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Imported Food Control Order 2001

Authoritative Version
Orders/Other as amended, taking into account amendments up to Imported Food Control Amendment (Fish, Fish Products and Uncooked Ready-to-eat Meat) Order 2016
Administered by: Agriculture and Water Resources
Registered 20 Mar 2017
Start Date 04 Jan 2017
Table of contents.

Imported Food Control Order 2001

made under regulations 7 and 8 of the

Imported Food Control Regulations 1993

Compilation No. 10

Compilation date:                              4 January 2017

Includes amendments up to:            F2016L01987

Registered:                                         20 March 2017

 

About this compilation

This compilation

This is a compilation of the Imported Food Control Order 2001 that shows the text of the law as amended and in force on 4 January 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name of Order.............................................................................................................. 1

3............ Definitions..................................................................................................................... 1

4............ Identification and classification of food......................................................................... 1

5............ Risk food that must be covered by recognised foreign government certificate.............. 2

Schedule 1—Risk food                                                                                                                        3

1............ Kinds of food................................................................................................................ 3

Schedule 2—Risk food that is New Zealand product                                        5

1............ Kinds of food................................................................................................................ 5

Endnotes                                                                                                                                                                 6

Endnote 1—About the endnotes                                                                                                        6

Endnote 2—Abbreviation key                                                                                                            7

Endnote 3—Legislation history                                                                                                         8

Endnote 4—Amendment history                                                                                                       9

 


1  Name of Order

                   This Order is the Imported Food Control Order 2001.

3  Definitions

             (1)  In this Order:

beef means the flesh, bone, offal or any other tissue of cattle.

beef products means food prepared from or containing beef, but does not include gelatine, collagen, rendered fats, tallow or di‑calcium phosphate.

dried meat means meat that has been dried but does not include slow cured dried meat.

New Zealand product means food produced in or imported into New Zealand, being food to which the Trans‑Tasman mutual recognition principle set out in Part 2 of the Trans‑Tasman Mutual Recognition Act 1997 applies

ready‑to‑eat: see suborder (2).

sausage means a food that:

                     (a)  consists of meat that has been minced, meat that has been comminuted, or a mixture of both, whether or not mixed with other foods, and which has been encased or formed into discrete units; and

                     (b)  does not include meat formed or joined into the semblance of cuts of meat.

             (2)  Food is ready‑to‑eat if it is ordinarily consumed in the same state as that in which it is sold.

4  Identification and classification of food

             (1)  Food of a kind to which the Act applies that is mentioned in clause 1 of Schedule 1 is required to be inspected, or inspected and analysed, under the Scheme as risk food.

             (2)  Suborder (1) does not apply to:

                     (a)  food that is New Zealand product; or

                     (b)  food that is classified under suborder (4).

             (3)  New Zealand product of a kind to which the Act applies that is mentioned in clause 1 of Schedule 2 (other than food that is classified under suborder (4)) is required to be inspected, or inspected and analysed, under the Scheme as risk food.

             (4)  Food to which a compliance agreement applies is classified as compliance agreement food.

             (5)  If food of a particular kind is required to be inspected, or inspected and analysed, under the Scheme as a particular class of food, the food is classified as included in that class.

5  Risk food that must be covered by recognised foreign government certificate

Risk food—general

             (1)  Food of a kind to which the Act applies that is mentioned in any of items 1, 2, 4A and 10 of the table in clause 1 of Schedule 1 must be covered by a recognised foreign government certificate.

New Zealand product

             (2)  New Zealand product of a kind to which the Act applies that is mentioned in item 1 or 2 of the table in clause 1 of Schedule 2 must be covered by a recognised foreign government certificate.


Schedule 1Risk food

(suborder 4 (1))

  

1  Kinds of food

                   For suborder 4 (1), the kinds of food are each kind of food that is described in 1 or more items of the following table. Each item of the table is to be read separately and in addition to each other item.

