Export Meat Orders 1985 (Cth)

Export Meat Orders 1985

Orders 1985 No. 2 as amended

made under the

Export Control (Orders) Regulations 1982

This compilation was prepared on 23 May 2002
taking into account amendments up to Orders 2002 No. 1

This document has been split into two volumes
Volume 1 contains the regulations,
Volume 2 contains Schedules 1 and 2 and the Notes
Each volume has its own Table of Contents

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

Part 1                 Preliminary

1  Name of orders [see Note 1]   28

2  Commencement   28

4  Incorporation with Prescribed Goods (General) Orders         28

4A   28

4B  Contravention for purposes of Regulations   28

5  Application   28

6  Interpretation   27

6A  Effect of notes   41

7  Preparation in registered establishment   42

7A  Application of orders on the use of certain meats for further processing etc         42

7B  Application of orders on the use of certain intestines for further processing          42

8  Notification of operation   43

9  Segregation of carcases and goods from different species    44

10  Treatment of prescribed goods   44

Part 1A               Registration of establishments

10A  New Registrations   45

10B  Separate registration for certain species   45

Part 2                 Registered establishments

Division I              Construction of registered establishments and equipment

11  Compliance with certain requirements   47

12  Approvals required   48

13  Approval to lapse if construction or registration not completed 49

14  Submission of plans etc   49

15  Preparation of plans and drawings   49

16  Areas only to be used for operations specified in approved plans            50

Division II             Plan and specification requirements for new premises

17  Contour map   51

18  Site plan   51

19  Existing buildings   52

20  Floor plan   52

21  Roof plan   52

22  Section and elevation drawings   52

23  Drainage plan   53

24  Equipment and surface finishes   53

25  Specifications and notations   53

Division III            Plan and specification requirements for alterations to registered establishments or rearrangement of operations

26  Major alteration or rearrangement   53

27  Minor alteration   54

Division IV            Approval of equipment, surface finishes and floor, wall and ceiling finishes

28  Details to be provided   54

29  Approval to be incorporated in plans and specifications        55

30  Exception   56

Division V             Chemical compounds

31  Chemical compounds to be approved   56

Division VI            Inspection during, and at completion of, construction or major alteration

32  Progress inspection   56

33  Final inspection   56

34  Report on final inspection   57

Part 3                 Services and facilities at registered establishments

Division I              Associated services and facilities

35  Services for providing steam, air, electricity etc                   58

36  Services for handling product not fit for human consumption 58

37  Identification of pipelines   59

38  Drainage, general   60

39  Sanitary drainage   60

40  Processing and trade waste drainage   60

41  Save-alls   61

42  Stormwater drainage   61

43  Storage area for laundered garments etc   61

44  Storage, cleaning and assembly area for equipment and packaging material       61

45  Storage and assembly area for cleaning materials               62

Division II             Handwash facilities and hand drying systems

46  Handwash facilities etc to be approved   62

47  Requirements for handwash facilities   62

48  Location of handwash facilities   63

49  Requirements for hand drying systems   64

50  Location of hand drying systems   64

Division III            Steriliser facilities

51  Steriliser facilities to be approved   64

52  Requirements for steriliser facilities   64

53  Location of steriliser facilities   65

Division IV            Employee amenities

54  General   65

55  Location   66

56  Construction   66

57  Lockers and seating in change rooms   67

58  Handwash basins   67

59  Amenities in certain registered establishments handling packed prescribed goods           67

Division V             Amenities and office accommodation for authorized officers

60  General   68

61  Location   68

62  Construction   69

63  Required amenities   69

64  Office accommodation   70

65  Dining room   71

66  Change room   72

67  Rest room   72

68  Shower room   72

69  Toilet room   73

70  Living accommodation in remote areas   73

70A  Amenities for veterinary officers   74

71  State or Territory inspection staff   75

Division VI            Meat examination room or area

72  Provision of meat examination room or area   75

73  Construction   76

74  Secure storage area   76

75  Examination area for meat product establishment                76

76  Secure storage area for meat product establishment            77

Division VIA         Laboratory facilities

76A  Provision of laboratory facilities   77

Division VII           Equipment and materials

77  Equipment approval subject to satisfactory operation           78

78  Construction materials   78

79  Construction of equipment   79

80  Conveyors   79

81  Air operated equipment   80

82  Mechanical ventilation equipment   80

83  Electrical equipment containing certain chemicals               81

84  Indoor lighting   82

85  Measuring devices   83

86  Self-propelled vehicles   83

87  Insect killing devices   83

88  Installation of equipment etc   84

Division VIII          Maintenance

89  Equipment etc to be maintained   84

90  Performance of repairs etc   84

Division IX            Water supplies

91  Use of potable water   85

92  Information to accompany application for registration           85

93  Underground water supply   85

94  Use of non-potable water   85

95  Standards for potable water   86

96  Monitoring of chlorinated potable water supply   87

97  Record of monitoring results   87

98  Non-compliance of potable water supply   87

99  Procedure where samples do not comply   87

100  In-plant chlorination system   88

101  In-plant storage tanks for potable water   89

102  Quantity and pressure of water   89

103  Water for hand washing and sterilisation   89

104  Potable water reticulation   89

105  Reuse of potable water   90

Division X             Steam and ice

106  Steam   90

107  Ice   90

Part 4                 Sanitation of registered establishment and its environs

108  Registered establishment sanitation procedures                  91

109  Cleaning   91

110  Establishment and facilities sanitation   92

111  Contamination of prescribed goods   92

112  Drainage systems   93

113  Pest control measures   93

114  Amenities   94

115  Abnormal circumstances   94

Part 5                 Sanitary practices by persons

116  Prohibitions   95

117  Persons suffering from disease etc not to enter certain areas 95

118  Cleanliness and washing of hands   96

119  Procedures where carcase etc condemned   96

120  Accidental contamination   97

121  Medical examination   97

Part 6                 Clothing, footwear and accessories

122  Clean clothing to be worn   98

123  Changing of clothing etc when soiled   98

124  Storage of personal clothing   99

125  Footwear   99

126  Clothing and footwear to be worn at all times   100

127  Aprons and gloves   100

128  Aprons, gloves etc not to be worn to toilet   101

129  Storage of aprons, gloves etc in boning room   101

130  Knife scabbards etc   101

131  Jewellery etc   101

Part 7                 Live animals

Division I              Carriage of live animals

132  Construction and maintenance of vehicles employed in the carriage of live animals          102

133  Injury etc during carriage   102

134  Construction and maintenance of unloading facility for live animals         102

Division II             Receival of animals onto registered establishment

135  Restrictions on entry of certain animals unless conditions met 103

135A  Animals to be identified   104

136  Entry of animals for slaughter   105

137  Entry of animals from quarantine zone   105

138  Entry of animals suffering from notifiable disease               106

139  Entry of animals treated with, or exposed to, a  drug etc    106

139A  Restriction on animals treated with HGP   107

140  Entry of animals used in drug etc trials or experiments       109

141  Entry of animals exposed to effluent from human sewage treatment       109

Division 2A           Identification of animals not treated with HGP

141A  Definitions   110

141B  Application of Division   110

141C  Restriction on export   111

141D  Restriction on HGP treatment   111

141E  Animal identification tags and tall tags   111

141F  Accreditation of properties   112

141G  How is a property accredited?   116

141H  How does accreditation end?   117

141I  Return of equipment   117

Division III            Removal of animals from registered establishment

142  Removal prohibited unless approval received   118

Division IV            Holding and handling of animals

143  Mixing of animals prohibited   118

144  Duration of holding period for live animals   118

145  Capacity of holding pens   119

146  Use and maintenance of holding areas   119

147  Drainage of certain areas   119

148  Surveillance of live animals during holding period                120

149  Handling of disabled etc animals   120

150  Handling of dead or dying animals   121

151  Handling of live animals   121

Division V             Work animals

152  Work animals that may be present   121

153  Number of work animals   122

154  Housing of work animals other than dogs   122

155  Use and housing of dogs   122

Division VI            Emergency measures where notifiable disease is detected or suspended

156  Implementation of procedures   123

157  Notification of State or Territory authorities   124

158  Procedures to be implemented where a notifiable disease is listed in Animal Health in Australia Volume 9 — Exotic Diseases   124

159  Procedures where State or Territory authority’s agent not readily available          126

160  Obligations of occupier of registered establishment            126

Part 8                 Ante-mortem inspection

Division I              Notification of day’s slaughtering

161  Notification to be provided   128

162  Information to be included in notice   128

Division II             Animals to be inspected before slaughter

163  Animals not to be slaughtered until inspected                    129

164  Animals to be rested before inspection   129

Division III            Ante-mortem inspection procedures

165  Area for ante-mortem inspection   129

166  Assistance to be provided   130

167  Presentation of animals for ante-mortem inspection           130

Division IV            Suitability of animals for slaughter

168  Factors to be taken into consideration   131

169  Disposition of animals   131

170  Further inspection of animals   132

Division V             Animals passed for slaughter

171  Identification and presentation   133

Division VI            Animals passed for restricted slaughter

172  Reasons for classifying as restricted slaughter                  133

173  Identification of restricted slaughter animals   134

174  Identification to be maintained   134

175  Procedures for handling restricted slaughter animals          134

Division VII           Animals passed for emergency slaughter

176  Reasons for classifying as emergency slaughter                135

177  Identification of emergency slaughter animals                    135

178  Procedures for handling emergency slaughter animals       136

Division VIII          Animals returned for further treatment

179  Reasons for return for further treatment   137

180  Procedures for handling animals returned for further treatment 137

Division IX            Animals retained for further inspection

181  Reasons for retention of animals   138

182  Suspect pen or yard   138

183  Inspection of retained animals   138

184  Disposal of retained animals after inspection   139

Division X             Animals rejected from slaughter

185  Reasons for rejection   139

186  Identification of animals rejected from slaughter                 139

187  Procedures for handling animals rejected from slaughter     140

188  Procedures where animals are to be destroyed                  140

Part 9                 Slaughter and dressing

Division IA            Preliminary

188A  Interpretation   142

188B  Slaughter and dressing   142

188C  Obligations of occupier   142

Division I              Identification of animals, carcases and parts

189  Animal identification to be retained   143

190  Carcases and parts identification   143

Division II             Separate area for slaughter

191  Slaughter area   144

Division III            Stunning

192  Stunning of animals   144

193  Personnel stunning animals   144

194  Stunning equipment   144

195  Methods of stunning   145

195A  Carbon dioxide gas stunning to be approved etc                147

195B  Approval of carbon dioxide gas stunning   148

196  Certain meat to be destroyed or used for animal food         149

197  Post-stunning handling   149

Division IV            Bleeding

200  Bleeding area   149

201  Bleeding procedures   149

202  Collection of blood for human consumption   150

Division IVA     Ritual slaughter without prior stunning

202A  Stunning may not be required for certain ritual slaughter     150

202B  Application for ritual slaughter without prior stunning          151

202C  Approval   153

203.1  Ritual slaughter — restraint etc   154

203A  Officer in charge to be satisfied   155

Division IVB         Saving

203B  Saving   156

Division V             Dressing

204  Commencement of dressing   157

205  Dressing procedures   157

206  Dressing of carcases   158

207  Skinning of cattle, buffalo etc heads   159

208  Skinning of small calf, sheep etc heads   160

209  Trimming   161

210  Washing of skinned carcases   161

211  Pre-evisceration washing   161

212  Emergency procedures   161

Division VI            Evisceration

213  Timing of evisceration   162

214  Evisceration procedures   162

215  Removal of material not fit for human consumption etc       163

Part 10               Post-mortem inspection

216  Post-mortem inspection to be carried out   164

217  Area for post-mortem inspection   164

218  Carcases and parts not to be interfered with   164

219  Presentation for post-mortem inspection   165

220  Saving of parts   166

221  Retention for further inspection   166

222  Decision as to disposition   166

223  Criteria for disposition   167

224  Decision as to disposition may be delayed   167

225  Disposition may include treatment   167

226  Disposition where not suitable as prescribed goods           167

227  Method of disposition where not suitable as prescribed goods 167

Part 11               Identification and handling of prescribed goods and other goods

