Imported Food Control Regulations (Amendment)

Overview

The Imported Food Control Regulations (Amendment) 1997 No. 321, issued under the authority of the Minister for Primary Industries and Energy, amends the Imported Food Control Regulations 1992 to address two specific issues. Firstly, it exempts certain foods imported from New Zealand from the scope of the Imported Food Control Act 1992, aligning with the agreements reached between Australia and New Zealand to harmonise food surveillance and compliance procedures and reduce inspection barriers for certain food products traded between the two countries. Secondly, the amendment updates the regulations to reflect a title change from "National Food Authority" to "Australia New Zealand Food Authority" in accordance with the National Food Authority Amendment Act 1995. This change ensures consistency between the Act and the Regulations. The policy objective of these amendments is to facilitate smoother trade in food products between Australia and New Zealand while maintaining necessary food safety standards.

Scope and Application

The Imported Food Control Act 1992, as amended by the Imported Food Control Regulations (Amendment) 1997, regulates the inspection and control of food imported into Australia, aiming to safeguard public health and maintain food safety standards. The Act applies to all food imported into Australia, except for certain foods from New Zealand specified in the regulations, which are exempted from the Act's scope to facilitate harmonised food surveillance and compliance procedures between Australia and New Zealand. The amendment to the regulations identifies specific types of New Zealand food exempted from the Act and updates references from "National Food Authority" to "Australia New Zealand Food Authority" to reflect legislative changes and align with the National Food Authority Amendment Act 1995. These amendments are essential to maintaining the integrity of the imported food control scheme while fostering cooperative relations with New Zealand in food trade.

Key Provisions

The main operative sections of the Imported Food Control Regulations (Amendment) 1997 No. 321 include Regulation 2, which specifies the types of New Zealand food exempt from the operation of the Imported Food Control Act 1992 (the Act), and Regulations 3 and 4, which update references to the "National Food Authority" to "Australia New Zealand Food Authority" in the Imported Food Control Regulations. Regulation 1 provides for the amendment of the Regulations as outlined in the Amendment. These regulations are necessary to ensure that certain food items imported from New Zealand are exempt from the Act and to reflect changes in the regulatory body's title. The obligations and requirements imposed by these Regulations on the parties or entities they govern are primarily to ensure compliance with the specified exemptions for certain New Zealand food items and to update references in the Regulations to reflect the change in the regulatory body's title. Importers and other relevant parties must be aware of which New Zealand food items are exempt from the Act and ensure that these items are correctly identified and handled according to the Regulations. Additionally, they must ensure that any references to the "National Food Authority" in the Regulations are updated to "Australia New Zealand Food Authority" to maintain consistency and compliance with the current legislative framework. Any breaches of these Regulations could lead to enforcement actions under the Imported Food Control Act 1992. The Act provides for a range of civil and criminal penalties for non-compliance. Specifically, Section 28 of the Act outlines offences related to the importation of food that does not comply with the requirements of the Act, which can result in fines up to $22,000 for individuals and $110,000 for bodies corporate. Furthermore, Section 29 allows for the seizure and destruction of non-compliant food, and Section 30 provides for the prosecution of offenders. The exact penalties for breaches of the amended Regulations would depend on the nature and severity of the non-compliance, but they align with the penalties outlined in the Act.