Australia New Zealand Food Standards Code—Amendment No. 210
The following instruments are separate instruments in the Federal Register of Legislation and are known collectively in the Food Standards Gazette as Amendment No. 210.
The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The variation commences on the date specified in clause 3 of this variation.
Dated 9 August 2022.
MATTHEW O’MULLANE, Delegate of the Board of Food Standards Australia New Zealand.
|
Note: This variation will be published in the Commonwealth of Australia Gazette No. FSC 150 on 12 August 2022. This means that this date is the gazettal date for the purposes of clause 3 of the variation. |
This instrument is the Food Standards (Proposal P1030 – Composition and Labelling of Electrolyte Drinks) Variation.
The Schedule varies Standards in the Australia New Zealand Food Standards Code.
The variation commences on the date of gazettal.
(1) Section 1.1.1—9 of Standard 1.1.1 does not apply to the variations made by this instrument.
(2) During the transition period, a food product may be sold if the food product complies with one of the following:
(a) the Code as in force without the variations made by this instrument; or
(b) the Code as amended by the variations made by this instrument.
(3) For the purposes of this clause, transition period means the period commencing on the variation’s date of commencement and ending 24 months after the date of commencement.
Schedule
[1] Standard 1.1.2 is varied by omitting the definition of ‘electrolyte drink’ in subsection 1.1.2—3(2), substituting
electrolyte drink means a drink formulated for the rapid replacement of fluid, carbohydrate and electrolytes during or after 60 minutes or more of sustained strenuous physical activity.
[2] Standard 1.2.1 is varied by omitting paragraph 1.2.1—8(1)(t), substituting
(t) the declarations and other information required for electrolyte drinks and for electrolyte drink bases (see Standard 2.6.2);
[3] Standard 2.6.2 is varied by
[3.1] inserting after Note 2 to the Standard
[3.2] omitting section 2.6.2—2, substituting
Note 1 In this Code (see section 1.1.2—2):
average quantity, of a substance in a food, means the average, for such foods from that producer or manufacturer, of:
(a) where a serving or reference amount is specified—the amount of the substance that such a serving or reference amount contains; or
(b) otherwise—the proportion of that substance in the food, expressed as a percentage.
Note See also section 1.1.1—6.
claim means an express or implied statement, representation, design or information in relation to a food or a property of food which is not mandatory in this Code.
claim requiring nutrition information:
(a) means:
(i) a nutrition content claim; or
(ii) a health claim; and
(b) does not include:
(i) a declaration that is required by an application Act; or
(ii) an endorsement; or
(iii) a *prescribed beverage gluten free claim.
health claim means a claim which states, suggests or implies that a food or a property of food has, or may have, a health effect.
Note See also subsection 2.10.2—8(3).
package:
(a) means any container or wrapper in or by which food for sale is wholly or partly encased, covered, enclosed, contained or packaged; and
(b) if food is carried or sold or intended to be carried and sold in more than one package—includes each package; and
(c) does not include:
(i) a *bulk cargo container; or
(ii) a pallet overwrap; or
(iii) a crate and packages which do not obscure labels on the food; or
(iv) a transportation vehicle; or
(v) a vending machine; or
(vi) a hamper; or
(vii) a container or wrapper (including a covered plate, cup, tray or other food container) in which food is served in a prison, hospital or *medical institution; or
(viii) for Standard 2.9.5—a covered plate, cup, tray or other food container in which food for special medical purposes is served by a *responsible institution to a patient or resident.
prescribed name, of a particular food, means a name declared by a provision of this Code to be the prescribed name of the food.
