Legal Status and Ownership, Legal Obligations, Policies - Essay Example

Organizational Law When setting up a business to raise farm products or process foods for sale, the client should be made aware of diverse regulatory issues influencing the business and steps required to satisfy state and local requirements for licensing, labeling, and safe handling of food products. State obligations that influence food marketers may encompass aspects such as inspection of processing facilities plan review, review of labels, and taking food samples for examination for contaminants or establish if ingredients are proper. The paper explores legislation and other instruments, legal status and ownership, legal obligations, policies and strategies on goat farming. The legal aspects of managing a farm touch on areas, namely: biodiversity, chemical, management, occupational health and safety, livestock management, soil management, waste management, water management, and animal management. Organizational Law Introduction In most parts of the world, the commercialization of animal products such as milk remain increasingly subjected to food safety regulations that demand approval for facilities for processing such as pasteurization plants. As consumers increasingly focused on quality and safety attributes, the regulatory frameworks have become widespread, stringent and employed more frequently and rigorously. As such, is critical that the client is aware of the present food safety legislation that affects the proposed activities (Fortin, 2009). Daily processing business translates to an enterprise or activity in which dairy products entail milk, liquid milk products; cream and thickened cream; butter, butter concentrate, buttermilk; ice-cream and ice-cream mix; cultured milk and yoghurt; casein, and cheese; whey, whey cream, and concentrated whey cream. Business Description Bella Ridge Farm will manufacture homemade cheeses, yoghurt, and cream. The distinctiveness of goat milk, yoghurt, and cheeses has contributed significantly in driving the demand for goat milk. Bella Ridge Goat Farm will be located in New South Wales region of Australia. The demand for goat’s milk products has risen, mainly driven by people suffering from allergies and lactose intolerance. The goat industry is a niche market and the planned herd of 300 goats in the farm’s 75 acres. The aim of the business is to build the flock to 700 goats. The property on which Bella Ridge Farm sits was previously a certified organic goat dairy featuring a large cheese making facility on farm. The goat dairy and cheese factory are purpose-built and less than 5 years old. Other key facilities include plant and equipment and a certified organic goat herd. The cheese factory entails an A-grade, state of the art cheese making facility that is HACCP endorsed, well-equipped and owner operated. The facility also features specialized dairy products making equipment such a 300L batch pasteurizer, stainless steel drying racks, fridges, hoops, sinks, stainless steel draining and packing tables. The facilities also features temperature controlled rooms inclusive of an extensive packing room, pasteurizer room, drying and maturing room. Physical Requirements The dairy and dairy factory engaged in yoghurt production must abide by the regulations and local health bylaws (Hui, 2007). The steps entailed in gaining approval to produce yoghurt and cheese from milking animals entail: (1) preparing and executing a hazard and critical control path that has to be in place at the launch of operations and relating to all aspects of manufacture, erecting of suitable building to the processes and procedures detailed in the manufacture (Jaudas, Mobini & Jaudas, 2006). This is essential in guaranteeing the highest quality health and product standards. (2) Satisfying required local building, planning, and health requirements. Relevant Australian Regulatory Framework for Setting up a Goat Farm Multiple government agencies remain engaged in regulating food, and there are numerous laws directing the processing, packaging, and distribution of milk products. The regulatory framework must be fashioned to aid the client present safe food products fit for public consumption. The National Feedlot Accreditation Scheme remain grounded in quality assurance scheme implemented within Australia, and proactively established to guarantee that each accredited feedlot satisfies legislative requirements and surpass community expectations. Under the scheme, the feedlots remain independently audited every year to guarantee compliance with animal welfare, biosecurity, welfare, environment, product integrity legislation, and food safety (Australian Institute of Health and Welfare, 2012). National Feedlot Accreditation Scheme (NFAS) requisites remain incessantly updated as developments in legislation, guidelines, codes and practice, technology, and best management practice. The Modules and Elements from NFAS Standards Quality Management System This regulatory framework requires that staffs