228  Identification of prescribed goods   169

229  Identification and disposal of goods to be condemned        169

230  Identification and handling of animal food material              170

231  Identification and handling of pharmaceutical material         170

232  Recording of information relating to material not fit for human consumption etc    170

233  Certificate of condemnation   171

234  Handling of prescribed goods   171

235  Handling of goods suitable for domestic markets               172

236  Removal of carcases etc from the dressing area                172

Part 12               Handling of green offal

237  Production of green offal, general   173

238  Area in which green offal is processed   173

239  Production of green offal by cooking or scalding                 174

240  Use of chemicals   175

241  Refrigeration before packing   175

242  Draining before packing   175

243  Additional restrictions on export of green offal                    175

Part 13               Handling and storage of refrigerated prescribed goods

Division I              General requirements

243A  Interpretation   176

244  Holding of other goods with prescribed goods                    176

245  Disposition where undue deterioration found   177

246  Inventory and records   177

Division 11           Chilling

247  Refrigeration chambers — chilling   177

248  Breakdown of refrigeration chambers — chilling                 178

249  Chilling practices and operations   178

250  Chilling of carcases etc   179

250A  Chilling of wrapped carcase etc   180

251  Chilling of edible offals   181

252  Contamination of chilled prescribed goods   181

Division III            Freezing

253  Refrigeration chambers — freezing   182

254  Breakdown of refrigeration chambers — freezing                182

255  Temperature recording devices   182

256  Freezer practices and operations   183

257  Freezing of carcases etc   183

257A  Freezing of wrapped carcases etc   183

258  Freezing of edible offal   184

259  Restrictions on freezing of chilled carcases etc                 185

259A  Freezing of certain vacuum packed goods   186

260  Storage of frozen prescribed goods   186

261  Contamination of frozen prescribed goods   186

Part 14               Thawing or tempering of frozen prescribed goods

Division I              Readying for boning

262  Refrigerated chamber to be used   188

263  Restriction on goods in chamber   188

264  Operation of refrigerated chamber   188

265  Chamber to be fitted with temperature recording device      189

266  Packaging material to be removed for thawing                   189

267  Monitoring of process   189

Division II             Readying for meat products

268  Method of thawing or tempering   189

269  Conditions for use of immersion vessel for thawing             189

Part 15               Boning

Division I              General requirements

270  Area in which boning takes place   191

271  Boning procedures   191

Division II             Boning of chilled goods

272  Handling of boned goods   192

273  Chilling or freezing of boned goods   192

Division III            Boning of frozen goods by sawing

274  Temperature on completion of boning by sawing                194

275  Handling of goods boned by sawing   194

Division IV            Boning of thawed frozen goods

276  Thawing of frozen goods to be boned   194

277  Temperature on completion of boning   194

278  Freezing of boned goods   195

Division V             Boning of tempered frozen goods

279  Tempering of frozen goods to be boned   195

280  Temperature on completion of boning   195

281  Freezing of boned goods   195

Division VI            Hot boning

282  Programme to be submitted for approval before commencement            196

283  Contents of programme   196

284  Room in which hot boning takes place   196

Division VII           Reinspection of boneless meat

285  Boneless meat to be reinspected   196

286  Disposition of boneless meat that does not comply            197

Part 16               Entry of goods from other sources

Division I              Transfer of prescribed goods between registered establishments

286A  Application   198

287  Conditions of transfer   198

287A  Attachment and endorsement of information   200

288  Temperature during transport   201

289  Transfer of certain prescribed goods   202

290  Procedures where transfer certificate not available             203

291  Obligations of occupier of receiving establishment              203

292  Off-loading during transit   204

Part 16A            Entry of certain goods

Division I              Preliminary

299A  Application   205

299B  Interpretation   205

Division II             Entry of goods not prepared in accordance with these Orders onto a registered establishment

299C  Entry of certain goods prohibited   209

299D  Prohibition not to apply in certain circumstances               210

299E  Entry of goods used for employee meals   211

299F  Entry of vehicles carrying goods   211

299G  Entry of exported goods returned to Australia                    212

Division III            Non-export meat

299H  Conditions and restrictions applying to entry of non-export meat for storage, distribution or processing as domestic product   213

299I  Controls over non-export meat at storage   215

299J  Special controls relating to registrations including slaughtering or boning meat operations            216

299K  Approval of non-export meat programme required               217

299L  Non-export meat programme may apply to certain goods produced on a registered establishment etc   218

299M  Application for entry of non-export meat programme           218

299N  Non-export meat and registration for ‘slaughtering’ operation — approved programme       221

299O  Non-export meat and registration for ‘storing’ operation  — approved programme 221

299P  Non-export meat and registration for ‘producing meat products’ operation — approved programme   222

299Q  Non-export meat and registration for ‘boning meat’ operation — approved programme      224

299R  Non-export meat and registration for producing animal casings or ‘producing animal runners’ operation — approved programme   226

299S  Obligations of occupier   227

291  Authorized officer in charge may approve certain variations to programme           228

299U  Operation of programme   229

299V  Deviation from approved programme   230

Division IV            Entry of goods from a foreign country for boning or the preparation of meat products for export

299W  Conditions and restrictions applying to the entry of goods from a foreign country for boning or further processing as meat product for export   231

299X  Scope of approved programme   232

299Y  Additional conditions and restrictions may apply to the preparation of certain meat or meat products for export   234

299Z  Special conditions may apply to goods from New Zealand  234

299ZA  Approval of entry of goods from a foreign country for further processing (by boning or preparation as a meat product) for export programme required                  235

299ZB  Application for entry of goods from a foreign country for further processing (by boning or preparation as a meat product) for export programme   235

299ZC  Operation of programme   237

299ZD  Deviation from approved programme   238

Division V             Entry of certified animal intestines for processing as export casings

299ZE  Conditions and restrictions applying to entry of certified animal intestines for further processing as casings for export   238

299ZF  Approval of entry of intestines for further preparation as casings for export programme required     239

299ZG  Application for entry of intestines for further preparation as casings for export programme 240

299ZH  Operation of programme   242

299ZI  Deviation from approved programme   242

Division VI            Entry onto a registered establishment of goods for inedible rendering or disposal by incineration

299ZJ  Conditions and restrictions applying to entry of goods for inedible rendering or disposal by incineration   243

299ZK  Approval of entry of goods for inedible rendering or disposal by incineration programme required   243

299ZL  Application for entry of goods for inedible rendering or disposal by incineration programme           244

299ZM  Operation of programme   245

299ZN  Deviation from approved programme   245

Division VII           Saving

299ZO  Saving   246

Part 17               Approved programmes

299ZP  Interpretation   247

300  Application for approval of programme   247

301  Contents of application   249

302  Copies of application   250

303  Endorsement by authorized officer   250

304  Application to be forwarded through area office                  251

305  Approval   251

306  Obligations of occupier   252

307  Approved programme not to be deviated from   253

308  Approval of variations   253

309  Secretary may require variations to be made   253

310  Emergency variation   254

311  Deviation from approved programme   254

312  Variation, suspension or revocation of approved programme 255

313  Notice of suspension or revocation   255

314  Period of suspension   255

Part 18               Halal meat

Division I              Preparation of Halal meat

315  Establishment to be approved   256

316  Slaughtering   256

Division II             Australian Government Supervised Muslim Slaughter Programme

317  Application for approval   256

318  Contents of application   256

Division 11.4         Variation of Australian Government Supervised Muslim Slaughter Programme

318A  Approval of certain variations   257

Division III            Halal markets

319  Determination of Halal markets   258

320  Notification of Halal markets   258

321  No other meat to be sent to Halal market   258

322  Exception   258

Division IV            Halal trade description

323  Halal identification to be included   259

Division V             Loss of Halal identity

324  Deviation from programme   259

325  Detection of non-compliance with programme                    259

Division VI            Certificate for Halal meat

326  Certificate for halal meat   260

327  No other identity certificate to be issued   260

328  Certificate to be completed and issued before export          260

329  Certificate not to be issued after export   261

330.1  Statement by recognised Islamic body   261

330.2  Using certificate to falsely certify meat   261

Division VII           Recognised Islamic body

331  Determination of recognised Islamic body etc                    261

332  Notification of recognised Islamic bodies etc   262

Part 19               Application of offical marks

Division I              Stamping of prescribed goods, tags, cartons and marks

333  Official mark to be applied   263

333A  Official mark not required   264

334  Optional application of official mark   264

335  Application of official mark to certain prescribed goods       265

Division III            Additional stamping of Halal meat

338  Application of mark   266

Division IV            Additional foreign country marking

339  Application of mark   266

Division V             Legibility and application of official mark

340  Legibility etc of mark   267

341  Means of applying mark to surface of goods   267

Division VI            Prohibition on use of certain marks

342  Use of State or Territory classification marks prohibited      267

Division VII           Resemblances of official marks

342A  Resemblance of official marks   268

Part 21               Sealing of cartons, transport, establishment and samples

Division I              Sealing of cartons

344  Carton sealing for foreign country   269

Division II             Sealing of transport, container system units, ships, establishment and samples

350  Sealing of transport   270

350A  Other means of securing may apply   270

351  Sealing of container system units   271

352  Sealing of ships etc   272

353  Sealing of establishments   272

353A  Other means of physical security may be approved            274

354  Sealing of samples   274

355  Application of seals and locks   274

356  Seals and locks not to be broken or interfered  with etc      275

356A  Breakage or interference with seals or locks at establishment 277

357  Breakage or interference with seals or locks during transport 277

Division III            Saving

357A  Saving   278

Part 22               Date marking

358  Prescribed goods to be date marked   279

359  Date of packaging   279

360  Code to be approved when used   279

361  Design of date of packaging other than for cans                 280

362  Legibility of date of packaging   280

363  Altering or interfering with date of packaging prohibited       280

364  Expiry date or shelf life   281

Part 23               Restriction on use of certain beef and veal

365  Excessively yellow fat   282

366  Excessively dark flesh   282

Part 23A            Grain fed beef

Division I              Grain fed beef

367A  Interpretation   283

367B  Evidence of compliance with AUS-MEAT feeding schemes 284

367C  Completed NFAS forms to serve as evidence                    285

367D  Additional conditions applying to slaughter and processing 286

367E  Additional conditions applying at export   288

367F  Actions if evidence provided is incorrect, misleading or improperly made 288

367G  Persons to comply   289

Division II             Saving

367H  Saving   289

Part 23B            Pink veal

Division I              Pink veal

367I  Application   291

367J  Interpretation   291

367K  Evidence of compliance with AUS-MEAT feeding schemes etc 292

367L  Completed LPAS Delivery Docket to serve as evidence      294

367M  Additional conditions applying to slaughter and processing 295

367N  Actions by authorized officer if evidence provided is incomplete, incorrect, misleading or no longer applies   296

367O  Additional conditions applying at export   297

367P  Actions if evidence provided is incorrect, misleading or improperly made 297

