The application of the Food Act 2001 to Primary Food Production
Under the Food Act 2001 businesses selling food are defined as a food business or as a primary food producer. (Sections 6 and 7). A primary food producer does not have to comply with certain parts of the Food Act.
Is my business a primary food producer under the Food Act?
Under the Food Act 2001 primary food production is the growing, raising, cultivation, picking, harvesting, collection or catching of food. Primary food production also includes:
However, if the business is also involved in:
(1) the sale or service of food direct to the public
the packing or treating food under contract to another business, or
where the food being packed
(3) other activities prescribed by regulation (none at this time)
any process involving the "substantial transformation" of food –that
occurs 'off-farm land and
it becomes a food business for the purposes of the Act and is subject to all provisions of the Food Act, Food Regulation and the Australia New Zealand Food Standards Code (“Code”).
What parts of the Food Act and Code do not apply to primary producers?
Primary food producers are not required to comply with the following parts of the Food Act:
Primary food producers are not required to comply with the Food Safety Standards in Chapter 3 Code.
What parts of the Food Act and Code do apply to primary producers?
Primary food producers must comply with all other parts of the Food Act, Food Regulations and Code. This includes:
Food Businesses operating under PIRSA legislation
Some food businesses must also comply with Primary Industries and Resources SA (PIRSA) food safety legislation. To minimise the effect of dual legislation the Minister of Health, by Gazette notice, has given these food businesses the same exemptions to the Food Act that apply to primary food producers. (Minister of Health exemption - Section 108).
For advice on requirements for:
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