Proposed Changes to the Food Notice: 
Requirements for Registered Food 
Importers and Imported Food for Sale 
 
New Zealand  Food Safety Discussion  Paper  No: 2023/ 05 
 
 
 Prepared by the Food Regulation Directorate  
New Zealand Food Safety  
 
ISBN No : 978-1-991120- 03-8 (online)  
eISSN No: 2624- 0157 (online 
 
  
 
30 October 2023 
 
 
Disclaimer  
 While every effort has been made to ensure the information in this publication is accurate, the Ministry for Primary 
Industries  does not accept any responsibility or liability for error of fact, omission, interpretation or opinion that 
may be present, nor for the consequences of any decisions based on this information.  
 
This publication is also available on the Ministry for Primary Industries  website at  
http://www.mpi.govt.nz/news- and-resources/publications/
  
 
 
© Crown Copyright - Ministry for Primary Industries   
i Contents  Page 
 
Request for submissions  2 
Who should review this proposed Notice?  2 
How to make a submission  2 
Confidentiality of information  3 
Review and publication of submissions  3 
1 Purpose and scope  4 
2 Background 4 
3 Key proposed changes in the import requirements for frozen berries  5 
3.1 Change in imported food category  5 
3.2 Removal of microbiologica l testing 5 
3.3 New requirement for sourcing of frozen berries  6 
3.4 Official certificates  6 
3.5 Food safety third- party certificates  7 
4 Proposed changes in the draft Notice  10 
4.1 Part 1: General requirements  10 
4.2 Part 2: Registration as an importer  10 
4.3 Part 3: Duties of a registered importer  10 
4.4 Part 4: Categories of imported food  10 
4.5 Part 5: Requirements for HRI food  10 
4.6 Part 6: Requirements for bovine meat and bovine meat products, and food containing such products  10 
4.7 Part 7: Requirements for frozen berries  10 
4.8 Clause 7.4 Option B clearance requirements (the  new requirements)  11 
 2 •  New Zealand Food Safety  
 Request for submissions  
New Zealand Food Safety  is consulting on the proposed changes  to the Food Notice: Requirements for 
Registered Food Importers and Imported Food for Sale (the Notice) and invites interested parties to provide 
feedback on the proposed changes by means of a written submission.    
 
Your written submission must be received by New Zealand Food Safety by 5 pm on 8 January 2024 .  
Who should review this propos ed Notice ? 
The following people or entities are encouraged to review the provided draft of the proposed Notice and consider making a submission:  
 
• Registered food importers  
• Imported food agents and brokers  
• Domestic food businesses that transport, store or sell imported food  
• Laboratories approved for testing imported food  
• Verifiers of food importers  
• Exporters of food or ingredients imported into New Zealand  
• Competent authorities of countries that export food to New Zealand  
 
The proposed N otice will be of particular interest to business operators  involved in the importation of frozen 
berries.   
How to make a submission  
Your  submission must be made in writing and include all of the following information:  
• the title of the proposed Notice   
• your name and title (if applicable)  
• your organisation’s name (if applicable)  
• your address and contact details  
• any requests regarding the confidentiality of information you provide  (see Confidentiality of information 
below) . 
 Please cite the number of the clause you are commenting on and, where appropriate, include supporting 
information, data or examples to explain  your comments . You may wish to use  the submission form provided in 
New Zealand Food Safety’s consultation webpage.    
 We prefer  that you send your submission electronically  by email to : import.systems@mpi.govt.nz
. However, i f you 
wish to send your submission by mail , please post  it to this address:  
 
Imported Food  Team 
Food Regulation  Directorate  
New Zealand Food Safety  
Ministry for Primary Industries  
PO Box 2526  
Wellington 6140  
 
   
3 Confidentiality of  information  
 
Publication of the review of submissions   
A summary of the review of submissions will be published on the N ew Z ealand F ood Safety website.  If your 
submission contains any information that you consider  confidential and which you do not want included in the 
published summary,  indicate this in your  submission  and clearly mark or identify the specific information you wish 
to be kept confidential .  Otherwise, New Zealand Food Safety will consider that you have consented to the 
inclusion of any of the details in your submission  in the published summary of the review of submissions.  
 
