26 MAY 2005

NEW ZEALAND GAZETTE, No. 83

2003

Clauses

Division 1 – Preliminary

1 Application

(1) This Standard applies to seafood businesses and seafood handlers in Australia but not in New Zealand.

(2) Unless the contrary intention appears in this Standard, Chapter 3 of this Code applies to seafood manufacturing and retail sale activities.

Editorial note:

This Standard applies to primary production and processing activities as defined in clause 2. The definition of ‘processing of seafood’ includes activities such as the killing, gutting, filleting, brining and shucking of seafood and the depuration of shellfish. However, other than the food safety management system requirements for bivalve molluscs, this Standard does not apply to manufacturing activities.

Manufacturing of seafood is defined in clause 2 as the canning, smoking or crumbing of the seafood or the addition of other foods to the seafood and other like activities.

Under the Imported Food Control Act 1992, Standards in this Code apply to imported food. However, this Standard does not fall within the scope of the ‘Agreement Between the Government of Australia and the Government of New Zealand Concerning a Joint Food Standards System’. Accordingly, this Standard does not apply to food businesses in New Zealand. Furthermore, the Trans-Tasman Mutual Recognition Arrangement and the Australian and New Zealand legislation giving effect to that Arrangement apply to imported food.

This Standard does not apply to persons who harvest or catch seafood for recreational, cultural or traditional purposes, provided the activity does not come within the definition of a ‘seafood business’ – that is, the seafood harvested or taken is not intended for sale.

Clause 3 of this Standard does not affect the operation of Standard 3.2.1.

2 Interpretation

(1) Unless the contrary intention appears, the definitions in Chapter 3 of this Code apply for the purposes of this Standard.

(2) In this Standard –

control means a measure that prevents, eliminates or reduces to an acceptable level, a food safety hazard.

depuration means a process using a controlled environment to reduce the level of certain pathogenic organisms that may be present in live shellfish and crustaceans.

harvesting means the capture or taking of seafood and includes the capture or taking of seafood from an enclosure or pond used in aquaculture.

inputs includes any feed, chemicals or other substances used in, or in connection with, the primary production of seafood.

live seafood premises means a premises used for the primary production of live seafood, and includes sea cages.

manufacturing of seafood means the canning, smoking or crumbing of seafood or the addition of other food to seafood and other like activities.

primary production of seafood means the –

(a) growing, cultivation, picking, harvesting, collection or catching of seafood; or

(b) growing on of seafood; or

(c) transportation or delivery of seafood; or

(d) holding of live seafood;

and includes processing of seafood.

processing of seafood includes –

(a) the killing, dismembering, filleting or cutting into portions, gill or gutting, or skinning of seafood; and

(b) the depuration of shellfish and crustaceans; and

(c) the shucking or peeling of seafood; and

(d) the cooking, including steaming or boiling, of crustaceans; and

(e) the brining of seafood; and

(f) the packing, treating, washing, freezing, refrigeration or storing of seafood; and

(g) other similar activities.

Editorial note:

The definitions of ‘primary production of seafood’ and ‘processing of seafood’ operate for the purposes of this Standard and do not affect the definition of those terms in State and Territory Food Acts. The definitions in this Standard do not affect the legislative or administrative arrangements in the States and Territories concerning the administration and implementation of legislative schemes.

seafood means all aquatic vertebrates and aquatic invertebrates intended for human consumption, but excludes amphibians, mammals, reptiles, and aquatic plants.

seafood business means a business, enterprise or activity that involves the primary production of seafood intended for sale.

seafood handler means a person who engages in or supervises the primary production of seafood, for a seafood business.

seafood premises means any premises including land, vehicles, parts of structures, tents, stalls and other temporary structures, vessels, pontoons, and any other place declared by the relevant authority to be a premises under the