Northern Territory Consolidated Acts

FOOD ACT 2004 - SECT 9

    (1)     In this Act:

"primary food production" means growing, raising, cultivating, picking, harvesting, collecting or catching food, and includes the following activities:

        (a)     transporting or delivering food on, from or between the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught;

        (b)     packing, treating (for example washing) or storing food on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught;

        (c)     storing food in a silo that is not connected with a food processing operation and transporting or delivering food from, between or to such silos;

        (d)     selling livestock at saleyards and transporting livestock to and from saleyards;

        (e)     any other food production activity that is regulated by or under a prescribed Act.

    (2)     However, "primary food production" does not include:

        (a)     a process involving the substantial transformation of food (for example manufacturing or canning), regardless of whether the process is carried out on the premises on which the food was grown, cultivated, picked, harvested, collected or caught;

        (b)     selling or servicing food directly to the public; or

        (c)     any other prescribed food production activity.

Note: Section 9(2)(c) enables regulations to be made prescribing food production activities that are not included in the definition of primary food production. A regulation might be made, for example, to prescribe a food production activity in relation to which significant and unmanaged food safety hazards have been identified.