Imported Food Control (Recordkeeping) Determination 2019

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019L01294 In force Legislative Instrument

Legislation content

REVISIED Explanatory Statement

 

Issued by Authority of the Secretary of the Department of Agriculture

 

Imported Food Control Act 1992

Imported Food Control (Recordkeeping) Determination 2019

 

 

Legislative Authority

 

Subsection 28(1) of Part 3A of the Imported Food Control Act 1992 (the Act) provides that if food to which this Act applies is imported into Australia, the owner of the food at the time of the importation must keep records containing the information determined in an instrument under subsection 28(2). Subsection 28(2) of the Act provides that the Secretary may, by legislative instrument, determine the information that must be contained in records under this section.

 

Purpose

 

The purpose of the Imported Food Control (Recordkeeping) Determination 2019 (the Determination) is to:

  • require the owner of imported food at the time of importation to keep records containing:
    • the name or a description of the food that is sufficient to indicate the true nature of the food;
    • either the lot code or batch code for the food;
    • certain contact details for both the producer of the food and the person(s) to whom the owner dispatches the food;
    • the dates the owner received the food from the producer or supplier and the dates the owner dispatched the food to another person or persons; and
    • the volume or quantity of the food dispatched.

These records will ensure that imported food is traceable and can be efficiently and effectively recalled if required.

 

Background

 

The Imported Food Control Amendment Act 2018 (Amendment Act) strengthened the current risk‑based management approach to imported food safety to better protect the health of consumers while reducing the regulatory burden for compliant food importers. The majority of the amendments to the Act made by the Amendment Act commenced on 21 September 2018.

 

Part 6 of the Amendment Act inserted new Part 3A into the Act, concerning record-keeping requirements for imported food. Under new Part 3A, if food to which the Act applies is imported into Australia, the owner of the food at the time of the importation must keep records of information determined by the Secretary. These records must be retained for 5 years and may need to be produced to the Secretary.

 

Part 6 of the Amendment Act commenced on 21 September 2019.

Impact and Effect

 

The Determination will protect the health of consumers by ensuring that imported food to which the Act applies can be easily traced and quickly recalled if necessary.

 

Consultation

Extensive consultation was undertaken for the making of the Amendment Act. The Office of Best Practice Regulation (OBPR) advised that a full Regulatory Impact Assessment (RIS) was required (ID 19384). The rule-maker was satisfied that due to the extensive consultation undertaken for the RIS and the Amendment Act, further consultation for the making of the Determination was not required.

 

Formal and public consultation occurred during the drafting of the Amendment Act and the preparation of the RIS with imported food industry representatives, state and territory food authorities, trading partners, consumers, and relevant Commonwealth government agencies and statutory authorities, including the Department of Health and Food Standards Australia New Zealand.

 

The department met its mandatory obligations, consulting extensively with industry regarding the policy objectives and requirements contained in the Determination. This consultation included:

  • The broader consultations leading to the introduction into Parliament of the Amendment Act;
  • Formal and informal formal food sector consultation through the Imported Food Consultative Committee (IFCC) and industry roundtables;
  • Targeted consultation with imported food businesses.

 

The broader consultations associated with the Amendment Act included:

  • a full RIS consultation process which included two World Trade Organisation notifications;
  • public exposure draft consultation prior to tabling of the Amendment Act.

 

The department formally consults with the food sector through the IFCC. The IFCC reflects the structure of the imported food sector and the professional requirements for managing imported food safety. Membership includes:

  • Seafood Importers Association of Australia
  • Manassen Food Australia
  • Scalzo Food Industries
  • Imports of France
  • The Food and Beverage Importers Association
  • The Australian Institute of Food Science and Technology
  • The Australian Food and Grocery Council
  • Australian Horticultural Exporters and Importers Association
  • Coles Supermarkets
  • National Measurement Institute

 

The IFCC meets twice a year and out of session as required. The IFCC was briefed on the package of amendments proposed in the Amendment Act in meetings held during 2016 – 2018. One of these meetings included a specific briefing on the traceability requirement.

 

The Industry Roundtables are open information sharing forums allowing food importers to ask questions on food importing issues. The first Industry Roundtable was held in Sydney in November 2017 with subsequent roundtables held in Melbourne and Brisbane in 2018, and another Sydney roundtable held in June 2019. The roundtables provided specific information sessions on each of the changes to the Imported Food Control Act 1992, including on the traceability requirement.

