Primary Produce (Food Safety Schemes) (Dairy) Regulations 2017 (SA)

South Australia Primary Produce (Food Safety Schemes) (Dairy) Regulations 2017 under the Primary Produce (Food Safety Schemes) Act 2004

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Definition of dairy produce (section 3) 5 Waiver, reduction, deferral and recovery of fees Part 2—Dairy industry food safety scheme 6 Dairy industry food safety scheme Part 3—Dairy Authority of South Australia 7 Dairy Authority of South Australia 8 Membership of Authority 9 Conditions of membership of Authority 10 Procedures of Authority 11 Conflict of interest under Public Sector (Honesty and Accountability) Act 12 Functions of Authority 13 Powers of Authority 14 Annual report Part 4—Accreditation 15 Obligation to be accredited 16 Requirements for accreditation 17 Approved food safety arrangement 18 Compliance with Standard 4.2.4 of Food Standards Code Part 5—Periodic fees and returns 19 Periodic fees and returns under section 17 20 Determination of monthly rate and annual fee 21 Notice of monthly rate and annual fee 22 Monthly fee and return—large scale dairy processors 23 Annual fee and return—all other producers 24 Annual fee payable by producer accredited for multiple classes of activities 25 Fee payable before grant of accreditation 26 Authority may require information Schedule 1—Fees and charges Schedule 2—Revocation of Primary Produce (Food Safety Schemes) (Dairy Industry) Regulations 2005 Schedule 3—Transitional provisions 1 Designation of accredited producer as carrying on large scale dairy processing business 2 Continuation of approved food safety arrangements 3 Continuation of exemption from compliance with codes Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Primary Produce (Food Safety Schemes) (Dairy) Regulations 2017. 2—Commencement These regulations will come into operation 4 months after the day on which they are made (see Subordinate Legislation Act 1978 section 10AA). 3—Interpretation (1) In these regulations, unless the contrary intention appears— accredited producer means a person authorised by an accreditation to carry on— (a) a dairy primary production business; or (b) a dairy processing business; or (c) a dairy transport business; Act means the Primary Produce (Food Safety Schemes) Act 2004; annual fee—see regulation 20; Authority means the Dairy Authority of South Australia established under the revoked regulations and continued in existence under regulation 7; dairy farmer means a person who carries on a dairy primary production business; dairy industry food safety scheme means the food safety scheme established under the revoked regulations and continued in existence under these regulations; dairy primary production business means a business, or an enterprise or activity carried on for a commercial purpose, that involves the production of milk for human or animal consumption and includes the keeping, grazing, feeding and milking of animals and the storage of milk on the premises at which the animals were milked; dairy processing business means a business, or an enterprise or activity carried on for a commercial purpose, that involves the manufacture of dairy products; dairy processor means a person who carries on a dairy processing business; dairy products means— (a) milk (as defined in these regulations); and (b) any other product included in the definition of dairy product in Standard 4.2.4 of the Food Standards Code; dairy transport business means a business, or an enterprise or activity carried on for a commercial purpose, involving the collection and transport of milk from a dairy primary production business to a dairy processing business or the transport of bulk milk or dairy products between dairy processors; dairy transporter means a person who carries on a dairy transport business; Food Standards Code has the same meaning as in the Food Act 2001; large scale dairy processing business—see subregulation (2); large scale dairy processor means a dairy processor designated under subregulation (2) as carrying on a large scale dairy processing business; milk means milk (including colostrum) derived from a cow, camel, goat, sheep or buffalo; monthly rate—see regulation 20; revoked regulations means the Primary Produce (Food Safety Schemes) (Dairy Industry) Regulations 2005. (2) The Authority may, by written notice given to an accredited producer— (a) designate the producer as carrying on a large scale dairy processing business; or (b) revoke a designation under paragraph (a). 4—Definition of dairy produce (section 3) Dairy products within the meaning of Standard 4.2.4 of the Food Standards Code are prescribed milk products for the purposes of the definition of dairy produce in section 3 of the Act. 5—Waiver, reduction, deferral and recovery of fees (1) The Authority may waive, reduce or defer payment of a fee payable under these regulations if the Authority considers that appropriate in the circumstances. (2) The Authority may recover an amount payable to the Authority by way of a fee or part of a fee payable under these regulations as a debt from the person liable to pay.