367Q  Persons to comply   298

Division II             Sailing

367R  Saving   299

Part 24               Trade descriptions

368  Requirements to be complied with   300

370  Tolerances for units of measurement in trade descriptions  300

371  Identification on slaughter floor and during transport           300

372  Indication of refrigerated state and Storage temperature      301

373  Export of prescribed goods with additional trade description information prohibited unless approval received   302

373A  Trade description for meat products   303

374  Information to be included on prescribed tag   303

374A  Information to be included on cartons   305

374B  Other trade description requirements   308

375  Disposition where non-compliance detected   308

Part 25               Loading for export

377  Loading under supervision or direction of authorized officer  310

378  Provision of authorized officer to supervise loading             310

379  Restrictions on loading certain prescribed goods               310

380  Restrictions on loading prescribed goods after elapsed time 310

381  Protection of prescribed goods during loading for export     312

382  Loading of prescribed goods direct into ship or aircraft        312

383  Loading of prescribed goods direct into container system unit 312

384  Temperature of prescribed goods at time of removal from refrigeration chamber    313

385  Temperature of prescribed goods at time of loading            313

386  Container system unit not to be loaded onto ship or aircraft if damage etc has occurred   314

387  Authorized officer to inspect prescribed goods that are transferred between container system units   315

388  Inspection where container system unit suspected of being damaged etc           316

Part 26               Meat products

Division I              Arrangements requiring approval

389  Thermal process to be submitted for approval                    317

390  Production programme to be submitted for approval           317

391  Noncompliance with approval   320

392  Application for disposition as prescribed goods                  321

393  Quality arrangements   321

Division II             General requirements

396  Production of certain meat products   322

397  Identification of production batch   322

398  Eligible ingredients   322

399  Other ingredients   324

400  Storage and control of ingredients   325

401  Mixing of ingredients   326

402  Temperature control   326

403  Treatment by massaging or tumbling   327

404  Treatment by curing   327

405  Treatment by cooking, drying or smoking   329

406  Vacuum packing of non-shelf stable meat products            329

Division III            Frozen cooked meat

407  Production   330

408  Handling of meat before cooking   330

409  Procedures before cooking   332

410  Cooking procedures   333

411  Procedures after cooking   334

412  Persons in cooked meat area to comply with certain requirements         335

413  Segregation of equipment   335

414  Records of sampling and testing   336

415  Disposal of waste material   336

416  Disposal of juices   336

Division IV            Canned meat

417  Production   336

418  Can examination   337

419  Defective cans   339

420  Equipment   340

421  Procedures before application of thermal process              341

422  Monitoring of thermal process   343

423  Deviations from approved thermal process   344

424  Post-processing procedures   345

425  Identification of canned meat   346

426  Control of processed canned meat   346

427  Sampling and incubation of processed canned meat          347

427A  Defective samples   349

Division V             Meat extract

427B  Production   350

Division VI            Meat fractions

427C  Raw material   350

427D  Treatment and handling   351

Division VII           Mechanically separated meat

427E  Production   352

427F  Raw material   352

427G  Handling after separation   353

Division VIII          Edible fat

427H  Production   354

427I  Handling after production   354

427J  Identification of drums and tanks   355

Division IX            Saving

427K  Saving   355

Part 27               Goods not fit for human consumption

Division I              Animal food

428  Staining of animal food   356

429  Application of stain   357

430  Labelling of animal food   357

431  Production of animal food in registered establishment        360

432  Handling of animal food at registered establishment           361

433  Control systems in registered establishment   361

434  Use of prescribed goods as animal food   362

435  Transfer of animal food from registered establishment         362

436  Animal food eligible for export   363

Division II             Pharmaceutical material

437  Production of pharmaceutical material in registered establishment         363

438  Control systems   364

439  Use of prescribed goods as pharmaceutical material          364

440  Handling of pharmaceutical material at registered establishment            365

Division III            Loading of animal food and pharmaceutical material for export

441  Consignment to be inspected   365

442  Sealing of container system units   365

Part 28               Packaging

443  General requirements   366

444  Fibreboard cartons   367

445  Hessian   367

446  Stockinette   368

447  Tags   368

Part 29               Services of authorized officers

Division I              Services of authorized officers

448  Application to be made for services of authorized officer     369

449  Timing for receipt of application   369

450  Goods not to be produced if authorized officer not present  369

Division II             Slaughter floor and ancillary meat inspection services

450A  Application for inspection services   370

450B  Allocation of inspection services   370

450C  Notification of preliminary determination   371

450D  Agreed preliminary determination   371

450E  Disputed preliminary determination   371

450F  Revised determination   372

450G  Agreed revised determination   372

450H  Disputed revised determination   372

450I  Review committee   372

450J  Committee to review determination   373

450K  Secretary to reconsider determination   373

450L  Secretary to advise of decision   373

450M  Application to Administrative Appeals Tribunal                   373

450N  Statement in notice   374

450O  Decision not affected   374

450P  Orders to apply in lieu of other orders   374

450Q  Meaning of decision   374

450R  Notification of proposed changes   374

450S  Application to alter allocation of inspection services           374

450T  Additional inspection services   375

450TA  Termination of additional inspection services   376

450U  Shutdown   376

450V  Change in allocation   376

450W  Disputed allocation   376

450X  Initial allocation ceases to have effect   377

450Y  Secretary to advise of decision   377

450Z  Application to Administrative Appeals Tribunal                   377

450ZA  Statement in notice   377

450ZB  Decision not affected   377

450ZC  Orders to apply in lieu of other orders   377

450ZD  Meaning of decision   378

450ZE  Withdrawal of inspection services   378

450ZF  Meaning of terms used   378

450ZH  Commencement   378

Part 30               Saving

451  Carryover of official mark   379

Part 31               Foreign country requirements

452  Foreign country requirements   380

Part 32               Quality assurance arrangements

453  Approval of a quality assurance arrangement   381

454  Conditions of the approval   383

455  Obligations of the holder of the approval   384

456  Functions that can be performed by persons other than authorised officers         385

457  When notice of variation of the procedures  must be given  385

458  Variations required by the Secretary   386

459  Corrective action request   387

460  Suspension and revocation   388

461  Action to be taken where approval is suspended and revoked 390

462  False or misleading representations .   390

463  Approval lapses if a person ceases to be in control of the operations      391

464  Approved arrangement   391

465  Savings provisions   391

Part 1                 Preliminary

1. Name of orders [see Note 1]

These orders are the Export Meat Orders 1985.

2              Commencement

These Orders shall come into operation on 29 April 1985.

1. Incorporation with Prescribed Goods (General) Orders

These Orders shall be read as one with the Prescribed Goods (General) Orders as amended.

4A

The Schedules to these Orders have the same force and effect as the Orders.

4B           Contravention for purposes of Regulations

The words ‘Penal provision’, when set out at the foot of any provision in these Orders indicate that a contravention of that provision is a contravention for the purposes of regulation 4 of the Regulations.

1. Application

5.1   These Orders apply to:

(a)    animal food;

(b)    edible offal;

(c)    Halal meat;

(d)    meat;

(e)    meat products; and

(f)    pharmaceutical material;

which are declared to be prescribed goods for the purposes of the Act.

5.2   In relation to the prescribed goods specified, orders, other than those detailed in this suborder, do not apply to:

(a)    animal food:

(i)    paragraph 48 (j);

(ii)    subpargraphs 53 (b) (iii);

(iii)    orders 36, 116, 230 and 289;

(iv)    PART 6;

(v)    Divisions I and III of PART 27; and

(vi)    PARTS 8, 9 and 10 of the Prescribed Goods (General) Orders as amended; and

(b)    pharmaceutical material:

(i)    orders 36, 231 and 289;

(ii)    Divisions II and III of PART 27; and

(iii)    PARTS 8, 9 and 10 of the Prescribed Goods (General) Orders as amended.

Note   The provisions listed at suborder 5.2 are drafted in terms of Prescribed goods’ and make no particular reference to the kind of prescribed good that is the subject of, or referred to in, the provision. In the other provisions specific reference is made to ‘animal food’ and to ‘Pharmaceutical material’ which, for the purposes of these Orders, are prescribed goods.

1. Interpretation

In these Orders, unless the contrary intention appears:

active chiller means a chiller that is used for the initial reduction from body temperature.

ageing, in relation to chilled meat or edible offal, means the process whereby tissues are subject to breakdown due all or in part to the action of naturally occurring enzymes without adversely affecting the safety or soundness of the meat or offal

animal food does not include biscuits, dried hide pieces or rendered meals.

ANZFA means the Australia New Zealand Food Authority and includes references to the (Australian) National Food Authority.

approved programme includes:

(a)    a programme approved under Part 17;

(b)    an approved quality assurance arrangement; or

(c)    any other arrangement approved under these Orders.

approved quality assurance arrangement means an arrangement approved under PART 32.

area, in relation to a geographic region, means a geographic region that:

(a)    is recognised by the Secretary as an area for the purpose of administering the Act; and

(b)    may take in all, or part, of one or more States or Territories.

area office:

(a)    means the Departmental office responsible, wholly or in part, for the administration of the Act in an area; and

(b)    may be a regional office.

AUS-MEAT means the body established under section 16 of the Australian Meat and Live-stock Corporation Act also known as the Authority for Uniform Specifications of Meat and Livestock.

authorised Muslim slaughterer means a slaughterer who:

(a)    has been authorised by a recognised Islamic body as being suitable to slaughter animals in accordance with Islamic rites; and

(b)    is in possession of current identification issued by the Australian Meat and Livestock Corporation that attests to such authorisation.

bias in relation to pork fat depth measurements, means the sum of the differences of the measurements for a specified number of carcases, made by the occupier of a registered establishment.

bobby calf means a calf that weighs no more than 80kg live weight or 40kg dressed weight.

boning means the:

(a)    procedure by which meat is removed from the bones of a carcase, a portion of a carcase or a carcase part;

(b)    production of bone-in meat cuts; or

(c)    production of boneless meat cuts;

but does not include the production of meat fractions and mechanically separated meat.

cadaver means the dead body of an animal that has not been slaughtered in accordance with these Orders.

can means any covering that is:

(a)    constructed of approved materials; and

(b)    capable of being hermetically sealed;

but does not include a covering manufactured from thermally unstable packaging film.

canned means hermetically sealed in a can and subsequently subjected to a heat treatment.

cannery retort supervisor means a person possessing qualifications, approved by the Secretary, in retort operation.

carcase means the whole body of a slaughtered animal:

(a)    before dressing;

(b)    after bleeding and during dressing; or

(c)    after dressing;

and may include those forms of carcases specified in Schedule 2.

carcase part means any potentially edible tissue or structure removed from a carcase.

casings means the submucosal layer of tissue of intestines that is:

(a)    intended for human consumption; and

(b)    derived from animals from which meat is obtained.

comminuted includes chopped, diced or minced.

condition, in relation to the suitability of an animal for slaughter or the soundness of any meat or offal that may be derived from slaughtering an animal, means a defect in an animal, its carcase, flesh or parts that may affect the carcase, flesh or parts to a degree that would prevent their acceptance for human consumption, animal food or other use.

consistency in relation to pork fat measurement, means the sum of the differences of the measurements for a specified number of carcases, ignoring whether higher or lower, made by the occupier of a registered establishment.

consumer ready, in relation to a meat product, means a fully processed finished food that:

(a)    is labelled for retail sale; and

(b)    generally is wrapped or packed in some form of inner packaging comprising a can, plastics material, carton or the like).

