EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Imported Food Control Act 1992
Imported Food Control Amendment Order 2009 (No. 1)
Section 43 of the Imported Food Control Act 1992 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted to be prescribed by the Act; or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Subsection 16(1) of the Act provides that regulations may set out particulars of a food inspection scheme applicable to all food to which the Act applies.
Subsection 16(2)(a) of the Act provides that the regulations may empower the Minister, subject to consultation with Food Standards Australia New Zealand (FSANZ), to make orders identifying food of particular kinds as food of a kind that is to be inspected or inspected and analysed, under the food inspection scheme.
The Imported Food Inspection Scheme (the scheme) is established under Part 3 of the Imported Food Control Regulations 1993 (the Regulations) and sets out the particulars of the food inspection scheme and provides for the Minister to make orders. In part, regulation 7 permits the Minister to make orders identifying food of a particular kind as food of a kind that is required to be inspected, or inspected and analysed, under the Food Inspection Scheme. Regulation 8 permits the Minister to make orders classifying food of a particular kind to which the Act applies as either risk food, active surveillance food or random surveillance food.
The scheme as set out in the Regulations is administered by the Australian Quarantine and Inspection Service (AQIS). The purpose of the legislation is to provide for the compliance of food imported into Australia with Australian food standards and the requirements of public health and safety. Under the scheme, the rate at which imported food is referred to AQIS by the Australian Customs Service and the rate at which AQIS inspects the food that is referred depends on the risk classification given to food in the Regulations and the Orders, and the food compliance history of the importer or producer. FSANZ routinely undertakes risk assessments on imported foods and provides advice to AQIS concerning their risk status.
The Imported Food Control Order 2001 (the Order) is made under regulations 7 and 8. Suborder 4(1) provides that a food of a kind mentioned in Schedule 1 is required to be inspected, or inspected and analysed, under the scheme as a risk food.
The Imported Food Control Amendment Order 2009 (No. 1) (the Amendment Order) inserts ‘cassava chips that are ready-to-eat’ into Schedule 1 as a risk food. FSANZ formally advised AQIS that levels of hydrocyanic acid in ready-to-eat cassava chips pose a medium to high risk, in particular to young children. The Amendment Order enables monitoring of these products for compliance with the maximum level of hydrocyanic acid for ready-to-eat cassava chips prescribed in the Standard 1.4.1 – Contaminants and Natural Toxicants, Australia New Zealand Food Standards Code. Listing ‘cassava chips that are ready-to-eat’ as a risk food means that imports of the product will be referred for inspection for the identified contaminant, hydrocyanic acid.
In accordance with the requirements of subsection 17(1) of the Act, the Minister consulted with FSANZ about the changes contained in the Amendment Order. No other consultation has occurred because the changes are of a minor or machinery nature and they do not substantially change the law.
AQIS convenes a range of consultative committees as the principal advisory fora for consultation with industry on quarantine and inspection issues. The peak industry bodies nominate industry representatives to their respective committees. The Imported Food Consultative Committee were advised of the proposed amendments at their meeting on 14th May 2009.
The Amendment Order is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Amendment Order commences on the day after it is registered on the Federal Register of Legislative Instruments.
Details of the amendments are set out below:
Order 1 provides that the name of the Amendment Order is the Imported Food Control Amendment Order 2009 (No.1).
Order 2 provides that the Order commences on the day after it is registered.
Order 3 provides that Schedule 1 amends the Imported Food Control Order 2001.
Schedule 1 – Amendments
Item 1 amends Order 3 by omitting the words ‘In this Order:’ and substituting them with ‘(1) In this Order:’. This reflects the insertion of a new subsection (2) (see Item 2).
Item 2 inserts the words ‘ready-to-eat: see subsection (2)’ after the definition of New Zealand product in Section 3. Item 2 also inserts a new subsection 2 which provides a definition for the term ‘ready-to-eat’ with the words ‘(2) Food is ready-to-eat if it is ordinarily consumed in the same state as that in which it is sold.’ The purpose of the definition is to clarify the meaning of the term, and provide consistency with the Australia New Zealand Food Standards Code. The definition makes it clear that ‘ready-to-eat’ refers to food that is ordinarily consumed in the same state as that in which it is sold.
Item 3 inserts a new item 2A ‘cassava chips that are ready-to-eat’ to the table contained in Schedule 1. Listing ‘cassava chips that are ready-to-eat’ as a risk food means that imports of the product are subject to a 100 per cent referral rate.