§ 15 — Meaning of “primary production activity”

15.—(1) In this Act, “primary production activity” means the production of primary produce and includes the following:(a)

the growing, raising, cultivating, picking, harvesting, collecting or catching of animals, plants or other organisms intended for human consumption as food;

Examples

Engaging in agriculture, animal husbandry, aquaculture, orcharding, apiculture, or farming or harvesting of edible molluscs or catalogued insect‑like species.

(b)

the sorting or grading of primary produce on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught, or on premises that are associated with those premises;

(c)

the treating, freezing, packing, refrigeration, storage or washing of primary produce on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught, or on premises that are associated with those premises;

(d)

the management and breeding of live animals for the production of primary produce;

(e)

the transporting or delivery of primary produce within premises on which it was grown, raised, cultivated, picked, harvested, collected or caught;

(f)

any other activity that is prescribed by the Minister, by order in the Gazette, for the purposes of this definition,

but excludes the slaughter of animals to produce meat or meat products, meat processing, production of animal feed and pet food production.

(2) However, primary production activity does not include —(a)

any process involving significantly changing the condition or nature of food (for example, manufacturing or canning), regardless of whether the process is carried out in the premises on which the food was grown, raised, cultivated, picked, harvested, collected or caught;

(b)

the sale or service of food directly to the general public; or

(c)

any other food production activity that is prescribed by the Minister, by order in the Gazette, for the purposes of this subsection.

(3) In subsection (1)(c), treating of primary produce means —(a)

enhancing the appearance of the primary produce (such as by washing, waxing or oiling it) without substantially changing its nature; or

(b)

dealing with the primary produce solely —(i)

to eliminate or control pathogenic organisms, toxins and contaminants in the primary produce; or

(ii)

to ripen it.

—(1) In this Act, “primary production activity” means the production of primary produce and includes the following:(a)

the growing, raising, cultivating, picking, harvesting, collecting or catching of animals, plants or other organisms intended for human consumption as food;

Examples

Engaging in agriculture, animal husbandry, aquaculture, orcharding, apiculture, or farming or harvesting of edible molluscs or catalogued insect‑like species.

(b)

the sorting or grading of primary produce on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught, or on premises that are associated with those premises;

(c)

the treating, freezing, packing, refrigeration, storage or washing of primary produce on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught, or on premises that are associated with those premises;

(d)

the management and breeding of live animals for the production of primary produce;

(e)

the transporting or delivery of primary produce within premises on which it was grown, raised, cultivated, picked, harvested, collected or caught;

(f)

any other activity that is prescribed by the Minister, by order in the Gazette, for the purposes of this definition,

but excludes the slaughter of animals to produce meat or meat products, meat processing, production of animal feed and pet food production.

(2) However, primary production activity does not include —(a)

any process involving significantly changing the condition or nature of food (for example, manufacturing or canning), regardless of whether the process is carried out in the premises on which the food was grown, raised, cultivated, picked, harvested, collected or caught;

(b)

the sale or service of food directly to the general public; or

(c)

any other food production activity that is prescribed by the Minister, by order in the Gazette, for the purposes of this subsection.

(3) In subsection (1)(c), treating of primary produce means —(a)

enhancing the appearance of the primary produce (such as by washing, waxing or oiling it) without substantially changing its nature; or

(b)

dealing with the primary produce solely —(i)

to eliminate or control pathogenic organisms, toxins and contaminants in the primary produce; or

(ii)

to ripen it.