Note Under the labelling provisions in Standard 1.2.1 and section 1.2.2—2, if a food has a prescribed name, it must be used in the labelling of the food.
property of food means a *component, ingredient, constituent or other feature of food.
small package means a package with a surface area of less than 100 cm2.
sugars:
(a) in Standard 1.2.7, Standard 1.2.8 and Schedule 4 (except where it appears with an asterisk as ‘sugars*’)—means monosaccharides and disaccharides; and
(b) otherwise—means any of the following products, derived from any source:
(i) hexose monosaccharides and disaccharides, including dextrose, fructose, sucrose and lactose;
(ii) starch hydrolysate;
(iii) glucose syrups, maltodextrin and similar products;
(iv) products derived at a sugar refinery, including brown sugar and molasses;
(v) icing sugar;
(vi) invert sugar;
(vii) fruit sugar syrup;
but does not include:
(i) malt or malt extracts; or
(ii) sorbitol, mannitol, glycerol, xylitol, polydextrose, isomalt, maltitol, maltitol syrup, erythritol or lactitol.
Note Sugar is defined differently—see section 1.1.2—3.
unit quantity means:
(a) for a food that is a solid or semi-solid food—100 grams; or
(b) for a food that is a beverage or other liquid food—100 millilitres.
Note 2 In this Code (see section 1.1.2—3):
brewed soft drink means a food that:
(a) is the product prepared by a fermentation process from water with sugar and one or more of:
(i) fruit extractives or infusions; or
(ii) vegetable extractives or infusions; and
(b) contains no more than 1.15% alcohol by volume.
electrolyte drink means a drink formulated for the rapid replacement of fluid, carbohydrate and electrolytes during or after 60 minutes or more of sustained strenuous physical activity.
electrolyte drink base means a solid or liquid which, when made up, makes an electrolyte drink.
formulated beverage means a non-carbonated, ready-to-drink, flavoured beverage that:
(a) is water-based; and
(b) contains added vitamins or minerals or both vitamins and minerals; and
(c) contains no more than 240 mL/L of fruit from one or more of the following sources:
(i) fruit juice;
(ii) fruit purée;
(iii) concentrated fruit juice;
(iv) concentrated fruit purée;
(v) *comminuted fruit;
(vi) orange peel extract; and
(d) contains no more than 75 g/L of sugars; and
(e) does not contain:
(i) carbon dioxide; or
(ii) caffeine; and
(f) is not mixed with any other beverage.
fruit drink means a product that is prepared from:
(a) one or more of the following:
(i) fruit juice;
(ii) fruit purée;
(iii) concentrated fruit juice;
(iv) concentrated fruit purée;
(v) *comminuted fruit;
(vi) orange peel extract; and
(b) one or more of the following:
(i) water;
(ii) mineralised water; and
(iii) sugars.
mineral water or spring water means ground water obtained from subterranean water-bearing strata that, in its natural state, contains soluble matter.
non-alcoholic beverage:
(a) means:
(i) packaged water; or
(ii) a water-based beverage, or a water-based beverage that contains other foods (other than alcoholic beverages); or
(iii) an electrolyte drink; and
(b) does not include a brewed soft drink.
sugar means, unless otherwise expressly stated, any of the following:
(a) white sugar;
(b) caster sugar;
(c) icing sugar;
(d) loaf sugar;
(e) coffee sugar;
(f) raw sugar.
Note 3 In this Code (see subsection 1.1.2—9(1))
nutrition content claim means a claim that:
(a) is about:
(i) the presence or absence of any of the following:
(A) *biologically active substance;
(B) *dietary fibre;
(C) energy;
(D) minerals;
(E) potassium;
(F) protein;
(G) *carbohydrate;
(H) ‘fat’;
(I) the components of any one of protein, carbohydrate or ’fat’;
(J) *salt;
(K) sodium;
(L) vitamins; or
(ii) *glycaemic index or glycaemic load; and
(b) does not refer to the presence or absence of alcohol; and
(c) is not a *health claim.
Note See also subsections 2.6.2—5(4) and 2.10.2—8(3).
[3.3] inserting after section 2.6.2—5
[3.4] omitting sections 2.6.2—9 to 2.6.2—13 inclusive, substituting
A food sold as a formulated beverage must be a formulated beverage.
