Food Regulations 2017 (SA)

South Australia Food Regulations 2017 under the Food Act 2001

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Provisions relating to administration of Act 4 Prescription of enforcement agencies 5 Head of enforcement agency 6 Prescription of public institutions 7 Meaning of primary food production Part 3—Adoption of Food Standards Code 8 Adoption of Food Standards Code Part 4—Miscellaneous 10 Prescribed form 11 Notification of food business 12 Disclosure of information for standardised food sold at multiple‑site food businesses 13 Inspection fee 14 Specific provision relating to meat 15 Application of Act to certain food businesses Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Food Regulations 2017. 3—Interpretation In these regulations— Act means the Food Act 2001; constituent council has the same meaning as in the Local Government Act 1999; Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Act; relevant regulatory subsidiary means a regional subsidiary established by 2 or more councils under the Local Government Act 1999 in connection with the operation and enforcement of the Food Act 2001; small business means a business where not more than 20 people are engaged in handling food (and for the purposes of this definition the relevant number of people will be determined by counting people who work full-time in handling food, or the full-time equivalents of such people).

Part 2—Provisions relating to administration of Act 4—Prescription of enforcement agencies (1) For the purposes of the definition of enforcement agency under the Act— (a) the Department; and (b) all municipal and district councils under the Local Government Act 1999; and (c) all relevant regulatory subsidiaries, are prescribed. (2) For the purposes of sections 79 and 81 of the Act— (a) in the case of food businesses conducted outside council areas—the Department is prescribed as the appropriate enforcement agency; (b) in the case of all other food businesses— (i) unless subparagraph (ii) applies—the relevant local government authority for the council area where the food business is conducted is prescribed as the appropriate enforcement agency; (ii) if the Minister so determines—the Department is prescribed as the appropriate enforcement agency. (3) For the purposes of section 86 of the Act— (a) if a food business is conducted outside the area of a council, then the Department is prescribed as the appropriate enforcement agency with respect to that food business; (b) if a food business is conducted in 1, and only 1, council area, then the relevant local government authority is prescribed as the appropriate enforcement agency with respect to that food business; (c) if a food business is conducted in more than 1 council area, then the relevant local government authority for each council area where the food business is conducted is prescribed as an appropriate enforcement agency with respect to that food business. (4) For the purposes of subregulation (3)— (a) if a food business is a food transport business, then that business will be taken to be conducted— (i) at a depot used for the purposes of the food transport business; or (ii) if there is no such depot, at the place where the vehicles used for the purposes of the food transport business are principally based or, if there is no such place, at each place where a vehicle used for the purposes of the business is usually parked when not in use; (b) if a food business (not being a food transport business) involves the preparation of food in 1 or more locations and then the transportation or delivery of the food to another place or places, then that business will be taken to be conducted at any location where the food is prepared; (c) in any other case, a food business will be taken to be conducted at any place where food intended for sale is handled, or where food is sold, on a permanent or regular basis. (5) For the purposes of subregulations (2) and (3) the relevant local government authority is— (a) if a relevant regulatory subsidiary has been established in relation to the relevant area—that subsidiary; (b) in any other case—the council established under the Local Government Act 1999 in relation to the relevant area. (6) In this regulation— council area means— (a) if a relevant regulatory subsidiary has been established in relation to the relevant area—the combined area of the areas of the subsidiary's constituent councils; (b) in any other case—the area of a council established under the Local Government Act 1999; food transport business means a business that involves the transport of food for fee or reward through the use of a food transport vehicle. 5—Head of enforcement agency For the purposes of the definition of head of an enforcement agency under the Act— (a) the chief executive of the Department is prescribed as the head of that enforcement agency; and (b) the chief executive officer of a municipal or district council under the Local Government Act 1999, other than where the council is a constituent council of a relevant regulatory subsidiary, is prescribed as the head of that enforcement agency; and (c) the person designated by the constituent councils of a relevant regulatory subsidiary as the principal officer of the subsidiary is prescribed as the head of that enforcement agency. 6—Prescription of public institutions For the purposes of the definition of public institution under the Act— (a) public hospitals; and (b) correctional institutions within the meaning of the Correctional Services Act 1982, are prescribed. 7—Meaning of primary food production For the purposes of section 7(1) of the Act, the Primary Produce (Food Safety Schemes) Act 2004 is prescribed.