5285 - NSW FOOD AUTHORITY ILLEGAL SLAUGHTER INVESTIGATION - FOLLOW UP QUESTIONS

(1) In LC Question on Notice 5080, I asked a number of targeted questions asking for specific data in relation to specific matters and cases. The answer provided did not sufficiently respond to each of the questions asked, but rather provided a short and vague answer to questions (1) to (20). Given this, can you please provide proper answers to each of the following questions, so that I do not need to escalate this matter through other means?

(2) On pages 14 and 15 of the NSW Food Authority Annual Report 2024-25, there is reference to a targeted illegal slaughter investigation conducted by compliance officers involving investigations at 24 properties across seven Local Land Services regions. Can you please provide any further information about the investigation, the properties and operators involved and the offences detected under the Food Act 2003, Biosecurity Act 2015 or Prevention of Cruelty to Animals Act 1979 as part of the investigation?

(3) In relation to the "over 1,100 kg of processed meat and animal carcasses" seized as part of the investigation, can you please confirm the exact total amount of processed meat and animal carcasses seized? 

(a) Can you break this down into the number of seizures, the type of animal or animals involved, the nature of the offence, whether the premises had a history of unlicensed activity, whether the operator was a repeat offender and whether any seized product is suspected to have entered the retail, wholesale, direct-to-consumer markets or food service supply chain before detection?

(4) Did the Food Authority seize any vehicles, equipment, labelling materials or advertising materials as part of the investigation?

(a) If yes, please provide details of what was seized, the nature of the offence, whether the premises had a history of unlicensed activity, whether the operator was a repeat offender, the grounds on which the items were seized and whether any further enforcement action was taken alongside the seizure?

(5) In relation to the two prohibition orders issued to mitigate serious public health risks relating to food for human consumption:

(a) what was the scope of each prohibition order?

(b) which alleged offences were each of the prohibition orders in relation to (please provide a description of the nature and circumstances of each alleged offence, including the short title of the offence)?

(c) on what date did each of the alleged offences occur?

(d) which provisions of the Food Standards Code were specified in each prohibition order?

(e) what action was taken by the offender or offenders to ensure compliance with the relevant provisions of the Food Standards Code?

(f) on what date were each of the prohibition orders served?

(g) what is the status of each prohibition notice?

(h) are the prohibition orders currently published on the Food Authority's public register?

(i) If yes, what is the notice number and trade name for each?

(ii) If no, why?

(i) did the Food Authority conduct any follow-up inspections or compliance reports as a result of either of the prohibition orders?

(i) If yes, what was the nature of any follow-up action, and how long after the orders were issued did the follow-up action occur?

(6) In relation to the four penalty notices issued:

(a) which alleged offences were each of the penalty notices in relation to (please provide a description of the nature and circumstances of each alleged offence, including the short title of the offence)?

(b) on what date were each of the penalty notices served?

(c) on what date did each of the alleged offences occur?

(d) for each penalty notice, has the penalty notice been fully or partly paid?

(e) for each penalty notice, was a penalty notice enforcement order under Part 3 of the Fines Act 1996 issued in respect of the penalty notice?

(f) for each penalty notice, is the penalty notice unresolved?

(g) are the penalty notices currently published on the Food Authority's public register?

(i) If yes, what is the notice number and trade name for each?

(ii) If no, why?

(h) did the Food Authority conduct any follow-up inspections or compliance reports as a result of any of the penalty notices?

(i) If yes, what was the nature of any follow-up action, and how long after the notices were issued did the follow-up action occur?

(7) In relation to the three warning letters issued:

(a) which alleged offences were each of the warning letters in relation to (please provide a description of the nature and circumstances of each alleged offence, including the short title of the offence)?

(b) on what date did each of the alleged offences occur?

(c) which provisions of the Food Standards Code were specified in each warning letter?

(d) what action was taken by the offender or offenders to ensure compliance with the relevant provisions of the Food Standards Code?

(e) on what date were each of the warning letters served?

(f) what is the status of each warning letter?

(g) what remedial action was specified in each warning letter?

(h) did the Food Authority conduct any follow-up inspections or compliance reports as a result of any of the warning letters?

(i) If yes, what was the nature of any follow-up action, and how long after the letters were issued did the follow-up action occur?

(8) In relation to the three individual biosecurity directions issued:

(a) which alleged offences were each of the warning letters in relation to (please provide a description of the nature and circumstances of each alleged offence, including the short title of the offence)?

(b) on what date did each of the alleged offences occur?

(c) what actions did each direction contain, in terms of provisions that prohibit, regulate or control, or that require specific action from the business or operator?

(d) what action was taken by the offender or offenders following each direction to ensure compliance with the Biosecurity Act 2015 or the Food Act 2003?