are sufficiently trained to guarantee that they possess the appropriate skills and knowledge to competently undertaken the duties required of them. Internal Auditing and Corrective Action Internal audits ate undertaken to review continuing compliance of the feedlot’s activities to meet the NFAS Standards, and suitable corrective and preventative actions assumed when non-conformances are highlighted. Livestock management centers on two key areas: administrative and livestock management. It is essential that the client seek a Property Identification Code for the farm; undertake a Property Risk Assessment to the enterprise; institute procedures for safe and responsible livestock treatments; and, possess relevant documents on Australian Standards and Codes of Practice regarding the livestock managed. Quality Records Records avail documented evidence of the feedlot’s compliance to the NFAS standards. Other internal auditing and corrective actions include document control, chemical inventory, and review of product requirements. Food safety management entails aspects such as property risk assessment, safe and responsible animal treatments, fodder crop, grain and pasture treatments and stock foods, preparation for dispatch of livestock, and livestock transactions and movements. Environmental Management The NFAS demands that environment management procedures instituted and implemented in line with the code of practice, plus the relevant authority regulations. The procedures guarantee patent and attainable environmental goals. The client should be aware of the environmental legislative requirements and responsibilities. Australian Animal Welfare Standards and Guidelines Under the Australia’s constitutional arrangement, outlines the state and territory government are accountable for animal welfare pacts within their jurisdictions. The state and territories deposit and implement animal welfare standards. The Australian Animal Welfare Strategy has highlighted enhanced national consistency in regulation and sustainable enhancements in animal welfare grounded in science, national, and international benchmarks (McDowell, 2008). Livestock owners, inclusive of goat farmers possess legal obligation in relation to livestock health and welfare, identification, chemical management and confinement, and biosecurity. In complying with the set requirements, the client can be guaranteed that consumer needs remain adequately met and protection of both domestic and international markets (McDowell, 2008). Consumers of farm products are actively seeking more information regarding how their food is produced, processed, and transported, as well as animal management. As such, goat farmers must manage their farm in a way that responds to the health and welfare of the animals, besides producing products that deliver premium quality. The Commonwealth Department of Agriculture, Fisheries and Forestry (DAFF) avails policy and legislation instruments touching on aspects of livestock management such as biosecurity. The state and territory governments are responsible for livestock management, welfare arrangements amid the jurisdictions, and disease response with regard to enforcing national standards and agreements. Relevant laws, Guidelines and Codes Food Standards Australia New Zealand (FSANZ) represents a statutory authority that works in partnership with the Australian government, state, and territory governments possess the responsibility for establishing national food safety requirements for the primary production and processing standards (Rees & Watson, 2000). The agencies bearing the legal authority to implement Standard 4.2.4 regulate dairy food production and sale in the respective state, and territory in this case New South Wales Food Authority. The elements included in a food safety program entail food handling operations of the goat farm; control measures; potential food safety hazards; corrective actions; review of the program; and record keeping. The requirements for Dairy Products are established by FSANZ as part of its functions as per section 13(1) (c) of the Australia New Zealand Food Authority Act 1991. Legislation centering on livestock management encompasses Agricultural and Veterinary Chemicals Regulations 2007; Domestic Animals Regulations 2005; Impounding of Livestock Act 1994; Livestock Disease Control Regulations 2006; and, Prevention of Cruelty to Animals Regulations 2008. It is critical to know, comprehend, and conform to all pertinent state and local food regulatory demands. Complying with the regulatory agencies is far better, instead of attempting to fix things that were not appropriately done or permitted. Processed Food Regulations Setting up a food processing business demands that state licensing guided b the products involved. If the client wants to sell the products directly to consumers, then the client will need a retail food establishment license. If the client wants to sell the cheese and yoghurt through wholesale distribution, then the client will need a food