Meat Hygiene Regulations 2003

Meat Hygiene Regulations 2003

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Meat Hygiene Act 1985 .

G. S. M. GREEN

Governor

By His Excellency's Command,

BRYAN GREEN

Minister for Primary Industries, Water and Environment

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Meat Hygiene Regulations 2003 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means the Meat Hygiene Act 1985 ;

additional brand means an additional brand issued by the Chief Inspector to mark meat produced from various species of animals or birds;

approved means approved by the Chief Inspector;

licensee means the holder of a meat premises licence;

strip brand means a device for applying a branding mark which is contained on a rotating cylinder.

PART 2 - Standards, quality assurance and codes

Division 1 - Standards that apply to licensed meat premises

4.   Hygiene

The standards that apply in relation to the hygiene of licensed meat premises are the standards specified in respect of that matter in the following:

(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2002);

(b) Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (AS 4465:2001);

(c) Australian Standard for Hygienic Production of Game Meat for Human Consumption (AS 4464:1997);

(d) Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption (AS 4466:1997);

(e) Australian Standard for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption (AS 5010:2001).

5.   Hygiene of staff

The standards that apply in relation to the hygiene of staff at licensed meat premises are the standards specified in respect of that matter in the following:

(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2002);

(b) Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (AS 4465:2001);

(c) Australian Standard for Hygienic Production of Game Meat for Human Consumption (AS 4464:1997);

(d) Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption (AS 4466:1997);

(e) Australian Standard for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption (AS 5010:2001).

6.   Layout, plant and equipment

The standards that apply in relation to the layout, plant and equipment of licensed meat premises are the standards specified in respect of those matters in the following:

(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2002);

(b) Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (AS 4465:2001);

(c) Australian Standard for Hygienic Production of Game Meat for Human Consumption (AS 4464:1997);

(d) Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption (AS 4466:1997);

(e) Australian Standard for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption (AS 5010:2001);

(f) Australian Standard for Hygienic Production of Natural Casings for Human Consumption (AS 5011:2001).

7.   Holding animals and birds before slaughter

The standards that apply in relation to the holding of animals and birds at licensed meat premises before slaughter are the standards specified in respect of that matter in the following:

(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2002);

(b) Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (AS 4465:2001);

(c) Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption (AS 4466:1997);

(d) Australian Standard for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption (AS 5010:2001).

8.   Use of drugs and chemicals before slaughter

The standards that apply in relation to the use of drugs and chemicals in the treatment of animals and birds at licensed meat premises before slaughter are the standards specified in respect of that matter in the following:

(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2002);

(b) Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (AS 4465:2001);

(c) Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption (AS 4466:1997);

(d) Australian Standard for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption (AS 5010:2001).

9.   Slaughter of animals and birds

The standards that apply in relation to the slaughter at licensed meat premises of animals and birds intended for human consumption are the standards specified in respect of that matter in the following:

(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2002);

(b) Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (AS 4465:2001);

(c) Australian Standard for Hygienic Production of Game Meat for Human Consumption (AS 4464:1997);

(d) Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption (AS 4466:1997);

(e) Australian Standard for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption (AS 5010:2001).

10.   Dressing of carcasses

The standards that apply in relation to the dressing of carcasses produced at licensed meat premises are the standards specified in respect of that matter in the following:

(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2002);

(b) Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (AS 4465:2001);

(c) Australian Standard for Hygienic Production of Game Meat for Human Consumption (AS 4464:1997);

(d) Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption (AS 4466:1997);

(e) Australian Standard for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption (AS 5010:2001).

11.   Production, packaging, storage and processing of meat

The standards that apply in relation to the production, packaging, storage and processing of meat and meat products at licensed meat premises are the standards specified in respect of those matters in the following:

(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2002);

(b) Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (AS 4465:2001);

(c) Australian Standard for Hygienic Production of Game Meat for Human Consumption (AS 4464:1997);

(d) Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption (AS 4466:1997);

(e) Australian Standard for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption (AS 5010:2001);

(f) Australian Standard for Hygienic Production of Natural Casings for Human Consumption (AS 5011:2001).