Definitions
(1) In this Division:
Prescribed electrolyte means any of the following:
(a) sodium;
(b) potassium;
(c) calcium;
(d) magnesium;
(e) chloride.
Interpretation of compositional and declaration requirements
(2) For an electrolyte drink base, the compositional and declaration requirements in this Division apply to an electrolyte drink base as ready to drink.
(1) A food that is sold as an electrolyte drink or an electrolyte drink base must be an electrolyte drink or an electrolyte drink base, as appropriate.
(2) An electrolyte drink or electrolyte drink base must contain:
(a) no less than 10 mmol/L of sodium; and
(b) no less than 20 g/L and no more than 100 g/L in total of the following:
(i) dextrose;
(ii) fructose;
(iii) glucose syrup;
(iv) maltodextrin;
(v) sucrose; and
(c) no more than 50% of total carbohydrate as fructose.
(3) An electrolyte drink or electrolyte drink base may contain:
(a) calcium phosphates;
(b) potassium phosphates;
(c) calcium citrates;
(d) potassium citrates;
(e) sodium citrates;
(f) potassium carbonates, including potassium bicarbonate;
(g) potassium chloride;
(h) calcium chloride;
(i) sodium chloride;
(j) calcium lactate;
(k) magnesium lactate;
(l) magnesium sulphate.
(1) ‘Electrolyte drink’ is a *prescribed name for an electrolyte drink and an electrolyte drink base.
(2) For the labelling provisions, the following information is required:
(a) the recommended volume and frequency of use; and
(b) the nutrition information panel must also declare the *average quantity per serving and per *unit quantity of:
(i) each type of monosaccharide present; and
(ii) each type of disaccharide present; and
(iii) subject to subsection (3), each prescribed electrolyte present (other than sodium), expressed in milligrams or both milligrams and millimoles.
| Note 1: | The labelling provisions are set out in Standard 1.2.1. |
| Note 2: | Section 1.2.8—5 provides that packaged food (unless exempted) must include a nutrition information panel (NIP). Standard 1.2.8 also contains other requirements relating to NIPs e.g. what information must be included and how to express that information in a NIP (see sections 1.2.8—6 and 1.2.8—7). The requirements set out in paragraph 2.6.2—12(2)(b) are in addition to those other requirements. |
| Note 3: | Subparagraph 1.2.8—6(1)(d)(iii) requires that a nutrition information panel must contain (among other information) the average quantity of sodium, expressed in milligrams or both milligrams and millimoles for a serving of the food and a unit quantity of the food. |
(3) Subparagraph 2.6.2—12(2)(b)(iii) applies only in relation to an electrolyte drink or an electrolyte drink base to which a substance listed in subsection 2.6.2—11(3) has been added.
(1) This section applies to an electrolyte drink or electrolyte drink base:
(a) that is in a *small package; and
(b) about which a *claim requiring nutrition information is made; and
(c) the claim relates to a prescribed electrolyte.
(2) For the labelling provisions, the required information includes the *average quantity per serving of each prescribed electrolyte present, expressed in milligrams or both milligrams and millimoles.
| Note 1: | The labelling provisions are set out in Standard 1.2.1. |
| Note 2: | The requirements of this subsection are in addition to the requirements set out in section 1.2.8—14. Section 1.2.8—14 sets out requirements for food for sale in a small package where a claim requiring nutrition information is made in relation to the food. |
(3) Paragraph 1.2.8—14(1)(b) does not apply to a *claim requiring nutrition information that is made about a prescribed electrolyte.
| Note: | Paragraph 1.2.8—14(1)(b) sets out nutrition information requirements for food for sale in a small package where a claim requiring nutrition information is made about a matter listed in Column 1 of the table to section S13—2 (such as sodium or a mineral with a Recommended Dietary Intake (RDI)). |
(1) An *RDI must not be stated or declared in relation to an electrolyte drink or electrolyte drink base.
