2Food sectors subject to national programmes Empowered by ss 3(8), 20 to 25, 28
Part 1Overview
Details of the food sectors subject to national programmes are provided in Parts 3 to 5 of this schedule. Sections 349 and 350 exempt certain persons covered by the Animal Products Act 1999 and the Wine Act 2003 from the requirement to operate under an applicable risk-based measure (such as a national programme).
Examples are provided in Parts 3 to 5 of this schedule for the purpose of clarifying the general description of food sectors. The examples do not comprise an exhaustive list of all food types or businesses in a sector to which this schedule applies.
The national programmes to which the following food sectors are subject must include transport, display, and storage activities that are incidental to the activities undertaken by food businesses, unless these activities are included in a separate national programme level 1 as described under the Transporters or distributors of food products heading in this schedule.
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 |
Part 2Interpretation
In this schedule, unless the context otherwise requires, shelf-stable, in relation to food, means that—
Part 3Food sectors subject to national programme level 3
This food sector covers food businesses that brew, distil, or manufacture from fermentation vinegar, or beverages that are found on analysis to contain 1.15% or more alcohol by volume and businesses that manufacture malt extract.
Examples include but are not limited to brewers, distillers, or fermenters of—
alcohol mixes:
beer:
grain vinegar:
spirits:
malt extract.
This food sector does not include—
manufacturers of shelf-stable condiments (subject to national programme level 2):
persons that are exempt from the requirement to operate under a national programme under sections 349 (certain persons covered by the Animal Products Act 1999) and 350 (certain persons covered by the Wine Act 2003).
This food sector covers food businesses that prepare or manufacture carbonated or non-carbonated beverages, and fruit or vegetable beverages.
Examples include but are not limited to food businesses that prepare or manufacture—
bottled water:
cola beverages:
energy drinks:
sports beverages:
100% orange juice (chilled):
apple drink (shelf-stable):
berry juice smoothie drink:
tomato juice.
This food sector does not include—
brewers, distillers, or manufacturers of vinegars or alcoholic beverages that are found on analysis to contain 1.15% or more alcohol by volume (subject to national programme level 3):
food businesses that prepare or manufacture beverages in which dairy products comprise the main ingredient (included in the manufacturers of dairy products sector and subject to food control plans):
food businesses that squeeze juice and serve it to consumers for immediate consumption, for example, at a juice bar (included in the food service sector and subject to food control plans).
This food sector covers food businesses that prepare or manufacture oil or fat-based products or oil or fat emulsions derived from vegetable or animal sources for human consumption (including any mixture of those sources).
Examples include but are not limited to food businesses that prepare or manufacture—
margarine:
olive oil.
This food sector does not include—
manufacturers of dairy products (subject to food control plans):
manufacturers of non-shelf-stable sauces, spreads, dips, soups, broths, gravies, or dressings (subject to food control plans):
manufacturers of shelf-stable condiments (including spreads, sauces, or preserves) (subject to national programme level 2):
persons that are exempt from the requirement to operate under a national programme under sections 349 (certain persons covered by the Animal Products Act 1999) and 350 (certain persons covered by the Wine Act 2003).
This food sector covers food businesses that prepare or manufacture food additives, processing aids, or vitamins, minerals, or other nutrients intended to be added to food. Products may be in liquid or dry form.
Examples include but are not limited to food businesses that prepare or manufacture—
food colourings:
cream of tartar or baking soda:
vitamins or minerals intended to be added to food:
tabletop intense sweeteners:
baker's or brewer's yeast.
This food sector does not include persons that are exempt from the requirement to operate under a national programme under sections 349 (certain persons covered by the Animal Products Act 1999) and 350 (certain persons covered by the Wine Act 2003).
This food sector covers food businesses that process (for example, by milling, malting, rolling, or roasting) grains for consumption or for inclusion in other food products (for example, as flour, malted barley, rolled oats, or puffed cereals).
Examples include but are not limited to processors of—
wheat:
corn:
rice:
barley:
oats.
This food sector does not include businesses that incorporate processed grain into other foods, for example, breakfast cereal or cereal bars (included in the manufacturers of shelf-stable grain-based products sector and subject to national programme level 2).
This food sector covers retailers that handle food, for example, by defrosting or reheating food, scooping ice cream, or offering a pick-and-mix confectionery selection.
Distinguishing features of this food sector are that—
no preparation or manufacturing of food is undertaken; but
handling occurs, for example, defrosting, heating, or repackaging.