Release of information under the Official Information Act 1982  
Any information related to this consultation, including submission s made, may be  subject to a request by a person 
or corporate entity eligible to make a request under the  Official I nformation A ct. Your submission can be made 
available to the requester , unless there is a good reason for withholding it.  
 
If you have any objection to the release of any information in your  submission, clearly state  this in the cover letter 
or email accompanying your submission and indicate which parts you consider should be withheld, together with the reasons for this . Grounds for withholding information are outlined in the O fficial Information A ct, for example, 
the need to protect personal information (such as names and contact details) and commercially sensitive  
information . 
 New Zealand Food Safety will take such objections into account when determining whether to release information under the Official Information Act . An automatic confidentiality disclaimer from your IT system will not be 
considered as acceptable grounds for withholding information. Any decision to withhold information requested 
under the Official Information Act may be reviewed by the Ombudsman.  For more information, visit the website of 
Ombudsman New Zealand
.  
 
Review and publication of submissions  
Once the consultation period has closed, New Zealand Food Safety  will review each of the  submissions and 
consider whether any changes are needed to the proposed N otice . We will seek further clarification about any of 
the submissions , if necessary . The  summary of the review of submissions will be published on the New Zealand 
Food Safety  website.  
   
 
 4 •  New Zealand Food Safety  
 1 Purpose and scope  
The current Food Notice: Requirements for Registered Importers and Imported Food for Sale  (the current Notice ) 
was issued in December 2022 and took effect on 1 August 2023.  New Zealand Food Safety (NZFS) is  proposing 
to make changes to this Notice to improve  the rules for the importation of frozen berries  into New Zealand.  
 
The new Notice will revoke and replace the current Notice  in its entirety.  
 
This document explains the proposed changes in the import requirements for frozen berries  presented in Part 7 of 
the draft Notice provided for this consultation.   
2 Background  
New Zealand has had import controls for froz en berries since December 2015.  In the current Notice, imported 
frozen berries are specified as an “Increased Regulatory Interest (IRI) food that requires clearance for entry” for 
the purpose of managing potential food safety risks from pathogenic microorganisms, particularly hepatitis A virus, in these products.  
    In 2020, NZFS  started a work programme to improve its  knowledge of the microbiological food safety risks 
associated with frozen fruits and vegetables (including berries) and look at ways of strengthening the import controls for frozen berries.  This was initiated because of concerns raised regarding the safety of imported frozen 
berries, which were  triggered by:  
• overseas reports of foodborne outbreaks linked to fresh and frozen berries;  
• the apparent increased consumption of ready -to-eat frozen berries in New Zealand (e.g. foods 
containing uncooked frozen berries, such as smoothies, cold desserts, and similar preparations); and  
• questions regarding the effectiveness of current import controls for frozen berries (i.e. reliance on microbiological product testing).  
 New Zealand importers of frozen berries have also raised issues about the lack of clarity and transparency of  the 
import requirements in the current Notice . 
 Several research studies were commissioned by NZFS during the initial phase of the work programme  in 2020 .  
These studies included a scientific review and microbiological risk ranking of fresh and processed fruits and vegetables imported into New Zealand and three surveys on the supply chain and usage of frozen berries in New 
Zealand. A  review of foodborne outbreaks associated with frozen fruits, including frozen berries , was also 
undertaken in 2022. The collective outcomes of these studies strongly support the strengthening of food safety risk management measures for imported frozen berries to protect the health of the New Zealand public. This view  
has been reinforced  by the occurrence of the  New Zealand hepatitis A outbreak in 2022- 2023 associated with the 
consumption of imported frozen berries, and which affected 39 people.  
 
NZFS has evaluated potential options for managing the risks presented by pathogenic microorganisms  in 
imported frozen berries based on reviews of scientific evidence and related information from engagements with 
key stakeholders (including importers, domestic producers, retailers, regulators).  The draft Notice  specifies the 
proposed new import requirements for frozen berries . These new req uirements will:  
• improve the clarity and transparency about the requirements and their scope of application;  
• improve the effectiveness of requirements by ensuring that frozen berries imported into New Zealand are produced under food safety management systems  that prevent microbiological contamination of berries from 
various sources throughout the supply chain;  
• provide options for importers to demonstrate how they meet the requirements, including using third -party 
certificates issued by accredited certification bodies; and  
• facilitate food safety border clearance operations . 
  
