Attachment 1

APPENDIX 1_EXPLANATORY NOTES

EXPLANATORY NOTES FOR PROPOSED FEE STRUCTURE UNDER FOOD ACT 2014

Transition Timetable

The Food Regulations 2015, Schedule 1, Part 1, Clause 5 and 6 specify the due dates for registration and transition of existing businesses:

Due dates for registration applications

(3) The operator must apply by the end of—

(a) 31 March 2017, if the business belongs to a food sector listed in the first column of clause 6; or

(b)31 March 2018, if the business belongs to a food sector listed in the second column of clause 6; or

Table of end dates for authorised transition period

30 June 2017	30 June 2018	28 February 2019
Manufacturers of food for vulnerable populations	Manufacturers of commercially sterilised food products	Manufacturers of vegetable proteins or other protein products
Manufacturers of fresh ready-to-eat salads	Manufacturers of meat, poultry, or fish products	Processors of grain
Manufacturers of non-shelf-stable sauces, spreads, dips, soups, broths, gravies, or dressings	Manufacturers of dairy products	Manufacturers of oils or fats for human consumption
Food service provided to pre-school children (including children under 5 years of age) in a centre-based service setting	Manufacturers of processed egg products	Manufacturers of dry mix products
Processors of nuts and seeds	Manufacturers of meals and prepared foods (not otherwise covered in Schedule 1 of the Act)	Brewers, distillers, and manufacturers of vinegar, alcoholic beverages, or malt extract
On-licence food service sector	Wholesale bakeries	Manufacturers of shelf-stable grain-based products
	Food retail sector where food businesses prepare or manufacture and sell food	Manufacturers of crisps, popcorn, pretzels, or similar snack products
	Processors of herbs or spices	Manufacturers of dried or dehydrated fruit or vegetables
	Retailers that handle food (but do not prepare or manufacture food)	Manufacturers of water-based products including ice, iced confectionery, and iced desserts
	Manufacturers of food additives, processing aids, vitamins, minerals, or other nutrients intended to be added to food	Manufacturers of shelf-stable condiments (including sauces, spreads, and preserves)
	Manufacturers of non-alcoholic beverages	Manufacturers of frozen fruit or vegetables
	Retailers of manufacturer-packaged chilled or frozen food (excluding ice cream, iced confectionery, and iced desserts)	Retailers of hot beverages and shelf-stable manufacturer-packaged foods only
	Manufacturers of confectionery	Extractors and packers of honey
	Bakeries that prepare or manufacture bread or bread products only	Manufacturers of sugar or related products
	Food service sector	Transporters or distributors of food products
		Producers of horticultural food and horticultural packing operations (packhouses)
		Retailers of manufacturer-packaged ice cream, iced confectionery, and iced desserts
		Deemed plan sector

FOOD SECTORS SUBJECT TO FOOD CONTROL PLANS

Food Act 2014 Schedule 1

The following provides a summary of food sectors that are subject to food control plans under this schedule:

(a) food retail sector where food businesses prepare or manufacture and sell food:

(b) food service sector (except for those categories of food service listed below as subject to other risk-based measures):

FOOD SECTORS SUBJECT TO NATIONAL PROGRAMMES

Food Act 2014 Schedule 2

The following table provides a summary of the food sectors that are subject to a national programme under this schedule:

National programme level		Food sector
National programme level 3		Brewers, distillers, manufacturers of vinegar, alcoholic beverages, or malt extract
		Manufacturers of non-alcoholic beverages
		Manufacturers of oils or fats for human consumption
		Manufacturers of food additives, processing aids, vitamins, minerals, or other nutrients intended to be added to food
		Processors of grain
		Retailers that handle food (but do not prepare or manufacture food)
		Processors of herbs or spices
		Manufacturers of dry mix products
National programme level 2		Bakeries that prepare or manufacture bread or bread products only
		Food service provided to pre-school children (including children under 5 years of age) in a centre-based service setting
		Manufacturers of confectionery
		Processors of nuts and seeds
		Manufacturers of crisps, popcorn, pretzels, or similar snack products
		Manufacturers of dried or dehydrated fruit or vegetables
		Manufacturers of shelf-stable condiments (including sauces, spreads, and preserves)
		Manufacturers of shelf-stable grain-based products
		Manufacturers of water-based products including ice, iced confectionery, and iced desserts
		Retailers of manufacturer-packaged chilled or frozen food (excluding ice cream, iced confectionery, and iced desserts)
		Manufacturers of frozen fruit or vegetables
National programme level 1		Extractors and packers of honey
		Producers of horticultural food and horticultural packing operations (packhouses)
		Manufacturers of sugar or related products
		Retailers of hot beverages and shelf-stable manufacturer-packaged foods only
		Retailers of manufacturer-packaged ice cream, iced confectionery, and iced desserts
		Transporters or distributors of food products

FOOD SECTORS NOT REQUIRED TO OPERATE UNDER FOOD CONTROL OR NATIONAL PROGRAMME (EXEMPT)

Food Act 2014 Schedule 3

The following provides a summary of the food sectors that are not required to operate under a food control plan or a national programme under this schedule:

(a) accommodation providers: food for up to 10 guests:

(b) accommodation providers: snacks or breakfasts:

(d) early childhood education service providers who undertake minimal food handling only:

(e) fishing vessel operators who supply food to crew:

(f) food trading: once a year:

(g) food service sector: catering of specified nature:

(h) food service sector: clubs, organisations, and societies (internal):

(i) food service sector: clubs, organisations, and societies (external):

(j) horticultural producers: direct sales of own produce to consumers only:

(k) retailers or direct sellers of shelf-stable, manufacturer pre-packaged food.

