Federal Register of Legislation - Australian Government

Primary content

Imported Food Control Order 2019

Authoritative Version
Orders/Other as made
These orders enable the classification and identification of imported food as risk food, surveillance food or compliance agreement food. The classifications allow the Department to set arrangements for the inspection or inspection and analysis of imported food under the Imported Food Inspection Scheme.
Administered by: Agriculture
Registered 20 Sep 2019
Tabling HistoryDate
Tabled HR14-Oct-2019
Tabled Senate14-Oct-2019
Table of contents.

Commonwealth Coat of Arms of Australia

 

Imported Food Control Order 2019

I, Bridget McKenzie, Minister for Agriculture, make the following order.

Dated   17 September 2019                             

Bridget McKenzie

Minister for Agriculture

 

 

 


Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Identification and classification of food.................................................................................... 2

6  Risk food that must be covered by recognised foreign government certificate......................... 3

Schedule 1—Risk food                                                                        4

1  Kinds of food........................................................................................................................... 4

Schedule 2—Risk food that is New Zealand product                        6

1  Kinds of food........................................................................................................................... 6

 

 


1  Name

                   This instrument is the Imported Food Control Order 2019.

2  Commencement

(1)    Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

Immediately after the commencement of the Imported Food Control Regulations 2019.

 

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under regulation 10 of the Imported Food Control Regulations 2019.

4  Definitions                                                                

Note 1:       A number of expressions used in this instrument are defined in the Act, including:

(a)    compliance agreement;

(b)    food;

(c)    recognised foreign government certificate.

Note 2:       A number of expressions used in this instrument are defined in the Imported Food Control Regulations 2019, including:

(a)    Act;

(b)    compliance agreement food;

(c)    risk food;

(d)    Scheme;

(e)    surveillance food.

                   In this instrument:

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 to which the Act applies that is 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: food is ready-to-eat if it is ordinarily consumed in the same state as that in which it is sold.

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)  is not formed or joined into the semblance of cuts of meat.

Identification and classification of food

Risk food

             (1)  Food of a kind to which the Act applies that is mentioned in clause 1 of Schedule 1:

                     (a)  is classified as risk food; and

                     (b)  is required to be inspected, or inspected and analysed, under the Scheme as risk food.

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

                     (a)  food that is New Zealand product; or

                     (b)  compliance agreement food.

Risk food—New Zealand product

             (3)  New Zealand product of a kind to which the Act applies that is mentioned in clause 1 of Schedule 2:

                     (a)  is classified as risk food; and

                     (b)  is required to be inspected, or inspected and analysed, under the Scheme as risk food.

             (4) Subsection (3) does not apply to compliance agreement food.

Compliance agreement food        

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

Surveillance food

             (6) Food to which the Act applies:

                     (a)  is classified as surveillance food; and

                     (b)  is required to be inspected, or inspected and analysed, under the Scheme as surveillance food.

             (7)  Subsection (6) does not apply to:

                     (a)  risk food; or

                     (b)  compliance agreement food; or

                     (c)  food that is the subject of a holding order.

Note:          See section 7 of the Act for food to which the Act applies.

6  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, 5, 13 and 25 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

(subsection 5(1))

  

1  Kinds of food

                   For subsection 5(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

5

Raw milk cheese

6

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

7

Coconut that is dried

8

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

9

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

10

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 9

11

Ready‑to‑eat finfish

12

Manufactured meat that is cooked, including meat pastes and pâté

13

Ready‑to‑eat meat of the following kinds:

(a) uncooked dried meat;

(b) uncooked sausages;

(c) uncooked spreadable sausages

14

Marinara mix (whether or not chilled or frozen)

15

Bivalve Molluscs (whether cooked or uncooked)

16

Paprika that is dried

17

Peanuts and any food that contains peanuts

18

Peanut products and any food that contains peanut products

19

Pepper that is dried

20

Pistachios and any food that contains pistachios

21

Pistachio products and any food that contains pistachio products

22

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

23

Seaweed—brown only

24

Sesame seeds and sesame seed products

25

Human milk and human milk products

Schedule 2Risk food that is New Zealand product

(subsection 5(3))

  

1  Kinds of food

                   For subsection 5(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