Under section 50 of the Legislation Act 2003, all Australian Government regulations ‘sunset’. This means they automatically cease to be law on a certain date unless a review finds the regulations are still required.
Following a review, the department determined the imported food order is still required to support the objectives of the Imported Food Control Act 1992.
The Imported Food Control Order 2019 was remade by the Minister for Agriculture on 1 October 2019. Consequently, the Imported Food Control Order 2001 is no longer inforce.
Purpose of the Order
The Imported Food Control Order 2019 supports the operation of the Imported Food Inspection Scheme. It:
- enables the Minister for Agriculture to identify and classify imported food as risk food, surveillance food, or compliance agreement food
- enables the Minister for Agriculture to identify risk food that must be covered by a recognised foreign government certificate
- supports our obligations under the Trans-Tasman Mutual Recognition Arrangement (TTMRA).
Identify and classify foods
Classification of imported food as risk food, surveillance food, or compliance agreement food:
- allows us to set arrangements for the inspection or inspection and analysis of imported foods subject to the Imported Food Inspection Scheme
- supports importers who enter into a voluntary Food Import Compliance Agreement (FICA). Foods subject to a FICA are exempt from inspection and analysis.
Mandatory foreign government certification
The Order identifies risk foods products that must be covered by a recognised foreign government certificate. This is a government-to-government certification arrangement with the national competent authority of the country exporting food to Australia providing assurance that the food has been produced safely.
Obligations under the TTMRA
Under the Order, we can identify New Zealand products that require or do not require inspection or inspection and analysis under the Imported Food Inspection Scheme.
- Schedule 1: Most risk foods identified are exempt from the Imported Food Inspection Scheme when imported from New Zealand
- Schedule 2: Identifies foods from New Zealand that require inspection or inspection and analysis.