(2) Section 1.2.8—9 does not apply to an electrolyte drink or electrolyte drink base.
| Note: | Section 1.2.8—9 relates to minerals with an RDI (among other things). Some of the substances listed as ‘prescribed electrolytes’ in section 2.6.2—10 are also minerals with an RDI for the purposes of section 1.2.8—9 e.g. calcium and magnesium (see also the table to section S1—3). |
(1) A nutrition content claim must not be made about an electrolyte drink or electrolyte drink base unless:
(a) subject to paragraph (2)(b), the claim is made in accordance with Division 4 of Standard 1.2.7; and
(b) the claim is about any of the following:
(i) sugar or sugars; or
(ii) carbohydrate; or
(iii) energy; or
(iv) the presence of one or more prescribed electrolytes.
(2) If a nutrition content claim is made under subparagraph (1)(b)(iv):
(a) the claim must only state that the electrolyte drink or electrolyte drink base contains one or both of the following:
(i) electrolytes;
Example: Contains electrolytes.
(ii) a prescribed electrolyte that is present in the food, provided that the claim also states that the prescribed electrolyte is an electrolyte; and
Example: This food contains the electrolytes: calcium and sodium.
(b) any conditions for nutrition content claims in Standard 1.2.7 that relate to a prescribed electrolyte present in the food do not apply to the nutrition content claim.
(1) Standard 1.2.7 does not apply to a *health claim made about an electrolyte drink or electrolyte drink base.
(2) A *health claim must not be made about an electrolyte drink or electrolyte drink base unless:
(a) the food has an average osmolality of 200–340 mOsmol/kg; and
(b) the claim is about any of the following:
(i) rapid rehydration in association with words to the effect of ‘after at least 60 minutes or more of strenuous physical activity’;
(ii) rapid hydration in association with words to the effect of ‘during at least 60 minutes or more of strenuous physical activity’;
(iii) contribution to the maintenance of performance by rapid hydration in association with words to the effect of ‘during at least 60 minutes or more of strenuous physical activity’.
(3) In a *health claim made under subsection (2), the amount of time must be expressed only as a quantifiable amount of time.
Examples: ’60 minutes’ or ’sixty minutes’; ‘1 hour’ or ‘one hour’.
(4) Subject to subsection (3), nothing in this section is to be taken to prescribe the words that must be used when making a *health claim under this section.
Example: ‘exercise’ instead of ‘physical activity’.
(1) A claim that an electrolyte drink is isotonic may only be made if the electrolyte drink has an average osmolality of 250–340 mOsmol/kg.
(2) For the labelling provisions, for an electrolyte drink about which a claim is made that the drink is isotonic, hypertonic or hypotonic, the following information is required—a declaration of the osmolality of the electrolyte drink, expressed in mOsm/L.
Note: The labelling provisions are set out in Standard 1.2.1.
Subsection 1.2.8—6(12) does not apply to a *claim requiring nutrition information that is made in relation to salt or sodium in an electrolyte drink or electrolyte drink base.
| Note : | Subsection 1.2.8—6(12) provides that, if a claim requiring nutrition information is made in relation to salt or sodium in a food product, the nutrition information panel for that product must include a declaration of the average quantity of potassium in accordance with section S12—3. |
The Board of Food Standards Australia New Zealand gives notice of the making of this Standard under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on a date 30 months after the date of gazettal.
Dated 9 August 2022.
RENEE SOBOLEWSKI, Delegate of the Board of Food Standards Australia New Zealand.
|
Note: This Standard will be published in the Commonwealth of Australia Gazette No. FSC 150 on 12 August 2022. This means that this date is the gazettal date for the purposes of the above notice. |
| Note 1 | This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3. |
| Note 2 | This Standard applies in Australia only. |
This Standard is Australia New Zealand Food Standards Code – Standard 4.2.7 – Primary Production and Processing Standard for Berries.
| Note | Commencement: This Standard commences on a date 30 months after the date of gazettal, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act. |
In this Standard:
berries means fresh berries; and includes strawberries, blueberries, and berries from the genus Rubus.