5 3 Key proposed changes in the import req uirements for frozen 
berries  
3.1 Change in imported food category  
Current category  
(1) The Food Regulations 2015 provides for two categories of imported food – High Regulatory Interest (HRI) 
food and Increased Regulatory Interest (IRI) food . The imported food category dictates the legal provisions 
in terms of requirements for clearance. HRI foo d requires clearance for entry , whereas IRI food may 
require clearance for entry  and only if specified by notice.  
(2) “Frozen berries” is specified as an IRI food in the current Notice for the purpose of managing potential 
food safety risks from pathogenic mi croorganisms, particularly hepatitis A virus. At the time that imported 
frozen berries was first identified as IRI food,  available evidence indicate d that they  present ed a potentially 
significant food safety risk to New Zealand consumers, but there was  uncertainty about the nature and/or 
level of the risk  or the way it should be managed.  Frozen berries w ere made an IRI to allow the potential 
risk to be managed while more evidence was  collected , and a thorough assessment of the risk 
undertaken.  
Proposed category  
(3) NZFS is now proposing that the  imported food category of frozen berries be changed from IRI food to HRI  
food. Recent f ood safety risk assessment and reviews of other evidence have confir med that imported 
frozen berries that are ready -to-eat continue to present a significant or increased food safety risk to New 
Zealand consumers , particularly from norovirus and hepatitis A virus .  NZFS also concluded  that 
regulatory intervention, by requir ing border clearance for entry for consignments of imported ready -to-eat 
frozen berries is necessary to manage the risks.   
(4) This proposed change in category will alter the legal status of imported RTE frozen berries, however, the change from IRI to HRI by itself has no practical implication on imports and importers because border 
clearance was already  a requirement for imports of frozen berries.  
3.2 Removal of microbiological testing   
 
Current requirements  
(1) The current import requirements for frozen berries, given in Schedule 2 of the current Notice, provides the 
following three options for clearing consignments of ready -to-eat frozen berries (i.e. products that have not 
been or will not be subjected to a hea t treatment):  
• Option 1 –  Official certificate . 
• Option 2 –  Laboratory test results issued by an overseas laboratory accredited to ISO/IEC 17025 
confirming that the consignment meets the specified microbiological criterion for E. coli . 
• Option 3 –  Testing of consignment for E. coli by an approved New Zealand laboratory . 
In practice, almost all consignments of frozen berries are cleared based on options 2 and 3.  
(2) The requirement for  E. coli  testing of consignments of imported frozen berries was introduced follow ing the 
2015 hepatitis A outbreak in New Zealand associated with imported frozen berries . E. coli  is an indicator 
organism of faecal contamination. Testing of frozen berry consignments for this organism was viewed as a 
means of verifying process control failures (i.e. a failed result could indicate a hygien e failure somewhere 
in the production chain, indicating an increased microbiological risk because of the potential presence of 
pathogenic microorganisms).   
(3) At present, t here is strong consensus from NZFS experts and our key external stakeholders (berry 
importers and retailers) that reliance solely on microbiological testing of frozen berries, whether this is 6 •  New Zealand Food Safety  
 undertaken pre -border or at the New Zealand border, is an ineffectiv e way  of managing the potential risk 
from contamination of products by pathogenic viruses and bacteria.  
  
