Purpose:

To remove price and supply controls on milk, establish Dairy Food Safety Victoria, provide a licensing system for the dairy industry, enable Codes of Practice and food safety programs for dairy food, and repeal the Dairy Industry Act 1992.

Objectives:

• Ensure that standards which safeguard public health are maintained in the Victorian dairy industry.
• Ensure efficient and effective performance of the Authority’s functions and powers.

Key Provisions:

• Establishment of Dairy Food Safety Victoria as a body corporate with functions including establishing, maintaining, and improving food safety standards for dairy food, construction and hygiene standards for dairy manufacturing premises, and maintenance, cleanliness, and hygiene standards for dairy transport vehicles.
• Implementation of a licensing system for dairy farmers, dairy manufacturers, dairy food carriers, dairy distributors, and dairy transport vehicles.
• Provision for the creation and implementation of Codes of Practice related to dairy food and dairy industry operations.
• Requirement for, and approval and monitoring of, food safety programs for certain classes of dairy industry licences.
• Granting of powers to authorised officers for enforcement, inspection, and seizure related to dairy food and premises.
• Rules for criminal liability of officers of bodies corporate in relation to specific offences.

Evidence of Compliance Requirements For Agricultural Organisations:

• Licensing Requirement:
  • Obtain and hold a current and valid dairy industry licence from Dairy Food Safety Victoria before commencing or conducting business as a dairy farmer, dairy manufacturer, dairy food carrier, or dairy distributor. (Section 22(1))
  • Obtain and hold a current and valid dairy industry licence for any dairy transport vehicle used or intended to be used to transport dairy food in bulk. (Section 22(2))
• Licence Application:
  • Submit an application for the issue, renewal, or transfer of a dairy industry licence to the Authority in the form approved by the Authority. (Section 23(1)(a))
  • Provide all particulars required by the Authority with the licence application. (Section 23(1)(b))
  • Submit the required fee (if any) to accompany the application for issue, renewal, or transfer of the licence. (Section 23(1)©)
  • Ensure compliance with all terms and conditions determined by the Authority for the licence. (Section 25(1)(a))
  • Ensure the licensed operations are conducted only in respect of the places or circumstances specified in the licence. (Section 25(1)©)
• Exemption from Licensing:
  • A person may apply for an exemption from the licensing requirement if they are registered under the Food Act 1984, or hold a licence under the Meat Industry Act 1993 or Seafood Safety Act 2003, and have a quality assurance or food safety program that adequately covers dairy food safety. (Section 22A)
• Compliance with Standards and Codes of Practice:
  • Ensure the business, premises, or vehicle meets and complies with any requirement of this Act, the regulations, or a Code of Practice. (Section 26(2)(b))
  • Ensure dairy food intended for human consumption is treated in accordance with Standard 4.2.4 of the Food Standards Code, unless sold or delivered to a person who holds a dairy industry licence. (Section 36A(1))
  • Ensure dairy food intended for a purpose other than human consumption is treated in a manner approved by the Authority that deters human consumption, unless sold or delivered to a person who holds a dairy industry licence. (Section 36A(2))
  • Do not sell, deliver, or provide for human consumption dairy food which has not been treated as required under a Code of Practice or which has not been packed and sealed as required under a Code of Practice, except when sold or delivered to a licensed dairy manufacturing premises. (Section 36(1)-(2))
• Food Safety Program Requirements:
  • If a class of dairy industry licence is declared by the Minister to require a food safety program, ensure an approved food safety program is in place before a licence is granted or renewed. (Section 38(3))
  • Implement and maintain a food safety program that includes strategies to ensure compliance with Act/regulation standards, vehicle/premises compliance with applicable Codes of Practice, strategies for implementing approved Codes, strategies for monitoring compliance, and strategies for staff training in food handling. (Section 39(1)(a),(b),©,(f),(h))
  • Maintain records of checks and inspections made by the licensee as part of the food safety program. (Section 39(1)(g))
  • Comply with requirements for auditing of the food safety program, including having the program audited as required by the Authority, ensuring the audit is conducted by a person with specified qualifications, adhering to restrictions on who may conduct the audit, and reporting audit results by the specified timeframe, method, and to the specified recipient. (Section 41(1)-(2))
• Record Keeping and Information Provision:
  • Send to the Authority any records relating to dairy food as required by a written notice from the Authority. (Section 44(1))
  • At all reasonable times, permit any authorised officer to inspect and make abstracts or copies of any records required to be kept under this Act. (Section 44(2))
  • Produce for inspection any records in possession relating to dairy food when required by an authorised officer. (Section 45(1)©)
  • Provide information and answer questions truthfully when requested by an authorised officer on dairy premises or in charge of a dairy transport vehicle. (Section 45(1)(d), 50(e),(ea))
  • Provide necessary assistance to an authorised officer exercising powers under the Act. (Section 45(3))
• Compliance with Orders and Directions:
  • Comply with any written order from an authorised officer, which may include orders to clean and disinfect premises/vehicle/plant/equipment, stop use of specified areas or equipment, prohibit removal of specified dairy food, or to seize, detain, or destroy specified dairy food. (Section 46(4))
  • Do not accept, collect, take delivery of, sell or buy, or permit or cause to be accepted, collected, taken delivery of, sold or bought, any dairy food from a business required to be licensed under this Act if there is no current and valid dairy industry licence for that business. (Section 30)
  • Do not provide false or misleading information in connection with any application for a dairy industry licence. (Section 53(1)(a))
  • Do not fail to comply with any notice or order made under this Act. (Section 53(1)(b))
• Inspection and Audit Compliance:
  • Produce identity card for inspection before and during the exercise of powers under Part 5, if asked. (Section 43(5))
  • Allow authorised officers to enter, inspect, and examine dairy premises or vehicles used for transporting dairy food. (Section 45(1)(a),(b))
  • Do not obstruct, hinder, threaten, abuse, insult, intimidate, or attempt to obstruct or intimidate an authorised officer in the exercise of their duties. (Section 50©)
  • Do not refuse admission to an authorised officer. (Section 50(g))
  • Do not refuse or neglect to render assistance when required by an authorised officer. (Section 50(h))
  • Do not remove, alter, or interfere with any records, product, material, dairy food, or other substance seized or detained without authority. (Section 50(a)(i))
  • Do not remove, alter, or interfere with any sample procured under this Act without authority. (Section 50(a)(ii))
  • Do not erase, alter, open, break, or remove a mark, seal, or fastening placed by an authorised officer on any part of a sample other than the part left with the person from whom the sample was taken. (Section 50(a)(iii))
  • Do not refuse to sell dairy food or allow an authorised officer to take samples under this Act. (Section 50(b))
  • Pay the costs and expenses incurred for the storage, treatment, destruction, or disposal of seized or detained dairy food that is disposed of by the Authority or where an application for release has not been made or has been refused. (Section 47(2))

Metadata Keywords:

Dairy, Food Safety, Licensing, Victoria, Agriculture, Legislation, Compliance, Auditing, Milk, Industry Regulation

Publication Information:

Publication date: 17 April 2025 (incorporating amendments as at) Version number: Authorised Version No. 029 Original Act number: No. 37 of 2000

Agricultural Industry Alignment:

Dairy

Date Added to database:

This document was parsed and added to the database on 26-07-2025

URL:

https://content.legislation.vic.gov.au/sites/default/files/2025-04/00-37aa029-authorised.pdf →