growing site means any site used to grow berries; and includes an open, partially enclosed or enclosed planting area.
harvest means all activities related to the collection and removal of berries from a growing site; and includes picking, cutting, field packing (including packaging for retail sale), and transport from the growing site to the next step in the supply chain.
premises and equipment means equipment, infrastructure, structures and vehicles that:
(a) are used by a primary horticulture producer or by a primary horticulture processor; and
(b) have direct or indirect contact with berries.
primary horticulture producer means a business, enterprise or activity that involves the growing and/or harvesting of berries.
primary horticulture processor means a business, enterprise or activity that involves one or more of the following activities in relation to berries that have been harvested:
(a) washing;
(b) trimming;
(c) sorting;
(d) sanitising;
(e) storing;
(f) combining harvested berries;
(g) packing; and
(h) transport between primary processing premises.
relevant activity means:
(a) in relation to a primary horticulture producer, the growing and/or harvesting of berries; and
(b) in relation to a primary horticulture processor, any of the following:
(i) washing harvested berries;
(ii) trimming harvested berries;
(iii) sorting harvested berries;
(iv) sanitising harvested berries;
(v) storing harvested berries;
(vi) combining harvested berries;
(vii) packing harvested berries; and
(viii) transporting harvested berries between primary processing premises.
Note 1 In this Code (see section 1.1.2—2(3) of Standard 1.1.2)
relevant authority means an authority responsible for the enforcement of the relevant application Act
Note 2 In this Chapter (see clause 1 of Standard 4.1.1):
inputs includes any feed, litter, water (including recycled water), chemicals or other substances used in, or in connection with, the primary production or processing activity.
Note 3 Clause 3 of Standard 4.1.1 sets out when a food will be unacceptable for the purposes of this Standard.
(1) This Standard applies to primary horticulture producers and to primary horticulture processors in Australia.
(2) This Standard does not apply to the retail sale of berries.
(3) This Standard does not apply to manufacturing of harvested berries which includes the cooking, freezing, drying, preserving, blending or juicing of harvested berries or the addition of other foods to harvested berries.
(1) A primary horticulture producer and a primary horticulture processor must provide the specified information to the relevant authority before engaging in a relevant activity.
(2) In this section, specified information means the following information:
(a) the contact details of the primary horticulture producer or the primary horticulture processor, including the name of their business and the name and business address of the proprietor of their business;
(b) a description of the activities the primary horticulture producer or the primary horticulture processor will undertake in relation to berries; and
(c) the location or locations of each activity referred to in paragraph (b) that is within the jurisdiction of the relevant authority.
(3) A primary horticulture producer and a primary horticulture processor must notify the relevant authority of any proposed change to specified information provided to a relevant authority in accordance with this section before that change occurs.
A primary horticulture producer and a primary horticulture processor must have in place a system that can identify:
(a) the growing site of berries which they grew or received; and
(b) from whom berries were received; and
(c) to whom berries were supplied.
A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that any of the following inputs do not make berries unacceptable:
(a) soil;
(b) soil amendments (including manure, human biosolids, compost, and plant bio waste);
(c) fertiliser; and
(d) water.
(1) A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that premises and equipment are designed, constructed, maintained and operated in a way that:
(a) allows for effective cleaning and sanitisation of the premises and equipment; and
(b) does not make berries unacceptable.
(2) A primary horticulture producer and a primary horticulture processor must ensure that premises and equipment are kept clean, sanitised and in good repair to the extent required to ensure that berries are not made unacceptable.
A primary horticulture producer and a primary horticulture processor must ensure that persons who engage in a relevant activity, or who supervise a person who engages in a relevant activity, have:
(a) knowledge of food safety and food hygiene matters; and
(b) skills in food safety and food hygiene matters
commensurate with their work.
A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that personnel and visitors exercise personal hygiene and health practices that do not make berries unacceptable.
A primary horticulture producer and a primary horticulture processor must not sell or supply berries for human consumption if they ought reasonably know, or ought reasonably suspect, that the berries are unacceptable.