 E. coli is a poor indicator of the presence of pathogens, particularly viruses , such norovirus  and hepatitis A 
virus. For example, t he detection of E. coli  in frozen berries above the specified limits (i.e. a failed test 
result) does not indicate hepatitis A virus  contamination in the product, and a pass result for E. coli in 
frozen berries gives no assurance as to absence of hepatitis A virus in the product.     
Proposed removal of microbiological testing requirements  
(4) For the reasons discussed above, NZFS is proposing to remove microbiological testing of consignments 
as a means of  satisfying border clearance requirements  for ready -to-eat frozen berries .  Removal of the 
testing requirement will help  NZFS and importers refocus  their efforts and resources on more effective 
ways of managing the risks presented by imported ready -to-eat frozen berries .  It will also facilitate quicker  
clearance of consignments and eliminate the costs associated with laboratory testing.  
(5) NZFS is proposing an 18 -month transition period from the date of issue of the new Notice , before the 
current testing req uirement is completely phased out.  O ver this period,  importers of frozen berries can  
meet clearance requirements by complying with either  the current testing requirement or the new 
clearance requirements presented in the draft Notice  and discussed in sect ion 3.3 of this document .   
(6) According to many of the major New Zealand  importers of frozen berries , it is common commercial 
practice in their industry to negotiate  supply contracts with overseas suppliers on an annual basis .  NZFS 
has taken this into consideration when setting the 18 -month transition period. This will allow importers to 
meet their commercial commitments and provide them sufficient time to fully meet the new requirements 
set out in the draft Notice. Initial f eedback fro m New Zealand importers indicate s their desire to stop 
microbiological testing of consignments and  move to  the new requirements as early as possible over  the 
transition period . 
3.3 New requirement for s ourcing of frozen berries  
(1) NZFS is proposing a new risk ma nagement approach for managing the risks posed by imported ready -to-
eat frozen berries.  This proposed approach is focused on ensuring that ready -to-eat frozen berries are 
sourced by importers from overseas manufacturers  that operate under food safety mana gement systems 
that have procedures and processes in place for identifying and controlling food safety hazards  in berries , 
including pathogens such as norovirus  and hepatitis A virus .  This will require the implementation of 
effective control measures to p revent contamination of berries with pathogens throughout primary 
production and processing (e.g. through application of Good Agricultural Practices on -farm and Good 
Hygien e Practices during processing)  that are consistent with the Codex Alimentarius Commi ssion 
General Principles of Food Hygiene (CXC 1- 1969).   
(2) Food safety a ssurances that confirm that a manufacturer is meeting requirements can  be provided by an 
importer by means of a n official certificate or third -party certificate. These forms of certificates are further 
discussed in sections 3.4 and 3.5 of this document.  
(3) In the case of frozen berries , the manufacturer  is the food business responsible for the management of the 
manufa cturing of berries, which includes (but is not limited to) the freezing  of berries , the addition of other 
foods to berries , and the mixing and packing of frozen  berries.  The focus of the assurances provided by 
the importer to MPI is on confirming that the manufacturer’s systems and procedures, and their 
implementation, meets New Zealand requirements specified in the draft Notice.    
3.4 Official certificates  
Current requirements  
(1) An “official certificate” is a certificate issued by, or under the control of the ex porting country’s competent 
authority, including by a certifying body recognised by the competent authority to issue such certificates.  It 
is commonly referred to as an “export certificate”.  The use of food safety official certificates for clearing 
certain  HRI food (e.g. bovine meat products, bivalve molluscan shellfish, soft cheeses) at the New  
7 Zealand border is a well -established regulatory mechanism used by importers to provide assurances that 
specified import requirements are met.  Official certification requirements for each HRI food are specified 
in the Notice and implemented in accordance with relevant Codex guidelines ,  
(2) Aside from sampling and testing (as discussed in 3.2.1 ), current import requirements for frozen berries  
also allow  the use of official certificates for clearing consignments of ready -to-eat frozen berries . However, 
this approach is  rarely used by importers .  This is not unexpected since the use of food safety official 
certificates to support international trade of plant products is not common, compared to their much wider 
use for animal product s trade.   
(3) The current Notice does not provide adequate detail about the requirements on the contents and use of official certificates.  
P
roposed new requirements  
(4) Although the use of official certificates for clearing imported frozen berry consignments could be  limited, 
NZFS is proposing to retain  this in the draft Notice to provide exporting countries who can meet New 
Zealand requirements an option  for satisfying clearance requirements . The draft Notice specifies the 
requirements for an official certificate  and its use for gaining clearance for entry  for consignments of frozen 
berries.  
(5) The draft Notice is now clear  that official certificates must be based on countr y-specific official certificates 
that have  been agreed between an exporting country’s Competent Authority and the New Zealand Ministry 
of Primary Industries (MPI) (through its NZFS branch) .  This is consistent with the approach applied to 
other HRI food, such as bovine meat products  and bivalve molluscan shellfish .  
(6) It should be noted, however, that a t present, there are no country -specific official certificate s for the export 
of frozen berries to New Zealand  that have been agreed with any exporting country. Negotiations 
regarding official certificate s are  usually initiated by the Competent Authority of a country intending  to 
export a food to New Zealand.  Exporting countries who wish to negotiate official certificates can approach MPI at any time, or they may want to take the opportunity to do this during the 18 -month transition period . 
Overseas exporters  of frozen berries  should contact their country’s Competent Authority , if they wish to 
have this approach considered by MPI . 
(7) After a country -specific certificate is agreed, the particular exporting country will be listed in the Notice  as 
an eligible source of frozen berries  for export to New Zealand. Importers can then source frozen berries 
from a manufacturer from this exporting country and use an official certificate to satisfy clearance 
requirements.  
3.5 Food safety t hird-party certificates 
(1) NZFS is proposing to introduce the use of food safety third -party certificates  as a means of providing 
assurance to satisfy clearance requirements  for ready -to-eat f rozen berries . 
(2) Information from New Zealand’s major importers of frozen berries indicate that most overseas 
manufacturers from  whom they source their products  are certified to  a third -party certification programme, 
with most of them being G lobal Food Safety Initiative (G FSI)-recognised certification programmes .  
Considering the limited use of official certificates in the global trade of frozen produce, NZFS ha s looked at 
the potential of using third -party certificates as  a practical means of getting assurances issued by c redible 
certifying bodies.   
(3) NZFS have considered the opportunities  and r isks associated with t he use of third -party  certificates and 
have decided that it offers opportunities  to complement and support  MPI’s  regulatory oversight  over the 
importation of frozen berries  into New Zealand provided the concerns and risks associated w ith their use 
are managed so that the integrity of New Zealand’s regulatory system is protected and not undermined.  
(4) This approach is consistent with Australia’s requirements for RTE berries , which allows for the use of third -
party certificates to meet their border clearance requirements for imported ready -to-eat berries.  This 
alignment between Australia and New Zealand’s approach on their import requirements for frozen berries promotes confidence in the trans -Tasman trade  of these products . 8 •  New Zealand Food Safety  
 Assessment of third -party certification  programmes  
(5) NZFS ’s proposed approach to the use of third-party certificates within its regulatory system for imported 
food is guided by the Principles and Guidelines for the Assessment and Use of Voluntary Third- party 
Assurance Programmes (CXG 93- 2021 ) developed by the Codex CCFIC committee to assist competent 
authorities in their consideration of how voluntary third- party assurance programmes (referred to as third -
party certification programme in this document and the draft Notice) could be used in a regulatory context.  
It provide s guiding principles to competent authorities when considering the potential role of third -party 
certification programmes in providing assurances. The guidelines also provide a framework and criteria for 
assessing the integrity and credibility of the governance structures of third -party certification  programmes 
and the reliability of certificates generated by such programmes.   
 
