Tasmanian Legislation
Primary Produce Safety (Horticulture Produce) Regulations 2023
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Primary Produce Safety Act 2011 .
20 November 2023
B. BAKER
Governor
By Her Excellency's Command,
JO PALMER
Minister for Primary Industries and Water
PART 1 - Preliminary
1. Short title These regulations may be cited as the Primary Produce Safety (Horticulture Produce) Regulations 2023 .
2. Commencement These regulations take effect on the day on which their making is notified in the Gazette.
3. Interpretation (1) In these regulations – accredited horticulture producer means the proprietor of a horticulture produce business who is an accredited producer; Act means the Primary Produce Safety Act 2011 ; food business has the same meaning as in the Food Act 2003 ; full-time horticulture produce handler means a person who directly engages in the primary production of seed sprouts – (a) as an employee or agent of a horticulture produce business; and (b) for 38 hours in a week; home horticulture production means the production or processing of seed sprouts that does not involve one or more of the following: (a) the supply of seed sprouts to a horticulture produce business; (b) the supply of seed sprouts to a food business; (c) the supply of seed sprouts at a market; (d) the supply of seed sprouts by way of retail or wholesale; horticulture produce business means a primary produce business, or proposed primary produce business, that consists, in whole or in part, of the primary production of seed sprouts other than home horticulture production; horticulture produce premises means premises on which a horticulture produce business is carried on; horticulture producer means a person who engages in the primary production of seed sprouts; primary production of seed sprouts means one or more of the following activities undertaken to supply seed sprouts for human consumption to a food business or a horticulture business: (a) the decontamination of seed or seed sprouts by using a controlled environment to reduce the level of pathogenic organisms that may be present in the seed or seed sprouts; (b) the soaking of seed; (c) the germination or growth of seed; (d) the harvest of seed sprouts; (e) the washing, drying or packing of seed sprouts; seed sprouts means young seedlings that, when prepared for human consumption – (a) include all or part of the seed; and (b) are intended for human consumption; and (c) are grown from – (i) alfalfa, broccoli, clover, onion, radish or sunflower seeds or other seeds; or (ii) mung beans or other beans; or (iii) snow peas or other peas. (2) In these regulations, a reference to a seed is a reference to a seed used in the production of seed sprouts.
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