12 Conflict with Reg 4 (1) (d) of the You may like to get AGS advice about whether clause 25 conflicts with the modification in Food Regulation 2004 (NSW) provides that demonstrate is to be 4(1)(d) of the Food Regulations. regulation 4 ‘to (1)(d) read as a reference to demonstrate to the Food satisfaction of the Director-General’. Regulation means demonstrate to the satisfaction of the Director General. On one ‘demonstrate’ (NSW) 2004 Clause 25 of Standard 3.2.2 provides that: interpretation it may mean that each of the methods in (a), (b), (c) or (d) needs to be demonstrated to the satisfaction of the Director General in order to satisfy the requirement. Without limiting the ways in which a food The requirement may be to demonstrate that the temperature and any heating or cooling process it business can demonstrate that the uses will not adversely affect the microbiological safety of food. Or, it might be that the temperature and any heating or cooling requirement is that the temperature and heating or cooling the food business uses will not process it uses will not adversely affect adversely affect the microbiological safety of food. the microbiological safety of food, a food business satisfies this requirement by complying with We would suggest that the provision be amended to make it clear that clause 25 – modifying (a) a food safety program that the operates so as to require the Director-General to be satisfied that the methods in (a), (b), (c) or (d), requirements for food safety programs and any other methods, are demonstrated to the satisfaction of the Director General (if that is the in the Act, regulations the Act, or a policy). food safety standard other than this Standard; (b) if no such requirements apply to the food business, a safety program’ ‘food as defined in this Standard; (c) a process that according to documented sound scientific evidence is a process that will not adversely affect the microbiological safety of the food; or (d) a process set out in written guidelines based on sound scientific evidence that are recognised by the relevant food industry.
12 Conflict with regulation 4 (1)(d) Food Regulation 2004 (NSW) Reg 4 (1) (d) of the Food Regulation 2004 (NSW) provides that ‘to demonstrate is to be read as a reference to demonstrate to the satisfaction of the Director-General’. Clause 25 of Standard 3.2.2 provides that: Without limiting the ways in which a food business can demonstrate that the temperature and any heating or cooling process it uses will not adversely affect the microbiological safety of food, a food business satisfies this requirement by complying with – (a) a food safety program that the requirements for food safety programs in the Act, regulations the Act, or a food safety standard other than this Standard; (b) if no such requirements apply to the food business, a ‘food safety program’ as defined in this Standard; (c) a process that according to documented sound scientific evidence is a process that will not adversely affect the microbiological safety of the food; or (d) a process set out in written guidelines based on sound scientific evidence that are recognised by the relevant food industry. You may like to get AGS advice about whether clause 25 conflicts with the modification in 4(1)(d) of the Food Regulations. ‘demonstrate’ means demonstrate to the satisfaction of the Director General. On one interpretation it may mean that each of the methods in (a), (b), (c) or (d) needs to be demonstrated to the satisfaction of the Director General in order to satisfy the requirement. The requirement may be to demonstrate that the temperature and any heating or cooling process it uses will not adversely affect the microbiological safety of food. Or, it might be that the requirement is that the temperature and heating or cooling the food business uses will not adversely affect the microbiological safety of food. We would suggest that the modifying provision be amended to make it clear that clause 25 operates so as to require the Director-General to be satisfied that the methods in (a), (b), (c) or (d), and any other methods, are demonstrated to the satisfaction of the Director General (if that is the policy).
P1025%20Code%20revision%202CFS%20SD1%20Leg%20audit.docx