Imported Food Control Amendment (Risk Foods) Order 2026

EXPLANATORY STATEMENT

Issued by Authority of the Minister for Agriculture, Fisheries and Forestry

Imported Food Control Regulations 2019

Imported Food Control Amendment (Risk Foods) Order 2026

Legislative Authority

The Imported Food Control Act 1992 (the Act) provides for the compliance of food imported into Australia with Australian food standards and the requirements of public health and safety. The Imported Food Control Regulations 2019 (the Regulations) are made under section 43 of the Act.

Section 16 of the Act provides that the Minister may make regulations setting out particulars of a food inspection scheme. Part 3 of the Regulations sets out the Imported Food Inspection Scheme (the Scheme). The Scheme is applicable to all food to which the Act applies.

The following provisions of the Act and the Regulations provide authority for the amendments in the Imported Food Control Amendment (Risk Foods) Order 2026 (the Amending Order):

• Paragraph 16(2)(a) of the Act provides that the regulations may empower the Minister, subject to section 17 of the Act, to make orders:

• identifying food of particular kinds as food of a kind that is required to be inspected, or inspected and analysed, under the Scheme;
• identifying food of particular kinds as food that must be covered by a recognised foreign government certificate; or
• identifying food of particular kinds as food that must be covered by a recognised food safety management certificate; or
• classifying food of particular kinds into particular categories.

• Section 10 of the Regulations provides for the Minister to make orders for the purposes of section 16(2)(a) of the Act.

The following provisions of the Act and the Regulations provide for preconditions that must be satisfied before the Amending Order can be made:

• Section 17 of the Act provides that the Minister must not make an order for the purposes of paragraph 16(2)(a) without first consulting Food Standards Australia New Zealand (FSANZ).

• Section 11 of the Regulations provides that the Minister, in an order made under section 10 of the Regulations, may classify food of a particular kind as risk food only if FSANZ advises the Minister that food of that kind has the potential to pose a high or medium risk to public health.

Purpose

The purpose of the Amending Order is to update the Imported Food Control Order 2019 (the Principal Order) to:

• classify ‘kava products’ that is New Zealand product as risk food;
• update the definition of ‘kava products’ in line with the most up to date definition used in the Australia New Zealand Food Standards Code (the Code) as amended in March 2022;
• classify ‘enoki mushrooms that are fresh’ as a risk food;
• classify as a risk food:
  • melons that are both fresh and whole; and
  • melons that are fresh or frozen and also ‘ready-to-eat’ (noting ‘ready-to-eat’ is defined in section 4A of the Principal Order);   

• add the requirement that such melons must be covered by a recognised food management safety certificate; and
• classify ‘pufferfish’ as a risk food and add the requirement that pufferfish must be covered by a recognised foreign government certificate.

The Amending Order ensures that the classification of food as a risk food for the purposes of the Scheme is consistent with advice provided by FSANZ to the Minister on 17 December 2025 that food of that kind has the potential to pose a high or medium risk to public health.

Background

The Department of Agriculture, Fisheries and Forestry (the department) operates the Scheme to ensure compliance of food imported into Australia with Australian food standards and the requirements of public health and safety. FSANZ provides advice to the Minister on whether food has the potential to pose a high or medium risk to public health. The department uses this advice to inform administration of the Scheme.

Consistent with the Trans-Tasman mutual recognition principle found in ‘Part 2 – Goods’ of the Trans-Tasman Mutual Recognition Act 1997 (the TTMR Act), imports of food from New Zealand are not subject to the requirements of the Imported Food Control Act 1992 unless it is a risk food and specifically listed in Schedule 2 “Risk food that is New Zealand product” of the Principal Order. The listing of risk food in Schedule 2 to the Principal Order only occurs in circumstances where risk management approaches to risk foods do not provide the same food safety outcomes in Australia as in New Zealand.

Impact and Effect

The Principal Order identifies and classifies certain kinds of food to which the Act applies as ‘risk food’, so that those foods can be inspected, or inspected and analysed, under the Scheme for the purposes of managing risks to public health. The effect of the Amending Order is to amend the Principal Order to allow for the foods described above to be regulated under the Scheme in a manner that is consistent with the risk to public health and safety. The Amending Order also identifies foods that require a recognised foreign government certificate or recognised food management safety certificate and amends the definition of ‘kava products’ in line with the Code.