(6) The approach and criteria applied by NZFS  for assessing the credibility and integrity of third -party 
certification programmes and how third-party certificates generated by such programmes are used takes 
into consideration: 
 
a) New Zealand’s national food control system (e.g. risk management and legal frameworks);  
b) the purpose for their  use (i.e. assurance of the safety of imported food and to meet border clearance 
of requirements);  
c) MPI’s operational processes and procedures (e.g. border clearance operations);   
d) New Zealand’s international obligations; and  
e) the alignment of the components of a specific third-party certification programme with Codex criteria 
and New Zealand requirements, including:  
• its governance arrangements;  
• accreditation of certification bodies;  
• the standards (i.e. the requirements that food businesses being certified must meet, e.g. the 
requirements for a manufacturer’s food safety management system, including its documentation, components, and implementation);  
• the alignment of hazard control measures with New Zealand or international standards (e.g. 
Codex standards and guidelines);  
• certificates issued (e.g. information provided, verifiability for authenticity and currency);  
• data sharing and information exchange (e.g. accessibility to a third -party certification 
programme’s requirements and processes);  and 
• responses to non- conformity . 
(7) At present, the only third- party certification programmes that have been assessed by NZFS are those 
benchmarked by GFSI against the GFSI Benchmarking Requirements version 2020.  
(8) It is emphasised that NZFS does not intend to limit the use of third -party cert ificates to GFSI- recognised 
certificates.  Any i mporter  or other party interested to have a food safety third -party certification 
programme (other than a GFSI- recognised certification programme) assessed by NZFS can contact the 
Food Regulation Directorate at NZFS ( import.systems@mpi.govt.nz
) for information about the assessment 
requirements (e.g. documents needed), process and criteria.  If found acceptable, provisions for the use of 
third-party certificates issued under the particular certification programme will be added to the Notice.  
 
