Imported Food Control Amendment Regulations 2009 (No. 2)1
Select Legislative Instrument 2009 No. 348
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Imported Food Control Act 1992.
Dated 14 December 2009
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
TONY BURKE
Minister for Agriculture, Fisheries and Forestry
1              Name of Regulations
                These Regulations are the Imported Food Control Amendment Regulations 2009 (No. 2).
2              Commencement
                These Regulations commence on the day after they are registered.
3              Amendment of Imported Food Control Regulations 1993
                Schedule 1 amends the Imported Food Control Regulations 1993.
Schedule 1        Amendments
(regulation 3)
 
[1]           Subregulation 3 (1), after definition of chargeable service
insert
compliance agreement has the meaning given by subsection 3 (1) of the Act.
[2]           Paragraphs 8 (b) and (c)
substitute
               (b)    compliance agreement food; or
                (c)    surveillance food.
[3]           Regulations 9 to 11
substitute
9              What is meant by risk food?
                Food of a particular kind may be classified as risk food if the Australia New Zealand Food Authority advises the Minister under subsection 17 (1) of the Act that the food has the potential to pose a high or medium risk to public health.
10            What is meant by compliance agreement food?
         (1)   Food to which a compliance agreement applies is a kind of food that may be classified as compliance agreement food.
         (2)   The food is classified only to the extent to which the compliance agreement applies.
11            What is meant by surveillance food?
                Food must be classified as surveillance food if it is not:
                (a)    classified as risk food; or
               (b)    classified as compliance agreement food; or
                (c)    the subject of a holding order.
[4]           Subregulations 14 (2) and (3)
substitute
         (2)   Five per cent of consignments of food classified as surveillance food must be referred by the Australian Customs Service for inspection under the Scheme.
[5]           Regulation 21, heading
substitute
21            What surveillance food is to be inspected?
[6]           Subregulation 21 (1)
substitute
         (1)   All food classified as surveillance food that is referred for inspection under the Scheme must be inspected.
[7]           After subregulation 22 (2)
insert
         (3)   Subregulation (1) does not apply to compliance agreement food.
[8]           Paragraph 36 (b)
substitute
               (b)    assessment of information for inclusion in a food control certificate;
                (c)    assessment of whether an importer is able to comply with the Act, these Regulations and the conditions in the importer’s proposed compliance agreement;
               (d)    the maintenance and administration of a compliance agreement;
                (e)    assessment of whether an importer is complying with the Act, these Regulations and the conditions in the importer’s compliance agreement.
[9]           Schedule 1, paragraph 1 (a)
omit
active surveillance or random
[10]         Schedule 1, Table 1, heading
substitute
Table 1            Surveillance food or risk food at tightened or normal rate of inspection
[11]         Schedule 2, Part 2, after item 4
insert
5
Assessment of whether an importer is able to comply with the Act, these Regulations and the conditions in the importer’s proposed compliance agreement, including:
   (a)  an examination of the importer’s documented food safety and compliance system; and
   (b)  visiting an importer’s place of business to examine whether the importer’s documented food safety and compliance system is appropriate
$1 300

6
Maintenance and administration of a compliance agreement, including:
   (a)  a help desk liaison service for importers that enter into a compliance agreement; and
   (b)  planning and scheduling visits to an importer’s place of business; and
   (c)  maintaining a database of information arising from the compliance work
$2 300 per year

7
Assessment of whether an importer is complying with the Act, these Regulations and the conditions in the importer’s compliance agreement, including:
   (a)  an examination of whether the importer’s food safety and compliance system is the food safety and compliance system that was documented; and
   (b)  an examination of the records of the importer’s food safety and compliance system
For each officer performing the service — $45 per quarter hour

[12]         Schedule 2, Part 3, items 5 and 6
renumber as items 8 and 9
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.