(e) on what date were each of the directions issued?

(f) did the Food Authority conduct any follow-up inspections or compliance reports as a result of any of the directions?

(i) If yes, what was the nature of any follow-up action, and how long after the directions were issued did the follow-up action occur?

(9) How many fines were paid, withdrawn and subject to further proceedings as part of the investigation?

(10) Can you please break down which New South Wales agency issued the different enforcement actions throughout the investigation?

(11) Did the investigation identify any breaches or offences under the Prevention of Cruelty to Animals Act 1979?

(12) Are any of the properties or operators subject to enforcement action as part of the investigation currently conducting any licensed activity in New South Wales?

(a) If yes, could you please provide details of the current operations?

(13) Did the Food Authority or another agency commence any prosecutions as part of the investigation?

(14) According to the NSW Food Authority Annual Report 2024-25, "due to the complexity of illegal slaughter investigations, the operation required comprehensive planning and coordination with multiple NSW agencies, including NSW Police, the Royal Society for the Prevention of Cruelty to Animals (RSCPA), Local Land Services (LLS), the Greyhound Welfare & Integrity Commission (GWIC), Racing NSW and Local Government." What was the nature of the involvement of each New South Wales agency in the investigation?

(15) Were any greyhounds or horses in the remit of GWIC and Racing NSW identified as being involved in illegal activity throughout the course of the investigation?

(a) If yes, could you please explain the nature of this involvement, the number of greyhounds or horses involved and what subsequent action was taken as part of the investigation?

(16) Were any registered individuals in the remit of GWIC and Racing NSW identified as being involved in illegal activity throughout the course of the investigation?

(a) If yes, please explain the nature of this involvement and what subsequent action was taken as part of the investigation?

(17) Did the operation investigate any illegally slaughtered or processed meat intended to be sold or distributed?

(a) If yes, where was it intended to be sold or distributed?

(18) Can you provide any details or information about the scale, risk or prevalence of illegal slaughter activity identified through the investigation?

(19) Had any of the properties or operators subject to enforcement action as part of the investigation previously been issued any prohibition orders, penalty notices, warning letters and biosecurity directions prior to the investigation (please provide details including the nature and outcome of any prior enforcement action, the alleged offences and the date the action was issued)?

(20) On page 45 of the NSW Food Authority Annual Report 2023-24, there is reference to the seizure of meat carcass from an unlicensed knackery and an unlicensed abattoir involving 320 kgs of horse meat, 114 kgs of pig fat and 41.24 kgs of beef mince, 157.39 kgs of lamb, 5.58 kgs sheep offal, 636 kgs meat from multiple species and 220kgs of beef carcass, and 1.6 kgs of rabbit. On what date did each of the seizures occur, broken down into the estimated quantity that was seized from each property?

(a) What was the outcome of each seizure?

(b) Did the Food Authority conduct any follow-up inspections or compliance reports?

(c) Did the Food Authority take any enforcement action against the offenders?

(i) If yes, what were each of the offences?

(d) How many properties or operators were responsible for the unlicensed activity involving the seizures?

(i) How many were repeat offenders?

(ii) Are any of the offenders currently operating any licensed activity?

(e) Are any of the seized products suspected to have entered the retail, wholesale, direct-to-consumer markets or food service supply chain before detection?

(f) In relation to the 1.6kgs rabbit, can you please provide any further information about the reasons for seizure, including whether any mislabelling was detected?

(i) Was the rabbit seized alongside any other meat carcass from the same premises?

(21) On page 16 of the NSW Food Authority Annual Report 2023-24, there is reference to a foodborne illness investigation where the Food Authority detected buffalo meat had been supplied by an unlicensed meat manufacturer which was issued a prohibition order. What was the scope of the prohibition order?

(a) Which alleged offences was the prohibition order in relation to (please provide a description of the nature and circumstances of each alleged offence, including the short title of the offence)?

(b) On what date did the alleged offence or offences occur?

(c) Which provisions of the Food Standards Code were specified in the prohibition order?

(d) What action was taken by the offender to ensure compliance with the relevant provisions of the Food Standards Code?

(e) On what date was the prohibition order served?

(f) What is the status of each prohibition notice?

(g) Is the prohibition order currently published on the Food Authority’s public register?

(i) If yes, what is the notice number and trade name?

(ii) If no, why?

(h) Did the Food Authority conduct any follow-up inspections or compliance reports as a result of the prohibition order?

(i) If yes, what was the nature of any follow-up action, and how long after the order was issued did the follow-up action occur?

(i) The annual report also referred to a further unlicensed meat processor producing a variety of meat products, including air-dried meat. What enforcement action was taken against this operator, if any?

(1)-(21) See answer to LC QON 5080.