Construction Guidelines means the ‘Construction and Equipment Guidelines for Export Meat’ (2nd edition) published by the Australian Government Publishing Service.

condition means a defect in an animal, its carcase, flesh or parts that may affect the carcase, flesh or parts to a degree that would prevent their acceptance for human consumption.

contents in relation to green offal, means all materials and fluids contained in any portion of the alimentary tract of animals from which meat is obtained.

curing means the process whereby the colour and flavour of meat or meat products is changed by the use of curing agents.

deviation, in relation to an approved thermal process, means a reduction in:

(a)    processing temperature;

(b)    temperature of the goods at, or immediately before, the commencement of the thermal process;

(c)    duration of the heating cycle; or

(d)    duration of the cooling cycle;

to that specified in the approval for the thermal process.

disease, in relation to an animal, means the presence of an infectious agent or pathological process that:

(a)    affects the state of health of an animal to an extent that would prevent acceptance of the carcase, the flesh or the parts derived from the animal for human consumption; or

(b)    may not necessarily affect the health of the animal but that may be transmitted to other animals or humans:

(i)    that contact the animal;

(ii)    that contact the carcase, flesh or parts of that animal; or

(iii)    who might consume goods derived from the animal.

dressing in relation to slaughtered animals, includes:

(a)    in the case of animals (other than pigs or goats) — the removal of the:

(i)    head;

(ii)    skin including that of the head as specified in these Orders;

(iii)    viscera;

(iv)    genital organs to the extent necessary;

(v)    urinary bladder;

(vi)    feet distal to the carpal and tarsal joints; and

(vii)    udders of mature or lactating animals;

(b)    in the case of pigs — the removal of the:

(i)    hair and bristles;

(ii)    toenails;

(iii)    eyelids;

(iv)    viscera;

(v)    genital organs, to the extent necessary;

(vi)    urinary bladder; and

(vii)    udders of mature or lactating sows; or

(c)    in the case of goats — the removal of the:

(i)    head;

(ii)    skin including that of the head as specified in these Orders, except where dressed as skin-on in which case the hair shall be removed;

(iii)    viscera;

(iv)    genital organs, to the extent necessary;

(v)    urinary bladder;

(vi)    feet distal to the carpal and tarsal joints; and

(vii)    udders of mature or lactating does.

dried meat means meat which has:

(a)    a moisture content of less than 350 grams per kilogram; and

(b)    a water activity of not more than 0.85.

edible means suitable for human consumption.

edible offal means:

(a)    the glandular organs of the thoracic and abdominal cavities;

(b)    the heart;

(c)    portions of the alimentary tract;

(d)    the lungs;

(e)    the spleen;

(f)    portions of the urogenital system;

(g)    the thymus;

(h)    the brain;

(i)    the muscular tissues of the head, where these are separated from the head without prior chilling as part of the dressing procedure;

(j)    the tissues of the diaphragm, where these are separated from the carcase without prior chilling as part of the dressing procedure;

(k)    the tail; and

(l)    feet or tendons, where they are separated from the carcase without prior chilling as part of the dressing procedure;

derived from cattle, buffaloes, solipeds, calves, sheep, lambs, pigs, goats or deer that are slaughtered at a registered establishment and found suitable for human consumption.

established limits means the maximum national residue limits or levels of contaminants set out in the following Food Standards Codes of the Australia New Zealand Food Authority:

(a)    Food Standards Code — A 12 Metals and Contaminants in Food; and

(b)    Food Standards Code — A 14 Residues in Food.

even line of animals means animals of the same type, which are raised under similar conditions during a particular period of time.

evisceration means the removal from a carcase of the:

(a)    gastro-intestinal tract, its contents and associated organs;

(b)    internal portions of the urogenital tract and its contents (except kidneys, the removal of which is optional); and

(c)    heart, lungs and liver.

expert authority:

(a)    means:

(i)    a scientific institution, organisation or body, of which one or more of the personnel together possess; or

(ii)    one or more natural persons who together possess, the qualifications and expertise necessary to;

(iii)    make a sound and informed assessment; and

(iv)    provide technical advice;

on the effectiveness or otherwise of an operation, process, procedure, matter or thing that is, or is intended to be, used in connection with prescribed goods; and

(b)    may include an approved analyst, a competent authority or a commercial business.

Export Meat Manual means Volume 1 of the ‘Australian Export Meat Manual’ published by the Australian Government Publishing Service.

Export Meat Manual Volume 2 means Volume 2 of the ‘Australian Export Meat Manual’ entitled ‘Requirements for Overseas Countries’ published by the Australian Government Publishing Service.

export system means the sum total of all regulatory controls within Australia that apply to, or in respect of, the preparation and export of prescribed goods as part of the official inspection system administered by the Department under the Act.

exported, in relation to a prescribed good, means that the vessel or aircraft carrying the good has for the first time since the good was loaded for export left Australian Territorial waters or airspace, as the case may be.

finished, in relation to a kind of meat product:

(a)    means finally prepared for human consumption; and

(b)    in the case of a meat product that requires a period of maturation before processing is complete — means the meat product has undergone a minimum period in storage consistent with product safety and wholesomeness).

food standards officer means an authorized officer who possesses qualifications that are approved by the Secretary as appropriate for meat or food inspection.

frozen cooked meat means meat that has been subjected to an approved thermal process that gives it the appearance of cooked or roasted meat, and then frozen.

game animal has the same meaning as in the Game, Poultry and Rabbit Meat Orders as amended.

gas impermeable covering, in relation to a plastics covering, means a plastics covering that:

(a)    causes the diffusion of gases through the substance of coverings applied to prescribed goods to be effectively retarded; and

(b)    may be used under controlled conditions for ageing chilled prescribed goods without adversely affecting the acceptability or soundness of those goods.

GR site in relation to meat from ovine or caprine animals, means the site over the 12th rib 110mm from the midline of the carcase.

green offal means edible offal that is a portion of the alimentary tract distal to the pharnyx.

Halal meat means meat, edible offal or meat products obtained from buffaloes, cattle, calves, sheep, lambs and goats that have been slaughtered in accordance with Islamic rites by an authorised Muslim slaughterer, and have been prepared in accordance with these Orders.

HGP (hormonal growth promotant) means a veterinary chemical product that:

(a)    contains a substance that is, or a mixture of substances that are, responsible for oestrogenic, androgenic or gestagenic activity to enhance growth or production in cattle or buffalo; and

(b)    is registered for use for this purpose in Australia.

high quality tallow means animal fat or a combination of animal fat and vegetable fat that has:

(a)    a free fatty acid content not greater than 0.5%;

(b)    a colour not exceeding 11A F.A.C. units as assessed in accordance with procedures established by the Fats and Oils Committee;

(c)    an initial peroxide value of not greater than 4 milli-equivalents per kilogram (MEq/kg); and

(d)    been thermally treated to eliminate vegetative bacterial forms by heating to at least 90°C for not less than 1 minute;

and may have been treated to remove odours by the application of low pressure steam.

high temperature tallow means animal fat or a combination of animal and vegetable fat that under vacuum:

(a)    has been heated to a temperature of not less than 200°C and maintained at such a temperature for not less than 15 minutes; or

(b)    has been heated to a temperature of not less than 180°C and maintained at such a temperature for not less than three hours.

integrity, in relation to prescribed goods, means the identity of the prescribed goods in regard to any condition or restriction that may apply has not been lost nor been confused with that of other goods, including goods that are not eligible for export.

Islamic body includes Islamic organisation.

layer pack means a carton that contains two or more layers of prescribed goods with each layer being separated by an approved material.

loading for export means the point at which prescribed goods are:

(a)    stowed for export into a container system unit at a registered establishment; or

(b)    stowed direct on board a ship or aircraft without first being stowed into a container system unit.

massaging, in relation to meat, means the process whereby:

(a)    the meat structure is disrupted; and

(b)    meat proteins are extracted;

by friction applied to the meat.

maturation, in relation to a final process stage in the production of a meat product, means that period of storage undertaken as a final step in the production process that allows changes to take place, which serve to reduce the numbers of one or more kinds of microbial flora that may be present or to inhibit their growth.

meat means tissue (other than edible offal) derived from slaughtered cattle, buffaloes, solipeds, calves, sheep, lambs, pigs goats or deer and intended for human consumption.

meat fractions means meat by-products that are:

(a)    suitable for human consumption;

(b)    substantially free of bone particles; and

(c)    derived by rendering.

meat inspector means an authorized officer who is a meat inspector and includes a foods standards officer undertaking the tasks of a meat inspector.

meat product means a food that has been processed beyond boning, slicing or trimming (but does not apply to any meat or offal that has been further processed only by wrapping, packing, refrigeration, ageing or the simple addition of surface spices, or any combination of these), other than:

(a)    soup, soup powder or soup concentrate;

(b)    refined tallow that contains animal fat;

(c)    gelatin; and

(d)    regenerated collagen products;

and is suitable for human consumption, being a food that:

(e)    has been prepared from meat, Halal meat or edible offal; and

(f)    contains in excess of 5% by mass of meat, Halal meat or edible offal, either singly or in combination.

meat temperature means the temperature of:

(a)    an item of prescribed goods; or

(b)    a package of prescribed goods;

when measured at the estimated thermal centre.

mechanically separated meat means meat that is:

(a)    suitable for human consumption;

(b)    substantially free of bone particles;

(c)    recovered from boning room bones or from certain bony structures recovered at dressing; and

(d)    produced by the use of a mechanical system that involves the controlled application of compressive force.

new premises means premises, whether constructed or not, that are not a registered establishment or that have not been registered for the operation for which registration is sought within the previous 30 days.

non-viscera offal means edible offal comprising all or part of the:

(a)    tongue;

(b)    cheeks;

(c)    muscular coat of the oesophagus; or

(d)    feet or tendons;

where they are separated before chilling, or the:

(e)    tail; or

(f)    tissues of the diaphragm.

notifiable disease means:

(a)    in the case of an exotic disease — any disease listed in the publication ‘Exotic Diseases of Animals: a field guide for Australian veterinarians’, of the Bureau of Resource Sciences, Department of Primary Industries and Energy, published in 1995 by the Australian Government Publishing Service, Canberra; or

(b)    in all other cases — any disease determined as notifiable by a competent authority in the State or Territory in which the registered establishment is located.

objectionable industry includes cemeteries, public rubbish tips and sewage treatment plants.

P2 site, in relation to meat from porcine animals, means the insertion site over the last rib that is:

(a)    in the case of electronic fat depth indicators — 59mm on either side; or

(b)    in the case of an introscope:

(i)    65mm to the right; or

(ii)    53mm to the left;

of the midline of the carcase when the carcase is hung by the hind legs and viewed from the dorsal surface.

P8 site, in relation to meat from bovine animals, means the fat measurement site at the point of intersection of a line from the dorsal tuberosity of the ischium parallel with the spine, and a line at 90 degrees to the spine centred on the crest of the spinous process of the third sacral vertebra.

portion, in relation to a carcase, means a side, quarter or crop that has not undergone boning.

portion control, in relation to the preparation of meat:

(a)    means the production of small cuts of meat that:

(i)    comprise, or are derived from, the same category of primal meat cut; and

(ii)    are, or are as near as is practicable, of uniform size, mass, dimensions and appearance, using no other procedure, process or treatment other than simple trimming, slicing, cutting or sawing; and

(b)    does not include the production of formed meat products that are produced by realignment of meat fibres or similar means after first breaking down natural tissue structure (also known as reformed meat or reformed meat products).

poultry meat has the same meaning as in the Game, Poultry and Rabbit Meat Orders as amended.

prescribed goods means those prescribed goods specified in order 5.

prescribed tag means a tag containing trade description details specified in order 374.

preservative means a substance (other than salt, sugar, wood smoke, acetic acid, lactic acid, pure spice, nitrite of sodium or nitrite of potassium) that is added to prescribed goods for the purpose of preventing or delaying the deterioration of prescribed goods.

primal cut means:

(a)    in the case of cattle, calves, buffaloes and solipeds — any recognisable muscle or muscle group derived from, but not including, a carcase, side, quarter, pistola hindquarter or crop; or

(b)    in the case of sheep, lambs, pigs, goats and deer — any recognisable muscle or muscle group derived from, but not including, a carcase or side.

product of slaughter means any part of a carcase not normally recovered during dressing for edible purposes.

qualified cannery person means a person that:

(a)    possesses qualifications, approved by the Secretary, in canning technology that are appropriate to canned meat production; and

