FOOD REGULATION 2015

New South Wales Consolidated Regulations

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FOOD REGULATION 2015

- Made under the Food Act 2003
- As at 8 December 2024
- Reg 622 of 2015

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

1. Name of Regulation
2. Commencement
3. Definitions

PART 2 - MISCELLANEOUS

4. Enforcement agencies
5. AUS-MEAT manual
6. Food safety auditor reports
7. Delegations
8. Offences
9. Penalty notice offences and penalties
10. Repeal and savings

PART 3 - FEES AND CHARGES

11. Improvement notice fee
12. Payment for sample
13. Fee for food safety auditor application
14. Charges for inspections of non-licensed food business
15. Annual administration charge
16. Payment of penalties and fines into Food Authority Fund--determination of maximum amount
17. Fee for application for change to register

PART 4 - FOOD SAFETY SUPERVISORS

Division 1 - Interpretation

18. Definitions

Division 2 - Food safety supervisor certificates

19. Food Authority may also issue food safety supervisor certificates
20. Qualifications for issue of food safety supervisor certificate
21. Form of food safety supervisor certificate
22. Charges for issue of food safety supervisor certificates

Division 3 - Approval of registered training organisations to issue food safety supervisor certificates

23. Approval of registered training organisations to issue food safety supervisor certificates
24. Condition of approval
25. Training qualifications
26. Duration of approval
27. Variation, suspension and cancellation of approvals

Division 4 - Miscellaneous

28. Definition of "prepackaged food"
29. Exemptions from Division 3 of Part 8 of the Act

PART 5 - REQUIREMENTS FOR DISPLAY OF NUTRITIONAL INFORMATION

30. Definitions
31. Definition of "prepackaged food"
32. Standard food outlets required to display nutritional information
33. Kinds of nutritional information required to be displayed
34. Kind of nutritional information voluntarily displayed that must comply with requirements
35. Locations for display of nutritional information
36. Manner of displaying nutritional information
37. Exemptions

PART 6 - PROVISIONS RELATING TO FOOD STANDARDS CODE

38. Modification of Food Standards Code
39. Notifications of food handling operations

PART 7 - FOOD SAFETY SCHEMES--GENERAL PROVISIONS

Division 1 - Interpretation

40. Definitions

Division 2 - Licensing of food businesses

41. Food business to be licensed
42. Application for licence
43. Issue of licences
44. Duration of licence
45. Additional conditions of licence
46. Variation of terms and conditions of licence
47. Suspension or cancellation of licence
48. Licence not transferable
49. Renewal of licence
50. Calculation and notification of licence fees and levies
51. Applicants to present vehicles for inspection
52. Vehicle labels
53. Display of licence

Division 3 - Food safety programs

54. Content of food safety program

Division 4 - Inspections and audits

55. Inspections and audits of food businesses
56. Approval for a food business to retain food safety auditor
57. Charges for inspections and audits

Division 5 - Review of decisions of Food Authority

58. Administrative review of decisions by Civil and Administrative Tribunal

PART 8 - DAIRY FOOD SAFETY SCHEME

Division 1 - Preliminary

59. Definitions
60. Dairy food safety scheme
61. Application of dairy food safety scheme to retail premises and food not intended for sale
62. Meaning of "dairy business"
63. Application of Food Standards Code to primary production of dairy products
64. Modification of the Food Standards Code

Division 2 - Requirements in relation to dairy products

65. Processing of dairy products
66. Milk for manufacture
67. Pasteuriser requirements
68. Milk to comply with certain requirements of Food Standards Code
68A. Sale, delivery and supply of raw milk products by any person

Division 3 - Sampling, analysis and records

69. Sampling and testing of milk by certain dairy businesses
70. Certain dairy businesses to undertake analyses of certain dairy products
71. Reports of analyses
72. Records to be kept by certain dairy businesses
73. Records to be kept by dairy produce stores

Division 4 - Miscellaneous

74. Establishment of Dairy Industry Consultative Committee
75. Licence fees for licences in respect of dairy businesses

PART 9 - MEAT FOOD SAFETY SCHEME

Division 1 - Preliminary

76. Definitions
77. Meat food safety scheme
78. Application of meat food safety scheme to certain vehicles and food not intended for sale
79. Meaning of "meat business"
80. Application of Food Standards Code to primary production of poultry
81. Modification of Food Standards Code
82. Slaughtering of certain animals and processing of certain meat for human consumption prohibited

Division 2 - Standards for operation of meat businesses

83. Standards for abattoirs
84. Standards for meat processing plants
85. Standards for game meat field depots
86. Standards for game meat primary processing plants
87. Standards for meat vans
88. Standards for game meat field harvesting vans
89. Standards for knackeries
90. Standards for rendering plants
91. Standards for animal food processing plants
92. Standards for animal food field depots
93. Standards for animal food vans
94. Standards for animal food field harvesting vans
95. Standards for meat retail premises

Division 3 - Requirements relating to branding and inspection of abattoir meat

96. Prescribed brands for abattoir meat
97. Removal of meat from abattoir
98. Marking of carcases
99. Positions and manner in which brands are to be applied
100. Identification systems for lamb and hogget meat

