Document ID: chunk:federal_register_of_legislation:F2012C00775:body:0:p6
Version: federal_register_of_legislation:F2012C00775
Segment Type: other
Provision Reference: 
Character Range: 13151–16068

would not affect the safety or suitability of the seafood, the cleaning of this equipment will not be necessary to meet the requirements in paragraph 14(1)(a).

Division 3 – Harvesting and other requirements for bivalve molluscs

15 Interpretation

In this Division –

approved means approved by the Authority.

area means an area where bivalve molluscs are grown or harvested.

ASQAP Manual means the Australian Shellfish Quality Assurance Program Operations Manual.

Authority means the State, Territory or Commonwealth government agency or agencies having the legal authority to implement and enforce this Division.

batch means a quantity of bivalve molluscs harvested from a particular harvesting area (e.g. marine farm, lease or designated wild shellstock harvest area) and with the same harvest date

bivalve molluscs include cockles, clams, mussels, oysters, pipis and scallops intended for human consumption, but excludes scallops and pearl oysters, where the only part of the product consumed is the adductor muscle, and spat.

growing on means the process where juvenile bivalve molluscs are translocated to a classified area for a sufficient period to enable their development prior to sale.

relaying means the transfer of bivalve molluscs from one area to another for the reduction of contaminants in the bivalve molluscs.

spat means juvenile bivalve molluscs taken for the sole purpose of growing on.

Editorial note:

If spat are harvested for human consumption then the product falls within the definition of 'bivalve mollusc'.  In that case, the requirements in this Division for bivalve molluscs apply to the product.

wet storage means the temporary storage of bivalve molluscs from an area in containers or tanks containing natural or artificial seawater for purposes other than depuration.

16 Food safety management systems for bivalve molluscs

(1) A seafood business that engages in the primary production or processing of, or manufacturing activities concerning, bivalve molluscs must implement a documented food safety management system that effectively controls the hazards.

Editorial note:

'Hazard' is defined in Standard 3.1.1 as a biological, chemical or physical agent in, or condition of, food that has the potential to cause an adverse health effect in humans.

Under subclause 1(2) of this Standard, the requirement for a food safety management system in subclause 16(1) does not apply to retail sale activities concerning bivalve molluscs.

(2) A seafood business is taken to comply with subclause (1) if it implements –

(a) a food safety program set out in Standard 3.2.1; or
(b) a food safety management system set out in the Fish and Fish Products Orders (2005); or
(c) the Codex Alimentarius Hazard Analysis and Critical Control Point System (HACCP) for food safety management set out in Annex C to CAC/RCP 1-1969, revision 4 (2003); or
(d) any other Hazard Analysis and