12.   Transport of meat

The standards that apply in relation to the transport of meat and meat products from licensed meat premises are the standards specified in respect of that matter in the following:

(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2002);

(b) Australian Standard for Hygienic Production of Natural Casings for Human Consumption (AS 5011:2001).

13.   Transport of game

The standards that apply in relation to the methods by which, and the conditions under which, slaughtered game is transported from the place of slaughter to licensed meat premises are the standards specified in respect of those matters in the Australian Standard for Hygienic Production of Game Meat for Human Consumption (AS 4464:1997).

14.   Inspection

The standards that apply in relation to the inspection of animals, birds, carcasses, meat, meat products and slaughtering products at licensed meat premises are the standards specified in respect of that matter in the following:

(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2002);

(b) Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (AS 4465:2001);

(c) Australian Standard for Hygienic Production of Game Meat for Human Consumption (AS 4464:1997);

(d) Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption (AS 4466:1997);

(e) Australian Standard for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption (AS 5010:2001).

15.   Condemned carcasses

The standards that apply in relation to the condemning of carcasses or parts of carcasses and the disposal of condemned carcasses or parts of carcasses are the standards specified in respect of those matters in the following:

(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2002);

(b) Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (AS 4465:2001);

(c) Australian Standard for Hygienic Production of Game Meat for Human Consumption (AS 4464:1997);

(d) Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption (AS 4466:1997);

(e) Australian Standard for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption (AS 5010:2001).

16.   Quality assurance programs

The standards that apply in relation to approved quality assurance programs for licensed meat premises and the operations carried out in those premises are the standards specified in respect of those matters in the following:

(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2002);

(b) Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (AS 4465:2001);

(c) Australian Standard for Hygienic Production of Game Meat for Human Consumption (AS 4464:1997);

(d) Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption (AS 4466:1997);

(e) Australian Standard for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption (AS 5010:2001).

17.   Labelling of coverings

The standards that apply in relation to the labelling of coverings containing meat or meat products produced at any licensed meat premises are the standards specified in respect of that matter in the following:

(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2002);

(b) Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (AS 4465:2001).

18.   Quality of water

The standards that apply in relation to the quality of water and the supply of water for use in the operation of any licensed meat premises are the standards specified in respect of those matters in the following:

(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2002);

(b) Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (AS 4465:2001);

(c) Australian Standard for Hygienic Production of Game Meat for Human Consumption (AS 4464:1997);

(d) Australian Standard for Hygienic Production of Natural Casings for Human Consumption (AS 5011:2001).

19.   Humane treatment of animals and birds

The standards that apply in relation to the humane treatment of animals and birds prior to and during slaughter at any licensed meat premises are the standards specified in respect of that matter in the following:

(a) Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696:2002);

(b) Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption (AS 4465:2001);

(c) Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption (AS 4466:1997);

(d) Australian Standard for Hygienic Production of Ratite (Emu/Ostrich) Meat for Human Consumption (AS 5010:2001).

20.   Identification, processing and storage of game carcasses before delivery

The standards that apply in relation to the identification, processing and storage of any carcass of game before its delivery to licensed meat premises are the standards specified in respect of those matters in the Australian Standard for Hygienic Production of Game Meat for Human Consumption (AS 4464:1997).

Division 2 - Quality assurance programs

21.   Applications

(1)  A licensee or an applicant for a meat premises licence may apply in an approved form for approval of a quality assurance program in respect of –

(a) the meat premises to which the licence relates; or

(b) the operations carried out in or on those premises.

(2)  An application is –

(a) to specify the details of the program; and

(b) to be lodged with the Chief Inspector.

22.   Approvals

(1)  The Chief Inspector, by notice in writing, may –

(a) approve an application for the approval of a quality assurance program if satisfied that the program provides for the matters specified in regulation 24(a) and (b) ; or

(b) refuse the application if not so satisfied.

