South Australian Current Regulations

PRIMARY PRODUCE (FOOD SAFETY SCHEMES) (SEAFOOD) REGULATIONS 2017 - REG 9

9—Specific requirements

        (1)         An accredited producer must ensure that the following requirements are complied with in respect of bivalve mollusc production activities:

            (a)         bivalve molluscs of a particular species (other than spat) must not be sold or supplied for human consumption unless they have been harvested for that purpose from a part of an approved area that is open in respect of the species;

            (b)         bivalve molluscs of a particular species (other than spat) must not be brought into an approved area unless, immediately before being brought into the area, they were taken from—

                  (i)         another approved area; or

                  (ii)         a part of a restricted area that is open in respect of the species;

            (c)         bivalve molluscs of a particular species taken from a part of an approved area that is closed in respect of the species, or from a part of a restricted area that is open in respect of the species, must not be brought into an approved area except in accordance with a written authorisation (a "relaying authorisation") granted to the producer by the Minister and, while in the approved area, the molluscs—

                  (i)         must be kept in an area that is clearly marked as a relaying area; and

                  (ii)         must be adequately separated from other bivalve molluscs so as to avoid cross contamination; and

                  (iii)         must be subjected to a process for the reduction of pathogenic organisms or contaminants,

in accordance with the relaying authorisation;

            (d)         bivalve molluscs must not be kept in wet storage except in accordance with a written authorisation (a "wet storage authorisation") granted to the producer by the Minister;

            (e)         bivalve molluscs that have been kept in wet storage must not be sold or supplied for human consumption unless the water in which the molluscs have been stored has been tested as required by the wet storage authorisation and found to be suitable as specified by the authorisation;

            (f)         the producer must, in accordance with a request of the Minister, supply bivalve molluscs and water samples for testing and facilitate the taking of bivalve molluscs or water samples on behalf of the Minister;

            (g)         bivalve molluscs harvested for human consumption by or on behalf of the producer on the same date from the same approved area must be stored and handled in a manner that ensures that they can be readily distinguished from bivalve molluscs harvested on a different date or from a different area and must, before being sold or supplied to another, be placed in a container labelled with—

                  (i)         the name of the producer; and

                  (ii)         the number of the producer's accreditation; and

                  (iii)         if the producer holds an aquaculture licence—the number of the licence; and

                  (iv)         if the producer holds a fishery licence—the number of the licence; and

                  (v)         the date on which the bivalve molluscs were harvested; and

                  (vi)         details identifying the approved area from which the bivalve molluscs were harvested;

            (h)         bivalve molluscs farmed by an accredited producer who is exempt from the requirement to have an approved food safety arrangement must not be sold or supplied for human consumption unless the molluscs have been moved to the licence area of another accredited producer who farms bivalve molluscs under an aquaculture licence for further development prior to the molluscs being harvested;

                  (i)         if there is reason to believe that bivalve molluscs are unsafe or unsuitable as food within the meaning of the Food Act 2001 , the producer must immediately notify the Minister.

        (2)         Subregulation (1)(a) does not apply to scallops if only the adductor muscle of the scallops is sold or supplied for human consumption.

        (3)         The Minister may, either by notice in the Gazette or by written notice to accredited producers who are authorised to farm or take bivalve molluscs in the area—

            (a)         classify an area as an approved area or a restricted area;

            (b)         specify the period during the year when the area or parts of the area will be open (and if the Minister does not specify a period, the area will be taken to be open throughout the year);

            (c)         specify the species for which the area will be open (and if the Minister does not specify a species, the area will be taken to be open in respect of all species);

            (d)         temporarily close an approved area or restricted area or part of an approved area or restricted area absolutely or in respect of specified species.

        (4)         The Minister may, by subsequent notice in the Gazette or by written notice to accredited producers who are authorised to farm or take bivalve molluscs in the area, vary or revoke a notice under subregulation (3).