Amendment to the definition of kava products

The Amending Order amends the definition of ‘kava products’ to ensure that the Principal Order references the most up to date standard for kava in the Code (Standard 2.6.3 of the Code), as amended on 23 March 2022. The standards within the Code are a set of legislative instruments made under the Food Standards Australia New Zealand Act 1991.

While the definition has been updated, there has been no change in the risk advice related to kava and kava root, as FSANZ continues to advise, and has advised the Minister, that imported kava represents a medium to high risk to public health.

Classification of kava products that is New Zealand product as a risk food

The Principal Order classifies kava products as a risk food. As mentioned above, ‘kava products’ is defined by reference to the kava standard in the Code (Standard 2.6.3). Subsequent amendments were made to the kava standard in the Code in March 2022, to explicitly prohibit the use of processing aids and food additives in kava, and to require that kava is sourced from Noble varieties of the kava plant, which have a history of safe use. However, the amendments have not been adopted into New Zealand legislation, which means that the regulatory approach is no longer consistent between Australia and New Zealand in relation to imports of kava. Due to this inconsistent approach, there is a risk that ‘kava products’ may be imported from New Zealand without compliance with the updated requirements in the kava standard.

Subsection 5(1) of the Principal Order provides that food that is described in an item in clause 1 of Schedule 1 is classified as a risk food and is required to be inspected, or inspected and analysed, under the Scheme as risk food. ‘Kava products’ is listed as risk food under clause 1 of Schedule 1 to the Principal Order, however paragraph 5(2)(a) provides that subsection 5(1) does not apply to food that is ‘New Zealand product’. ‘New Zealand product’ means food to which the Act applies that is produced in or imported into New Zealand, being food to which the Trans-Tasman mutual recognition principle set out in Part 2 of the TTMR Act applies.

Subsection 5(3) of the Principal Order provides for New Zealand products to be classified as a risk food. For this purpose, the Amending Order adds an item under clause 1 of Schedule 2 to classify ‘kava products’ that is ‘New Zealand product’ as a risk food, which allows it to be inspected, or inspected and analysed, under the Scheme. This is to manage any divergent risk management approaches arising from the different application of the kava standard between Australia and New Zealand.

Classification of enoki mushrooms as a risk food

The Amending Order amends the Principal Order to provide that ‘enoki mushrooms that are fresh’ are listed as a risk food for the purposes of the Scheme. Enoki mushrooms were previously categorised as ‘surveillance food’, meaning that officers of Customs were generally required to refer consignments to the Scheme for inspection, or inspection and analysis, at a rate of 5%. FSANZ has provided the Minister with advice that due to Listeria monocytogenes, imported enoki mushrooms that are fresh packed (including vacuum packed, but not canned, dried or frozen) present a medium or high risk to public health. Listing enoki mushrooms that are fresh as a risk food ensures that all consignments of fresh enoki mushrooms are referred to the Scheme for inspection, or inspection and analysis, at the border for compliance with food safety labelling requirements and for the presence of Listeria monocytogenes. Following referral to the Scheme, rates of inspection, or inspection and analysis, for risk food start at 100% and may then be reduced under the Regulations where ongoing compliance from a particular source has been established.

Amendments relating to melons that are fresh and whole or ready-to-eat, fresh or frozen

The Amending Order amends the Principal Order to provide that:

• melons that are both fresh and whole; and
• melons that are fresh or frozen, and also ‘ready-to-eat’

are listed as a risk food for the purposes of the Scheme.

Melons were previously categorised as ‘surveillance food’, meaning that officers of Customs were generally required to refer consignments to the Scheme for inspection, or inspection and analysis, at a rate of 5%. The Amending Order also adds the requirement that such melons must be covered by a recognised food safety management certificate. FSANZ published advice that Listeria monocytogenes and Salmonella spp. in imported melons that are whole, or ready-to-eat and are fresh or frozen present a potential medium or high risk to public health. FSANZ also advised that effective control measures are necessary during primary production and processing to minimise the risk of contamination of melons with Listeria monocytogenes and Salmonella spp.