Examples include but are not limited to food businesses that meet the above general description and that may include—
dairies:
service stations.
This food sector does not include other categories of retailers listed in this schedule and in Schedules 1 and 3.
This food sector covers food businesses that prepare, manufacture, or pack herbs or spices beyond minimal processing. Minimal processing includes (but is not limited to) processes such as rinsing, trimming, shelling, and post-harvest treatments, eg, packing, storing, and transport.
The preparation or manufacture may involve taking steps such as grinding, blending, drying, or extracting. This sector includes the production and processing of food-grade salt.
Examples include but are not limited to—
food businesses that prepare or manufacture cinnamon, paprika, or food-grade salt:
food businesses that purchase dried herbs or spices in bulk and repack them, for example, for retail sale.
This food sector does not include producers of fresh herbs or spices (included in the producers of horticultural food sector and subject to national programme level 1).
This food sector covers food businesses that prepare, manufacture, blend, or pack dry mix powder products, including powdered desserts, drinks, flavourings, soups, or sauces.
Examples include but are not limited to food businesses that prepare or manufacture—
cake mix:
drinking chocolate:
powdered soup:
teabags.
This food sector does not include—
food businesses that prepare or manufacture dried egg powder (included in the manufacturers of processed egg products sector and subject to food control plans):
food businesses that prepare or manufacture dry mix products specifically targeted, designed, or developed for consumption by vulnerable populations (included in the manufacturers of food for vulnerable populations sector and subject to food control plans):
food businesses that prepare or manufacture dried or powdered dairy products such as milk or whey powder (included in the manufacturers of dairy products sector and subject to food control plans):
persons that are exempt from the requirement to operate under a food control plan under sections 349 (certain persons covered by the Animal Products Act 1999) and 350 (certain persons covered by the Wine Act 2003):
processors of herbs or spices (subject to national programme level 3):
food businesses that prepare or manufacture fruit and vegetable powders (included in the manufacturers of dried or dehydrated vegetables sector and subject to national programme level 2):
food businesses that prepare or manufacture dried meat powders (included in the manufacturers of meat, poultry, or fish sector and subject to food control plans).
Part 4Food sectors subject to national programme level 2
This food sector covers food businesses that prepare or manufacture bread or bread products for wholesale or direct retail sale to consumers.
Examples include but are not limited to food businesses that prepare or manufacture—
bagels:
pita bread:
specialty breads (for example, white, raisin, rye, or soda).
This food sector does not include—
retail bakeries (whether or not in a supermarket) that prepare or manufacture products in addition to bread or bread-derived products for direct retail to consumers (included in the food retail sector and subject to food control plans):
wholesale bakeries that prepare or manufacture products in addition to bread or bread products (included in the wholesale bakeries sector and subject to food control plans).
This food sector covers food businesses that prepare or manufacture and serve meals, snacks, or beverages for immediate consumption by children of preschool age (including children under 5 years of age) in a centre-based service setting.
Examples include but are not limited to food businesses that prepare or manufacture and serve meals, snacks, or beverages for preschool children attending centre-based services such as crèches and kindergartens.
This food sector does not include—
early childhood education service providers who undertake minimal food handling only (as specified in Schedule 3):
food businesses that prepare or manufacture and serve meals, snacks, or beverages for consumption by children under 5 years of age in 24-hour live-in or residential settings, including hospitals (included in the food service sector and subject to food control plans):
food provided to children as part of home-based early childhood education services (as specified in Schedule 3):
food businesses that prepare or manufacture products specifically targeted, designed, or developed for consumption by children under 5 years of age (included in the manufacturers of food for vulnerable populations sector and subject to food control plans).
This food sector covers food businesses that prepare or manufacture confectionery.
Examples include but are not limited to food businesses that prepare or manufacture—
candy:
carob:
chocolate.
This food sector does not include food businesses that prepare or manufacture water-based or iced confectionery and iced desserts (included in the manufacturers of water-based products including ice, ice confectionery, and iced desserts sector and subject to national programme level 2).
This food sector covers food businesses that process or handle nuts or seeds for consumption. Processing and handling in this context includes taking steps in relation to nuts or seeds such as—
coating:
roasting (including coffee beans):
salting:
mixing with other foods commonly combined with nuts or seeds, such as raisins:
forming into nut or seed bars where nuts or seeds are the primary component.
Examples include but are not limited to food businesses that process and handle—
salted peanuts:
pumpkin, sesame, or sunflower seed products:
roasted or ground coffee beans.
