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FBIA General Meeting 18 July 2019. Changes to Imported Food Legislation. Patricia Blenman, A/g Director, Imported Food. 18 July 2019. Presentation outline. Importing food and legislation at the border Imported Food Control Amendment Act Risk based risk management measures.
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FBIA General Meeting 18 July 2019 Changes to Imported Food Legislation Patricia Blenman, A/g Director, Imported Food 18 July 2019
Presentation outline • Importing food and legislation at the border • Imported Food Control Amendment Act • Risk based risk management measures
Importing food into Australia Biosecurity and imported food safety controls administered by the Department of Agriculture 3
Legislation at the border Biosecurity Act 2015 Imported Food Control Act 1992 Imported Food Control Regulations 1993 Sets out how the inspection scheme works (the procedures) Imported Food Control Order 2001 Lists foods that are risk (sets the detail) Protects Australia against biosecurity risks Addresses food safety & compliance with food standards (sets the policy and provisions)
Classifying risk food • Food Standards Australia New Zealand (FSANZ) • provides advice to Agriculture on foods that pose a medium to high risk to public health • risk advice published on FSANZ website – www.foodstandards.gov.au • Department of Agriculture • Implements risk management measures to address risks advised by FSANZ • Minister makes Orders to classify as ‘risk food’. • Implements targeted profiling of food consignments at the border.
Risk classified foods / hazards Beef – BSE RTE meats & pate – micro Cheese that supports Listeria growth – L. monocytogenes Peanuts & pistachios – aflatoxin Sesame seeds – Salmonella Pepper, paprika, dried chilli – Salmonella Dried coconut - Salmonella Cooked RTE crustaceans – micro RTE finfish – L. monocytogenes Histamine susceptible fish Bivalve molluscs – micro & biotoxins Brown algae (seaweed) – Iodine Hijiki seaweed – Inorganic arsenic Cassava chips – Hydrocyanic acid http://agriculture.gov.au/import/goods/food/inspection-compliance/risk-food
Surveillance tests under IFIS e.g. • Antimicrobials in seafood • Ag and vet chemical residues in fruit, vegetables and meat • Adulteration of honey • Contaminants in canned fruit and edible oils • Microbiological tests on cheese, milk powder, infant formula, tofu All food • Label assessment for compliance to Food Standards Code • Visual assessment for safe and suitable Surveillance tests vary to monitor compliance with a range of standards in the Code
Changes to Imported Food Legislation • The outbreak of hepatitis A in February 2015 linked to imported frozen berries exposed limitations in the Imported Food Control Act 1992 • Legislation was reviewed to increase accountability of food importers to ensure safety of imported food and to take incident response measures 10
Imported Food Control Amendment Act 2018 • Amendments made in September 2018 • Emergency Response – temporary holding order on a food for up to 28 days • Graduated enforcement provisions, including infringement notices (fines) and civil penalties • Amendments enforceable in October 2019 • Food safety management certificates for particular foods • Traceability document requirements • Capacity to monitor and gather data on a food/hazard for up to 6 months (regulatory survey) 11
Mandatory foreign government certification • Could be applied to risk classified foods where Competent Authority verification is required to assure hazard management e.g. management of shellfish harvest waters under government programs • Currently applied to all beef and beef products (for BSE and additional food safety attestations for raw product) and to raw milk cheese • Consultation has occurred on bivalve molluscs
Food safety management certificate • A food safety management certificate could be required for certain types of food where safety cannot be assured through border testing • The food importer would need documentary evidence of through-chain controls in accordance with internationally recognised food safety management systems based on Codex HACCP • Certification Schemes benchmarked by the Global Food Safety Initiative are expected to be a source of recognised food safety management certificates
Temporary Holding Orders • Food suspected of posing a serious risk to human health can be held for up to 28 days (with extensions) while the food safety risk is investigated. • During this time consignments can be referred for inspection and testing
Regulatory Survey • Amendments to the Act allow the Secretary to vary inspection rates for risk or surveillance foods for up to 6 months • This could allow for inspection and analysis of a particular food in order to gather more data to inform ongoing risk management actions
Traceability • Requirement for food importers to be able to provide documentation that will allow traceability of food one step forward and one step back • Can be required within 48 hours in an emergency
Risk based approach… Level of risk 18
Thank you Department of Agriculture 19