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Imported Food Control Order 2019

Authoritative Version
Orders/Other as amended, taking into account amendments up to Imported Food Control Amendment (Pure and Highly Concentrated Caffeine Products) Order 2019
Administered by: Agriculture, Water and the Environment
Registered 13 Feb 2020
Start Date 17 Dec 2019
Table of contents.

Commonwealth Coat of Arms of Australia

Imported Food Control Order 2019

made under section 10 of the

Imported Food Control Regulations 2019

Compilation No. 1

Compilation date:                              17 December 2019

Includes amendments up to:            F2019L01619

Registered:                                         13 February 2020

 

About this compilation

This compilation

This is a compilation of the Imported Food Control Order 2019 that shows the text of the law as amended and in force on 17 December 2019 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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............................................................................................................................. 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.............. 2

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

Endnotes                                                                                                                                                                 7

Endnote 1—About the endnotes                                                                                                        7

Endnote 2—Abbreviation key                                                                                                            8

Endnote 3—Legislation history                                                                                                         9

Endnote 4—Amendment history                                                                                                     10

 

 


1  Name

                   This instrument is the Imported Food Control Order 2019.

3  Authority

                   This instrument is made under section 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.

5  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

26

Food in which caffeine is present at a concentration of:

(a) 5% or greater, if the food is a solid or semi‑solid food; or

(b) 1% or greater, if the food is a liquid food.

 

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


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 2019

20 Sept 2019 (F2019L01233)

1 Oct 2019 (s 2(1) item 1)

 

Imported Food Control Amendment (Pure and Highly Concentrated Caffeine Products) Order 2019

16 Dec 2019 (F2019L01619)

17 Dec 2019 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

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

rep LA s 48D

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

am F2019L01619

Schedule 1

 

Schedule 1................................

am F2019L01619