This food sector does not include—
food businesses that grow, harvest, or undertake only minimal processing of nuts or seeds (included in the producers of horticultural food and horticultural packing operations sector and subject to national programme level 1). Minimal processing includes (but is not limited to) processes such as rinsing, trimming, shelling, and drying nuts in their shells, and post-harvest treatments (for example, packing, storing, and transport):
food businesses that prepare or manufacture nut or seed confectionery, for example, scorched almonds (included in the manufacturers of confectionery sector and subject to national programme level 2):
food businesses that source nuts in a processed state for the purpose of coating the nuts (for example, with chocolate) for confectionery purposes (included in the manufacturers of confectionery sector and subject to national programme level 2).
This food sector covers food businesses that prepare or manufacture snack products such as crisps, popcorn, or pretzels.
Examples include but are not limited to—
cassava chips:
curried peas:
salted potato chips.
This food sector does not include—
manufacturers of vegetable proteins or other protein products sector (subject to food control plans):
processors of nuts or seeds (subject to national programme level 2).
This food sector covers food businesses that prepare or manufacture fruit or vegetable products in which the natural water content has been reduced below the level critical for growth of micro-organisms. This may be achieved by drying, dehydrating, salting, or crystallising. It includes products made using lentils, pulses, or split peas.
Examples include but are not limited to food businesses that prepare or manufacture—
banana chips:
crystallised ginger:
dried peas:
fruit leather bars:
split peas.
This food sector does not include—
processors of herbs or spices (subject to national programme level 3):
horticultural production and packing operations (subject to national programme level 1).
This food sector covers food businesses that prepare or manufacture condiment-type foods (including sauces, spreads, or preserves). It includes products that have been acidified or preserved, or have low water activity, and are shelf-stable. Products covered may or may not require refrigeration on opening.
Examples include but are not limited to food businesses that prepare or manufacture—
jams or conserves:
honey spreads where honey is mixed with other foods:
nut butters (for example, peanut butter):
pickles or relishes.
This food sector does not include—
extractors and packers of honey (subject to national programme level 1):
manufacturers of non-shelf-stable sauces, spreads, dips, soups, broths, gravies, or dressings (subject to food control plans):
manufacturers of commercially sterilised food products (subject to food control plans):
manufacturers of oils or fats for human consumption (subject to national programme level 3):
persons that are exempt from the requirement to operate under a national programme under sections 349 (certain persons covered by the Animal Products Act 1999) and 350 (certain persons covered by the Wine Act 2003).
This food sector covers food businesses that prepare or manufacture shelf-stable grain-based products.
Examples include but are not limited to food businesses that prepare or manufacture—
breakfast cereals:
savoury or sweet biscuits.
This food sector does not include—
processors of grain (subject to national programme level 3):
food businesses that prepare or manufacture snack products made from grain-based products (included in the manufacturers of crisps, popcorn, pretzels, or similar snack products sector and subject to national programme level 2).
This food sector covers food businesses that prepare or manufacture ice and water-based chilled or iced desserts, iced confectionery, or novelties.
Examples include but are not limited to food businesses that prepare or manufacture—
jelly desserts:
ice blocks:
water-based sorbets.
This food sector does not include—
manufacturers of confectionery (subject to national programme level 2):
manufacturers of dairy-based desserts, for example, cheesecake or custard (included in the manufacturers of dairy products sector and subject to food control plans):
manufacturers of chilled or frozen desserts that are not ice or water-based or dairy-based (included in the manufacturers of meals and prepared foods sector and subject to food control plans).
This food sector covers retailers of products that are pre-packaged by a manufacturer and require chilled or frozen storage to maintain safety and suitability (for example, shelf-life). Businesses covered by this food sector do not manufacture, prepare, or handle unpackaged foods.
Examples include but are not limited to retailers that meet the above general description and sell products including—
manufacturer-packaged milk or cheese:
manufacturer-packaged frozen meals.
This food sector does not include other categories of retailers listed in this schedule and in Schedules 1 and 3.
This food sector covers food businesses that process fresh fruit or vegetables (for example, by cutting, shelling, dicing, and blanching) and then freeze them.
Examples include but are not limited to food businesses that process—
free-flow frozen mixed berries:
snap-frozen peas:
stir-fry mixes:
frozen chips and hash browns.
This food sector does not include manufacturers of meals and prepared foods or meal components (subject to food control plans).
Part 5Food sectors subject to national programme level 1
This food sector is restricted to food businesses that extract and pack honey and comb honey.
