Food Production (Safety) Act 2000 (Qld)

Food Production (Safety) Act 2000

An Act to establish Safe Food Production QLD and provide for food safety matters relating to the production of primary produce, and for other purposes

Part 1 Preliminary

Division 1 Introduction

1 Short title This Act may be cited as the Food Production (Safety) Act 2000.

2 Commencement (1) The following provisions commence on a day to be fixed by proclamation— (a) parts 5 to 8; (b) part 11, divisions 2 and 3; (c) part 12. (2) However, if no day has been fixed by 1 January 2004, the provisions commence on that day. (3) The Acts Interpretation Act 1954, section 15DA does not apply to this Act.

Division 2 Objects and application

3 Main objects of Act The main objects of this Act are— (a) to establish Safe Food Production QLD; and (b) to ensure the production of primary produce is carried out in a way that— (i) makes the primary produce fit for human or animal consumption; and (ii) maintains food quality; and (c) to provide for food safety measures for the production of primary produce consistent with other State laws relating to food safety.

4 Act binds all persons This Act binds all persons, including the State and, so far as the legislative authority of the Parliament permits, the Commonwealth and the other States.

5Food Act 2006 not affected This Act is in addition to, and does not limit, the Food Act 2006.

6 Exemption from application of Act (1) This Act does not apply to primary produce or the production of primary produce— (a) at premises on or from which primary produce is sold by retail, other than— (i) meat retail premises; or (ii) other premises on which the production of primary produce is the predominant activity carried out on the premises; or Example for subparagraph (ii)— a packing shed, situated on an apple orchard, that is used to wash and pack apples but from which a person may occasionally sell apples by retail (b) in vehicles on or from which primary produce is sold by retail, other than— (i) meat retail vehicles; or (ii) other vehicles in which the production of primary produce is the predominant activity carried out in the vehicle. (2) Also, this Act does not apply to— (a) primary produce possessed by an individual for the individual's own use, unless the produce is moved from the place at which it was produced; or (b) the production of primary produce carried out by an individual, unless the produce is— (i) supplied, or intended for supply; or (ii) used, or intended for use, as food for paying guests; or (iii) moved from the place at which it was produced. (3) Despite subsection (2), this Act does not apply to primary produce moved from the place at which it was produced if— (a) the primary produce is harvested in the wild by an individual for the individual's own use; or (b) the following apply— (i) Safe Food has advised the Minister that it is satisfied the primary produce is unlikely to expose members of the public to a food safety hazard; (ii) the primary produce is prescribed under a regulation for this subsection. (4) In this section— meat retail premises means retail premises, or part of a retail premises, on or from which meat processing is carried out, or meat is sold, other than retail premises on or from which all meat sold on the premises is sold ready for immediate consumption. Example of part of retail premises— a meat section in a supermarket meat retail vehicle means a vehicle on or from which meat is sold, other than meat ready for immediate consumption.