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 4.2.8 – Primary Production and Processing Standard for Leafy Vegetables

 

 

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

 


 

Standard 4.2.8       Primary Production and Processing Standard for Leafy Vegetables

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

4.2.8—1               Name

                            This Standard is Australia New Zealand Food Standards Code – Standard 4.2.8 – Primary Production and Processing Standard for Leafy Vegetables.

                                      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.

4.2.8—2               Definitions

In this Standard:

leafy vegetables means vegetables of a leafy nature where the leaf is consumed raw; and includes baby leaves, lettuce, and leafy herbs; and does not include seed sprouts.

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

harvest means all activities related to the collection and removal of leafy vegetables 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 leafy vegetables.

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

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

                            (a)      washing;

                            (b)      trimming;

                            (c)      sorting;       

                            (d)      sanitising;

                            (e)      storing;

                            (f)      combining harvested leafy vegetables;

                            (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 leafy vegetables; and

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

                                      (i)       washing harvested leafy vegetables;

                                      (ii)      trimming harvested leafy vegetables;

                                      (iii)     sorting harvested leafy vegetables;    

                                      (iv)     sanitising harvested leafy vegetables;

                                      (v)      storing harvested leafy vegetables;

                                      (vi)     combining harvested leafy vegetables;

                                      (vii)    packing harvested leafy vegetables; and

                                      (viii)    transporting harvested leafy vegetables between primary processing premises.

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

                   general food safety management requirements means the requirements in Division 2 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 2        Clause 3 of Standard 4.1.1 sets out when a food will be unacceptable for the purposes of this Standard.

4.2.8—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 leafy vegetables.

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

4.2.8—4               General food safety management requirements

A primary horticulture producer and a primary horticulture processor must comply with the general food safety management requirements.

4.2.8—5               Traceability

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

(a)      from whom leafy vegetables were received; and

(b)      to whom leafy vegetables were supplied.

4.2.8—6               Inputs – seed, seedling, 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 leafy vegetables unacceptable:

(a)   seeds;

(b)   seedlings;

(c)   soil;

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

(e)   fertiliser; and

(f)    water.

4.2.8—7               Growing sites

                            A primary horticulture producer must take all reasonable measures to ensure that a growing site is located, designed, constructed, maintained and operated such that leafy vegetables are not made unacceptable.

4.2.9—8               Weather events

                            A primary horticulture producer and a primary horticulture processor must take appropriate remedial action to ensure that leafy vegetables adversely affected by weather conditions are not unacceptable.

4.2.8—9               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 leafy vegetables 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 leafy vegetables are not made unacceptable.

4.2.8—10             Temperature of harvested leafy vegetables

                            A primary horticulture producer and a primary horticulture processor must keep harvested leafy vegetables at a temperature that does not make the leafy vegetables unacceptable.

4.2.8—11             Washing and sanitisation of harvested leafy vegetables

                            A primary horticulture processor must take all reasonable measures to ensure that:

                            (a)      visible extraneous material on harvested leafy vegetables is removed; and

                            (b)      any washing or sanitising of harvested leafy vegetables does not make the leafy vegetables unacceptable.                 

4.2.8—12             Animals and pests

                            A primary horticulture producer and a primary horticulture processor must take all reasonable measures to minimise the presence of animals, vermin and pests in growing sites, and in premises and equipment, to ensure that leafy vegetables are not made unacceptable.

4.2.8—13             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.

4.2.8—14             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 leafy vegetables unacceptable.

4.2.8—15             Sale or supply of unacceptable leafy vegetables

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