Imported Food Control Amendment Order 2004 (No. 1)
I, WARREN ERROL TRUSS, Minister for Agriculture, Fisheries and Forestry, make this Order under regulations 7 and 8 of the Imported Food Control Regulations 1993.
Dated 13 July 2004
WARREN TRUSS
Minister for Agriculture, Fisheries and Forestry
1 Name of Order
This Order is the Imported Food Control Amendment Order 2004 (No. 1).
2 Commencement
This Order commences on the date of its notification in the Gazette.
3 Amendment of Imported Food Control Order 2001
Schedule 1 amends the Imported Food Control Order 2001.
Schedule 1 Amendments
(section 3)
[1] Schedule 1, clause 1, table
substitute
Item | Kinds of food |
1 | Beef (whether cooked or uncooked and whether or not chilled or frozen) |
2 | Beef products (whether cooked or uncooked and whether or not chilled or frozen) |
3 | Cheese of the following kinds: (a) curd cheese; (b) fresh cheese that is not fermented, including whey cheese; (c) soft cheese; (d) soft smoked cheese; (e) surface‑ripened cheese |
4 | Chicken meat that is cooked (whether or not chilled or frozen), but is not canned |
5 | Coconut that is dried |
6 | Crustaceans, including prawns, that are cooked (whether or not chilled or frozen), but are not canned |
7 | Fish of the following kinds: (a) Rexea solandri (whether dried or not); (b) shark, including dogfish (whether dried or not); (c) billfish; (d) barramundi; (e) tuna, including canned tuna (whether dried or not); (f) tuna products; (g) ready-to-eat finfish; (h) ling; (i) mackerel; (j) orange roughy; (k) rays |
8 | Herbs, spices and dried vegetable seasonings |
9 | Manufactured meat that is cooked, including meat pastes and pâté |
10 | Manufactured meat that is uncooked |
11 | Marinara mix (whether or not chilled or frozen) |
12 | Molluscs (whether cooked or uncooked) |
13 | Peanuts and any food that contains peanuts |
14 | Peanut products and any food that contains peanut products |
15 | Pistachios and any food that contains pistachios |
16 | Pistachio products and any food that contains pistachio products |
17 | Pig meat that is cooked (whether or not chilled or frozen), but is not canned |
18 | Poultry pâtés and poultry livers that are ready for consumption (whether or not chilled or frozen), but that are not canned |
19 | Sesame seeds and sesame seed products |
[2] Schedule 2, clause 1, table
substitute
Item | Kinds of food |
1 | Dried or moisture-reduced dates |
2 | Dried or moisture-reduced figs |
3 | Dried or moisture-reduced sultanas |
4 | Egg pulp and egg powder |
5 | Honey |
6 | Prawns and shrimp, raw |
7 | Vegetable sprouts |
Overview
The Imported Food Control Amendment Order 2004 (No. 1) was made by the Minister for Agriculture, Fisheries and Forestry, Warren Truss, under regulations 7 and 8 of the Imported Food Control Regulations 1993. This legislative instrument was introduced to address specific gaps in the regulation of imported food products to ensure they meet Australia's food safety standards. The policy objective of this amendment was to tighten controls over certain imported food items that posed potential health risks to consumers. The Order specifically targets the importation of various foodstuffs including beef, cheese, fish, and other products by updating the Imported Food Control Order 2001 to reflect the latest health and safety standards. The Order commenced on the date of its notification in the Gazette, ensuring that the amendments were promptly applied to the regulatory framework governing imported food.
Scope and Application
The Imported Food Control Amendment Order 2004 (No. 1) amends the Imported Food Control Order 2001 and applies to various kinds of imported food items that are regulated to ensure they meet Australia's food safety standards. The Order impacts a broad range of entities, including importers, exporters, and food businesses, as it pertains to the types of food items listed in the amended Schedule. The geographic reach of this Order is national, as it applies across Australia and is enforced by the Commonwealth under the Imported Food Control Regulations 1993. The amendment specifies particular food items such as beef, cheese, fish, and various nuts and seeds, which must comply with Australia's food safety regulations. This Order does not specify exclusions or exemptions but effectively broadens the scope of regulated food items by including additional categories of imported food products. The application of this Order can be further extended or restricted through subordinate instruments, as permitted under the Imported Food Control Regulations 1993.
Key Provisions
The Imported Food Control Amendment Order 2004 (No. 1) modifies the Imported Food Control Order 2001 to adjust the types of food subject to specific import controls. Under section 3, the amended Schedule 1 updates the list of food items that require additional scrutiny or approval before being imported into Australia. This includes a variety of beef products, cheese varieties, chicken meat, coconut, crustaceans, different types of fish, herbs, spices, manufactured meats, marinara mix, molluscs, peanuts and their products, pistachios and their products, pig meat, poultry pâtés and livers, sesame seeds and their products, dried or moisture-reduced dates, figs, sultanas, egg pulp and powder, honey, raw prawns and shrimp, and vegetable sprouts.
This Order imposes obligations on importers, importers' agents, and food businesses to ensure compliance with the updated import regulations. Importers must verify that the food items listed in the amended Schedule meet Australia's food safety standards before they are brought into the country. Importers' agents and food businesses must also ensure that the food products they handle comply with these regulations, including maintaining records and documentation to demonstrate compliance.
Breach of the Imported Food Control Order 2001, as amended by this Order, can lead to significant penalties. Under the Imported Food Control Act 1992, penalties for contravening the Act can include substantial fines. Specifically, for corporations, the maximum penalty is $210,000, while for individuals, the maximum penalty is $42,000. Additionally, there may be civil consequences, such as the confiscation and destruction of non-compliant food products. Criminal prosecutions may also be initiated for serious breaches, leading to imprisonment for individuals involved in the importation of non-compliant food items.