premises and equipment are designed, constructed, maintained and operated in a way that:

(a)      allows for effective cleaning and sanitisation of the premises and equipment; and

                            (b)      does not make berries unacceptable.

                   (2)      A primary horticulture producer and a primary horticulture processor must ensure that premises and equipment are kept clean, sanitised and in good repair to the extent required to ensure that berries are not made unacceptable.

4.2.7—8               Skills and knowledge

                            A primary horticulture producer and a primary horticulture processor must ensure that persons who engage in a relevant activity, or who supervise a person who engages in a relevant activity, have:

(a)        knowledge of food safety and food hygiene matters; and

(b)        skills in food safety and food hygiene matters

                             commensurate with their work.

4.2.7—9               Health and hygiene of personnel and visitors

                            A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that personnel and visitors exercise personal hygiene and health practices that do not make berries unacceptable.

4.2.7—10             Sale or supply of unacceptable berries

          A primary horticulture producer and a primary horticulture processor must not sell or supply berries for human consumption if they ought reasonably know, or ought reasonably suspect, that the berries are unacceptable.