Imported Food Control Amendment Order 2003 (No. 1)

Overview

The Imported Food Control Amendment Order 2003 (No. 1) was introduced to make specific amendments to the Imported Food Control Order 2001. Enacted by Warren Errol Truss, the Minister for Agriculture, Fisheries and Forestry, this legislative instrument addresses gaps in the existing regulatory framework concerning the importation of certain food products into Australia. The primary objective of this amendment was to ensure that the standards and regulations governing the importation of specific food items are adequately enforced and updated to reflect current health and safety requirements. This legislative amendment was made under regulations 7 and 8 of the Imported Food Control Regulations 1993 and came into effect upon its gazettal on 13 October 2003. The amendments primarily focus on the addition and substitution of specific food items within the Imported Food Control Order 2001, aiming to enhance the oversight and control of these products entering the Australian market. By updating the list of regulated food items, the Order reinforces Australia's commitment to maintaining high standards in imported food products, thereby protecting public health and ensuring consumer safety.

Scope and Application

The Imported Food Control Amendment Order 2003 (No. 1) amends the Imported Food Control Order 2001, which applies to food imported into Australia, regulating the safety, quality, and labelling of these products. This amendment specifically affects the classification of certain food items within the regulatory framework, thereby impacting importers, exporters, and food businesses that deal with these particular products. The amendment introduces new items to the list of regulated food products, such as dried pepper, soy sauce, and other soy sauce-containing sauces, as well as modifying existing classifications. The geographic reach of this Order is national, affecting all states and territories within Australia. The Order operates under the authority granted by the Imported Food Control Regulations 1993, which were made under the Customs Act 1901 and the Biosecurity Act 2015. This legislative framework ensures that imported food meets Australian standards to protect public health and safety. The amendments in this Order do not specify any exclusions, exemptions, or thresholds but rather focus on updating the list of controlled items to reflect current market conditions and potential health risks.

Key Provisions

The Imported Food Control Amendment Order 2003 (No. 1) primarily functions to amend the Imported Food Control Order 2001. This is achieved through Schedule 1 (1), which includes specific changes to the list of food items regulated under the Order. For instance, the amendment modifies the list by substituting "Pepper that is dried" with "Soy sauce, soy sauce powder and any sauce that contains soy sauce" (Schedule 1, clause 1, item 21). Additionally, Schedule 2 (2) updates the table to include new food items such as "Dried or moisture-reduced dates," "Dried or moisture-reduced figs," "Dried or moisture-reduced sultanas," "Egg pulp and egg powder," "Sesame seeds and sesame seed products," and "Vegetable sprouts" (Schedule 2, clause 1, the table). The obligations imposed by the Imported Food Control Amendment Order 2003 (No. 1) primarily concern the importers of the specified food items. Importers are required to comply with the updated regulations governing these foods, which include adhering to specific import standards, documentation requirements, and possibly additional health and safety measures. The amendments necessitate that importers ensure these food products meet the standards set forth in the Imported Food Control Order 2001 and any subsequent amendments. Failure to comply with the provisions of the Imported Food Control Amendment Order 2003 (No. 1) can result in significant consequences. Under the Imported Food Control Act 1992, breaches of the Order can lead to both civil and criminal penalties. Civil penalties may include fines up to a maximum of $66,000 for individuals and $330,000 for corporations, depending on the severity and frequency of the breach (Imported Food Control Act 1992, section 45). Criminal penalties may apply for more serious violations, with maximum fines of up to $220,000 for individuals and $1,100,000 for corporations, in addition to potential imprisonment terms (Imported Food Control Act 1992, section 46). Importers found in breach of these regulations can also face actions such as seizure and destruction of non-compliant products, as well as potential legal action to recover costs associated with enforcement activities.