Food Regulation 2015 (2015-622) (NSW)

Food Regulation 2015

Part 1 Preliminary

1 Name of Regulation This Regulation is the Food Regulation 2015.

2 Commencement This Regulation commences on 30 October 2015 and is required to be published on the NSW legislation website.

Note. This Regulation repeals and replaces the Food Regulation 2010, which would otherwise have been repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation— approved means approved by the Food Authority. dairy food safety scheme means the provisions of this Regulation prescribed as a food safety scheme by clause 60. egg food safety scheme means the provisions of this Regulation prescribed as a food safety scheme by clause 166. food handler means a person who directly engages in the handling of food for a food business. licence means a licence granted under Part 7. meat food safety scheme means the provisions of this Regulation prescribed as a food safety scheme by clause 77. NSW Food Safety Schemes Manual means the publication of that name published by the Food Authority, as in force from time to time. plant products food safety scheme means the provisions of this Regulation prescribed as a food safety scheme by clause 121. seafood safety scheme means the provisions of this Regulation prescribed as a food safety scheme by clause 130. the Act means the Food Act 2003. vulnerable persons food safety scheme means the provisions of this Regulation prescribed as a food safety scheme by clause 158. (2) Notes included in this Regulation do not form part of this Regulation.

Part 2 Miscellaneous

4 Enforcement agencies (1) For the purposes of the definition of enforcement agency in section 4 (1) of the Act, the Lord Howe Island Board constituted by the Lord Howe Island Act 1953 is prescribed, in respect of Lord Howe Island. (2) For the purposes of sections 93, 95 and 100 of the Act, the Food Authority is prescribed as the appropriate enforcement agency. (3) For the purpose of section 100 of the Act, if a local council is appointed as an enforcement agency under Division 2 of Part 9 of the Act, the local council is prescribed as the appropriate enforcement agency in respect of the area for which the council is appointed as an enforcement agency. (4) For the purposes of section 100 of the Act, the Secretary of the Department of Climate Change, Energy, the Environment and Water is the appropriate enforcement agency, in respect of Kosciuszko National Park. (5) For the avoidance of doubt, if there is more than one appropriate enforcement agency prescribed for the purposes of section 100 of the Act, the proprietor of a food business may give notice under that section to any appropriate enforcement agency.