GFSI -recognised certificate 
(9) A GFSI -recognised certificate is a third -party certificate issued to a food business that is certified to a 
GFSI -benchmarked certification programme.  
(10) GFSI  is a private international non- profit organisation that benchmarks third- party certification programmes 
against GFSI Benchmarking Requirements .  These benchmarking requirements  provide a high- level 
framework against which individual food safety certification programmes are  assessed. They are based on 
internationally recognised standards such as ISO and Codex Alimentarius.  Third -party certification 
programmes may achieve GFSI recognition through benchmarking of their governance rules and the  
9 content of their standards (part III of the  GFSI Benchmarking Requirements ).  GFSI -recognised 
certification programmes  are the most widely used  third -party food safety schemes in the global food 
industry . 
(11) NZFS chose to assess GFSI Benchmarking Requirements and selected  GFSI -recognised certification 
programmes for the following reasons : 
• GFSI -recognised c ertification programmes are the food safety schemes most likely to be used by 
manufacturers of frozen berries imported into New Zealand .  Almost all of the major frozen berry 
importers interviewed by NZFS said that they source their products  from overseas manufacturers 
that are certified to GFSI -recognised certification  programmes.  This  is supported by information 
from Australia’s imported food regulators who have said that  the majority of food safety 
management certificates issued to manufacturers of frozen berries that they have assessed and 
recognised  are GFSI -recognised certificates.  
 
• Documents regarding the GFSI Benchmarking Requirements and the various GFSI- recognised 
certification programmes are publicly accessible, and therefore available for assessment by NZFS . 
 • There is a range of third -party certification programmes that have been benchmarked and 
recognised by GFSI , and this provides flexibility to importers in their selection of  overseas 
manufacturers  from various countries . These certification programmes include BRCGS (Brand 
Reputation through Compliance Global Standard) , FSSC 22000 (Food Safety System Certification 
22000), IFS (International Featured Standards), SQF (Safe Quality Food) and GLOBALG.A. P. 
 
(12) NZFS ’s assessment found that the components of GFSI -recognised certification programmes met  New 
Zealand requirements . The draft  Notice specifically provides for the use of GFSI -recognised certificates 
and sets out the requirements that importers must meet to be able to use them for clearing consignments 
of ready -to-eat frozen berries at the New Zealand border .   
 
  10 •  New Zealand Food Safety  
 4 Proposed changes in the draft Notice  
4.1 Part 1: General requirements 
Clause 1.1 includes new definitions for terms used in the new Part 7 of the draft Notice  (highlighted in the 
draft Notice) , which contains the proposed new requirements for frozen berries . The se new definitions are 
mostly based on  definitions given  in relevant ISO standards an d Codex Alimentarius guidelines.  
4.2 Part 2: Registration as an importer 
 No proposed change.  
4.3 Part 3:  Duties of a  registered importer 
No proposed change.  
4.4 Part 4: Categories of imported food  
(1) Clause 4.1(1) specifies “ frozen berries” as HRI food .  Its imported food category has been changed  from 
IRI food to HRI  food , as explained in section 3.1 of this document.  
(2) Clause 4.1(2) indicates that f rozen berries imported from Australia are not HRI food and , therefore,  do not 
require clearance for entry  into N ew Zealand, in accordance with the Trans -Tasman Mutual Recognition 
Agreement (TTMRA).  
(3) Clause 4.2 and Schedule 2 of the current Notice, which relate to IRI food, have been removed  in the draft 
Notice  because the change in category of imported frozen berries means that there will be  no specified IRI 
food left in the proposed Notice .   
4.5 Part 5: Requirements for HRI food  
(1) All references to IRI food and Schedule 2 in the current Notice have been removed in Part 5  of the draft 
Notice for the reason ex plained above.  The requirements for a manufacturer’s declaration specified  in 
clause 5.3.3 in the current Notice have also been removed since none of the HRI food listed in Schedule 1 
require a manufacturer’s declaration .  
(2) These chang es have no impact on the import and clearance requirements for any of the HRI food listed in  
Schedule 1 of the Notice . 
4.6 Part 6: Requirements for bovine meat and bovine meat products, and food 
containing such products  
No proposed change.  
4.7 Part 7: Requirements for frozen berries 
(1) The entire Part 7 of the draft Notice is new.  
 
