§ 14 — Meanings of “primary produce” and “unsafe primary produce”

14.—(1) “Primary produce” means —(a)

food produced by any primary production activity;

(b)

an animal, plant or other organism intended for human consumption as food;

(c)

raw material taken from an animal, a plant or any other organism intended for food; or

(d)

a substance other than food —(i)

that is labelled as not intended for human consumption or for consumption by animals;

(ii)

that the Minister is satisfied —(A)

is likely to be consumed by humans or animals; and

(B)

if consumed by humans or animals — poses a hazard to the humans or animals; and

(iii)

that is prescribed by the Minister, by order in the Gazette, to be primary produce for the purpose of this definition.

(2) However, primary produce does not include a raw material mentioned in subsection (1)(c) unless the raw material is in substantially the same condition as when it was taken from the animal, plant or other organism.Example

A whole apple is an example of a raw material in substantially the same condition as when it was taken from a plant.

(3) In this Act, “unsafe”, for primary produce, means —(a)

if the primary produce is ready for immediate human consumption as food — the primary produce, or food produced by a process involving a substantial change to the primary produce, is likely to cause harm to an individual who consumes the primary produce or food if it is prepared, stored or consumed according to its reasonable intended use; or

(b)

if the primary produce is not ready for immediate human consumption as food — food produced by the production of the primary produce, or another process involving a substantial change to the primary produce, is likely to cause harm to an individual who consumes the food if it is prepared, stored or consumed according to its reasonable intended use.

(4) For the purposes of this section and section 15, the nature of primary produce is substantially changed if —(a)

any thing done to the primary produce markedly increases its shelf life; or

(b)

any food is added to it.

—(1) “Primary produce” means —(a)

food produced by any primary production activity;

(b)

an animal, plant or other organism intended for human consumption as food;

(c)

raw material taken from an animal, a plant or any other organism intended for food; or

(d)

a substance other than food —(i)

that is labelled as not intended for human consumption or for consumption by animals;

(ii)

that the Minister is satisfied —(A)

is likely to be consumed by humans or animals; and

(B)

if consumed by humans or animals — poses a hazard to the humans or animals; and

(iii)

that is prescribed by the Minister, by order in the Gazette, to be primary produce for the purpose of this definition.

(2) However, primary produce does not include a raw material mentioned in subsection (1)(c) unless the raw material is in substantially the same condition as when it was taken from the animal, plant or other organism.Example

A whole apple is an example of a raw material in substantially the same condition as when it was taken from a plant.

(3) In this Act, “unsafe”, for primary produce, means —(a)

if the primary produce is ready for immediate human consumption as food — the primary produce, or food produced by a process involving a substantial change to the primary produce, is likely to cause harm to an individual who consumes the primary produce or food if it is prepared, stored or consumed according to its reasonable intended use; or

(b)

if the primary produce is not ready for immediate human consumption as food — food produced by the production of the primary produce, or another process involving a substantial change to the primary produce, is likely to cause harm to an individual who consumes the food if it is prepared, stored or consumed according to its reasonable intended use.

(4) For the purposes of this section and section 15, the nature of primary produce is substantially changed if —(a)

any thing done to the primary produce markedly increases its shelf life; or

(b)

any food is added to it.