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Food Act 2014

Risk-based measures - General - Application of risk-based measures

27: Winemaker may apply for winemaking operations to be included under registered food control plan or national programme

You could also call this:

"Winemakers can ask to follow food safety rules instead of wine-making rules"

Illustration for Food Act 2014

You are a winemaker if you make wine as defined in the Wine Act 2003. You might not need an official assurance for your wine. Your wine might not need to meet export rules under section 38 of the Wine Act 2003. You might already have a food control plan or national programme for other activities. You can ask the chief executive to include your winemaking in your food control plan or national programme. The chief executive looks at how often you make wine, what type of wine you make, and if a food control plan or national programme would work for you.

If the chief executive says yes, they tell you in writing and you follow the food control plan or national programme rules. You are no longer subject to the Wine Act 2003 for those winemaking operations. If the chief executive says no, they tell you why and you can ask for a review under section 355.

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Topics:
Health and wellbeing > Food and water safetyBusiness > Industry rules
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"You can choose a food control plan for your food business, even if it's low risk."

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28: Requirement to operate under applicable risk-based measure, or

"Follow the food safety rules that apply to your type of food business to keep people safe."

Part 2Risk-based measures
General: Application of risk-based measures

27Winemaker may apply for winemaking operations to be included under registered food control plan or national programme

  1. This section applies to a person—

  2. who is a winemaker within the meaning of section 4(1) of the Wine Act 2003; and
    1. who does not require an official assurance issued under section 42 of that Act; and
      1. whose wine is not subject to export eligibility requirements under section 38 of that Act; and
        1. who operates, or is required to operate, under a food control plan or a national programme for activities other than winemaking.

          1. A person to whom this section applies may apply to the chief executive to have that person’s winemaking operations included under a registered food control plan or have all of the person's operations registered under a national programme.

          2. The following (as the case may be) apply to an application under subsection (2), subject to subsections (4) and (5) and with any necessary modifications:

          3. sections 53 to 57 in respect of an application relating to a food control plan:
            1. regulations made under section 76 in respect of an application relating to a national programme.

              1. In determining the application, the chief executive must take into account the following matters:

              2. the frequency, type, and nature of the winemaking operations:
                1. the feasibility, effectiveness, and efficiency of operating under a food control plan or a national programme (as the case may be):
                  1. any other matters that the chief executive considers relevant.

                    1. If the chief executive decides to approve the application,—

                    2. the chief executive must, as soon as practicable, give the person written notice of that fact; and
                      1. the person is no longer subject to the Wine Act 2003 for the winemaking operations covered by the registered food control plan or the national programme, unless the chief executive imposes reasonable conditions on the person that include the requirement that specified wine standards are covered by the food control plan or the national programme.

                        1. If the chief executive decides to refuse the application, the chief executive must, as soon as practicable, give the person written notice of—

                        2. the decision and the reason for it; and
                          1. the person’s right to seek a review of the decision under section 355.