processing license. Food regulations cover aspects such as safe food production, packaging, and labeling, storing, and transportation (Rees & Watson, 2000). In order to enhance public health and safety of food products, the Australia Governments have established that food safety ought to be managed throughout all sections of the food chain. This also pursues to guarantee that consumers continue to possess the highest confidence within the safety of the food they consume in a way that reduces the impost on food businesses. The through-chain preventive approach to food safety guarantees that the state addresses the inherent risks to public health within the food supply (Rees & Watson, 2000). Processed Food Labeling Food labels can avail a broad range of information to aid consumer make food choices. Food labels also aid to safeguard public health and safety by detailing information such as food additives, genetically modified foods, advisory statements, health claims, and use by dates, ingredients, allergens, instructions for storage, and preparation. Precise information on processed food labels aids consumers arrive at informed choices regarding the foods that they purchase. Weights and Measures Weight and measures laws enforced to guarantee that consumers obtain what they pay for and apply to direct marketers of farm produce, as well as retailers. Scales are not required to be registered, but are subject to abrupt inspection by state or local weights and measures inspector (Smith & Hui, 2004). Food Safety: The Australia New Zealand Food Standards Code Food safety practices and general requirements standard 3.2.2 outlines certain requirements and food handlers that, if conformed to, will guarantee that food does not become unsafe or unsuitable. Some of the requirements concern to the receipt, storage, processing, packaging, display, distribution, disposal and recall of food. Other areas needing certification include skills and knowledge of food handlers, plus its sanitizing, maintenance of premises and equipment, and cleaning (Brouwer, Fox & Jongeneel, 2009). The instituted Food Safety Standards avail more effective and nationally uniform food safety legislation as mirrored by the Food Standards Code (Standard 3.3.1, 3.2.2, and 3.2.3) and Food Act 2001; Food Regulations 2002; and, Food Safety Standards. The food safety legislation is intended to enhance community health, enhance community confidence and awareness of food safety and to guarantee that South Australia satisfy national standards. Since the farm will be producing dairy products, the business must take all practical measures to guarantee it only produces food safeguarded from the possibility of contamination. As such, the business must at all times ensure that the dairy products are kept at 5°C or below. New farming practices, bacterial contamination, preservatives, freshness concerns, bacterial contamination, food additives, poor food handling, and animal disease have become a global challenge raising food safety at its all time high (Brouwer, Fox & Jongeneel, 2009). Handling food safety concerns safeguards the consumers from ailments and aids to protect the business from liability. Hence, the client must incorporate Hazard Analysis and Critical Control Points (HACCP) guidelines. Primary Production and Processing Standard for Dairy Products This code outlines some food safety requirements inclusive of implementation of documented food safety programs critical for daily primary production. This standard does not pertain to retail sale activities (Wahlqvist, 2002). In Australia, all food ought to conform to the Australia New Zealand Food Standards Code that outlines that all food labels must highlight nutrition information panel, list ingredients, name and description of the food, identification of the lot number, date mark, country of origin of the food (Rijk & Veraart, 2010). All pre-packaged goods should be labeled to mirror the correct weight and clients should expect that the goods correctly weighed or measured as per the legislation. The products must be weighed according to Trade Measurement Act 1993. In processing, the client should comply set standards established by Australian Government Legislation and Standards, Micro-organism monitoring, AQIS health certificate, MLA Food Safety Program, and National Residue Survey(Gillespie & Flanders, 2010). Milk and Dairy products remain classified as potentially hazardous foods (temperature controlled for the safety of foods) (CSIRO, 2010). Dairy products, apart from cheese and cheese products, ought to be processed using: a heat treatment that utilizes a combination of time and temperature of similar or superior lethal effect on any pathogenic micro-organisms within the milk product; utilizing any other processes that avail an equivalent or enhanced lethal effect on any pathogenic micro-organisms (Gillespie & Flanders, 2010). The code outlines that milk must be pasteurized by heating to a temperature no less than 72°C and maintaining such temperature for a period