(2)  The Chief Inspector, without an application and by notice in writing, may approve a quality assurance program.

(3)  An approval is –

(a) for a period specified by the Chief Inspector; and

(b) subject to any conditions the Chief Inspector considers appropriate.

23.   Withdrawal or suspension of approval

(1)  The Chief Inspector, by notice in writing, may withdraw or suspend approval of a quality assurance program or part of a program if the Chief Inspector considers that –

(a) a failure to comply with the program has occurred; and

(b) the failure is of a serious and ongoing nature.

(2)  A notice is –

(a) to specify the period of suspension; and

(b) to be served on the person apparently in charge of the relevant licensed meat premises.

(3)  A notice takes effect from when it is served.

24.   Scope of quality assurance program

A quality assurance program is to provide for –

(a) procedures and monitoring to facilitate compliance with any Australian Standard that applies to any licensed meat premises or the operations carried out in those premises; and

(b) any changes that may be required to facilitate compliance with any such Standard; and

(c) any other matter agreed between the Chief Inspector and a licensee.

25.   Verification and validation

The Chief Inspector may direct an inspector to take from any licensed meat premises any samples or specimens to be analysed or examined for the purpose of verifying and validating a quality assurance program.

Division 3 - Codes that apply to licensed pet food works

26.   Tasmanian Code of Practice for Hygienic Production of Pet Food

The Tasmanian Code of Practice for Hygienic Production of Pet Food issued by the Department applies in respect of the following aspects of a licensed pet food works:

(a) hygiene of licensed pet food works;

(b) hygiene of staff;

(c) layout, plant and equipment;

(d) holding of animals and birds before slaughter;

(e) use of drugs and chemicals in the treatment of animals and birds before slaughter;

(f) slaughter of animals and birds;

(g) dressing of carcasses;

(h) production, packaging, storage and processing of pet food;

(i) identification of pet food and the ingredients contained in that pet food;

(j) the coverings containing pet food and the labels on those coverings;

(k) the methods and conditions under which any carcass of an animal or a bird is transported from the place where that animal or bird was slaughtered to licensed pet food works;

(l) transport of pet food from licensed pet food works;

(m) inspection of animals, birds, carcasses, slaughtering products and pet food;

(n) condemning of carcasses or pet food and the disposal of condemned carcasses or pet food;

(o) the quality of water and the supply of water for use in the operation of any licensed pet food works;

(p) the humane treatment of animals and birds prior to and during slaughter at any licensed pet food works;

(q) the identification, processing and storage of any carcass of an animal or a bird prior to its delivery to licensed pet food works.

PART 3 - Branding

27.   Issue of brands

(1)  After granting a licence in respect of meat premises or pet food works, the Chief Inspector is to issue to the holder of the licence a brand in accordance with Schedule 2 .

(2)  A brand is to be applied in an approved manner.

28.   Application to use strip brand

(1)  A licensee may apply to the Chief Inspector to use a strip brand –

(a) to mark meat as fit for human consumption; or

(b) to identify pet food.

(2)  An application is to be in an approved form.

(3)  The Chief Inspector may –

(a) approve an application; or

(b) not approve the application.

(4)  A person is to apply a strip brand in an approved manner.

29.   Branding

(1)  A brand referred to in regulation 27 or 28 is to be the only symbol used –

(a) to mark meat as fit for human consumption; or

(b) to identify pet food.

(2)  A cut of meat weighing more than 2 kilograms that is –

(a) not subject to any further processing is to be branded before it leaves the licensed meat premises; or

(b) vacuum packaged is to have a brand applied to, or inserted in, the package before it leaves the licensed meat premises.

(3)  A brand must be applied so that the markings made by the brand are legible.

Penalty:  Fine not exceeding 10 penalty units.

30.   Reproduction of brand

(1)  A licensee may apply to the Chief Inspector to use a reproduction of a brand for labelling coverings containing meat, meat products or pet food.

(2)  An application is to be in an approved form.

(3)  The Chief Inspector may –

(a) approve an application; or

(b) not approve the application.