This food sector does not include—
manufacturers of shelf-stable condiments (including spreads, sauces, or conserves) (subject to national programme level 2):
manufacturers of sugar or related products (subject to national programme level 1):
persons that are exempt from the requirement to operate under a national programme under sections 349 (certain persons covered by the Animal Products Act 1999) and 350 (certain persons covered by the Wine Act 2003).
This food sector covers food businesses that are horticultural producers (farmers or growers) or packers of horticultural food produce. It includes food businesses that grow, harvest, sort, grade, and undertake minimal processing of horticultural produce. Produce in this context includes (but is not limited to) fruit, vegetables, herbs, spices, nuts, cereal grains, seeds, fungi, and grasses. Minimal processing includes (but is not limited to) processes such as rinsing, trimming, shelling, and post-harvest treatments (for example, waxing, packing, storing, and transport).
Examples include but are not limited to—
apple packhouses:
businesses that grow, harvest, and minimally process produce following harvest:
businesses that wholesale horticultural produce that was not grown by those businesses on land adjacent to the place of sale:
drying of nuts in their shells.
This food sector does not include—
food businesses that prepare or manufacture frozen or chilled fruit and vegetables (or their products) that have undergone more than sorting, washing, and minimal heating (under the sector manufacturers of meals and prepared foods and subject to a food control plan):
manufacturers of fresh ready-to-eat salads (subject to food control plans):
horticultural producers that sell produce they have grown themselves directly to consumers (as specified in Schedule 3):
manufacturers of dried or dehydrated fruit or vegetables (subject to national programme level 2):
manufacturers of frozen fruit or vegetables (subject to national programme level 2):
manufacturers of non-alcoholic beverages (subject to national programme level 3):
processors of herbs or spices (subject to national programme level 3).
This food sector covers food businesses that prepare or manufacture sugar or related sugar-based products.
Examples include but are not limited to food businesses that prepare or manufacture—
molasses:
raw sugar:
syrups (glucose, flavoured).
This food sector does not include—
extractors and packers of honey (subject to national programme level 1):
food businesses that prepare or manufacture jams or preserves (included in the manufacturers of shelf-stable condiments sector and subject to national programme level 2):
food businesses that prepare or manufacture malt extract (included in the brewers, distillers, and manufacturers of vinegar, alcoholic beverages, or malt extract sector and subject to national programme level 3).
This food sector covers mobile or vehicle-based food businesses that sell hot beverages directly to consumers. Such businesses may sell shelf-stable manufacturer-packaged food. A mobile or vehicle-based food business in this context includes businesses operating from any kiosk, movable stand, mobile shop, or vehicle, or from any similar movable structure.
Examples include but are not limited to mobile or vehicle-based food businesses selling tea, coffee, or hot chocolate.
This food sector does not include—
mobile or vehicle-based businesses that undertake any preparation or manufacturing of the food for retail, other than the making of hot beverages such as coffee or tea (included in the food service sector and subject to food control plans):
other categories of retailers included in this schedule, and in Schedules 1 and 3.
This food sector covers food businesses that retail manufacturer-packaged ice cream or iced confectionery that requires frozen storage. These businesses do not prepare or manufacture or pack food. These businesses also do not sell food that is unpackaged or requires chilled or frozen storage, other than ice cream and iced confectionery. These retailers may sell manufacturer-packaged shelf-stable food or beverages.
Examples include but are not limited to retailers that meet the above general description and sell—
manufacturer-packaged ice creams:
manufacturer-packaged ice blocks:
manufacturer-packaged frozen yoghurt.
This food sector does not include other categories of retailers in this schedule and in Schedules 1 and 3.
This food sector covers businesses whose primary activity is to distribute, transport, or store products that include food. This food sector is not intended to cover those food businesses that only undertake distribution, transportation, or storage that is incidental to an alternative primary activity.
Included in this food sector are businesses whose primary activities involve—
responsibility for vehicle-docking services involving food:
responsibility for vehicles, aircraft, railway wagons, ships, shipping containers, bulk tanks, trailers, or any other form of transport used in the transport of food:
working in pre-retail distribution or transport.
Examples include but are not limited to—
temperature-controlled transport:
ambient transport (of shelf-stable food):
cold storage:
warehouses.
This food sector does not include—
food businesses that undertake distribution, transportation, or storage of food that is incidental to an alternative primary activity:
persons that are exempt from the requirement to operate under a national programme under section 349 (certain persons covered by the Animal Products Act 1999) and section 350 (certain persons covered by the Wine Act 2003).
Notes