(b)    is listed on the Department’s register of persons holding these qualifications.

rabbit meat has the same meaning as the Game, Poultry and Rabbit Meat Orders as amended.

recognised Islamic body means a body determined by the Secretary in accordance with order 331.

refined tallow refers to both high temperature tallow and high quality tallow.

rendered meal means those kinds of by-products produced by a process of cooking under pressure that causes the separation of tallow fats from solids fractions, and includes meat meal, bone meal, blood meal and the like.

regional office means the State or Territory office of the Department responsible for the administration of the Act in the region and includes any reference to an area office.

registration number, in relation to a registered establishment, means the identity number, comprising one or more numbers or a combination of numbers and letters, allocated to that establishment in accordance with paragraph 21 (a) of the Prescribed Goods (General) Orders.

retort, in relation to canned meat, means to apply a thermal process that renders the canned meat commercially sterile.

runner, in relation to the production of casings, means emptied intestines not processed beyond loosening of the submucosal layer from the surrounding layers of intestinal tissue.

scald, in relation to green offal, means the procedure whereby the application of an appropriate heat treatment permits removal of the mucous membrane.

shelf stable, in relation to meat products, means those finished goods that, under normal storage conditions, do not require refrigerated storage to prevent or delay deterioration.

slaughter means the irreversible loss of consciousness induced in an animal by:

(a)    fatal damage to the brain;

(b)    stunning followed by bleeding to death; or

(c)    bleeding to death;

in accordance with procedures specified in these Orders.

slaughtering establishment means an establishment that is registered to slaughter animals from which prescribed goods are derived.

soilage includes excreta, vomitus, bodily secretions or any other objectionable material that is likely to result in contamination of:

(a)    prescribed goods;

(b)    equipment; or

(c)    the person or apparel of establishment personnel or authorized officer.

soliped includes a horse, donkey or mule.

sterilise means to sanitise by:

(a)    immersion in; or

(b)    spraying at close quarters with;

water at a temperature of not less than 82ºC.

stunning means the procedure by which an animal:

(a)    suffers fatal damage to the brain;

(b)    is electrocuted; or

(c)    is rendered unconscious before being bled to death.

temperature at any point within the goods includes the temperature in the superficial tissues or portions of the goods (also known as the surface temperature).

thermal centre means the point within:

(a)    an item of prescribed goods; or

(b)    a package of prescribed goods;

being the last point where a change in temperature of the goods occurs.

unhusbanded animal means an animal that has not been raised under a system of animal husbandry; and

veterinary officer means an authorized officer who is a veterinary officer.

wholesome in relation to goods means that the goods may be passed as fit for human consumption on the basis that they:

(a)    are not likely to cause food borne infection or intoxication when properly handled and prepared for their intended use; and

(b)    do not contain residues or levels of contaminants in excess of established limits; and

(c)    are free of obvious contamination; and

(d)    are free of defects that are generally recognised as objectionable to consumers; and

(e)    have been prepared under adequate hygienic control; and

(f)    have not been treated with a substance contrary to a law of the Commonwealth.

6A           Effect of notes

In these Orders, a note shall not be taken as part of, nor as having any effect on or in respect of, the provision to which it relates.

Note   Notes are provided for guidance purposes or to indicate the regulations which gave effect to an amendment to these Orders and the nature of the change made. Notes are generally in italics and may be in smaller size print to that used for provisions.

1. Preparation in registered establishment

Prescribed goods to which these Orders apply, other than animal food or pharmaceutical material, shall only be prepared in registered establishments.

7A           Application of orders on the use of certain meats for further processing etc

7A.1   Any condition or restriction made in these Orders in respect of the use of:

(a)    meat for boning for export; or

(b)    meat, edible offal or a meat product in the production of meat products for export;

at a registered establishment applies to, or in respect of, the use of permitted like goods from the point at which the permitted like goods enter the establishment.

7A.2   For the purposes of this order, permitted like goods means meat or offal, or a meat product derived from meat or offal, that was produced in a foreign country:

(a)    under a system of production and inspection that is comparable to the export system and passed as fit for human consumption in accordance with that system; and

(b)    is permitted to be brought onto a particular establishment and used in the preparation of meat or meat products for export in accordance with an approval for:

(i)    a programme made under PART 17 in connection with Division IV of PART 16A of these Orders; or

(ii)    a quality assurance arrangement;

in respect of that establishment.

7B           Application of orders on the use of certain intestines for further processing

7B.1   Any condition or restriction made in these Orders in respect of the use of portions of the alimentary tract or green offal in the production of export casings at a registered establishment applies to, or in respect of, the use of permitted like goods from the point at which the permitted like goods enter the establishment.

7B.2   For the purposes of this order, permitted like goods means animal intestines that:

(a)    were produced at domestic licensed premises under a system of inspection administered by the competent authority of the State or Territory in which the premises are located and were inspected and passed as suitable for use in the preparation of casings intended for human consumption in accordance with that system and are certified by an agent of the authority to this effect; and

(b)    are permitted to be brought onto a particular establishment and used in die preparation of casings for export in accordance with an approval for:

(i)    a programme made under PART 17 in connection with Division V of PART 16A of these Orders; or

(ii)    a quality assurance arrangement;

in respect of that establishment.

1. Notification of operation

The occupier of a registered establishment shall:

(a)    before the completion of export operations in connection with the preparation of prescribed goods at the establishment on a day on which any such operations are carried on; or

(b)    at any other shorter time and under such circumstances as are agreed, in writing where requested, between the occupier and the authorised officer in charge at the establishment;

furnish to the authorised officer in charge at the establishment particulars of the:

(c)    next day on which it is intended to carry on any export operations at the establishment;

(d)    time on the day referred to in paragraph (c) at which it is intended to commence those operations; and

(e)    extent of the expected operations intended to be carried on during the day referred to in paragraph (c).

1. Segregation of carcases and goods from different species

Carcases and prescribed goods derived from different species of animals shall be segregated in accordance with the Export Meat Manual.

Penal provision

1. Treatment of prescribed goods

Where a carcase or a portion of a carcase is treated:

(a)    by electrical stimulation;

(b)    for decontamination using hot water; or

(c)    for decontamination using a food acid approved in accordance with order 31;

(d)    by spray chilling;

the application of the treatment shall be in accordance with any conditions or restrictions specified in the Export Meat Manual.

Note   Use of new technology or new uses of existing technology are provided for at order 300 in respect of approvals for programmes made for this purpose.

Part 1A               Registration of establishments

10A         New Registrations

For the purposes of order 19 of the Prescribed Goods (General) Orders, the Secretary shall not register a slaughtering establishment to be used for the preparation of prescribed goods which is prohibited by a law of a State or Territory from slaughtering animals from which prescribed goods are prepared unless:

(a)    the Secretary believes, on reasonable grounds, that in all the circumstances it would be detrimental to the national interest if the establishment was not registered; and

(b)    the Secretary endorses the certificate issued under order 21 of the Prescribed Goods (General) Orders in respect of that establishment to that effect.

10B         Separate registration for certain species

Unless otherwise approved by the Secretary, premises that are intended to be used to:

(a)    slaughter solipeds, or dress, bone, manufacture or chill prescribed goods derived from solipeds;

(b)    dress, bone, manufacture or chill prescribed goods derived from game animals or rabbits;

(c)    slaughter cattle, buffaloes, calves, sheep, lambs, pigs, goats or deer, or dress, bone, manufacture or chill prescribed goods derived from those animals;

shall be registered only for the operations specified in one of paragraphs (a), (b), or (c) and shall not be concurrently registered for an operation specified in another of those paragraphs.

Note 1   The actual operations for which an establishment is registered (ie that are specified on the registration certificate) are expressed in terms different to that employed in the drafting of this provision. For example, the export operation ‘slaughter animals’ includes the slaughter of the particular kind of animal nominated, the dressing of carcases following slaughter and the chilling of carcases following dressing as well as wrapping of dressed carcases and portions of carcases.

Note 2   This provision only lists operations for which this restriction applies. For example separate registration is not required when frozen goods are stored. No such restriction applies in respect of poultry. If avian species that are not traditionally considered as forms of table poultry are involved (eg emus and ostriches), certain conditions and restrictions may be applied as a condition of registration if these species are to be handled over a dressing system also used, at other times, for an animal species.

Note 3   Registration of an establishment at which certain kinds of operation, or operations in regard to a certain kind of animal, are to be undertaken may be conditional on approval for a programme (referred to at order 300) made for this purpose.

Part 2                 Registered establishments

Division I               Construction of registered establishments and equipment

1. Compliance with certain requirements

All:

(a)    new premises that are intended to be used for the preparation of:

(i)    prescribed goods to which these Orders apply; and

(ii)    other goods derived from those prescribed goods within the premises;

(b)    alterations to existing registered establishments;

(c)    equipment to be used in new premises or existing registered establishments;

(d)    surface finishes, within new premises or existing registered establishments, that come into direct contact with:

(i)    prescribed goods; and

(ii)    other goods derived from those prescribed goods within the premises; and

(e)    floor, wall and ceiling finishes within new premises or existing registered establishments;

shall:

(f)    comply with whichever of the requirements in these Orders; and

(g)    conform in principle with whichever of the guidelines in the Construction Guidelines;

that apply to the operations being carried out, or that are proposed to be carried out, in the registered establishment or the new premises.

1. Approvals required

12.1   Registration of new premises shall not be completed until the proposed site has been approved by the Secretary.

12.1A   Plans, specifications and notations for new premises and alterations to existing registered establishments shall be submitted for approval to the Secretary as specified in:

(a)    Division II of this Part for new premises; or

(b)    Division III of this Part for alterations to registered establishments;

either:

(d)    prior to the registration of new premises and before alterations to existing registered establishments commence; or

(e)    within 7 days of the new premises or alterations to existing registered establishments being inspected pursuant to order 33.

12.2   Where plans and specifications are submitted in accordance with paragraph 12.1A (d) and are modified during construction:

(a)    amended plans and specifications shall be submitted to the Secretary for approval; and

(b)    registration shall not be finalised until the Secretary’s approval has been received.

12.3   Equipment that is to be used in any part of new premises, or existing registered establishments, in ways that affect export operations being carried on in the premises or establishment, as the case may be, shall not be put into operation before the equipment has been approved by the Secretary.

12.4   The following shall not be used in new premises or existing registered establishments until they have been approved by the Secretary:

(a)    surface finishes involving direct contact with prescribed goods; and

(b)    floor, wall and ceiling finishes in prescribed goods’ preparation areas.

1. Approval to lapse if construction or registration not completed

13.1   Where a building site has been approved, and construction has not commenced with 12 months of the date of site approval, the approval of the site shall lapse.

13.2   Where plans and specifications for premises have been approved and registration of the premises has not been sought within:

(a)    2 years of the date on which construction commenced; or

(b)    where there are reasonable grounds to believe that construction has commenced and work is proceeding, a longer period approved by the Secretary;

the approval of the plans and specifications shall lapse.

1. Submission of plans etc

Two copies of all plans, specifications and other information necessary to facilitate the Secretary’s consideration of an application for approval of:

(a)    new premises;

(b)    alterations to existing registered establishments;

(c)    equipment;

(d)    surface finishes; and

(e)    floor, wall and ceiling finishes;

shall be submitted to the appropriate regional office of the Department.

