Primary Produce Safety (Seafood) Regulations 2023 (Tas)

Primary Produce Safety (Seafood) 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 .

19 December 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 (Seafood) 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 – abalone means fish of the genus Haliotis; accredited seafood producer means the proprietor of a seafood business who is an accredited producer; Act means the Primary Produce Safety Act 2011 ; approved area means an area classified as an approved area under regulation 18 as published under regulation 19 ; approved seafood food safety auditor means a food safety auditor approved under Part 11 of the Act to audit food safety programs in respect of seafood; approved seafood food safety program means a food safety program in respect of seafood that is an approved food safety program; bivalve molluscs includes clams, cockles, mussels, oysters, pipis and scallops; classification notice means a notice under regulation 18(1) ; commercial fishing licence means a fishing licence under the Living Marine Resources Management Act 1995 other than – (a) a licence issued under that Act for recreational fishing within the meaning of that Act; or (b) a marine farming licence; depuration means a process of holding live seafood in a controlled aquatic environment to eliminate or reduce the level of pathogenic organisms that may be present in the seafood; fish means any aquatic animal, whether dead or alive, of any species (other than amphibians, mammals or reptiles) which, in the normal course of events, spends part or all of its life in the aquatic environment; full-time seafood handler means an individual who engages directly in the primary production of seafood – (a) as an employee or agent of a seafood business; and (b) for 38 hours in a week; growing on means the holding of live seafood in a marine farm to enable their growth and development prior to being sold or supplied for human consumption; marine farm has the same meaning as in the Living Marine Resources Management Act 1995 ; marine farming licence has the same meaning as in the Living Marine Resources Management Act 1995 ; primary production of seafood means any of the following activities undertaken to supply seafood to a food business, within the meaning of the Food Act 2003 , or a seafood business: (a) the growing, cultivating, picking, harvesting, collecting or catching of seafood; (b) the growing on of seafood; (c) the transportation or delivery of seafood; (d) the holding of live seafood; (e) seafood processing; regulated seafood includes – (a) abalone; and (b) bivalve molluscs; and (c) smoked or preserved seafood; and (d) any other species, or class, of seafood determined under regulation 4 to be regulated seafood; relaying, of regulated seafood, means the transfer of regulated seafood from one area to another for the purposes of – (a) the growing on of the regulated seafood; or (b) eliminating or controlling pathogenic organisms, toxins or contaminants in the regulated seafood, by using the change of ambient environment as a treatment process; restricted area means an area classified as a restricted area under regulation 18 as published under regulation 19 ; seafood business means a primary produce business, or a proposed primary produce business, that consists, in whole or in part, of the primary production of seafood; seafood processing, other than the cooking or handling of seafood to prepare a meal for a person or the sale or service of seafood by way of retail, includes – (a) the killing, cutting or gutting of seafood; and (b) the depuration of seafood; and (c) the shucking or peeling of seafood; and (d) the cooking, including steaming or boiling, of seafood; and (e) the brining of seafood; and (f) the smoking or crumbing of, or addition of other food to, seafood; and (g) the packing, treating, washing, freezing, refrigerating, canning or storing of seafood; seafood producer means a producer who engages in, or is proposing to engage in, the primary production of seafood; smoked or preserved seafood means seafood (other than live seafood) that has been smoked, cured, brined, or otherwise processed to be made suitable for human consumption without further heating or cooking, including – (a) hot or cold smoked seafood; and (b) canned seafood; and (c) pickled seafood; and (d) seafood pate; and (e) other similar ready-to-eat seafood; spat means the juvenile spawn of molluscs that are taken or cultivated for the sole purpose of growing on; taking, of seafood, means the capturing, picking, harvesting or collecting of seafood (other than the capturing, picking, harvesting or collecting of seafood from wet storage) and includes the capturing, picking, harvesting and collecting of seafood from an enclosure or pond used in marine farming; wet storage means the storage of live seafood in a tank, cistern or container that contains water and is not located in the sea or other natural water body; wet storage facility means any facility, installation or apparatus that is used to hold live seafood on premises (including a vehicle) for the purposes of wet storage or depuration (or both). (2) For the avoidance of doubt, a notice made under these regulations is not – (a) a statutory rule for the purposes of the Rules Publication Act 1953 ; or (b) subordinate legislation for the purposes of the Subordinate Legislation Act 1992 .