The Board of Food Standards Australia New Zealand gives notice of the making of this Standard under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on a date 30 months after the date of gazettal.
Dated 9 August 2022.
RENEE SOBOLEWSKI, Delegate of the Board of Food Standards Australia New Zealand.
|
Note: This Standard will be published in the Commonwealth of Australia Gazette No. FSC 150 on 12 August 2022. This means that this date is the gazettal date for the purposes of the above notice. |
| Note 1 | This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3. |
| Note 2 | This Standard applies in Australia only. |
This Standard is Australia New Zealand Food Standards Code – Standard 4.2.8 – Primary Production and Processing Standard for Leafy Vegetables.
| Note | Commencement: This Standard commences on a date 30 months after the date of gazettal, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act. |
In this Standard:
leafy vegetables means vegetables of a leafy nature where the leaf is consumed raw; and includes baby leaves, lettuce, and leafy herbs; and does not include seed sprouts.
growing site means any site used to grow leafy vegetables; and includes an open, partially enclosed or enclosed planting area.
harvest means all activities related to the collection and removal of leafy vegetables from a growing site; and includes picking, cutting, field packing (including packaging for retail sale), and transport from the growing site to the next step in the supply chain.
premises and equipment means equipment, infrastructure, structures and vehicles that:
(a) are used by a primary horticulture producer or by a primary horticulture processor; and
(b) have direct or indirect contact with leafy vegetables.
primary horticulture producer means a business, enterprise or activity that involves the growing and/or harvesting of leafy vegetables.
primary horticulture processor means a business, enterprise or activity that includes one or more of the following activities in relation to leafy vegetables that have been harvested:
(a) washing;
(b) trimming;
(c) sorting;
(d) sanitising;
(e) storing;
(f) combining harvested leafy vegetables;
(g) packing; and
(h) transport between primary processing premises.
relevant activity means:
(a) in relation to a primary horticulture producer, the growing and/or harvesting of leafy vegetables; and
(b) in relation to a primary horticulture processor, any of the following:
(i) washing harvested leafy vegetables;
(ii) trimming harvested leafy vegetables;
(iii) sorting harvested leafy vegetables;
(iv) sanitising harvested leafy vegetables;
(v) storing harvested leafy vegetables;
(vi) combining harvested leafy vegetables;
(vii) packing harvested leafy vegetables; and
(viii) transporting harvested leafy vegetables between primary processing premises.
| Note 1 |
In this Chapter (see clause 1 of Standard 4.1.1): general food safety management requirements means the requirements in Division 2 of Standard 4.1.1. inputs includes any feed, litter, water (including recycled water), chemicals or other substances used in, or in connection with, the primary production or processing activity. |
| Note 2 | Clause 3 of Standard 4.1.1 sets out when a food will be unacceptable for the purposes of this Standard. |
(1) This Standard applies to primary horticulture producers and to primary horticulture processors in Australia.
(2) This Standard does not apply to the retail sale of leafy vegetables.
(3) This Standard does not apply to manufacturing of harvested leafy vegetables which includes the cooking, freezing, drying, preserving, blending or juicing of harvested leafy vegetables or the addition of other foods to harvested leafy vegetables.
A primary horticulture producer and a primary horticulture processor must comply with the general food safety management requirements.
A primary horticulture producer and a primary horticulture processor must have in place a system that can identify:
(a) from whom leafy vegetables were received; and
(b) to whom leafy vegetables were supplied.
A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that any of the following inputs do not make leafy vegetables unacceptable:
(a) seeds;
(b) seedlings;
(c) soil;
(d) soil amendments (including manure, human biosolids, compost, and plant bio waste);
(e) fertiliser; and
(f) water.
A primary horticulture producer must take all reasonable measures to ensure that a growing site is located, designed, constructed, maintained and operated such that leafy vegetables are not made unacceptable.
