Meaning of phrase ‘change into a different state’ is not clear. When read in conjunction with sub-clause (b), different interpretations can be arrived at. For example, live seafood that is iced and kept at 5ºC would be technically changed into a different state (no longer live) but would not be frozen despite fitting the description.
Clause (d) of the Editorial note under Sec. 2(2)
Important to explain the term ‘substantial transformation’ in terms of the seafood industry as this is an important part of the definition of primary food production and hence the delineation of businesses that have to comply with the proposed Standard as opposed to Chapter 3 of the Code.
Requirements of Division 3, subdivision 3 of proposed standard for a ‘seafood business’ are less stringent than the corresponding requirements in Chapter 3 for a ‘food business’.
Notes that editorial notes to Clauses 13 and 24 emphasis that any businesses engaging in activities beyond primary production will have to comply with Standard 3.2.2 and Standard 3.2.3.
Infrastructure costs for business will vary depending upon whether it is considered to be engaging in primary production or beyond that.
FSANZ needs to provide clear criteria on the boundary of ‘primary production’ and what constitutes ‘substantial transformation’ in the seafood context.
Questions whether heading, gutting and/or filleting of fin fish on board a vessel is within the scope of primary production.
