Scope of Draft Standard 4.2.1.
Several submissions noted that one of the major issues in drafting the standard is the setting the scope of primary production and processing for seafood. The definition of the scope has an impact on the divide between Chapter 3 and Chapter 4 of the Code.
Provisions in Chapter 3 of the Code are more onerous than those in Chapter 4 of the Code. An example are the activities undertaken on board fishing boats where seafood is killed, gutted, boiled, frozen etc. According to the primary processing/Chapter 3 divide set out in Standard 3.1.1 these activities would not be primary production. Standards 3.2.2 and 3.2.3 would apply to these activities.
Various States and Territories have amended the primary production/Chapter 3 divide. Queensland, for example, has included a number of substantial transformation type activities in the legislative definition of primary production including filleting, gutting and boiling crustaceans. There have been similar amendments to the divide in other jurisdictions.
A practical solution to this issue is to set the scope of the seafood standard around both primary production as one set of activities and processing as another set of activities. It is therefore proposed to amend the definition of primary production to encompass the activities of growing, cultivation, picking, harvesting, collection or catching of seafood. The definition of processing of seafood would define the included activities of processing, such as filleting, gutting, shucking, boiling and freezing of seafood. Chapter 3 of the Code would apply to retail activities and any other activities not mentioned in Standard 4.2.1.
1 Application
A submission recommended the removal of the words ‘and processing’ from the title of the standard on the basis that processing is not ordinarily associated with primary production.
The redrafting of the definitions for ‘primary production’ and ‘primary processing’, which now clearly define the scope of the standard, has addressed this concern. The removal of the words ‘and processing’ was not considered necessary.
One submission stated that the seafood standard should not apply to retail, and that they supported the introduction of the proposed standard from harvest up to but not including retail.
The Standard does not apply to the retail sector. It applies only to the primary production and processing sector up to the back door of retail.
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