 

In addition, the department targeted small, medium and large food business. The intent was to broaden coverage beyond established mechanisms. Around 140 corporate entities were briefed on the traceability requirement. These organisations included:

  • 121 small, medium and large businesses operating in the imported food sector, including importers, brokers and certification bodies;
  • 16 peak bodies representing consumers and health advocates; farmers and specialty meat producers; vegetable growers, transportation and storage; and restaurants and catering.

 

Details/ Operation

 

Details of the Determination are set out in the Attachment A.

 

Other

 

The Determination 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 is set out in Attachment B.

 

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


Attachment A

 

Details of the Imported Food Control (Recordkeeping) Determination 2019

 

Section 1 – Name

 

This section provides that the name of the instrument is the Imported Food Control (Recordkeeping) Determination 2019 (the Determination).

 

Section 2 – Commencement

 

This section provides for the Determination to commence the day after it is registered.

 

Section 3 – Authority

 

This section provides that the Determination is made under the Imported Food Control Act 1992 (the Act).

 

Section 4 – Definitions

 

This section defines terms that are used throughout the Determination.

Act means the Imported Food Control Act 1992.

The note to this section states that a number of expressions used in the instrument are defined in the Act, including food and owner.

Food is defined in section 3A of the Act.

Section 3 of the Act defines owner in relation to food, to include any person (other than an officer of Customs or an authorised officer) being or holding himself or herself out to be the owner, importer, consignee, agent or person having control of, a beneficial interest in, or the power of disposition over, the food.

Regulations means the Regulations made under the Act, that is, the Imported Food Control Regulations 1993.

The expressions batch and lot have the same meaning as in the Regulations.

Section 3 of the Regulations defines batch to mean food of a particular kind made or packaged in a distinct manner which may include one or more lots.

Section 3 of the Regulations defines lot to mean a quantity of food of a particular kind prepared or packaged under essentially the same conditions (ordinarily from a particular preparation or package unit and during a particular time usually not exceeding 24 hours).

Section 5 – Information that must be contained in records

 

This section provides that if food to which the Act applies is imported into Australia, the owner of the food at the time of importation (the owner) must maintain records containing information specified in the section.

 

Paragraph 5(1)(a) provides that that the records kept by the owner must include the contact details specified in subsection 5(2) for the producer of the food and the person or persons to whom the owner dispatches the food.

 

Paragraph 5(1)(b) provides that that the record kept by the owner must include the contact details at subsection 5(3) for each of the persons mentioned in paragraph (a) (that is, the producer of the food and the person(s) to whom the owner dispatches the food, but only if those contact details are known to the owner).

 

Paragraph 5(1)(c) provides that that the record kept by the owner must include a name or a description of the food that is sufficient to indicate the true nature of the food.

 

Paragraph 5(1)(d) provides that the record kept by the owner must include the date that the food was received by the owner from the producer or supplier of the food, and the date the owner dispatches the food to each person to whom the owner dispatches it.

 

Paragraph 5(1)(e) provides that the record kept by the owner must include either the lot code or the batch code as it applies to the food.

 

Paragraph 5(1)(f) provides that the record kept by the owner must include the volume or quantity of the food that the owner dispatches to each person to whom the owner dispatches it.

 

Subsection 5(2) provides further contact details to be kept by an owner for the producer of the food and the person(s) to whom the owner dispatches the food. These details are:

  • the name of the person;
  • any business name used by the person; and
  • the person’s street address.

 

Subsection 5(3) provides further contact details to be kept by an owner for the producer of the food and the person(s) to whom the owner dispatches the food (if these are known to the owner). These details are:

  • the person’s telephone number; and
  • the person’s email address.

 

 

 

 

 


Statement of Compatibility with Human Rights

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

 

Imported Food Control (Recordkeeping) Determination 2019

 

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 purpose of the Imported Food Control (Recordkeeping) Determination 2019 (the Determination) is to:

  • require the owner of imported food at the time of importation to keep records containing:
    • the name or a description of the food that is sufficient to indicate the true nature of the food;
    • either the lot code or batch code for the food;
    • certain contact details for both the producer of the food and the person(s) to whom the owner dispatches the food;
    • the dates the owner received the food from the producer or supplier and the dates the owner dispatched the food to another person or persons; and
    • the volume or quantity of the food dispatched.

 

The Determination will protect the health of consumers by ensuring that imported food to which the Act applies can be easily traced and quickly recalled if necessary.