A primary horticulture producer and a primary horticulture processor must take appropriate remedial action to ensure that leafy vegetables adversely affected by weather conditions are not unacceptable.
(1) A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that premises and equipment are designed, constructed, maintained and operated in a way that:
(a) allows for effective cleaning and sanitisation of the premises and equipment; and
(b) does not make leafy vegetables unacceptable.
(2) A primary horticulture producer and a primary horticulture processor must ensure that premises and equipment are kept clean, sanitised and in good repair to the extent required to ensure that leafy vegetables are not made unacceptable.
A primary horticulture producer and a primary horticulture processor must keep harvested leafy vegetables at a temperature that does not make the leafy vegetables unacceptable.
A primary horticulture processor must take all reasonable measures to ensure that:
(a) visible extraneous material on harvested leafy vegetables is removed; and
(b) any washing or sanitising of harvested leafy vegetables does not make the leafy vegetables unacceptable.
A primary horticulture producer and a primary horticulture processor must take all reasonable measures to minimise the presence of animals, vermin and pests in growing sites, and in premises and equipment, to ensure that leafy vegetables are not made unacceptable.
A primary horticulture producer and a primary horticulture processor must ensure that persons who engage in a relevant activity, or who supervise a person who engages in a relevant activity, have:
(a) knowledge of food safety and food hygiene matters; and
(b) skills in food safety and food hygiene matters
commensurate with their work.
A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that personnel and visitors exercise personal hygiene and health practices that do not make leafy vegetables unacceptable.
A primary horticulture producer and a primary horticulture processor must not sell or supply leafy vegetables for human consumption if they ought reasonably know, or ought reasonably suspect, that the leafy vegetables are unacceptable.
The Board of Food Standards Australia New Zealand gives notice of the making of this Standard under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on a date 30 months after the date of gazettal.
Dated 9 August 2022.
RENEE SOBOLEWSKI, Delegate of the Board of Food Standards Australia New Zealand.
|
Note: This Standard will be published in the Commonwealth of Australia Gazette No. FSC 150 on 12 August 2022. This means that this date is the gazettal date for the purposes of the above notice. |
| Note 1 | This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3. |
| Note 2 | This Standard applies in Australia only. |
This Standard is Australia New Zealand Food Standards Code – Standard 4.2.9 – Primary Production and Processing Standard for Melons.
| Note | Commencement: This Standard commences on a date 30 months after the date of gazettal, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act. |
In this Standard:
melons means fresh melons; and includes watermelon, rockmelon, honeydew melon, and piel de sapo.
growing site means any site used to grow melons; and includes an open, partially enclosed or enclosed planting area.
harvest means all activities related to the collection and removal of melons from a growing site; and includes picking, cutting, field packing (including packaging for retail sale), and transport from the growing site to the next step in the supply chain.
premises and equipment means equipment, infrastructure, structures and vehicles that:
(a) are used by a primary horticulture producer and a primary horticulture processor; and
(b) have direct or indirect contact with melons.
primary horticulture producer means a business, enterprise or activity that involves the growing and/or harvesting of melons.
primary horticulture processor means a business, enterprise or activity that involves one or more of the following activities in relation to melons that have been harvested:
(a) washing;
(b) trimming;
(c) sorting;
(d) sanitising;
(e) storing;
(f) combining harvested melons;
(g) packing; and
(h) transport between primary processing premises.
relevant activity means:
(a) in relation to a primary horticulture producer, the growing and/or harvesting of melons; and
(b) in relation to a primary horticulture processor, any of the following:
(i) washing harvested melons;
(ii) trimming harvested melons;
(iii) sorting harvested melons;
(iv) sanitising harvested melons;
(v) storing harvested melons;
(vi) combining harvested melons;
(vii) packing harvested melons; and
(viii) transporting harvested melons between primary processing premises.
| Note 1 |
In this Chapter (see clause 1 of Standard 4.1.1): general food safety management requirements means the requirements in Division 2 of Standard 4.1.1. inputs includes any feed, litter, water (including recycled water), chemicals or other substances used in, or in connection with, the primary production or processing activity. |
| Note 2 | Clause 3 of Standard 4.1.1 sets out when a food will be unacceptable for the purposes of this Standard. |
(1) This Standard applies to primary horticulture producers and to primary horticulture processors in Australia.