The term ‘ready-to-eat’ is defined in section 4 of the Principal Order by reference to section 4A of the Principal Order. Subsection 4A(1) provides that food is ‘ready-to-eat’ if it is ordinarily consumed in the same state as that in which it is sold. Subsection 4A(2) clarifies that food is not ordinarily consumed in the same state as that in which it is sold if, before it is consumed, it requires further processing (such as cooking) in order to reduce any pathogenic microorganisms potentially present in the food to safe levels. Accordingly, the amendment made by the Amending Order is intended to capture melons that have been prepared for consumption by cutting, so as to avoid eating the rind of the melon where Listeria monocytogenes and Salmonella spp. may be present, and the prepared melon may be fresh or frozen. It is also intended to capture melons that are fresh and whole.

Listing melons that are both fresh and whole, and melons that are fresh or frozen and also ‘ready-to-eat’, as a risk food ensures that all consignments of melons are referred to the Scheme for inspection, or inspection and analysis, at the border to manage the potential for Listeria monocytogenes and Salmonella spp. contamination. Requiring that melons that are both fresh and whole, and those melons that are fresh or frozen and also ‘ready-to-eat’ are covered by a recognised food management safety certificate provides assurance that effective control measures are in place during primary processing. Following referral to the Scheme, rates of inspection, or inspection and analysis, for risk food start at 100% and may then be reduced under the Regulations where ongoing compliance from a particular source has been established.

The Amending Order delays the commencement of the listing of melons that are both fresh and whole, and melons that are fresh or frozen and also ‘ready-to-eat’ as a risk food, and the requirement in relation to a recognised food management safety certificate, by 12 months to allow appropriate time for importers to source these foods from a provider where a recognised food safety management certificate can be issued.

Amendments relating to pufferfish

The Amending Order provides that ‘pufferfish’ is listed as a risk food for the purposes of the Scheme. The Amending Order also adds the requirement that pufferfish must be covered by a recognised foreign government certificate. Pufferfish were previously categorised as ‘surveillance food’, meaning that officers of Customs were generally required to refer consignments to the Scheme for inspection, or inspection and analysis, at a rate of 5%. FSANZ has published advice that tetrodotoxin in imported pufferfish (otherwise known as fugu) presents a potential medium or high risk to public health. In the published advice, FSANZ noted the potency of tetrodotoxin and advised that batch testing of imported pufferfish may be of limited value to safeguard against contamination, as safe processing of individual fish is the primary method of eliminating tetrodotoxin from consumed product. The advice also noted that in Japan, safe preparation requires a chef to hold a government-issued permit before being able to prepare the fish safely.

Listing pufferfish as a risk food ensures that all imports of pufferfish are referred to the Scheme for inspection, or inspection and analysis, at the border to manage potential tetrodotoxin contamination. Requiring that imports of pufferfish are also covered by a recognised foreign government certificate provides assurance that effective control measures are in place to manage tetrodotoxin contamination during processing of the fish for consumption prior to being imported into Australia.

The Amending Order delays the commencement of the listing of pufferfish as a risk food, and the requirement in relation to a recognised foreign government certificate, by 24 months to assist with establishing the foreign government arrangement to allow a foreign government certificate to be issued for these products.

Consultation

On 2 December 2025, the Minister consulted with FSANZ as required by section 17 of the Act. FSANZ responded on 17 December 2025 that it had no objection to the Amending Order. The amendments are based on published advice given to the Minister by FSANZ that the foods described above have the potential to pose a high or medium risk to public health, as required by section 11 of the Regulations.

The department has submitted a World Trade Organisation Sanitary and Phytosanitary (SPS) notification. The department also held public consultation on the amendments between 2 October and 13 December 2024 on the department’s “Have Your Say” platform, which invited feedback from importers, brokers, industry representatives and government authorities in countries that export the relevant foods. Feedback was given through an online survey, in written submissions and through targeted meetings. The department also consulted with the New Zealand Ministry of Primary Industries and relevant industry bodies through the Imported Food Consultative Committee. Feedback from the relevant consultation processes was positive in relation to all amendments included in the Amending Order. Where necessary, modifications were made to the Amending Order to address stakeholder feedback.

Details/ Operation

The Amending Order is a legislative instrument for the purposes of the Legislation Act 2003.

The Amending Order commences as described in item 2 of the Amending Order.

Details of the Amending Order are set out in Attachment A.