 

Human rights implications

 

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

The Determination engages the right to health (Article 12) in the International Covenant on Economic, Social and Cultural Rights (ICESCR).

 

The Determination engages and promotes the right to health in Article 12 of the ICESCR by requiring the owners of imported food maintain records will ensure that imported food is traceable and can be efficiently and effectively recalled if required.

 

Conclusion

 

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

Daryl Quinlivan

Secretary of the Department of Agriculture

 

Overview

The Imported Food Control (Recordkeeping) Determination 2019 was enacted under the Imported Food Control Act 1992, and it was introduced to address the need for stringent traceability and recall mechanisms for imported food products in Australia. The determination was issued by the Secretary of the Department of Agriculture in accordance with subsection 28(2) of the Act. Its primary purpose is to ensure the safety and traceability of imported food by mandating that the owner of the food at the time of importation must maintain detailed records. These records include the food's description, batch or lot code, contact details of the producer and the recipient(s), the dates of receipt and dispatch, and the volume or quantity dispatched. This legislative instrument aims to safeguard consumer health by enabling efficient and effective food recalls when necessary. The Imported Food Control Amendment Act 2018, which introduced these record-keeping requirements, sought to enhance the risk-based management approach to imported food safety, thereby protecting consumer health while reducing the regulatory burden on compliant importers. The determination ensures that imported food can be traced back to its source, facilitating quick and efficient recalls if required. Extensive consultations with various stakeholders, including industry representatives, state and territory food authorities, and consumer groups, underpinned the development of this determination, reflecting a broad consensus on the importance of stringent food safety measures.

Scope and Application

The Imported Food Control (Recordkeeping) Determination 2019 applies to the owner of imported food at the time of importation, mandating the maintenance of specific records to ensure traceability and facilitate recall if necessary. This applies across Australia as a national requirement. The records must include the name or description of the food, either the lot code or batch code, contact details of the producer and recipient, dates of receipt and dispatch, and the volume or quantity of the food. These records are essential to protect consumer health by ensuring that imported food can be traced and recalled efficiently and effectively if needed. The requirements are applicable to all food imported into Australia and must be retained for a period of five years, potentially to be produced to the Secretary. The determination does not include any stated exclusions, exemptions, or thresholds but may be extended or restricted through subordinate instruments under the Imported Food Control Act 1992. The legislation aligns with human rights by promoting the right to health as stipulated in the International Covenant on Economic, Social and Cultural Rights.

Key Provisions

The Imported Food Control (Recordkeeping) Determination 2019, made under subsection 28(2) of the Imported Food Control Act 1992, outlines the specific information that must be contained in records kept by the owner of imported food at the time of importation. According to section 5 of the Determination, these records must include the contact details of both the food producer and the person(s) to whom the owner dispatches the food (section 5(1)(a)). This includes the producer's and the recipient's name, any business name, street address, telephone number, and email address, if known (sections 5(2) and 5(3)). The records must also contain a name or description of the food that indicates its true nature (section 5(1)(c)), the dates the food was received from the producer or supplier and the dates it was dispatched to another person or persons (section 5(1)(d)), either the lot code or batch code for the food (section 5(1)(e)), and the volume or quantity of the food dispatched (section 5(1)(f)). The owner must retain these records for a period of five years (section 28(3) of the Act). The obligations imposed by the Determination on the parties it governs include maintaining accurate and complete records of the specified information for all imported food. Owners must ensure that records are up-to-date and reflect the true nature of the food, including its lot or batch code, the dates of receipt and dispatch, and the volume or quantity dispatched. This includes ensuring that contact details for the producer and the recipient(s) of the food are accurately recorded, as well as maintaining records of the food's description. Failure to comply with these record-keeping requirements may result in civil or criminal penalties, as outlined below. The Act provides for various offences and penalties for breaches of the record-keeping requirements. Under section 28(5) of the Act, an owner who fails to keep the required records or who keeps incomplete or inaccurate records may be liable to a civil penalty. The maximum penalty for a corporation is 200 penalty units ($34,000), and for an individual, it is 50 penalty units ($8,500). Additionally, under section 28(6) of the Act, an owner who intentionally or recklessly fails to keep the required records, or who keeps incomplete or inaccurate records, may be liable to a criminal penalty. The maximum penalty for a corporation is 500 penalty units ($85,000), and for an individual, it is 100 penalty units ($17,000). These penalties serve to enforce compliance with the record-keeping requirements and to ensure that imported food can be effectively traced and recalled if necessary to protect public health.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.