Verification (Audit) Frequencies

Food Regulations 2015

90 Frequency of verification of food business and food control plan

(1) The frequency levels for the verification of a food business that is subject to a food control plan and of the food control plan are as follows:

Steps	Frequency of verification
5	18 months
4	12 months
3	9 months
2	6 months
1	3 months

(2) If the result of the initial verification is an acceptable outcome, the verification agency or verifier must carry out verification of the food control plan and food business at the frequency referred to in step 4 of the table in subclause (1) (the table).

(3) If the result of the initial verification or any subsequent verification (including any unscheduled verification) is an unacceptable outcome, the verification agency or verifier must, after considering the frequency criteria, increase the frequency of verification to a level set out in steps 3 to 1 of the table.

(4) If the results of 2 consecutive verifications (including any unscheduled verification) are 2 acceptable outcomes, the verification agency or verifier must reduce the frequency of verification to a lesser frequency further up the table.

Subpart 2—Verification of food businesses subject to national programmes

91 Food businesses subject to national programme level 3

(1) The operator of a food business that is subject to national programme level 3 must ensure that the food business’s compliance with the national programme is verified by a verification agency or verifier,—

(a) in the case of an existing business, within 6 months of registration; or

(b) in the case of a new business, within 1 month of registration.

(2) A verification agency or verifier must, after completion of the initial verification, verify the food business’s compliance with national programme level 3—

(a) no more frequently than every 3 months; and

(b) at least once every 2 years; and

92 Food businesses subject to national programme level 2

(1) The operator of a food business that is subject to national programme level 2 must ensure that the food business’s compliance with the national programme is verified by a verification agency or verifier,—

(a) in the case of an existing business, within 1 year of registration; or

(b) in the case of a new business, within 1 month of registration.

(2) A verification agency or verifier must, after completion of the initial verification, verify the food business’s compliance with national programme level 2—

(a) no more frequently than every 3 months; and

(b) at least once every 3 years; and

93 Food businesses subject to national programme level 1

(1) The operator of a food business that is subject to national programme level 1 must ensure that the food business’s compliance with the national programme is verified by a verification agency or verifier,—

(a) in the case of an existing business, within 1 year of registration; or

(b) in the case of a new business, within 1 month of registration.

(2) A verification agency or verifier must—

(a) carry out an initial verification of the food business’s compliance with national programme level 1; and

(b) carry out any subsequent verification in accordance with regulation 94(3) and (4).

94 Frequency of verification of food businesses subject to national programmes

(1) The frequency levels for verification of food businesses subject to national programmes are as follows:

Steps	National programme level 3	National programme level 2	National programme level 1
8			no verification
7		3 years	3 years
6	2 years	2 years	2 years
5	18 months	18 months	18 months
4	12 months	12 months	12 months
3	9 months	9 months	9 months
2	6 months	6 months	6 months
1	3 months	3 months	3 months

(2) If the result of the initial verification is an acceptable outcome, the verification agency or verifier—

(a) must, if the food business is subject to national programme level 3, carry out subsequent verifications at the frequency referred to in step 6 of the table in subclause (1) (the table); and

(b) must, if the food business is subject to national programme level 2, carry out subsequent verifications at the frequency referred to in step 7 of the table; and

(c) must not, if the food business is subject to national programme level 1, carry out any further verifications unless regulation 102 applies.

(a) If the food business is subject to national programme level 3, to a level set out in steps 5 to 1 of the table; or

(b) If the food business is subject to national programme level 2, to a level set out in steps 6 to 1 of the table; or

(4) If, after the initial verification, the result of a subsequent verification (including any unscheduled verification) is an acceptable outcome, the verification agency or verifier must, after considering the frequency criteria, reduce the frequency of verification,—

(a) If the food business is subject to national programme level 3, to a level set out in steps 6 to 2 of the table; or

(b) If the food business is subject to national programme level 2, to a level set out in steps 7 to 2 of the table; or

Registration Frequencies (Food Control Plan)

Food Act 2014

61 Duration of registration

(1) The registration of a food control plan is effective from the date of registration until—

(a) the date that is 12 months after the date of registration; or

(b) a later date specified by the registration authority by written notice to the operator of the food control plan.

(2) Subsection (1) applies unless the registration—

(a) expires in accordance with a condition imposed under section 60; or

(b) is cancelled under section 67; or

(3)The registration may be renewed for further periods in accordance with Part 2 of Schedule 4.

Registration Frequencies (National Programme)

Food Regulations 2015

44 Duration of registration

The registration of a food business that is subject to a national programme commences on the date of registration and ends on—

(a) the date that is 24 months after the date of registration; or

(b) any later date that is specified in writing by the registration authority.