Other

The Amending Order references a standard in the Code. The standards in the Code are legislative instruments that are registered on the Federal Register of Legislation. The FSANZ risk advice on imported food can also be accessed without charge at www.foodstandards.gov.au.  

The Amending Order is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full Statement of Compatibility with Human Rights is set out in Attachment B.

ATTACHMENT A

Details of the Imported Food Control Amendment (Risk Foods) Order 2026

Section 1 – Name

This section provides that the name of the instrument is the Imported Food Control Amendment (Risk Foods) Order 2026 (the Amending Order).

Section 2 – Commencement

Subsection 2(1) provides that each provision of the Amending Order specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Item 1 in the table provides that sections 1 to 4 and anything else in the instrument that is not elsewhere covered by the table commences on the day after the instrument is registered.

Item 2 in the table provides that Part 1 of Schedule 1 (relating to kava products and enoki mushrooms) commences the day after the instrument is registered.

Item 3 in the table provides that Part 2 of Schedule 1 (relating to melons) commences the day after the end of the period of 12 months, beginning on the day the instrument is registered.

Item 4 in the table provides that Part 3 of Schedule 1 (relating to pufferfish) commences the day after the end of the period of 24 months, beginning on the day the instrument is registered.

The note below the table provides that the table relates only to the provision of the Amending Order as originally made. It will not be amended to deal with later amendments of the Amending Order. The purpose of this note is to clarify that the commencement of any amendments is not reflected in this table.

Subsection 2(2) provides that any information in column 3 of the table is not part of the Amending Order. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

Section 3 – Authority

This section provides that the Amending Order is made under section 10 of the Imported Food Control Regulations 2019 (the Regulations).

Section 4 – Schedules

This section provides that the Imported Food Control Order 2019 (the Principal Order) is amended as set out in the Schedule. It provides that any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 – Amendments

Part 1 – Kava products and enoki mushrooms

Imported Food Control Order 2019

Item 1 – Section 4 (definition of kava products)

Item 1 amends section 4 of the Principal Order to omit the words “mentioned in section 2.6.3—3 of the Australia New Zealand Food Standards Code, as in force at the commencement of this definition” and substitute the words “covered by paragraph 2.6.3—3(a) or (b) of the Australia New Zealand Food Standards Code, as in force on 23 March 2022.”

This item has the effect of providing that ‘kava products’ are defined for the purposes of the Principal Order to mean a food covered by paragraph 2.6.3—3(a) or (b) of the Australia New Zealand Food Standards Code (the Code), as in force on 23 March 2022. That is:

• a beverage obtained by the aqueous suspension of kava root using cold water only, and not using any organic solvent (paragraph 2.6.3—3(a)); or
• dried or raw kava root (paragraph 2.6.3—3(b)).

“Kava root” in Standard 2.6.3 of the Code means, broadly, the peeled root or peeled rootstock of a Noble variety of kava.

This item updates the definition of “kava products” to ensure that it references the most up to date standard for kava in the Code (Standard 2.6.3 of the Code), as amended on 23 March 2022. The amendments also ensure that the definition is easier to understand, by specifically referring to paragraphs (a) and (b) of section 2.6.3—3 rather than the entire section, not all of which is relevant.

Standard 2.6.3 of the Code is a legislative instrument made under the Food Standards Australia New Zealand Act 1991. The standards in the Code are registered on the Federal Register of Legislation and can also be accessed without charge at www.foodstandards.gov.au.  

Item 2 – Clause 1 of Schedule 1 (at the end of the table)

Schedule 1 to the Principal Order classifies certain kinds of food as risk foods, for the purposes of subsection 5(1) the Principal Order. Subsection 5(1) provides that food of a kind to which the Imported Food Control Act 1992 (the Act) applies that is described in an item of the table in clause 1 of Schedule 1 is required to be inspected, or inspected and analysed, under the Imported Food Inspection Scheme (the Scheme) as risk food.

This item adds new table item 26 “Enoki mushrooms that are fresh” to the table in Clause 1 of Schedule 1 to the Principal Order.

The effect of this amendment is that enoki mushrooms that are fresh are classified as a risk food for subsection 5(1) of the Principal Order and are required to be inspected, or inspected and analysed, under the Scheme as a risk food.