 

Kinds of food that are required to be inspected, or inspected and analysed

Item

Kinds of food

1

Beef

2

Beef products

3

Cassava chips that are ready‑to‑eat

4

Cheese in which growth of Listeria monocytogenes can occur

4A

Raw milk cheese

5

Cooked chicken meat that is ready‑to‑eat, but is not canned

6

Coconut that is dried

7

Crustaceans, including prawns, that are cooked (whether or not chilled or frozen), but are not canned

8

Fish of the following kinds:

(a) all fish in the Family Carangidae;

(b) all fish in the Family Clupeidae;

(c) all fish in the Family Coryphaenidae;

(d) all fish in the Family Engraulidae;

(e) all fish in the Family Pomatomidae;

(f) all fish in the Family Scomberesocidae;

(g) all fish in the Family Scombridae

8A

Fish products that contain more than 300 grams per kilogram of all or any of the kinds of fish in the families mentioned in item 8

8B

Ready‑to‑eat finfish

9

Manufactured meat that is cooked, including meat pastes and pâté

10

Ready‑to‑eat meat of the following kinds:

(a) uncooked dried meat;

(b) uncooked sausages;

(c) uncooked spreadable sausages

11

Marinara mix (whether or not chilled or frozen)

12

Molluscs Bivalve (whether cooked or uncooked)

13

Paprika that is dried

14

Peanuts and any food that contains peanuts

15

Peanut products and any food that contains peanut products

16

Pepper that is dried

17

Pistachios and any food that contains pistachios

18

Pistachio products and any food that contains pistachio products

20

Cooked poultry paté and poultry livers that are ready‑to‑eat, but are not canned

21

Seaweed—brown only

22

Sesame seeds and sesame seed products

Schedule 2Risk food that is New Zealand product

(suborder 4 (3))

  

1  Kinds of food

                   For suborder 4 (3), the New Zealand product is each kind of food that is described in 1 or more items of the following table. Each item of the table is to be read separately and in addition to each other item.

 

Kinds of New Zealand product that are required to be inspected, or inspected and analysed

Item

Kinds of New Zealand product

1

Beef

2

Beef products

3

Cassava chips that are ready‑to‑eat

4

Seaweed—brown only

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Imported Food Control Order 2001

26 Sept 2001 (gaz 2001, No. GN38)

26 Sept 2001

 

Imported Food Control Amendment Order 2003 (No. 1)

22 Oct 2003 (gaz 2003, No GN42)

22 Oct 2003

Imported Food Control Amendment Order 2004 (No. 1)

18 Aug 2004 (gaz 2004, No GN33)

18 Aug 2004

Imported Food Control Amendment Order 2005 (No. 1)

11 Dec 2005 (F2005L03878)

12 Dec 2005

Imported Food Control Amendment Order 2007 (No. 1)

10 Apr 2007 (F2007L00919)

11 Apr 2007

Imported Food Control Amendment Order 2007 (No. 2)

10 Sept 2007 (F2007L03525)

11 Sept 2007

Imported Food Control Amendment Order 2009 (No. 1)

24 Aug 2009 (F2009L03133)

25 Aug 2009

Imported Food Control Amendment Order 2010 (No. 1)

16 Feb 2010 (F2010L00386)

17 Feb 2010

Imported Food Control Amendment Order 2011 (No. 1)

14 Sept 2011 (F2011L01901)

15 Sept 2011

Imported Food Control Amendment (Recognised Foreign Government Certificates and Other Measures) Order 2015

28 Oct 2015 (F2015L01706)

29 Oct 2015

Imported Food Control Order 2001

19 Dec 2016 (F2016L01987)

4 Jan 2017 (s 2(1))

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2........................................

rep LA s 48D

s 3........................................

am 2007 No. 2; 2009 No. 1; 2010 No. 1; 2011 No. 1; F2016L01987

s 4........................................

am 2007 No. 1; 2010 No. 1

 

rs 2011 No. 1

s 5........................................

rs F2015L01706

 

am F2016L01987

Schedule 1

 

Heading to Schedule 1..........

rs 2010 No. 1; 2011 No. 1

Schedule 1...........................

am 2003 No. 1; 2004 No. 1; 2005 No. 1; 2007 Nos. 1 and 2; 2009 No. 1; 2010 No. 1,

 

rs 2011 No. 1

 

am F2015L01706; F2016L01987

Schedule 2

 

Schedule 2...........................

am 2003 No. 1; 2004 No. 1; 2005 No. 1,

 

rep 2007 No. 1

 

ad 2011 No. 1

 

am F2015L01706