Food Production (Safety) Act 2000 - Queensland

Service summary

The main objectives of the Food Production (Safety) Act 2000 are:

a. to establish Safe Food Production Queensland (known as Safe Food);
b. to ensure the production of primary produce is carried out in a way that

  • makes the primary produce fit for human or animal consumption, and
  • maintains food quality; and

c. to provide for food safety measures for the production of primary produce consistent with other State laws relating to food safety.

The Act establishes Safe Food Production Queensland (known as Safe Food). The functions of Safe Food are as follows:

a. to regulate, under food safety schemes, the production of primary produce to ensure primary produce is safe for human and animal consumption;
b. to advise, or make recommendations to, the Minister about:

  • food safety matters relating to the production of primary produce
  • the development or implementation of food safety schemes;

c. to monitor the hygiene and operating procedures of premises, vehicles, plant and equipment used for production of primary produce;
d. to encourage businesses engaged in the production of primary produce:

  • to minimise food safety risks by developing and maintaining food safety programs, and
  • to develop and adopt quality assurance measures for the primary produce;

e. to approve or audit quality assurance mentioned above;
f. to approve food safety programs;
g. to grant accreditations;
h. to approve and train individuals to conduct audits to monitor compliance with food safety schemes;
i. to review audits mentioned above; and
j. to commission research relating to food safety matters for primary produce.

The Act provides for a system of accreditation whereby an accreditation authorises the Holder of Accreditation to produce primary produce:

a. stated in the accreditation, and
b. on the conditions stated in the accreditation and under this Act.

The accreditation does not authorise the holder of the accreditation to do anything prohibited under another Act.

An application for an accreditation must be:

a. in the approved form; and
b. accompanied by the following:

  • the prescribed fee
  • a description of the activities carried out, or proposed to be carried out, by the applicant in connection with the production of primary produce
  • a description of the premises, vehicle, plant or equipment used, or proposed to be used, by the applicant for the activities mentioned above
  • if the applicant is required under a food safety scheme to prepare and maintain a food safety program for the activities, a copy of the food safety program.

The Act also prescribes offences, penalties and appeal rights.

On commencement of Section 166A (1) of the Act, Safe Food stands in the place of the former Queensland Livestock and Meat Authority for all purposes of this Act.

A reference in this Act, another Act or document, to the authority must, if the context permits, be taken to be a reference to Safe Food.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Dairy produce
  • milk of a bovine animal, camel, goat or sheep, or other milk prescribed under a regulation, or
  • a product consisting substantially of milk, or milk solids and prescribed under a regulation to be a dairy produce (e.g. butter, cheese, yoghurt and flavoured milk).
Egg
  • egg means a bird egg;
  • egg product means all or part of the content of an egg in dried, frozen or liquid form.
Meat

meat is a raw food that is the whole or part of a killed animal.

Meat does not stop being meat merely because its nature is changed, other than by cooking, or it is mixed with another substance (e.g. marinated meat, meat rissoles, meat sausages, stir fry lamb mix).

Meat does not include small goods.

Primary produce
  1. food produced by the production of primary produce; or
  2. an animal, plant or other organism intended for human or animal consumption; or
  3. raw material taken from an animal, plant or other organism for food.

Primary produce does not include a raw material mentioned in (c) above unless the raw material is in substantially the same condition as when it was taken from the animal, plant or other organism. A whole apple is an example of a raw material in substantially the same condition as when it was taken from a plant.

Production of primary produce

includes the following:

  • the growing, cultivation, picking, harvesting, collection or catching of animals, plants or other organisms;
  • the transportation or delivery of primary produce;
  • the freezing, packaging, refrigeration, storage, treating or washing of primary produce;
  • the dismembering, filleting, peeling or shucking of seafood, or adding brine to seafood;
  • the boiling of crustaceans;
  • the pasteurisation or homogenisation of milk, or manufacturing of other dairy produce;
  • the making of small goods;
  • meat processing or rendering;
  • the processing of primary produce
    i) intended for consumption by a domestic animal; or
    ii) intended for consumption by another animal if the animal, or any part or product of the animal, is intended for human consumption.

The production of primary produce does not include a process, including, for example, manufacturing or canning, in which the nature of the primary produce is substantially changed.

Production of seafood

includes the following:

  • catching, collecting, cultivating, growing, harvesting or picking seafood;
  • handling, processing or transporting seafood, at any stage, from seafood premises to a retailer, commercial user of seafood or manufacturer of seafood;
  • freezing, packing, refrigerating, storing, treating or washing seafood;
  • dismembering, filleting, peeling or shucking seafood;
  • adding brine to seafood;
  • boiling crustaceans or shellfish;
  • supplying seafood from seafood premises.

Lodgement

Comply

Authorised officers have powers to monitor and enforce compliance with the Act.

These include entry, inspection and investigation of premises and vehicles and the powers to prohibit the use of equipment, to seize things for inspection purposes, to condemn product and order disposal of it.

An accreditation may be suspended or cancelled for non compliance with its conditions or for offences against the Act, which may also incur substantial fines.


Appeal

Appeal process

Lodgement

An appellant may appeal to QCAT for a review of the decisions made in relation to the person:

a. a person whose application for accreditation, or renewal of an accreditation, under Part 5 of the Act has been granted subject to a condition or refused;
b. a person whose accreditation is amended, suspended or cancelled under Section 53(4);
c. a person whose application for approval, or renewal of an approval, as an auditor under Part 6 has been granted subject to a condition or refused; and
d. a person whose approval as an auditor is amended, suspended or cancelled under Section 68(4).


Administering agency

Minister for Agriculture and Fisheries
Safe Food Production Queensland

Regulation(s) name

Food Production (Safety) Regulation 2014 (Queensland)

Contact details

Brisbane
Minister for Agriculture and Fisheries
Safe Food Production Queensland


Operating address:
Level 1
12 Helen Street
Newstead, Queensland 4006
Mailing address:
PO Box 440
Spring Hill, Queensland 4004

Phone:

07 3253 9800

Phone:

1800 300 815
info@safefood.qld.gov.au

Supporting information

Disclaimer

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