Item 3 – Clause 1 of Schedule 2 (at the end of the table)

Schedule 2 to the Principal Order provides that certain kinds of food are risk food that is New Zealand Product for the purposes of subsection 5(3) of the Principal Order. Subsection 5(3) provides that New Zealand product of a kind to which the Act applies that is described in an item of the table in clause 1 of Schedule 2 is required to be inspected, or inspected and analysed, under the Imported Food Inspection Scheme (the Scheme) as risk food.

This item adds new table item 4 “Kava products” to the table in Clause 1 of Schedule 2 to the Principal Order.

The effect of this amendment is that ‘kava products’ that are New Zealand product are classified as a risk food for subsection 5(3) of the Principal Order and are required to be inspected, or inspected and analysed, under the Scheme as a risk food.

“New Zealand product” is defined in section 4 of the Principal Order to mean food to which the Act applies that is produced in or imported into New Zealand, being food to which the Trans-Tasman mutual recognition principle set out in Part 2 of the Trans-Tasman Mutual Recognition Act 1997 applies.

Part 2 – Melons

Imported Food Control Order 2019

Item 4 – Section 7

Section 7 of the Principal Order provides that food of a kind to which the Act applies and that is described in specified table items in clause 1 of Schedule 1 must be covered by a recognised food safety management certificate.

This item amends section 7 to omit “17 or 18” and substitute “17, 18 or 27” to expand the kinds of food that must be covered by a recognised food safety management certificate. Table item 27 is inserted by item 5 of this Schedule.

The effect of the amendment is that melons that are both fresh and whole, and melons that are fresh or frozen and also ‘ready-to-eat’ (as defined in section 4A of the Principal Order), must be covered by a recognised food safety management certificate.

“Recognised food safety management certificate” is defined in section 3 of the Act and means, in effect, certain foreign government certificates and food safety management certificates determined by the Secretary in writing for the purposes of the Act.

Item 5 – Clause 1 of Schedule 1 (at the end of the table)

This item adds the following as new table item 27 to the table in clause 1 of Schedule 1 to the Principal Order:

“Melons that are:

(a) both fresh and whole; or

(b) both:

(i) fresh or frozen; and

(ii) ready-to-eat”.

The effect of this amendment is that melons that are both fresh and whole and melons that are fresh or frozen, and also ‘ready-to-eat’ are classified as a risk food for subsection 5(1) of the Principal Order and are required to be inspected, or inspected and analysed, under the Scheme as a risk food.

The meaning of ‘ready-to-eat’ is contained in section 4A of the Principal Order, which provides relevantly that food is ‘ready-to-eat’ if it is ordinarily consumed in the same state as that in which it is sold. Accordingly, paragraph (b) of new table item 27 is intended to capture melons that have been prepared for consumption by cutting, so as to avoid eating the rind of the melon. The prepared melon may be fresh or frozen. Paragraph (a) of new table item 27 captures melons that are fresh and whole.

Section 2 of the Amending Order provides that the commencement of Part 2 of Schedule 1 occurs the day after the end of the period of 12 months beginning on the day the instrument is registered. This has the effect that the listing of the specified kinds of melons as risk food and the food safety management certificate requirement both commence at the same time 12 months after registration. This delay allows appropriate time for importers to source these foods from a provider where a recognised food safety management certificate can be issued, as provided for by the amendment made by item 4 of this Schedule.

Part 3 – Pufferfish

Imported Food Control Order 2019

Item 6 – Subsection 6(1)

Subsection 6(1) of the Principal Order provides that subject to subsection 6(1A) of the Principal Order, food of a kind to which the Act applies and is described in specified table items in the table under clause 1 of Schedule 1 must be covered by a recognised foreign government certificate.

Item 6 amends subsection 6(1) to omit “12 or 23” and substitutes “12, 23 or 28” to expand the kinds of food that must be covered by a recognised foreign government certificate. Table item 28 is inserted by item 7 of this Schedule.

The effect of the amendment is that “pufferfish” must be covered by a recognised foreign government certificate.

“Recognised foreign government certificate” is defined in section 3 of the Act and means, in effect, certain foreign government certificates determined by the Secretary in writing for the purposes of the Act.

