Purpose:

The legislation establishes Safe Food Production QLD to regulate and ensure the safe production of primary produce for human and animal consumption, while maintaining food quality.

Objectives:

• To establish Safe Food Production QLD.
• To ensure the production of primary produce is carried out in a way that makes the primary produce fit for human or animal consumption.
• To ensure the production of primary produce is carried out in a way that maintains food quality.
• To provide for food safety measures for the production of primary produce consistent with other State laws relating to food safety.
• To regulate, under food safety schemes, the production of primary produce to ensure primary produce is safe for human and animal consumption.
• To advise, or make recommendations to, the Minister about food safety matters relating to the production of primary produce.
• To advise, or make recommendations to, the Minister about the development or implementation of food safety schemes.
• To monitor the hygiene and operating procedures of premises, vehicles, plant and equipment used for production of primary produce.
• To encourage businesses engaged in the production of primary produce to minimise food safety risks by developing and maintaining food safety programs.
• To encourage businesses engaged in the production of primary produce to develop and adopt quality assurance measures for the primary produce.
• To approve or audit quality assurance measures.
• To approve food safety programs.
• To grant accreditations.
• To approve and train individuals to conduct audits to monitor compliance with food safety schemes.
• To review audits.
• To commission research relating to food safety matters for primary produce.

Key Provisions:

• Establishment of Safe Food Production QLD as a body corporate with functions and general powers, subject to Ministerial direction.
• Provisions for the board of directors and chief executive officer of Safe Food Production QLD, outlining their roles, composition, appointment, and responsibilities.
• Authority to make food safety schemes which specify how primary produce is to be produced, including temperature controls, premises, vehicles, equipment, prohibitions, classification, wholesomeness, sanitation, hygiene, blending/mixing, accreditation requirements, food safety program preparation/implementation, auditing/approval of programs, recall procedures, personnel qualifications, information/returns, scheme review, fees, and adoption of food safety standards.
• Requirements for persons to prepare and maintain food safety programs, including hazard identification, monitoring/control, hygiene maintenance, review frequency, staff training, and record-keeping.
• Establishment of an accreditation system to authorise the production of primary produce under specified conditions, including application, grant, renewal, temporary accreditation, refusal, amendment, suspension, cancellation, and surrender processes.
• Establishment of an auditing system to ensure compliance with the Act, including approval of auditors, their responsibilities to conduct audits, submit reports, and inform Safe Food of offences.
• Definition of serious food safety offences related to the supply or production of unsafe primary produce, unauthorised production, supply of unwholesome meat or seafood, meat substitution, and supply of unsafe equipment.
• Powers of authorised officers for enforcement and investigations, including entry to places, seizure of evidence, obtaining information, emergency powers, and issuing compliance notices.
• Provisions for the review of decisions made under the Act by QCAT.
• General miscellaneous provisions including a requirement for the Minister to review the Act, establishment of advisory committees, protection from civil liability for authorised persons, and summary proceedings for offences.

Evidence of Compliance Requirements For Agricultural Organisations:

• Food Safety Program Preparation and Maintenance (s.41):
  • Action: Prepare and maintain a food safety program that identifies significant food safety hazards associated with the production of primary produce, states how hazards are to be monitored and controlled, details how hygienic and safe conditions are to be monitored and maintained, specifies how often the program is to be reviewed, and includes details about staff training (if any). The program must also contain any other information prescribed by the relevant food safety scheme.
  • Record-keeping: Keep a copy of the food safety program at each place to which the program relates.
• Accreditation (Part 5):
  • Action: Apply to Safe Food for accreditation or renewal of accreditation.
  • Documentation: Submit an application in the approved form, accompanied by the prescribed fee, a description of activities (carried out or proposed), a description of premises, vehicles, plant or equipment (used or proposed), and a copy of the food safety program (if required by a food safety scheme).
  • Action: Provide further reasonable information or documents about the application by the date stated in a written notice from Safe Food (s.45(1)(a)).
  • Action: Allow an authorised officer to inspect premises, vehicles, plant or equipment used, or proposed to be used, by the applicant (s.45(1)(b)).
  • Action: Comply with all conditions of the accreditation (s.50(2)). This includes complying with the relevant food safety scheme and allowing an auditor to enter the accredited place to conduct an audit under the Act.
  • Reporting: Pay prescribed fees or other charges payable to Safe Food under the accreditation (s.50(3)).
  • Action: If an accreditation is amended, suspended, or cancelled, the holder may be required by written notice to give the accreditation to Safe Food by a reasonable stated day (s.56(1)).
  • Action: To surrender an accreditation, provide written notice to Safe Food, and the accreditation must accompany the notice (s.57).
• Compliance with Food Safety Schemes (s.39, s.40):
  • Action: Ensure production of primary produce is carried out according to specific requirements, including temperatures, premises, vehicles, plant, equipment, and other prohibitions, as outlined in the food safety scheme.
  • Action: Comply with classification, marking, or other identification requirements for primary produce.
  • Action: Ensure the wholesomeness, testing, or analysis of primary produce meets scheme requirements.
  • Action: Maintain sanitation, hygiene, and disease prevention measures for primary produce.
  • Action: Adhere to rules regarding the blending or mixing of dairy produce or meat with other substances.
  • Action: Ensure personnel handling primary produce meet required qualifications, skills, or expertise.
  • Reporting: Provide information or returns relating to food safety matters to Safe Food as required by the scheme.
• Auditing System (Part 6, specifically for accredited organisations being audited):
  • Inspection/Audit: Allow auditors to enter the place stated in the accreditation to conduct an audit (s.50(2)(b)).
  • Record-keeping: Organisations will receive a copy of the audit report from the auditor within 14 days of audit completion (s.75(1)(b)). These reports contain information such as audit dates, place identification, activities audited, relevant scheme/program details, and the auditor’s opinion on compliance and reasons for it (s.75(2)).
• Serious Food Safety Offences (Part 7):
  • Action: Do not supply primary produce that the organisation knows, or ought reasonably to know, is unsafe (s.77).
  • Action: Do not engage in the production of primary produce if the organisation knows, or ought reasonably to know, the primary produce would be unsafe after production (s.78).
  • Action: If a food safety scheme applies, do not engage in the production of primary produce without accreditation (s.79).
  • Action: Do not supply meat or seafood ready for human consumption (or preparation for it) if the organisation knows, or ought reasonably to know, it is unwholesome (s.80).
  • Action: Do not perform meat processing in a way that intends to deceive or is likely to deceive someone about the species of animal the meat is from (s.81).
  • Action: Do not supply equipment or other things that, if used for their intended purpose, are likely to make primary produce unsafe when supplied (s.82).
• Enforcement and Investigations (Part 8, specifically for agricultural organisations):
  • Action: Ensure personnel provide reasonable help to an authorised officer exercising powers under the Act (s.96).
  • Action: Ensure personnel provide information to an authorised officer to ascertain compliance with the Act (s.97, s.113).
  • Action: Ensure personnel do not tamper with seized things or restrictions on seized things without an authorised officer’s approval (s.101).
  • Action: Ensure personnel comply with requirements to take seized things to a stated place and remain in control for a stated period (s.102).
  • Action: Ensure personnel comply with requirements to state their name and residential address if found committing or suspected of an offence (s.112).
  • Action: Ensure personnel comply with requirements to make available for inspection, or produce, documents required to be kept under the Act (s.114, s.115).
  • Action: Ensure personnel comply with directions given by an authorised officer in an emergency (s.117).
  • Action: Comply with a compliance notice by stopping an offence, rectifying a matter, or both, within the stated reasonable period (s.118). If rectified within the stated period, the organisation cannot be prosecuted for the offence.
  • Action: Do not make false or misleading statements to an authorised officer (s.122).
  • Action: Do not give false or misleading documents to an authorised officer (s.123).
  • Action: Do not obstruct an authorised officer in the exercise of their powers (s.124).

Metadata Keywords:

Food safety, Primary produce, Queensland, Regulation, Accreditation, Auditing, Meat, Dairy, Seafood, Agriculture

Publication Information:

Publication date: 2000 Current as at: 1 February 2024

Agricultural Industry Alignment:

Beef & Veal, Chicken, Dairy, Fisheries, Horticulture, Pig, Sheep Meat

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.qld.gov.au/view/whole/pdf/inforce/current/act-2000-045 →