(2) This Standard does not apply to the retail sale of melons.
(3) This Standard does not apply to manufacturing of harvested melons which includes the cooking, freezing, drying, preserving, blending or juicing of harvested melons or the addition of other foods to harvested melons.
A primary horticulture producer and a primary horticulture processor must comply with the general food safety management requirements.
A primary horticulture producer and a primary horticulture processor must have in place a system that can identify:
(a) from whom melons were received; and
(b) to whom melons were supplied.
A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that any of the following inputs do not make the melons unacceptable:
(a) soil;
(b) soil amendments (including manure, human biosolids, compost, and plant bio waste);
(c) fertiliser; and
(d) water.
A primary horticulture producer must take all reasonable measures to ensure that a growing site is located, designed, constructed, maintained and operated such that melons are not made unacceptable.
A primary horticulture producer and a primary horticulture processor must take appropriate remedial action to ensure that melons adversely affected by weather conditions are not unacceptable.
(1) A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that premises and equipment are designed, constructed, maintained and operated in a way that:
(a) allows for effective cleaning and sanitisation of the premises and equipment; and
(b) does not make melons unacceptable.
(2) A primary horticulture producer and a primary horticulture processor must ensure that premises and equipment are kept clean, sanitised and in good repair to the extent required to ensure that melons are not made unacceptable.
A primary horticulture producer and a primary horticulture processor must keep harvested melons at a temperature that does not make the melons unacceptable.
A primary horticulture processor must take all reasonable measures to ensure that:
(a) visible extraneous material on harvested melons is removed; and
(b) any washing or sanitising of harvested melons does not make the melons unacceptable.
A primary horticulture producer and a primary horticulture processor must take all reasonable measures to minimise the presence of animals, vermin and pests in growing sites, and in premises and equipment, to ensure that melons are not made unacceptable.
A primary horticulture producer and a primary horticulture processor must ensure that persons who engage in a relevant activity, or who supervise a person who engages in a relevant activity, have:
(c) knowledge of food safety and food hygiene matters; and
(d) skills in food safety and food hygiene matters
commensurate with their work.
A primary horticulture producer and a primary horticulture processor must take all reasonable measures to ensure that personnel and visitors exercise personal hygiene and health practices that do not make melons unacceptable.
A primary horticulture producer and a primary horticulture processor must not sell or supply melons for human consumption if they ought reasonably know, or ought reasonably suspect, that the melons are unacceptable.
The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The variation commences on the date specified in clause 3 of this variation.
Dated 9 August 2022.
RENEE SOBOLEWSKI, Delegate of the Board of Food Standards Australia New Zealand.
|
Note: This variation will be published in the Commonwealth of Australia Gazette No. FSC 150 on 12 August 2022. This means that this date is the gazettal date for the purposes of the above notice. |
This instrument is the Food Standards (Proposal P1052 – Primary Production and Processing Requirements for Horticulture (Berries, Leafy Vegetables and Melons) – Consequential Amendments) Variation.
The Schedule varies a Standard in the Australia New Zealand Food Standards Code.
The Variation commences immediately after all of the following Standards have commenced:
(a) Standard 4.2.7;
(b) Standard 4.2.8;
(c) Standard 4.2.9.
[1] Subsection 1.1.1—2(2)
Omit:
Standard 4.2.6 Production and Processing Standard for Seed Sprouts
Substitute:
Standard 4.2.6 Production and Processing Standard for Seed Sprouts
Standard 4.2.7 Primary Production and Processing Standard for Berries
Standard 4.2.8 Primary Production and Processing Standard for Leafy Vegetables
Standard 4.2.9 Primary Production and Processing Standard for Melons