Purpose:

The purpose of this legislation is to provide for the inspection and control of food imported into Australia, ensuring its compliance with Australian food standards and requirements for public health and safety.

Objectives:

• Ensure the compliance of food imported into Australia with Australian food standards.
• Ensure the compliance of food imported into Australia with the requirements of public health and safety.
• Establish a comprehensive food inspection scheme for food applicable under this Act.
• Control the importation, labelling, and movement of food subject to this Act.
• Provide mechanisms for the treatment, destruction, or re-exportation of food identified as failing food.
• Implement record-keeping requirements for owners of imported food.
• Establish enforcement actions including monitoring, investigation, civil penalties, infringement notices, and enforceable undertakings.

Key Provisions:

• Establishes offences and civil penalties related to importing food that does not meet applicable standards or poses a risk to human health (Sections 8, 9A).
• Outlines offences and civil penalties for non-compliant labelling of imported food (Sections 8A, 9A).
• Prohibits dealing with examinable food without a food control certificate, without an imported food inspection advice, or dealing with failing food contrary to advice or approval (Sections 9, 9A).
• Provides for the application and issue of food control certificates and imported food inspection advices (Sections 11, 12, 13, 14).
• Empowers the Secretary to make holding orders for food of a particular kind that is failing food or poses a serious risk to human health (Section 15).
• Establishes the Food Inspection Scheme, specifying the manner and incidence of inspection and analysis, and empowering the Minister and Secretary to make related orders and determinations (Section 16).
• Provides for the recognition of foreign government certificates, food safety management certificates, and quality assurance certificates to vary inspection incidence (Sections 18, 18A, 19).
• Mandates the treatment, destruction, or re-exportation of failing food, and details the associated requirements and penalties (Section 20).
• Sets out powers for monitoring and investigation, including entry, inspection, search, and seizure, under the Regulatory Powers Act (Sections 22, 23).
• Implements record-keeping and retention requirements for owners of imported food, including powers for the Secretary to inspect and require production of records (Sections 28, 29, 30, 31, 32).
• Grants the Secretary power to require information or documents relevant to the operation of the Act (Section 34A).
• Authorises the Secretary to publish information about overseas food processing operations and associated health risks (Section 35).
• Allows the Secretary to enter into compliance agreements with persons regarding imported food procedures, record-keeping, and compliance monitoring (Section 35A).
• Prescribes fees for chargeable services provided under the Act and allows for the recovery of these fees as a debt (Section 36).
• Provides for compensation for destroyed food under specific conditions (Section 39).
• Outlines the appointment of authorised officers and delegation of powers by the Secretary (Sections 40, 41).
• Establishes a review process for initial decisions made under the Act (Section 42).
• Regulates the use and disclosure of information obtained under the Act (Section 42A).

Evidence of Compliance Requirements For Agricultural Organisations:

• Food Standards and Health Risk Compliance:
  • Imported food must meet applicable Australian food standards, including the Australia New Zealand Food Standards Code and the Country of Origin Food Labelling Information Standard 2016. This requires organisations to ensure that their imported food products, including live animals and plants used as food or ingredients, meet chemical, microbial, additive, and other compositional or safety standards, and are not produced, processed, manufactured, stored, packed, packaged, or transported under conditions rendering them dangerous or unfit for human consumption (Sections 8(1)©, 8(3)©, 9A(1)©, 9A(2)©, 3A).
  • Organisations must ensure that imported food does not pose a risk to human health due to pathogenic micro-organisms, toxins, non-approved chemicals, or other contaminants, or due to production/processing conditions (Section 3(2)).
• Labelling Compliance:
  • Organisations dealing with imported food must ensure it meets applicable standards relating to information on labels for packages (Section 8A(1)(d), 9A(3)(d)). This implies labels must comply with the Australia New Zealand Food Standards Code and the Country of Origin Food Labelling Information Standard 2016 at the point of dealing, unless the dealing is specifically for the purpose of altering or replacing the label to achieve compliance (Sections 8A(3), 9A(4)).
• Food Control Certificates and Inspection Advices:
  • Organisations must not deal with examinable food (food subject to inspection orders, holding orders, or deemed suspicious by an authorised officer) that has been imported without a food control certificate, unless approval from an authorised officer has been obtained or the dealing is in accordance with a compliance agreement (Sections 9(1), 9A(5)).
  • If a food control certificate has been issued but an imported food inspection advice has not, organisations must not deal with the food unless approved by an authorised officer or acting under a compliance agreement. This does not apply if dealing is for the purpose of altering/replacing the label to meet applicable standards (Sections 9(3), 9A(6), 9A(7)).
  • Organisations must present a food control certificate to the person having possession of the food if required by conditions imposed under the Customs Act for delivery into home consumption or warehousing (Sections 10(1), 10(2), 10(3)).
  • Documentation/Action: Application for a food control certificate must be made by the owner in a prescribed manner, containing prescribed information, and communicated to an authorised officer. A computer entry under the Customs Act may be taken as an application (Section 11(1), (2)).
  • Reporting Requirements: An authorised officer issues a written imported food inspection advice after inspection/analysis, stating if the food is failing food and how it is to be dealt with (Section 14(1)). Organisations must adhere to this advice.
• Dealing with Failing Food:
  • Organisations must not deal with examinable food identified as failing food in an imported food inspection advice unless approved by an authorised officer or permitted/required by the advice (Sections 9(6), 9A(8)).
  • Treatment, Destruction or Re-exportation: If an imported food inspection advice permits or requires treatment, destruction, or re-exportation, the owner may receive a written notice from an authorised officer detailing the required manner (specified or agreed) and a specified timeframe for completion (Sections 20(2), (3), (4), (5)).
  • Proof of Action: Organisations must provide evidence of completing the required treatment, destruction, or re-exportation. Failure to comply with destruction or re-exportation requirements is an offence (Section 20(8)).
  • Financial Obligation: The owner of seized and destroyed/disposed of food is liable to reimburse the Commonwealth for associated costs (Section 20(12)). Evidence needed: payment of reimbursement.
• Record-keeping Requirements:
  • Records to Keep: Owners of imported food must keep records containing information determined by the Secretary via legislative instrument (Section 28(1), (2)). These records are crucial for demonstrating compliance with the Act.
  • Retention Period: Records must be retained for a period of 5 years (Section 28(3)).
  • Production of Records: Organisations must produce specified records to the Secretary upon written notice within a minimum of 14 days, or a shorter period if the Secretary deems it necessary due to a serious risk to human health (Section 29(1), (2), (3)). Failure to comply is an offence (Section 29(5)).
  • Inspection/Copying/Retention: Records produced may be inspected, copied, and retained by the Secretary. Organisations are entitled to a certified copy if records are retained (Sections 30, 31).
• Information and Document Provision:
  • Organisations must provide specified information or documents to an authorised officer, as required by written notice from the Secretary, within a minimum of 14 days, or a shorter period if there is a serious human health risk (Section 34A(1), (2), (3)). Failure to comply is an offence of strict liability (Section 34A(5)).
• Compliance Agreements:
  • Organisations may enter into compliance agreements with the Secretary. These agreements will specify procedures for imported food, including inspection and testing incidence, analysis, and treatment. They also outline requirements for record-keeping, supervision, monitoring, and testing of the organisation’s compliance (Section 35A(1)). Organisations must adhere to the terms of these agreements, as failure to comply is an offence (Sections 35A(6), (7), (8)).
• Fees for Services:
  • Organisations are liable to pay prescribed fees for chargeable services (e.g., inspection, analysis, issue of documentation, supervision of treatment/destruction/re-exportation, entry into a compliance agreement). Payment is generally required before or at the time the service is rendered, or as prescribed for reimbursement (Section 36(1), (3), (4)).
  • Financial Compliance: Failure to pay fees within 28 days may result in the Secretary directing that food control certificates or other relevant documentation will not be issued for current or future food imports by that organisation until outstanding fees are paid or a payment agreement (potentially including interest up to 20% per year and security) is established (Section 36(8), (9)).

Metadata Keywords:

Imported Food Control, Food Safety Australia, Australian Agriculture, Food Standards, Compliance Requirements, Food Inspection, Record-keeping, Biosecurity, Labelling, Food Imports

Publication Information:

Compilation No. 29, Compilation date: 14 October 2024, Act No. 221, 1992 (Includes amendments from Act No. 39, 2024).

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.gov.au/C2004A04512/2024-10-14/2024-10-14/text/original/pdf →