Item 7 – Clause 1 of Schedule 1 (at the end of the table)

This item adds new table item 28 “Pufferfish” to the table under clause 1 of Schedule 1 to the Principal Order.

The effect of this amendment is that “pufferfish” is classified as a risk food for subsection 5(1) of the Principal Order and is required to be inspected, or inspected and analysed, under the Scheme as a risk food.

Section 2 of the Amending Order provides that the commencement of Part 3 of Schedule 1 occurs the day after the end of the period of 24 months beginning on the day the instrument is registered. This has the effect that the listing of pufferfish as a risk food and the foreign government certificate requirement both commence at the same time 24 months after registration. This delay will assist with the establishment of foreign government arrangements to allow a recognised foreign government certificate to be issued for these products, as provided for in item 6 of this Schedule.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Imported Food Control Amendment (Risk Foods) Order 2026

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Imported Food Control Amendment (Risk Foods) Order 2026 (the Amending Order) updates the Imported Food Control Order 2019 (the Principal Order) consistent with advice published by Food Standards Australia New Zealand (FSANZ) to:

• classify enoki mushrooms that are fresh, pufferfish, and melons that are both fresh and whole, and melons that are fresh or frozen and also ‘ready-to-eat’ (as defined in section 4A of the Principal Order), as risk foods;
• classify ‘kava products’ that are New Zealand product as a risk food;
• require that all pufferfish are covered by a recognised foreign government certificate;
• require that melons that are both fresh and whole, and melons that are fresh or frozen and also ‘ready-to-eat’ are covered by a recognised food management safety certificate; and
• update the definition of ‘kava products’ to reference the most up to date kava standard in the Australia New Zealand Food Standards Code (the Code) as amended in March 2022.

Human rights implications

The Amending Order engages the right to health (Article 12) in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Article 12 of the ICESCR promotes the right of all individuals to enjoy the highest attainable standards of physical and mental health.

Article 4 of the ICESCR further provides that countries may subject economic, social and cultural rights — such as the right to health — only to such limitations ‘as are determined by law in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting general welfare in a democratic society’.

Following revised advice by FSANZ, the Amending Order classifies enoki mushrooms that are fresh, pufferfish, and melons that are both fresh and whole, and melons that are fresh or frozen and also ‘ready-to-eat’ as risk foods. Further to that advice, the Amending Order also requires that all pufferfish are covered by a foreign government certificate and melons that are both fresh and whole, and melons that are fresh or frozen and also ‘ready-to-eat’, are covered by a recognised food management safety certificate.

The Amending Order also classifies ‘kava products’ that are New Zealand product as risk food and updates the definition of ‘kava products’ to reference the most up to date kava standard in the Code as amended in March 2022.

The Amending Order therefore engages and promotes the right to health in Article 12 of the ICESCR by providing for:

• the inspection and analysis of ‘kava products’ that are New Zealand product that are imported into Australia to ensure compliance with Australian food standards and the requirements of public health and safety, based on advice from FSANZ about the potential to pose a medium or high risk to public health;

• the inspection and analysis of enoki mushrooms that are fresh that are imported into Australia to ensure compliance with Australian food standards and the requirements of public health and safety, based on advice from FSANZ about the potential to pose a medium or high risk to public health;

• the inspection and analysis of all Pufferfish that are imported into Australia to ensure compliance with Australian food standards and the requirements of public health and safety, based on advice from FSANZ about the potential to pose a medium or high risk to public health;

• the inspection and analysis of melons that are both fresh and whole and melons that are or fresh or frozen, and also ‘ready-to-eat’ that are imported into Australia to ensure compliance with Australian food standards and the requirements of public health and safety, based on advice from FSANZ about the potential to pose a medium or high risk to public health;

• requiring a recognised government certificate for Pufferfish to provide additional assurance on the safety of these foods from the day after the end of the period of 24 months beginning on the day this instrument is registered; and

• requiring a recognised food safety management certificate for melons that both fresh and whole, and melons that are fresh or frozen and also ‘ready-to-eat’ to provide additional assurance on the safety of these foods from the day after the end of the period of 12 months beginning on the day this instrument is registered.

Conclusion

The Amending Order is compatible with human rights because it is promoting the right to health through controlling imported food so that food is safe for human consumption.

The Hon Julie Collins MP

Minister for Agriculture, Fisheries and Forestry