Purpose:

To provide for food safety matters relating to the production of primary produce in South Australia.

Objectives:

• To develop food safety schemes for primary industries that reduce risks to consumers and primary industry markets associated with unsafe or unsuitable primary produce.

Key Provisions:

• Establishment of advisory committees to advise the Minister on food safety schemes for specific classes of activities involved in primary produce production.
• Establishment of food safety schemes through regulations, which may define activities, require producer accreditation, designate accreditation bodies, and make provisions for food safety arrangements, monitoring, record keeping, and compliance.
• Obligation for producers to be accredited if required by an applicable food safety scheme.
• Procedures for application, grant, conditions, periodic fees and returns, variation, transfer, suspension, and revocation of accreditation.
• Appointment and powers of approved auditors to conduct audits of food safety arrangements.
• Appointment and general powers of authorised persons for enforcement, including entry, inspection, sampling, seizure, and requiring production of documents.
• Power to issue compliance orders to rectify contraventions of legislative requirements.
• Provisions for reviews of decisions by the Minister and the South Australian Civil and Administrative Tribunal.
• Miscellaneous provisions covering exemptions, delegations, false or misleading statements, confidentiality, and offences by bodies corporate.

Evidence of Compliance Requirements For Agricultural Organisations:

• Accreditation Application Documentation:
  • Applications for accreditation must be made to the accreditation body.
  • Applications must conform to the accreditation body’s requirements regarding form, contents, and manner of submission.
  • Applications must be accompanied by the fee fixed by regulation.
  • Applications must set out details of any proposed food safety arrangement.
  • Applicants must provide further information, documents, or records relevant to the application upon written notice from the accreditation body.
  • Applicants must allow persons authorised by the accreditation body to inspect premises, vehicles, plant, or equipment proposed for use in connection with accredited activities upon written notice.
• Compliance with Approved Food Safety Arrangements and Regulations:
  • If an accredited producer has an approved food safety arrangement, the producer must comply with the arrangement in all respects.
  • Accredited producers must comply with the regulations.
  • Accredited producers must comply with any other conditions imposed by the accreditation body allowed under the food safety scheme.
• Audit and Inspection Cooperation:
  • Accredited producers must allow a person authorised by the Minister or an approved auditor to perform the required number of periodic audits of the food safety arrangement without notice.
  • Accredited producers must allow additional audits if an audit shows a failure to comply with the food safety arrangement.
  • Accredited producers must pay all or a proportion of the reasonable costs associated with those audits as required by accreditation body conditions.
  • Producers must not hinder or obstruct a person performing an audit under a condition of accreditation.
  • Occupiers of any place or persons in charge of any plant, equipment, vehicle, or other thing must provide such assistance as is reasonably required by an authorised person for the effective exercise of powers.
• Periodic Reporting and Fees:
  • For each period fixed by regulation, an accredited producer must pay to the accreditation body the fee fixed by regulation by the fixed date.
  • For each period fixed by regulation, an accredited producer must lodge with the accreditation body a return that conforms to the requirements of the body about its form, contents, and the manner in which it is made by the fixed date.
  • If a producer fails to pay a fee or lodge a return, they must make good the default and pay a penalty for default within 14 days of written notice; failure to comply within 6 months results in accreditation cancellation.
  • Food safety schemes may make provision for reporting or notification by producers to the accreditation body or the Minister.
• Accreditation Document Management:
  • Accredited producers must, at the request of the accreditation body and within the period stated, return the accreditation to the accreditation body for recording variations (e.g., new conditions, varied conditions, approved food safety arrangement changes).
  • If accreditation is suspended or revoked, the producer must return the accreditation to the accreditation body within 14 days.
• Record Keeping:
  • Food safety schemes may make provision for monitoring and record keeping by producers.
  • Producers must not make a statement that is false or misleading in any record kept under this Act.
  • Authorised persons may require any person to produce any documents, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process.
  • Authorised persons may examine, copy, or take extracts from any documents or information so produced, or require a person to provide a copy.
• Compliance Order Adherence:
  • If an authorised person reasonably suspects a contravention of legislative requirements (including conditions of accreditation or an approved food safety arrangement), a written notice may be issued requiring:
    • Specified action to be taken within a specified time to rectify the contravention.
    • Specified action to be taken within a specified time to ensure compliance with legislative requirements.
    • Prohibition of the use of specified premises, vehicles, plant, or equipment for or in connection with the production of primary produce until legislative requirements are complied with.
  • Producers must comply with such requirements or prohibitions.
• Truthfulness and Verification:
  • Producers must not make a statement that is false or misleading in any information provided under this Act.
  • If information is required to be provided to the Minister or an accreditation body, it may be required to be verified by statutory declaration.
• General Conduct:
  • Producers must not hinder or obstruct an authorised person or person assisting an authorised person in exercising powers.
  • Producers must comply with requirements or directions of an authorised person.
  • Producers must answer questions to the best of their knowledge, information, and belief when required by an authorised person.
  • Producers must produce their accreditation for inspection if required by an authorised person.

Metadata Keywords:

Food safety, Primary produce, Accreditation, South Australia, Meat processing, Dairy, Agriculture, Legislation, Compliance, Auditing

Publication Information:

Publication date: 14.12.2017 Version: 14.12.2017

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Dairy, Eggs, Fisheries, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine.

Date Added to database:

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

URL:

https://www.legislation.sa.gov.au/__legislation/lz/c/a/primary%20produce%20(food%20safety%20schemes)%20act%202004/current/2004.20.auth.pdf →