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:

• activities and processes that occur 'on-farm and boat' (including other premises which are part of the enterprise)

• storage of grain in silos not connected with a food processing operation and sale of livestock at saleyards

• transport or delivery on, from or between the primary production premises

• activities regulated under primary industry legislation recognised by the Food Act; such as the Primary Production (Food Safety Schemes) Act 2004.

However, if the business is also involved in:

(1)  the sale or service of food direct to the public

(2)  the packing or treating food under contract to another business, or where the food being packed
      or treated has been purchased from another producer/supplier.

(3)  other activities prescribed by regulation (none at this time)

(4)  any process involving the "substantial transformation" of food –that occurs 'off-farm land and
      boat'.

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:

• Part 5 - Improvement notices and prohibition orders

• Part 7 - Auditing provisions of the Food Act

• Part 8 - Food Business Notification (to a local government council)

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:

• Part 2 – Offences involving the safety, suitability and description of food

• Part 3 – Emergency orders where there is a serious danger to public health, including food
       recall orders and orders prohibiting the cultivation or harvesting of food or the quarantine or
       destruction of a particular food

• Chapter 1and 2 of the Code – food labelling & composition standards;

• Chapter 4 of the Code – primary production standards

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:

• meat processors (including abattoirs) and retail/wholesale butchers contact the PIRSA Meat Hygiene Unit on 8207-7964

• dairy food manufacturers and producers contact the Dairy Authority of SA on 8223-2277.

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