of no less than 15 seconds; the milk ought to be cooled immediately in a manner that guarantees that the growth of microbiological hazards within the milk remain prevented or minimized (Rijk & Veraart, 2010). Milk or dairy products utilized to make cheese ought to be processed: in line with clause 1 of Standard 4.2.4A and subclause 15(1); be held at a temperature of minimal than 62°C for a period no less than 15 seconds. Regulatory Requirements for Product and Market Selling on farm (Farmstead dairy plant) Dairy-Fluid milk, Cream, Butter; Yoghurt, ice cream flavored milk, sour cream For the client to operate this form of business, he/she will need a dairy farm license essential for operating a dairy farm. Similarly, the client will require a dairy plant license to process all dairy products. All the processed dairy products ought to be sustained at an internal temperature averaging at around 5°C or below or below (CSIRO, 2010). Selling door-to-door or at a Farmers Market A dairy plant license is demanded, and all the processing of the products must be carried out within a commercial facility (Hasler, 2005). All the processed dairy products ought to be maintained at an internal temperature averaging around 5°C or below through the application of any effective method such as a freezer, dry ice, or cooler. Distributing from farm to processor, grocery store, restaurant, or any other institution This form of business does not require additional license when dairy product comes from a producer’s licensed dairy plant. Dairy products ought to be maintained at an internal temperature of about 5°C or below utilizing an effective method (cooler, dry ice, or freezer). Dairy-raw milk cheese and pasteurized milk cheese Selling on farm (farmstead dairy plant) Dairy farm license is required for individuals or businesses operating a dairy farm. Similarly, a dairy plant license is demanded to process all dairy products and a certification for individuals in charge of, or supervisors within the processing of cheese. All the processed dairy products ought to be maintained at an average internal temperature of about 5°Cor below (CSIRO, 2010). Selling door-to-door or at a farmers market A dairy plant license required in order to operate this form of business. All products ought to be processed within a commercial facility. An extra retail license may not be necessary. Dairy products ought to be maintained at an internal temperature averaging at around 5°C or below. Distributing from farm to processor No extra license may be required in instances in which the dairy product flows from a producer’s licensed dairy plant. Dairy products ought to be maintained at an internal temperature averaging around 5°C or below. Conclusion Food regulations can be puzzling and frequently complicated whereby, in most cases a single food product or production facility may be enveloped in multiple jurisdictions. Across the whole jurisdictions, food ought to be produced, processed, and stored in a way that safeguards against spoilage and contamination to sustain its wholesomeness. Prior to launching a new plant construction, undertaking a remodeling and/or effecting process or equipment acquisition, it is essential to submit plans to the MDA inspector (site map and equipment layout). The client should pay adequate attention to the regulatory framework on aspects such as animal health, animal welfare, and biosecurity. Other necessary measures include exploring supply chain regulatory framework on safety, quality and integrity of farm products. References Australian Institute of Health and Welfare (2012). Australias food & nutrition 2012. Canberra: Australian Institute of Health and Welfare. Brouwer, F., Fox, G., & Jongeneel, R. A. (2009). The economics of regulation in agriculture: Compliance with public and private standards. Wallingford: CABI. CSIRO (Australia)(2010). Make it safe! : A guide to food safety. Collingwood, Vic: CSIRO Publishing. Fortin, N. (2009). Food regulation” Law, science, policy, and practice. New Jersey, NJ: John Wiley & Sons. Gillespie, J. R., & Flanders, F. B. (2010). Modern livestock and poultry production. Australia: Delmar Cengage Learning. Hasler, C. M. (2005). Regulation of Functional Foods and Nutraceuticals: A Global Perspective. Hoboken, NJ: John Wiley & Sons. Hui, Y. H. (2007). Health, meat, milk, poultry, seafood, and vegetables. Hoboken, NJ: Wiley-Interscience. Jaudas, U., Mobini, S., & Jaudas, U. (2006). The goat handbook. Hauppauge, NY: Barrons. McDowell, R. W. (2008). Environmental impacts of pasture-based farming. Wallingford, UK: CABI. Rees, N., & Watson, D. (2000). International standards for food safety. Gaithersburg, Md: Aspen Publishers. Rijk, R., & Veraart, R. (2010). Global legislation for food packaging materials. Weinheim: Wiley-VCH. Smith, J. S., & Hui, Y. H. (2004). Food Processing: Principles and Applications. Hoboken, NJ: John Wiley & Sons. Wahlqvist, M. L. (2002). Food and nutrition: Australasia, Asia and the Pacific. Crows Nest, NSW: Allen & Unwin. Read More