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.

 

 

 

Amendment History

The Amendment History provides information about each amendment to the Standard. The information includes commencement or cessation information for relevant amendments.

 

These amendments are made under section 92 of the Food Standards Australia New Zealand Act 1991 unless otherwise indicated. Amendments do not have a specific date for cessation unless indicated as such.

 

About this compilation

 

This is compilation No. 3 of Standard 4.1.1 as in force on 19 July 2023 (up to Amendment No. 220). It includes any commenced amendment affecting the compilation to that date.

 

Prepared by the Office of Parliamentary Counsel, Canberra.

 

Uncommenced amendments or provisions ceasing to have effect

 

To assist stakeholders, the effect of any uncommenced amendments or provisions which will cease to have effect, may be reflected in the Standard as shaded boxed text with the relevant commencement or cessation date. These amendments will be reflected in a compilation registered on the Federal Register of Legislation including or omitting those amendments and provided in the Amendment History once the date is passed.

 

 

The following abbreviations may be used in the table below:

 

ad = added or inserted                                          am = amended

exp = expired or ceased to have effect                  rep = repealed

rs = repealed and substituted

 

Standard 4.1.1 was published in the Food Standards Gazette No. FSC58 on 20 May 2010 as part of Amendment No. 116 (F2010L01310 — 20 May 2010). It was registered as a principal instrument on 10 January 2012 (F2012L00025) and has been amended as follows:

 

Section affected	A’ment No.	FRL registration Gazette	Commencement (Cessation)	How affected	Description of amendment
4.1.1—1	128	F2012L00027 11 Jan 2012 FSC70 12 Jan 2012	21 May 2012	am	Amend definitions in clause 1.
4.1.1—3	128	F2012L00027 11 Jan 2012 FSC70 12 Jan 2012	21 May 2012	ad	Insert clause 3.
4.1.1—Division 2	128	F2012L00027 11 Jan 2012 FSC70 12 Jan 2012	21 May 2012	ad	Insert Division 2.
4.1.1—4	128	F2012L00027 11 Jan 2012 FSC70 12 Jan 2012	21 May 2012	ad	Insert clause 4.
4.1.1—5	128	F2012L00027 11 Jan 2012 FSC70 12 Jan 2012	21 May 2012	ad	Insert clause 5.
4.1.1—Table of Provisions	135	F2012L02014 10 Oct 2012 FSC77 11 Oct 2012	11 October 2012	rs	Omit and substitute Table of Provisions.
4.1.1—Division 1	135	F2012L02014 10 Oct 2012 FSC77 11 Oct 2012	11 October 2012	ad	Insert Division 1 heading.
4.1.1—5	220	F2023L01004 11 July 2023 FSC160 19 July 2023	19 July 2023	am	Amend editorial note to clause 5.