Imported Food Control Amendment Order 2011 (No. 1)

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Imported Food Control Amendment Order 2011 (No. 1)1
I, JOSEPH WILLIAM LUDWIG, Minister for Agriculture, Fisheries and Forestry, make the following Order under regulations 7 and 8 of the Imported Food Control Regulations 1993.
Dated 1 September 2011
 
JOSEPH WILLIAM LUDWIG
Minister for Agriculture, Fisheries and Forestry
1              Name of Order
                This Order is the Imported Food Control Amendment Order 2011 (No. 1).
2              Commencement
                This Order commences on the day after it is registered.
3              Amendment of Imported Food Control Order 2001
                Schedule 1 amends the Imported Food Control Order 2001.
Schedule 1        Amendments
(order 3)
  
[1]           Suborder 3 (1), definition of New Zealand product
substitute
New Zealand product means food produced in or imported into New Zealand, being food to which the Trans-Tasman mutual recognition principle set out in Part 2 of the Trans-Tasman Mutual Recognition Act 1997 applies
[2]           Order 4
substitute
4              Identification and classification of food
         (1)   Food of a kind to which the Act applies that is mentioned in clause 1 of Schedule 1 is required to be inspected, or inspected and analysed, under the Scheme as risk food.
         (2)   Suborder (1) does not apply to:
                (a)    food that is New Zealand product; or
               (b)    food that is classified under suborder (4).
         (3)   New Zealand product of a kind to which the Act applies that is mentioned in clause 1 of Schedule 2 (other than food that is classified under suborder (4)) is required to be inspected, or inspected and analysed, under the Scheme as risk food.
         (4)   Food to which a compliance agreement applies is classified as compliance agreement food.
         (5)   If food of a particular kind is required to be inspected, or inspected and analysed, under the Scheme as a particular class of food, the food is classified as included in that class.
[3]           Schedule 1
substitute
Schedule 1        Risk food
(suborder 4 (1))
1              Kinds of food
                For suborder 4 (1), the kinds of food are each kind of food that is described in 1 or more items of the following table. Each item of the table is to be read separately and in addition to each other item.
 

Item
Kind of food

1
Beef (whether cooked or uncooked and whether or not chilled or frozen)

2
Beef products (whether cooked or uncooked and whether or not chilled or frozen)

3
Cassava chips that are ready-to-eat

4
Cheese of the following kinds:
   (a)  curd cheese;
  (b)  fresh cheese that is not fermented, including whey cheese;
   (c)  soft cheese;
  (d)  soft smoked cheese;
   (e)  surface‑ripened cheese

5
Chicken meat that is cooked (whether or not chilled or frozen), but is not canned

6
Coconut that is dried

7
Crustaceans, including prawns, that are cooked (whether or not chilled or frozen), but are not canned

8
Fish of the following kinds:
   (a)  tuna, including canned tuna (whether dried or not);
  (b)  tuna products;
   (c)  mackerel;
  (d)  Ready‑to‑eat finfish

9
Manufactured meat that is cooked, including meat pastes and pâté

10
Manufactured meat that is uncooked

11
Marinara mix (whether or not chilled or frozen)

12
Molluscs Bivalve (whether cooked or uncooked)

13
Paprika that is dried

14
Peanuts and any food that contains peanuts

15
Peanut products and any food that contains peanut products

16
Pepper that is dried

17
Pistachios and any food that contains pistachios

18
Pistachio products and any food that contains pistachio products

19
Pig meat that is cooked (whether or not chilled or frozen), but is not canned

20
Poultry pâtés and poultry livers that are ready for consumption (whether or not chilled or frozen), but that are not canned

21
Seaweed — brown only

22
Sesame seeds and sesame seed products

Schedule 2        Risk food that is New Zealand product
(suborder 4 (3))
1              Kinds of food
                For suborder 4 (3), the New Zealand product is each kind of food that is described in 1 or more items of the following table. Each item of the table is to be read separately and in addition to each other item.
 

Item
Kind of food

1
Beef (whether cooked or uncooked and whether or not chilled or frozen)

2
Beef products (whether cooked or uncooked and whether or not chilled or frozen)

3
Cassava chips that are ready-to-eat

4
Pig meat that is cooked (whether or not chilled or frozen), but is not canned

5
Raw milk cheese, except where the milk or dairy products used to manufacture the cheese were processed, in making the cheese, in accordance with the requirement in clause 2 of this Schedule

6
Seaweed — brown only

2              Raw milk cheese treatment
         (1)   The requirement is that the milk or dairy products must be processed in one of the following ways:
                (a)    for milk — by pasteurisation;
               (b)    by being held at a temperature of not less than 62˚C for a period of not less than 15 seconds;
                (c)    in such a way that the curd is heated to a temperature of not less than 48˚C;
               (d)    for Gruyere, Sbrinz or Emmental cheese — in a way set out in the Ordinance on Quality Assurance in the Dairy Industry of the Swiss Federal Council of 18 October 1995, but only if the cheese has a level of safety protection equivalent to the level of safety protection of cheese where the milk or dairy products used to manufacture the cheese were processed as set out in paragraph (a) or (b);
                (e)    for Roquefort cheese — in a way set out in any of the following:
                          (i)    the Ministerial Order of 30 December 1993 on requirements relating to the premises, equipment and operation of milk collection or standardization centres and of establishments involved in the treatment or processing of milk or milk-based products;
                         (ii)    the Ministerial Order of 18 March 1994 on the hygiene of milk products and collection;
                        (iii)    the Ministerial Order of 30 March 1994 on the microbiological criteria that drinking milk and milk-based products must satisfy in order to be placed on the market;
                        (iv)    the Ministerial Order of 28 June 1994 on the identification and sanitary approval of establishments placing on the market animal foodstuffs or foodstuffs of animal origin and on health marking;
                        (iv)    the Ministerial Order of 2 March 1995 on the approval of milk collection, standardization or treatment centres and of establishments involved in the processing of milk and milk-based products;
                        and the requirements of subclause (4) of this Schedule are met.
         (2)   Paragraph (1) (b) does not apply in relation to raw milk cheese unless the cheese is also stored at a temperature of not less than 2˚C for a period of not less than 90 days after the date of processing.
         (3)   Paragraph (1) (c) does not apply in relation to raw milk cheese unless the cheese is also stored at a temperature of not less than 10˚C for a period of not less than 6 months and, after being so stored, has a moisture content of less than 36%.
         (4)   For paragraph (1) (e), the requirements are:
                (a)    pH during the acidification process, salt concentration and moisture content must be monitored and recorded during processing:
               (b)    any unpasteurised milk used in processing must have been tested and have no detected levels of Listeria monocytogenes in 25 ml of milk per tanker; and
                (c)    the cheese must be stored at an appropriate temperature for a period of not less than 90 days after the date of processing.
         (5)   A reference in paragraph (1) (e) to a Ministerial Order is a reference a Ministerial Order recorded in the Journal Officiel de la République Française.
         (6)   In this Schedule:
pasteurise, in relation to milk, means:
                (a)    heating the milk to a temperature of not less than 72˚C and maintaining that temperature in the milk for not less than 15 seconds, then cooling the milk immediately in a way that ensures that the growth of microbiological hazards in the milk is prevented or reduced;
               (b)    heating the milk using any other time and temperature combination that has an lethal effect on any pathogenic micro-organisms that may be in the milk equivalent to, or greater than, would occur if the process described in paragraph (a) were used;
                (c)    using any other process on the milk that has a lethal effect on any pathogenic micro-organisms that may be in the milk equivalent to, or greater than, would occur if the process described in paragraph (a) were used.
Notes
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.
 
 

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