Primary Producers

Application of the Food Act 2001 to primary food producers

The Food Act 2001 creates a legal obligation for the entire SA food industry to produce food that is safe and suitable.

The Food Act divides the food industry into two categories - 'food businesses' and 'primary food producers'. Primary food producers are not required to comply with parts 5, 7 and 8 of the Food Act 2001 and do not have to comply with Chapter 3 of the Food Standards Code - the Food Safety Standards.  

How do you determine if you are a primary food producer or a food business?

This simplified diagram may assist (pdf 13kb)

Meaning of "Primary Food Producer"

Under the Food Act 2001 primary food production refers to the growing, raising, cultivation, picking, harvesting, collection or catching of food:-

It covers :-·

  • 'on-farm and boat' activities and processes (including other premises which are part of the enterprise)
  • storage of grain in silos not connected with a food processing operation
  • sale of livestock at saleyards
  • transport or delivery linked with these activities
  • activities regulated under primary industry legislation recognised by the Food Act; such as the Meat Hygiene Act and Dairy Industry Act

However, there are some exceptions which change a primary food producer to a food business.

If your business is involved in the following activities then you are a food business:

  • sale or service of food direct to the public
  • packing or treating food under contract, or where the food has been purchased
  • other activities prescribed by regulation (none at this time)

Meaning of "Food Business"

Under the Food Act 2001 food business refers to a business, enterprise or activity (excluding primary food production) that involves:-

(a) the handling of food intended for sale; or

(b) the sale of food

regardless or whether it is of a commercial, charitable or community nature or whether it involves the handling or sale of food on one occasion only.

AND Primary food producers who satisfy the exceptions listed above.