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Freshcare Rules

Click to download Freshcare Rules Version 4 – June 2016

The Freshcare Rules are the terms on which, upon registration, a business agrees to participate in the Freshcare Program. Businesses participating in the Freshcare Program must comply with the Freshcare Rules and the requirements of the Freshcare Code(s) nominated by the business at all times.

The ‘Freshcare Rules Version 4 – June 2016’ document replaces all previous versions of the Freshcare Rules and Freshcare Certification Rules.

Failure to comply with the Freshcare Rules or the requirements of the nominated Freshcare Code(s), may result in a business’s Freshcare certification being suspended or withdrawn.

Updates to the Freshcare Rules and Freshcare Codes will occur from time to time. Businesses will be given at least 28 days’ notice of the changes via FreshcareOnline, the Freshcare website and email, and must ensure full compliance with the changes within the timeframe stated in the notice.

A business’s obligations to comply with the Freshcare Rules and Freshcare Codes are in addition to its obligations to comply with the law, including any regulatory requirements. It is important for businesses to be aware that compliance with the Freshcare Rules and Freshcare Codes does not ensure compliance with the law and does not exempt a business from doing so.

Summary of content

1. Application

Outlines the process and requirements for new businesses registering to participate in the Freshcare program.

2. Sites

Outlines the requirements for businesses to advise Freshcare of their sites of operation. Also provides specific information on businesses with multiple sites and various production locations.

3. Scope

Outlines the scope of operations for Freshcare Certification; produce categories and crops. Also provides details on what is required if a business makes changes to their scope, produce categories or crops.

4. Certification Bodies and auditors

Outlines the specific criteria and competency requirements for Certification Bodies and auditors to conduct Freshcare audits. Details the contractual arrangements between Freshcare participating businesses, Certification Bodies and auditors.

5. Changing Certification Bodies

Specifies the requirements to be undertaken by a business if changing nominated Certification Bodies.

6. Audit process

Details the Freshcare audit process from scheduling through to audit closure and corrective actions.

7. Certification process

Outlines the Certification Body’s audit reporting process to Freshcare, and details how the audit findings are communicated as Certification recommended or Certification Pending.

8. Certified businesses

Provides details on how businesses will receive their Freshcare certificate and where their certification details are accessible.

9. Audit deferral, suspension and withdrawal

Provides details on deferring Freshcare audits, suspending Freshcare Certification and withdrawing business.

Growers should refer to this section for details on what to do if they need to defer their audit due to crop loss or similar adverse circumstances

10. Fees

Outlines the Freshcare fee structure and payment requirements.

11. Prosecution and regulatory sanctions

Outlines requirements for businesses to notify Freshcare of prosecutions related to business activities within the scope of Freshcare certification.

12. Communication

Provides details on FreshcareOnline and how Freshcare communicates program information, resources and updates to participating businesses.

13. Use of the Freshcare corporate logo and certification logo

Outlines the specific requirements for use of the Freshcare logo and Freshcare certification logo.

14. Use of information

Provides details on the information Freshcare captures and how it is used.  Personal information is generally handled in accordance with Freshcare’s Privacy Policy.

15. Liability and indemnity

Outlines Freshcare’s liability and indemnity disclosure.

16. Governing law and jurisdiction

The Freshcare Rules are governed and must be construed with the laws of New South Wales.