1. Preparation of plans and drawings

Plans and drawings submitted for approval shall be drawn to scale and shall comply with the following:

(a)    the paper size shall be International A or B series and shall not exceed 1189 mm x 841 mm;

(b)    contrasting paper and ink colours shall be used;

(c)    plans and drawings shall be legible and have sharp clear lines;

(d)    dimensions necessary for the Secretary to consider the drawings, including the dimensions of rooms and sections where appropriate, shall be shown;

(e)    the minimum letter or number height shall be 3.5 mm;

(f)    the scale shall be not less than:

(i)    in the case of site plans — 1:500;

(ii)    in the case of floor plans or equipment — 1:50; or

(iii)    in the case of uncomplicated layouts — 1:100;

(g)    the date of preparation shall be shown on each page;

(h)    in the case of plans and drawings for a site or premises:

(i)    the north point of the compass shall be indicated; and

(ii)    the name of the occupier and address of the premises shall be shown on each page;

(i)    in the case of plans and drawings for equipment and wall, floor and ceiling finishes — the name and address of the manufacturer shall be shown on each page.

1. Areas only to be used for operations specified in approved plans

16.1   The occupier of a registered establishment shall not perform any operations that may affect the preparation of prescribed goods or the hygienic operations of the establishment in an area of the establishment unless the:

(a)    operation being carried out has been specified in respect of the area in approved plans;

(b)    approval of the authorized officer in charge at the establishment has been received in writing; or

(c)    approval of the Secretary has been received.

16.2   Where the authorized officer in charge at a registered establishment issues an approval in accordance with paragraph 16.1 (b), that officer shall forward a copy of the approval to the Secretary through the regional office.

Division II              Plan and specification requirements for new premises

1. Contour map

17.1   A contour map fully and clearly illustrating and describing the, location of the applicant’s premises, together with an aerial photograph if available, shall be provided with the plans and specifications.

17.2   The contour map specified in suborder 17.1 shall show the date of preparation and any aerial photograph provided shall show the date on which it was taken.

1. Site plan

18.1 A   site plan of the entire premises showing the:

(a)    location of all buildings, railway sidings, roadways and alleyways adjoining the plant;

(b)    streams, catch basins, water mills, reservoirs and storage tanks; and

(c)    nature of the proposed operations;

shall be provided.

18.2   The external boundary of the premises that it is proposed to register shall be clearly indicated and the means of actual delineation shown.

18.3   If buildings exist on adjoining properties, the use of the buildings shall be indicated.

18.4   The method of sealing the surface of, and draining, roadways, driveways, streets and vehicular loading areas within the boundaries of the premises shall be indicated.

18.5   Any objectionable industries:

(a)    located within 1 km of the external boundary of the premises; or

(b)    that the applicant considers may affect the preparation of prescribed goods;

shall be shown.

1. Existing buildings

Where buildings that are to be utilised in preparing prescribed goods already exist on the site, plans that fully and clearly illustrate the layout of all rooms, their proposed use, building construction and ceiling heights shall be provided.

1. Floor plan

A floor plan of each level in all buildings for which plans are submitted shall be provided, and the locations of:

(a)    walls, partitions and posts;

(b)    doorways, windows and other openings;

(c)    rail systems for conveying carcases or portions of carcases;

(d)    chutes;

(e)    stairways;

(f)    lifts;

(g)    principal pieces of equipment;

(h)    hot water and cold water hose points;

(i)    hand washing facilities; and

(j)    sterilisers;

shall be shown.

1. Roof plan

A roof plan showing vents, roof mounted equipment and other relevant information shall be provided.

1. Section and elevation drawings

Cross-section and elevation drawings of all buildings for which plans are submitted showing the:

(a)    character and finish of floors, walls, partitions and ceilings;

(b)    height of ceilings;

(c)    principal pieces of equipment; and

(d)    height of any rails;

shall be provided.

1. Drainage plan

A detailed plan of the:

(a)    floor drainage;

(b)    effluent;

(c)    sewage; and

(d)    stormwater;

collection, removal and disposal systems shall be provided for all buildings for which plans are submitted.

1. Equipment and surface finishes

The details specified in order 29 shall be provided.

1. Specifications and notations

Specifications and notations applying to the project shall be provided and shall be:

(a)    typewritten and fixed within a protective cover; or

(b)    noted on the drawings.

Division III             Plan and specification requirements for alterations to registered establishments or rearrangement of operations

1. Major alteration or rearrangement

26.1   Where alterations are proposed to a registered establishment in an area for which plans have been previously approved, completely revised plans showing the existing construction and equipment which will remain unchanged, together with the proposed alterations and additions, shall be submitted in accordance with suborder 12.1A and orders 14 and 15 for approval by the Secretary.

26.2   Where the alterations result in change to the layout of equipment and product flow, the plans and specification submitted in accordance with suborder 26.1 shall show this.

26.3   Where new:

(a)    equipment;

(b)    surface finishes; or

(c)    floor, wall or ceiling finishes;

are involved, the plans or specifications shall show the details specified in order 29.

1. Minor alteration

Minor modifications and repairs to:

(a)    replace equipment with an updated model;

(b)    replace or repair surface finishes; or

(c)    install new equipment;

where the:

(d)    new equipment or new surface finish has been approved for that purpose in accordance with these Orders; and

1. Control systems

Material produced at a registered establishment as pharmaceutical material shall be subject to documentary and inventory control systems.

1. Use of prescribed goods as pharmaceutical material

Where:

(a)    the goods are used in the pharmaceutical industry;

(b)    the provision specified in paragraph 437 (c) with regard to the labelling of pharmaceutical material are met;

(c)    all:

(i)    labelling;

(ii)    marks; and

(iii)    official marks;

that would otherwise indicate suitability as human food are removed; and

(d)    approval to this effect has been given by an authorized officer attached to the regional office and, subject to that approval, the operation is undertaken in the presence of an authorized officer;

prescribed goods that are suitable for human consumption may be diverted for use as pharmaceutical material.

1. Handling of pharmaceutical material at registered establishment

Material produced at a registered establishment as pharmaceutical material shall be:

(a)    exported;

(b)    transferred to another registered establishment registered to freeze or store, for no other purpose than freezing or storage; or

(c)    disposed of within Australia provided such disposal is in accordance with any condition or restriction as might be imposed by the competent authority of the State or Territory responsible for public or animal health.

Division III             Loading of animal food and pharmaceutical material for export

1. Consignment to be inspected

Frozen animal food and frozen pharmaceutical material, whether produced at a registered establishment or elsewhere, shall not be removed from storage for loading for export unless the consignment has been inspected by an authorized officer.

1. Sealing of container system units

Where animal food referred to in paragraph 436 (a) or (c) is loaded into a container system unit, the unit shall be sealed with an official mark, the design of which is specified in Schedule 10 to the Prescribed Goods (General) Orders.

Part 28               Packaging

1. General requirements

443.1   The requirements specified in Part 6 of the Prescribed Goods (General) Orders shall be complied with.

443.2   Prescribed goods shall not be exported unless the goods are packed in a covering that the authorized officer in charge at a registered establishment has reasonable grounds to believe will enable the goods to reach their destination in a satisfactory condition and:

(a)    where the goods are wrapped and not packed into a fibreboard carton, the wrappings shall consist of one or more separate layers of any of the following materials, except that hessian shall not be used in direct contact with the goods, and the ink used to apply descriptive material to the wrappings, shall not transfer on to the goods:

(i)    plastic complying with suborder 56.1 of the Prescribed Goods (General) Orders;

(ii)    hessian complying with order 445;

(iii)    stockinette complying with order 446;

(iv)    calico; or

(v)    other material approved by the Secretary by instrument in writing; or

(b)    where the goods are packed into a fibreboard carton:

(i)    the carton shall comply with:

(A)     paragraph 54.1 (a) or (b) of the Prescribed Goods (General) Orders; or

(B)     order 444; and

(ii)    any plastic wrapping used shall comply with suborder 56.1 of the Prescribed Goods (General) Orders;

unless otherwise specified in these Orders.

1. Fibreboard cartons

444.1   Fibreboard cartons used for the packaging of prescribed goods being frozen bone-in or boneless meat shall comply with:

(a)    Australian Standard AS 1992 — 1978, Solid Fibreboard Containers and Container Blanks for Export of Frozen Boneless Meat;

(b)    Australian Standard AS 1993 — 1978, Corrugated Fibreboard Containers and Container Blanks for Export of Frozen Boneless Meat; or

(c)    in the case of frozen bone-in meat — Australian Standard AS 1992 — 1978, Solid Fibreboard Containers and Container Blanks for Export of Frozen Boneless Meat;

as appropriate; or

(d)    be approved in writing by the Secretary for use in accordance with any condition or restriction the Secretary may impose.

444.2   Each fibreboard carton shall contain on the base, or in the case of cartons comprising 2 or more pieces, on each piece an indication:

(a)    that it complies with the appropriate Australian Standard referred to in paragraph 444.1 (a), (b) or (c); or

(b)    in terms determined by the Secretary that it has been approved as specified in paragraph 444.1 (d).

444.3   A fibreboard carton shall not be identified in accordance with suborder 444.2 unless it complies with:

(a)    the appropriate Australian Standard referred to in paragraph 444.1 (a), (b) or (c); or

(b)    a condition or restriction imposed by the Secretary under paragraph 444.1 (d).

Penal Provision

1. Hessian

Where hessian is used to wrap prescribed goods the mass per unit area of the hessian shall be not less than:

(a)    225g/m² when used to wrap a single item of prescribed goods derived from cattle, buffaloes, deer, calves over 40 kg or solipeds; or

(b)    300g/m² when used to wrap:

(i)    more than 1 item of prescribed goods derived from cattle, buffaloes, deer, calves over 40 kg or solipeds; or

(ii)    any other prescribed goods.

1. Stockinette

Where stockinette is used to wrap prescribed goods, the mass per unit area of the stockinette shall be not less than:

(a)    86 g/m² where used to wrap prescribed goods derived from cattle, buffaloes, calves over 40 kg or solipeds;

(b)    154 g/m² where used to wrap prescribed goods derived from calves of 40 kg or less, sheep, lambs or goats;

(c)    172 g/m² where used to wrap prescribed goods derived from deer; or

(d)    194 g/m² where used to wrap prescribed goods derived from pigs.

1. Tags

Tags used in contact with prescribed goods shall:

(a)    not contaminate the goods; and

(b)    be of a formulation that is unlikely to place the acceptability of the goods at risk.

Part 29               Services of authorized officers

Division I               Services of authorized officers

1. Application to be made for services of authorized officer

Where the services of an authorized officer are required, the occupier of an establishment registered to prepare prescribed goods shall make application in writing to the Secretary, at the address of a regional office, for the services of an authorized officer to be made available during the preparation of the prescribed goods.

1. Timing for receipt of application

The application specified in order 448 shall be received by a regional office:

(a)    in the case of a registered establishment that is operating — not later than the working day preceding the first working day on which the services are required; or

(b)    in the case of a registered establishment that has been closed or new premises — not less than 5 clear working days before the services are required.

1. Goods not to be produced if authorized officer not present

Where the presence of an authorized officer is required, the production of prescribed goods shall not commence until an authorized officer is present.

Division II              Slaughter floor and ancillary meat inspection services

450A       Application for inspection services

450A.1   The occupier of a registered establishment shall, at least one month before commencing export operations in connection with the preparation of prescribed goods at the establishment, in a form approved by the Secretary:

(a)    notify the Secretary of the intended operations of the establishment including details of months, weeks, days and hours of operation, number of chains and chain speeds for each species of animals; and

(b)    apply for inspection services.

450A.2   Where an occupier of a registered establishment does not comply with suborder 450A.1, no inspection services will be allocated to that establishment.

450B      Allocation of inspection services

450B.1   The Secretary shall determine the preliminary allocation of inspection services for a particular registered establishment having had regard to:

(a)    the overall requirements of the industry for inspection services;

(b)    Australia’s international obligations;

(c)    any staffing formula agreed to by the Department and the relevant union or unions of authorized officers;

(d)    the matters referred to in Part 18 of the Prescribed Goods (General) Orders as amended;

(e)    the construction of the particular registered establishment; and

(f)    the intended operations of the particular registered establishment.