(4)  A person must not use a reproduction of a brand that has not been approved.

Penalty:  Fine not exceeding 10 penalty units.

31.   Additional brands

(1)  The Chief Inspector may issue an additional brand to the holder of a meat premises licence.

(2)  A person is to apply an additional brand in an approved manner.

32.   Prescribed classes of marks

The following are prescribed marks for the purposes of the definition of "official mark" in section 3(1) of the Act:

(a) a brand in accordance with the designs specified in Schedule 2 ;

(b) an approved reproduction of a brand.

33.   Prescribed official marking device

The following devices are prescribed for the purposes of the definition of "official marking device" in section 3(1) of the Act:

(a) an issued brand;

(b) an approved reproduction of a brand;

(c) an additional brand.

34.   Brand remains property of Department

Any brand issued under these regulations remains the property of the Secretary of the Department.

PART 4 - Fees

35.   Fees

The fees specified in Schedule 1 are the fees payable in respect of the matters specified in that Schedule.

PART 5 - Miscellaneous

36.   Ante-mortem and post-mortem inspections, &c.

(1)  The Chief Inspector may direct that –

(a) ante-mortem inspections or post-mortem inspections, or both, of animals or birds or carcasses of animals or birds be carried out at licensed meat premises or licensed pet food works; and

(b) an inspection of licensed meat premises or licensed pet food works be carried out; and

(c) inspections of meat, meat products, slaughtering products or pet food and inspections of coverings of meat, meat products, slaughtering products or pet food be carried out at licensed meat premises or licensed pet food works.

(2)  Where the Chief Inspector directs that an inspection be carried out, the relevant fee specified in Schedule 1 is to be paid by the holder of the licence in respect of the meat premises or pet food works at which the inspection is carried out.

37.   Inspector to conduct and report inspections

(1)  An inspector is to conduct an inspection referred to in regulation 36 in an approved manner.

(2)  An inspector may conduct an inspection referred to in regulation 36 at any reasonable time.

38.   Audits

(1)  The Chief Inspector may direct that audits of quality assurance programs referred to in regulation 16 and Division 2 of Part 2 of these regulations be carried out at licensed meat premises.

(2)  Where the Chief Inspector directs that an audit be carried out, the relevant fee specified in Schedule 1 is to be paid by the holder of the licence in respect of the meat premises at which the audit is carried out.

39.   Inspector to conduct and report audits

(1)  An inspector is to conduct an audit referred to in regulation 38 in an approved manner.

(2)  An inspector may conduct an audit referred to in regulation 38 at any reasonable time.

40.   Rescission

The Meat Hygiene Regulations 1986 are rescinded.

SCHEDULE 1 - Fees

Regulation 35

SCHEDULE 2 - Brands

Regulations 27(1) and 32(a)

1.   Brands

The brand issued in accordance with regulation 27 or approved in accordance with regulation 28 to mark meat or meat products processed at licensed meat premises as fit for human consumption –

(a) is to be in the shape of an outline of Tasmania with a height of 40 millimetres and a width of 40 millimetres; and

(b) is to contain the letters "TAS" with a height of 8 millimetres and a corresponding width within the top half of the outline referred to in paragraph (a) ; and

(c) is to contain the licence number of the meat premises with a height of 8 millimetres and a corresponding width within the bottom half of the outline referred to in paragraph (a) .

2.   Pet food brands

The brand issued in accordance with regulation 27 or approved in accordance with regulation 28 to identify pet food at licensed pet food works –

(a) is to be in the shape of an outline of Tasmania with a height of 40 millimetres and a width of 40 millimetres; and

(b) is to contain the letters "TAS" with a height of 8 millimetres and a corresponding width within the top half of the outline referred to in paragraph (a) ; and

(c) is to contain the licence number of the pet food works with a height of 8 millimetres and a corresponding width within the bottom half of the outline referred to in paragraph (a) .

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 23 April 2003

These regulations are administered in the Department of Primary Industries, Water and Environment.