Imported Food Control Amendment Order 2007 (No. 1)

Overview

The Imported Food Control Act 1992 was enacted to ensure the safety and quality of food imported into Australia by establishing a framework for the inspection and analysis of imported food. The Act empowers the Governor-General to make regulations prescribing matters necessary for its implementation, including setting out particulars of a food inspection scheme. This scheme, administered by the Australian Quarantine and Inspection Service (AQIS), classifies imported foods into three risk categories: risk food, active surveillance food, and random surveillance food, to determine the rate of inspection and analysis. The 2007 Amendment Order was introduced to adjust the classification of certain foods in response to recommendations from Food Standards Australia New Zealand (FSANZ), which aims to streamline the risk assessment process and align it with the Australian Government’s response to the National Competition Policy Review. The changes simplify the scheme by removing the active surveillance category, leaving only risk food and random surveillance food, thereby reducing the overall number of risk classifications and potentially easing the administrative burden on AQIS and the Australian Customs Service.

Scope and Application

The Imported Food Control Act 1992 applies to all food imported into Australia and is concerned with ensuring that such food complies with the Australia New Zealand Food Standards Code. The Act mandates a risk-based food inspection scheme administered by the Australian Quarantine and Inspection Service (AQIS), which inspects food based on risk classifications, including risk food, active surveillance food, and random surveillance food. The Act applies across the Commonwealth of Australia and extends its reach through subordinate instruments such as the Imported Food Control Regulations 1993 and the Imported Food Control Order 2001. The Imported Food Control Amendment Order 2007 (No. 1) amends the Principal Order by removing certain foods from the risk food and active surveillance food lists, thereby altering the risk classifications recognised by the scheme. This amendment reflects recommendations from Food Standards Australia New Zealand (FSANZ) and reduces the risk categories to only risk food and random surveillance food. The changes are of a minor or machinery nature and do not substantially alter the law, hence limited consultation was required beyond FSANZ. The Amendment Order, being a legislative instrument under the Legislative Instruments Act 2003, modifies the Principal Order by omitting subsection 4(2) and removing Schedule 2, which concerned active surveillance food, thereby streamlining the food inspection process.

Key Provisions

The Imported Food Control Amendment Order 2007 (No. 1) (Amendment Order) amends the Imported Food Control Order 2001 (Principal Order) to update the risk classifications for imported food in Australia (section 3). This amendment follows recommendations from Food Standards Australia New Zealand (FSANZ) and aligns with the Australian Government's response to the National Competition Policy Review of the Imported Food Control Act 1992. The scheme now recognises only two risk classifications for food: 'risk food' and 'random surveillance food' (section 3, Schedule 1). The changes remove the previous 'active surveillance food' classification, streamlining the risk assessment process for imported food. The Amendment Order imposes obligations on entities involved in the importation of food into Australia. These obligations include ensuring that food imported into Australia meets the standards set out in the Australia New Zealand Food Standards Code as developed by FSANZ (section 16(1), Imported Food Control Act 1992). The Australian Quarantine and Inspection Service (AQIS) administers the Imported Food Inspection Scheme, which operates on a risk and performance-based approach using end-point inspection and testing to determine compliance with the Code (section 16(2), Imported Food Control Act 1992). The risk classification of food determines the rate at which it is referred to AQIS by the Australian Customs Service and the rate at which AQIS inspects the food that is referred (section 11, Imported Food Control Regulations 1993). The Amendment Order also impacts the classification of certain foods. It removes Rexea solandri, Shark (including dogfish), Billfish, Ling, Orange roughy, and Rays from the 'risk food' category (Schedule 1, Item 2). Additionally, it removes the 'active surveillance food' category entirely (Schedule 2, Item 3). These changes reflect updated risk assessments by FSANZ and aim to reduce unnecessary inspections and streamline the importation process. Failure to comply with the requirements of the Imported Food Control Act 1992 and the Imported Food Inspection Scheme may result in enforcement actions. The Act provides for both civil and criminal penalties for breaches. Civil penalties may include fines up to a certain amount, as specified in the Act (section 53, Imported Food Control Act 1992). Criminal offences, which may be prosecuted by the Commonwealth Director of Public Prosecutions, include imprisonment for up to two years, fines up to a certain amount, or both (section 54, Imported Food Control Act 1992). The precise penalties depend on the nature and severity of the breach.