450B.2   Subject to this order, inspection services may be allocated on an annual basis, on a monthly basis, on a weekly basis or on any combination of these bases.

450B.2A  Subject to this Order, ancillary inspection services may be allocated on an annual basis, on a monthly basis, on a weekly basis, on a daily basis, on an hourly basis or on any combination of these bases.

450B.3   For the purposes of these Orders, an annual allocation can only be made to a registered establishment which operates for 10 months in the twelve month period I July in any year to 30 June in the following year.

450C      Notification of preliminary determination

The Secretary shall notify the occupier of the registered establishment of the Secretary’s preliminary determination of the allocation of inspection services and, as appropriate and necessary, shall advise the occupier of ways in which the occupier could reduce his or her requirement for inspection services.

450D      Agreed preliminary determination

Where the occupier accepts the Secretary’s preliminary determination, the Secretary and the occupier shall complete a memorandum of agreed intent in the form approved by the Secretary.

450E       Disputed preliminary determination

450E.1   Where the occupier does not accept the Secretary’s preliminary determination the occupier may, within 7 days of receiving the Secretary’s determination, apply to the Secretary for the establishment of a committee to review the Secretary’s determination.

450E.2   Where the occupier has not applied within 7 days of receiving the Secretary’s determination for a review of the Secretary’s determination and where the occupier and the Secretary have not completed a memorandum of agreed intent by the expiration of that period, the Secretary’s determination shall be deemed to be a memorandum of agreed intent.

450F       Revised determination

Where the occupier decides to implement suggestions contained in the Secretary’s advice to him or her and where this will alter the occupier’s requirement for inspection services and necessitate the calculation of a new determination by the Secretary on the allocation of inspection services, the Secretary shall make a revised determination and notify the occupier.

450G      Agreed revised determination

Where the occupier accepts the Secretary’s revised determination, the Secretary and occupier shall complete a memorandum of agreed intent in the form approved by the Secretary.

450H      Disputed revised determination

450H.1   Where the occupier does not accept the Secretary’s revised determination, the occupier may, within 7 days of receiving the Secretary’s determination, apply to the Secretary for the establishment of a committee to review the Secretary’s determination.

450H.2   Where the occupier has not applied within 7 days of receiving the Secretary’s determination for a review of the Secretary’s determination and where the occupier and the Secretary have not completed a memorandum of agreed intent by the expiration of that period, the Secretary’s determination shall be deemed to be a memorandum of agreed intent.

450I        Review committee

450I.1   Where the Secretary receives an application from an occupier in accordance with order 450E or 450H, the Secretary shall establish a committee comprising the following:

·the occupier or a representative of the occupier

·a Regional Director of the Department

·a Chief Veterinary Officer of the Department

·a representative of the relevant union or unions of authorized officers where the dispute is over a staffing issue

·a Meat Industry representative nominated by the occupier.

450I.2   The Secretary shall convene the first meeting of the Committee.

450J       Committee to review determination

The Committee shall review the occupier’s application and the Secretary’s advice and determination and shall, as soon as practicable and not later than 14 days after its first meeting, make a recommendation to the Secretary on the appropriate level of inspection services.

450K      Secretary to reconsider determination

450K.1   The Secretary, having had regard to the Committee’s recommendation and to the matters listed in order 450B shall determine the allocation of inspection services for the occupier’s registered establishment.

450K.2   The Secretary’s determination under this order shall be deemed to be a memorandum of agreed intent and shall be substituted for any previous determination.

450L       Secretary to advise of decision

The Secretary shall, by notice in writing as soon as practicable and not later than 45 days after the day on which an application in accordance with order 450E or 450H has been received, inform the applicant of the decision made under order 450K in respect of the application and of the reasons for the decision.

450M      Application to Administrative Appeals Tribunal

An application may be made to the Administrative Appeals Tribunal for review of a decision made by the Secretary under order 450K.

450N      Statement in notice

A notice referred to in order 450L shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal by or on behalf of a person whose interests arc affected by the decision for review of the decision to which the notice relates.

450O      Decision not affected

A failure to comply with order 450N in relation to a decision shall not be taken to affect the validity of the decision.

450P       Orders to apply in lieu of other orders

Orders 450E and 450H to 450O inclusive shall be read, as applicable, in lieu of Part 20 of the Prescribed Goods (General) Orders as amended.

450Q      Meaning of decision

For the purposes of orders 450L, 450M, 450N and 450O, decision means a determination made under order 450K.

450R      Notification of proposed changes

The occupier shall notify the Secretary of any proposed changes to the construction of the registered establishment or to the occupier’s operations which may affect the allocation of inspection services.

450S       Application to alter allocation of inspection services

450S.1   An occupier may apply in writing to the Secretary with one month’s notice to alter the occupier’s allocation of inspection services.

450S.1A  Notwithstanding Suborder 450S.1, where inspection services are allocated on an hourly basis, an occupier may, with one working week’s notice, apply to alter the occupier’s allocation of inspection services.

450S.2   For the purposes of this order; ‘alter the occupier’s allocation of inspection service’ does not include applying for additional inspection services under order 450T or advising that no inspection services are required during a period of shutdown under order 450U.

450T       Additional inspection services

450T.1   An occupier may apply in writing to the Secretary for inspection services in addition to the occupier’s allocation of inspection services which additional services may be provided, subject to this Order, on a monthly, weekly, daily, or, in the case of ancillary inspection services, hourly basis.

450T.2   Where inspection services are allocated on an annual basis an occupier may with two weeks’ notice apply for additional inspection services on a monthly or weekly basis.

450T.3   Where inspection services are allocated on a monthly basis an occupier may with two weeks’ notice apply for additional inspection services on a weekly basis.

450T.4   Where all inspection services are allocated on a weekly basis an occupier may:

(a)    with two weeks’ notice, apply for additional inspection services on a weekly basis;

(b)    with one week’s notice, apply for additional inspection services on a daily basis.

450T.4A  Where ancillary inspection services are provided on a daily basis, an occupier may, with one week’s notice, apply for additional services on a daily basis.

450T.4B  Where ancillary inspection services are provided on an hourly basis, an occupier may, with one week’s notice, apply for additional inspection services on an hourly basis.

450T.5   Where an occupier has applied for additional inspection services but has not given the required notice, subject to cost efficiency considerations, the Secretary will attempt to provide additional inspection services at the earliest possible time.

450TA    Termination of additional inspection services

Where no period is specified in the application for additional inspection services, an occupier may terminate the additional inspection services or any part thereof by giving two weeks’ notice in writing to the Secretary.

450U      Shutdown

450U.1   An owner may by notice in writing to the Secretary advise that inspection services are not required for a period of shutdown specified in the notice.

450U.2   For the purposes of this order, a period of shutdown must be a continuous period of 14 days or more.

450U.3   The order applies only to registered establishments which have inspection services allocated on an annual basis or on a combination basis which includes annual.

450V       Change in allocation

Where any of the circumstances listed in order 450B change and, as a consequence, it is necessary for the Secretary to vary the allocation of inspection services, the Secretary shall advise the occupier of the revised allocation of inspection services.

450W      Disputed allocation

450W.1   Where the occupier does not agree with the revised allocation made under order 450V, the occupier may apply to the Secretary for a reconsideration of that allocation and the Secretary shall enter into negotiations with the occupier.

450W.2   Where agreement between the occupier and the Secretary cannot be reached, the Secretary will seek to reach agreement with a representative of the relevant industry organisation nominated by the occupier.

450W.3   Where agreement is still not reached, the Secretary, having considered the views put to him or her and the matters in order 450B, shall determine the allocation of inspection services.

450X       Initial allocation ceases to have effect

Where the Secretary makes a decision under suborder 450W.3, the allocation made under order 450V shall cease to have effect.

450Y       Secretary to advise of decision

The Secretary shall, by notice in writing as soon as practicable and not later than 45 days after the day on which an application in accordance with suborder 450W.1 has been received, inform the applicant of the decision made under suborder 450W.3 in respect of the application and of the reasons for the decision.

450Z       Application to Administrative Appeals Tribunal

An application may be made to the Administrative Appeals Tribunal for review of a decision made by the Secretary under suborder 450W.3.

450ZA    Statement in notice

A notice referred to in order 450Y shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal by or on behalf of a person whose interests are affected by the decision for review of the decision to which the notice relates.

450ZB    Decision not affected

A failure to comply with order 450ZA in relation to a decision shall not be taken to affect the validity of the decision.

450ZC    Orders to apply in lieu of other orders

Orders 450W to 450ZB inclusive shall be read, as applicable, in lieu of Part 20 of the Prescribed Goods (General) Orders as amended.

450ZD    Meaning of decision

For the purposes of orders 450X, 450Y, 450Z, 450ZA and 450ZB, decision means a determination made under suborder 450W.3.

450ZE    Withdrawal of inspection services

The Secretary may withdraw inspection services where fees payable for inspection services remain unpaid 14 days after the due date for payment.

450ZF     Meaning of terms used

450ZF.1   For the purposes of Division II, unless the contrary intention appears, inspection services means slaughter floor and/or ancillary meat inspection services.

450ZF.2   For the purposes of Division II, ancillary inspection services means meat inspection services other than slaughter floor meat inspection services.

450ZH    Commencement

The provisions of this Division relating to ancillary inspection services shall commence on 1 October 1989.

Part 30               Saving

1. Carryover of official mark

Notwithstanding the repeal of the Meat Orders, Order No. 1 of 1983 by order 3, prescribed goods to which an official mark was applied under those Orders may be exported for a period that does not exceed:

(a)    the period specified in order 380; or

(b)    in the case of canned meat — 5 years;

as if that mark had been applied under these Orders.

Part 31               Foreign country requirements

1. Foreign country requirements

Prescribed goods shall not be exported to a foreign country specified in the Parts entitled ‘Essential Requirements’ and ‘Documentation’ of the Australian Export Meat Manual, Volume 2 ‘Requirements for Overseas Countries’, published by the Australian Government Publishing Service, unless the requirements specified in those Parts that apply to goods exported to that country are complied with.

Part 32               Quality assurance arrangements

1. Approval of a quality assurance arrangement

453.1   A person who is in control of the operations or who is to be in control of proposed operations for the preparation of, or of one or more stages of the preparation of, one or more kinds of prescribed goods at a registered establishment may apply to the Secretary for approval of a quality assurance arrangement in respect of the operations.

453.2   The application must contain:

(a)    a description of the operations or proposed operations; and

(b)    a description of the goods to be prepared and their intended use; and

(c)    details of where the quality assurance arrangement may be reviewed; and

(d)    a statement by the applicant that the applicant will comply with the quality assurance arrangement; and

(e)    if the goods to which the arrangement relates are to be exported to a foreign country and the identity of the foreign country is known — details of any requirements in respect of the goods that are specified by the foreign country; and

(f)    such other information as is necessary to enable the Secretary to consider the matters set out in suborder 453.6.

453.3   If the application does not contain sufficient information to enable the Secretary to consider the matters set out in suborder 453.6 the Secretary may by notice in writing given, Pr sent electronically, to the applicant request any of the following:

(a)    further information of the kind specified in the notice;

(b)    the opportunity to inspect and evaluate the establishment and the equipment to be used in the operations;

(c)    the opportunity to review the arrangement;

(d)    a demonstration of the operations;

(e)    the applicant’s consent to the use of a person nominated by the Secretary in any required inspection, evaluation or demonstration.

453.4   If the request is not complied with the Secretary may decline to deal further with the application.

453.5   The applicant must not make a false or misleading statement in a material particular in relation to the application.