Division 4 - Requirements relating to branding and inspection of game meat

101. Prescribed brands for game meat
102. Removal of meat from game meat primary processing plant
103. Marking of carcases
104. Positions and manner in which brands are to be applied

Division 5 - Sale and storage of meat

105. Sale of meat for human consumption
106. Sale of meat for use as animal food
107. Storage of meat

Division 6 - Issue and use of brands for meat

108. Application for and issue of brands
109. Storage of brands
110. Lost, stolen or damaged brands
111. Resemblances to prescribed brands
112. Unauthorised branding of meat

Division 7 - Meat safety inspectors

113. Appointment of meat safety inspectors for abattoirs and game meat primary processing plants
114. Duty of meat safety inspector to report contraventions of Regulation
115. Revocation of approval of appointment of meat safety inspector

Division 8 - Sampling and analyses

116. Meat businesses to undertake analyses of certain meats, meat products, animal by-products and water
117. Reports of analyses

Division 9 - Miscellaneous

118. Establishment of Meat Industry Consultative Council
119. Licence fees for licences in respect of meat businesses

PART 10 - PLANT PRODUCTS FOOD SAFETY SCHEME

Division 1 - Preliminary

120. Definitions
121. Plant products food safety scheme
122. Application of plant products food safety scheme to retail premises and food not intended for sale
123. Application of plant products food safety scheme to fresh cut fruit and vegetables, seed sprouts and juices
124. Meaning of "plant products business"

Division 2 - Sampling and analyses

125. Plant products business to undertake analyses of plant products
126. Reports of analyses

Division 3 - Miscellaneous

127. Industry consultation
128. Licence fees for licences in respect of plant products businesses

PART 11 - SEAFOOD SAFETY SCHEME

Division 1 - Preliminary

129. Definitions
130. Seafood safety scheme
131. Application of seafood safety scheme to retail premises and food not intended for sale
132. Certain vessels excluded from Part
133. Meaning of "seafood"
134. Meaning of "seafood business"
135. Application of Food Standards Code to primary production of seafood
136. Modification of Food Standards Code

Division 2 - Additional licence requirements

137. Application requirements
138. Suspension or cancellation of licence

Division 3 - Sampling, analyses and records

139. Seafood businesses to undertake analyses of seafood
140. Reports of analyses
141. Records to be kept
142. Labelling of shellfish
143. Depuration of shellfish

Division 4 - New South Wales Shellfish Program

144. Establishment of New South Wales Shellfish Program
145. Establishment of NSW Shellfish Committee
146. Responsibilities of NSW Shellfish Committee
147. Appointment of local shellfish committees
148. Responsibilities of local shellfish committees
149. Provisions relating to members and procedure of committee
150. Funding of committees

Division 5 - Annual general licence fees

151. Annual general licence fees for seafood businesses

Division 6 - Licence fees and levies for State shellfish program

152. Payment of licence fees for shellfish harvesting, cultivating of shellfish, cultivating of spat or operation of depuration plant
153. Shellfish area service levy
154. Purposes for which licence fee or levy to be applied

Division 7 - Local shellfish program levy

155. Payment of annual local shellfish program levy
156. Calculation of annual local shellfish program levy

Division 8 - Miscellaneous

157. Establishment of New South Wales Seafood Industry Forum

PART 12 - VULNERABLE PERSONS FOOD SAFETY SCHEME

Division 1 - Preliminary

158. Vulnerable persons food safety scheme
159. Meaning of "vulnerable persons food business"
160. Modification of Food Standards Code

Division 2 - Sampling and analyses

161. Vulnerable persons food business to undertake analyses of food
162. Reports of analyses

Division 3 - Miscellaneous

163. Establishment of New South Wales Vulnerable Persons Food Safety Scheme Consultative Committee
164. Licence fees for licences in respect of vulnerable persons food businesses

PART 13 - EGG FOOD SAFETY SCHEME

Division 1 - Preliminary

165. Definitions
166. Egg food safety scheme
167. Application of egg food safety scheme to retail premises and food not intended for sale
168. Meaning of "egg business", "egg product" and "blended egg product mixture"
169. Application of Food Standards Code to primary production of eggs
170. Modification of Food Standards Code

Division 2 - Requirements relating to production, handling and sale of eggs, egg products and blended egg product mixtures

171. Sale of unpasteurised egg product and unpasteurised blended egg product mixture
172. Unpasteurised egg product not to be used in food for sale
173. Unpasteurised blended egg product mixture not to be used in food for sale
174. Sale and use of cracked eggs
175. Sale and processing of dirty eggs
176. Eggs for sale to be free of chemical contaminants
177. Method of pasteurisation of egg product
178. Method of pasteurisation of blended egg product mixture

Division 3 - Sampling and analyses

179. Egg businesses to undertake analyses of eggs, egg products, blended egg product mixtures and water
180. Reports of analyses
181. Records to be kept in relation to sale, purchase, transportation and storage of cracked eggs, unpasteurised egg products and unpasteurised blended egg product mixtures

Division 4 - Miscellaneous

182. Establishment of New South Wales Egg Industry Consultative Committee
183. Licence fees for licences in respect of egg businesses
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7

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