Penal provision

453.6   The Secretary must not approve the quality assurance arrangement if the Secretary is not satisfied that:

(a)    the construction of the establishment, the quality assurance procedures, the equipment and the organisational structure provided for in the arrangement:

(i)    will ensure that the applicant will comply with the requirements of the Act, the Prescribed Goods (General) Orders and these Orders that apply to the establishment, the operations and the goods prepared under the arrangement; and

(ii)    will result in the preparation of goods that are wholesome; and

(iii)    will result in the preparation of goods that will accord with their trade description; and

(iv)    if the goods to which the arrangement relates are to be exported to a foreign country — will ensure that the applicant can meet the requirements in respect of the goods that are specified by the foreign country; and

(v)    will provide a reliable basis for any statement made by the applicant for the purposes of the Act, the Prescribed Goods (General) Orders, these Orders or for the purposes of the arrangement or a condition of the approval of the arrangement; and

(vi)    will enable an accurate assessment to be made by the Secretary as to whether the procedures, the construction of the establishment, the equipment and the organisational structure are meeting the requirements in subparagraphs 453.6 (a) (i) to;

(v)    inclusive; and

(b)    the applicant will comply with the arrangement.

453.7   If the Secretary is satisfied that a quality assurance arrangement provides for an alternative requirement, standard or procedure which will achieve the purpose of an order, the Secretary may by instrument in writing specify that the order does not apply to one or more of the following:

(a)    the construction of the establishment subject to the arrangement;

(b)    all or any of the operations subject to the arrangement;

(c)    all or any of the equipment subject to the arrangement;

(d)    all or any of the kinds of the prescribed goods prepared under the arrangement;

(e)    all or any of the stages of preparation covered by the arrangement.

453.8   If the quality assurance arrangement has been approved an order specified by the Secretary under suborder 453.7 does not apply to the construction of the establishment, the operations, equipment or to the goods or the stages of preparation specified in the instrument.

1. Conditions of the approval

454.1   The Secretary may grant the approval subject to conditions specified in the approval.

454.2   The Secretary may by notice in writing given, or sent electronically, to the person to whom the approval was given or sent (the holder of the approval) impose new conditions or vary or revoke the conditions.

454.3   The conditions must be for the purpose of ensuring that the matters referred to in suborder 453.6 are met.

454.4   Without limiting the conditions that may be specified under suborder 454.1, it is a condition of the approval that the holder of the approval must comply with the approved quality assurance arrangement.

1. Obligations of the holder of the approval

455.1   The holder of the approval must ensure that:

(a)    the goods produced under the arrangement are:

(i)    wholesome; or

(ii)    dealt with as goods not fit for human consumption in accordance with these Orders, the arrangement and the conditions of the approval; and

(b)    the procedures for the accurate identification of the goods and their traceability that are specified in the arrangement and the conditions are complied with; and

(c)    if there is a failure to comply with the arrangement — the action that is specified in the arrangement or the conditions to be taken if there is a failure to comply with the arrangement is taken within the time specified in the arrangement or the conditions; and

(d)    an accurate record is made of the matters that are required to be recorded under the arrangement or the conditions; and

(e)    the documents that are required to be kept under the arrangement or the conditions are kept for the period specified in the arrangement or the conditions; and

(f)    the internal checks to ensure that there has been compliance with the Act, the Prescribed Goods (General) Orders, these Orders, the arrangement and the conditions that are required to be conducted under the arrangement or the conditions are conducted; and

(g)    statements in relation to the arrangement or a condition to which the arrangement is subject that the holder is required to make under the Export Control Act 1982, the Prescribed Goods General Orders, these Orders, the approved arrangement or the conditions are not false or misleading in a material particular.

Penal provision

1. Functions that can be performed by persons other than authorised officers

456.1   If the Secretary approves a quality assurance arrangement the Secretary may by notice in writing approve a person, or persons included in a class of persons, other than an authorised officer, nominated by the holder of the approval to perform functions at the establishment that are otherwise required under the orders to be performed by an authorised officer.

456.2   The approval is to specify the functions that the person is to perform.

456.3   The approval may be granted subject to the following:

(a)    restrictions as to the circumstances in which the function is to be performed;

(b)    conditions relating to the performance of the function.

456.4   The Secretary may by notice in writing given or sent electronically to the holder of the approval do any of the following in relation to the performance of the function by the person:

(a)    impose new restrictions or conditions;

(b)    vary or revoke the restrictions or conditions;

(c)    revoke the approval.

456.5   If a person has been approved to perform a function, the person may perform the function.

456.6   If a person has been approved to perform a function, the holder of the approval must ensure that the function is performed and that the conditions are complied with.

456.7   The approval of a person under suborder 456.1 does not prevent the performance of the function by an authorised officer.

1. When notice of variation of the procedures

   
   

   must be given

457.1   The holder of the approval must, by notice in writing given, or sent electronically to the Secretary, notify the Secretary of a variation to an approved quality assurance arrangement before the variation is implemented.

457.2   The notice is to set out how the variation would:

(a)    not reduce or eliminate the likelihood of:

(i)    the matters set out in suborder 453.6 being complied with; or

(ii)    a condition of the approval being complied with; and

(b)    ensure that:

(i)    the matters set out in suborder 453.6 will be complied with; or

(ii)    a condition of the approval will be complied with.

457.3   A variation must not be implemented unless the Secretary has approved the variation by notice in writing given or sent electronically to the holder if the variation could reduce or eliminate the likelihood of:

(a)    the matters set out in suborder 453.6 being complied with; or

(b)    a condition of the approval being complied with.

1. Variations required by the Secretary

4581   The Secretary may, by notice in writing given or sent electronically to the holder of an approval, require the holder to submit a variation to the construction of the establishment, the procedures or the equipment under the arrangement for approval by the Secretary.

4582   The notice may be given or sent if the Secretary:

(a)    is satisfied that the construction of the establishment, the procedures or the equipment under the arrangement do not ensure that:

(i)    the matters set out in suborder 453.6 are complied with; or

(ii)    a condition of the approval is complied with; or

(b)    has approved or varied or revoked a specification or an order under suborder 453.7; or

(c)    has approved or varied or revoked an approval of a person to perform a function under suborder 456.1.

458.3   The holder of the approval must submit the variation specified in the notice within the period specified in the notice.

Penal provision

458.4   The Secretary may, by notice in writing given or sent electronically to the holder of the approval, amend or revoke the notice or may extend the period specified in the notice.

1. Corrective action request

459.1   If an authorised officer has reasonable grounds to believe that:

(a)    an approved quality assurance arrangement at an establishment is not being complied with; or

(b)    the construction of the establishment, any procedure, the equipment or the organisational structure under an approved quality assurance arrangement has failed or is likely to fail to ensure that:

(i)    any of the matters set out in paragraph 453.6 (a) are complied with; or

(ii)    a condition of the approval is complied with;

the officer may, by notice in writing given or sent electronically to the holder of the approval, require the holder to take the action specified in the notice within the period specified in the notice.

459.2   The notice may require action to be taken to do any of the following:

(a)    to identify the reason for the failure to comply with the arrangement or the failure, or likely failure, of the construction of the establishment, the procedures, the equipment or the organisational structure;

(b)    to rectify the cause of the failure;

(c)    to ensure that the goods that have not left the establishment are wholesome and accord with their trade description.

459.3   The holder of the approval must comply with the notice within the period specified in the notice.

Penal provision

459.4   The officer may, by notice in writing given or sent electronically to the holder of the approval, amend or revoke the notice or may extend the period specified in the notice.

459.5   If an authorised officer has reasonable grounds to believe that animals or prescribed goods may have been affected by a failure to comply with the arrangement or a failure of the kind referred to in suborder 459.1, the officer may do any of the following:

(a)    cancel a certification given for the goods under order 73 of the Prescribed Goods (General) Orders;

(b)    suspend or revoke an export permit that has been granted in respect of the goods under order 75 of the Prescribed Goods (General) Orders.

1. Suspension and revocation

460.1   The Secretary may, by notice in writing given or sent electronically to the holder of the approval, suspend or revoke the approval of the arrangement if the Secretary is satisfied that:

(a)    the holder of the approval has failed to comply with:

(i)    a requirement of the orders that applies to the establishment or to any of the operations or equipment or any of the prescribed goods prepared under the arrangement; or

(ii)    a condition of the approval; or

(b)    any of the circumstances specified in paragraphs 43 (a), (b), (c), (d), (e), (f), (g) or (h), except subparagraphs 43 (f) (v) and (vi), of the Prescribed Goods (General) Orders have occurred or exist.

460.2   The Secretary may suspend or revoke the approval of the whole arrangement or may suspend or revoke the approval in part as it applies to one or more of the following:

(a)    the construction of the establishment subject to the approved arrangement;

(b)    all or any of the operations subject to the approved arrangement;

(c)    all or any of the equipment subject to the approved arrangement;

(d)    all or any of the kinds of prescribed goods prepared under the approved arrangement;

(e)    all or any of the stages of preparation covered by the approved arrangement.

460.3   if the approval of an arrangement is revoked:

(a)    an order that has been specified by the Secretary under suborder 453.7 will apply; and

(b)    any approval of a person under suborder 456.1 is revoked.

460.4   If the approval of — an arrangement is suspended then for the period of the suspension:

(a)    an order that has been specified by the Secretary under suborder 453.7 will apply; and

(b)    any approval of a person under suborder 456.1 is suspended.

460.5   If the approval of an arrangement is revoked or suspended in part then the notice must indicate:

(a)    which of the orders that have been specified by the Secretary under suborder 453.7 will apply; and

(b)    which of the functions a person is approved to perform under suborder 456.1:

(i)    can no longer be performed by the person; and

(ii)    the holder of the approval need no longer ensure are performed.

460.6   The notice must set out:

(a)    the reasons for the suspension or revocation; and

(b)    if the approval has been suspended — the period of the suspension.

460.7   A period of suspension specified in the notice:

(a)    must not exceed 12 months; and

(b)    may be extended only if the total period of suspension does not exceed 12 months.

460.8   The Secretary may revoke an approval that has been suspended under suborder 460.1 despite the fact that the period of suspension has not expired.

1. Action to be taken where approval is suspended and revoked

461.1   If a notice has been given or sent under suborder 460.1 the Secretary may, by notice in writing given or sent electronically to the holder of the approval, require the person to take action in respect of any of the following:

(a)    the return of any official marks or official certificates;

(b)    prescribed goods at the establishment.

461.2   The notice given or sent under suborder 461.1 is to specify the action to be taken and period within which the action is to be taken.

461.3   The holder of the approval must comply with the notice.

Penal provision

1. False or misleading representations .

A person must not make a false or misleading representation:

(a)    that a quality assurance arrangement has been approved or that the approval is in force; or

(b)    that a specification under suborder 453.7 that an order does not apply has been made or is in force; or

(c)    that a person has been approved to perform a function under suborder 456 or that the approval is in force; or

(d)    as to the contents of an approval or a specification.

Penal provision

1. Approval lapses if a person ceases to be in control of the operations

If the holder of the approval ceases to be the person in control of the operations for the preparation of the prescribed goods to which the approval relates the approval lapses.

1. Approved arrangement

An approved arrangement includes a variation to an arrangement that is made under this Part:

(a)    for a variation for which notice has been given under suborder 457.1 (other than a variation referred to in suborder 457.3) — from the time the variation is made; and

(b)    for a variation referred to in suborder 457.3 or for a variation that is required to be made under order 458 — from the time the variation is approved.

1. Savings provisions

465.1   An approval of an application or of a variation that is in force under Part 32 of these Orders just before the day on which this Part commences continues to be in force on that day and for a period of  2 years after that day as if the approval or the variation were made in accordance with this Part.

465.2   A suspension of an approval that is in force under Part 32 of these Orders just before the day on which this Part commences continues to be in force on and after that day as if the suspension were made in accordance with this Part.