Application of Part 7  
(2) Clause 7.1(1) specifies the types of ready -to-eat frozen berries that are HRI  food and to which the 
requirements set out in Part 7 apply. The list consists of fruits commonly know n in culinary and trade term s 
as “berries”, which are typically described as  “small fleshy fruits with no stone or pit, usually have many  
edible seeds , and often  consumed whole  (including the seeds) ”, and:   
11 • are currently imported into New Zealand, or are  commercially produced overseas as frozen 
berries that are ready -to-eat (typically individually quick frozen ), and therefore could potentially 
be imported into New Zealand now or in the immediate future ;  
• are used uncooked in the preparation of ready -to-eat foods (for example smoothies, cold 
desserts and similar products, which are the food vehicles most commonly implicated in 
foodborne outbreaks attributed to frozen berries ); and  
• have the same potential sources and exposure pathways for  microbiological contamination 
during their production and processing as those berries implicated in foodborne outbreaks.  
The list of berries was initially based on the classification of “berries and other small fruits” in Schedule 22 
of the Australia New Zealand Food Standards Code, and which was then adjusted  to include  berries that 
met the criteria described above.  
(3) Frozen berries for further processing in New Zealand  are not ready -to-eat and, therefore, are not 
considered HRI food. Examples are frozen berries for use in making jams and other preserves, 
pasteurised juices and concentrates, and baked goods.  
The intended use of these products is declared by the registere d importer of the product when making an 
import  entry in the border system .  A New Zealand manufacturer’s declaration about the manufacturing 
heat treatment is no longer required (as was previously required for clearance) for entry of consignments 
of these  products into New Zealand, provided the correct use declaration is made when making a 
lodgement.  The importer must ensure that all frozen berries for further processing contained in a 
consignment are transferred to a New Zealand manufacturer(s) for furthe r processing, and all sales and 
distribution transactions are recorded and traceable.   
(4) Clause 7.1(2) describes the different  types and forms of ready -to-eat frozen berries and food containing 
frozen berries that are covered by the requirements specified i n Part 7 . This provides greater clarity for 
importers and border  Food Safety Officers.  
(5) Clause 7.1(3) specifies the frozen berries that are specifically excluded from the application of the 
requirements  set out in Part 7  due to the lower food safety risk they present .  Ready -to-eat frozen berries 
that have been subjected to a treatment sufficient to eliminate significant hazards , including norovirus and 
hepatitis A virus , are excluded from requiring clearance only where e vidence  is made available to MPI 
about such treatment . These include products that have been heat pasteurised.  NZFS will provide 
guidance on its importing food webpage about the types of evidence and heat treatment parameters that 
can be used to satisfy this exclusion requirement.  
Options for clearance during the transition period  
(1) Clause 7.2 allows importers of ready -to-eat frozen berries to meet clearance requirements , over an 18 -
month period from the date of issue of the new  Notice  (i.e. the transition pe riod), by complying with either 
Option A requirements (current testing requirements) or Option B requirements (new requirements) , as set 
out in clauses 7.3 and 7.4, respectively .    
Clauses 7.2 and 7.3 will be revoked at the end of the transition period, w hich means that all importers 
must meet Option B clearance requirements from that date onwards.  
(2) Clause 7.3 sets out the  Option A clearance requirements , which are the same requirements as in the 
current Notice . In practice, this means that importers can choose to continue to clear consignments of 
ready -to-eat frozen berries the way they  currently  do (e.g. testing of consignment)  until such time that they 
are able to meet the new requirements , provided this happ ens within the 18 -month transition period.  
4.8 Clause 7.4 Option B clearance requirements (the new  requirements ) 
Source of imported frozen berries  
(1) Clause 7.4.1 specifies  the new requirements for sourcing of frozen berries.  
• The importer must source frozen berr ies only from overseas manufacturers that can provide an official 
certificate or GFSI -recognised certificate that confirms or indicates that the manufacturer complies 12 •  New Zealand Food Safety  
 with a food safety management system that meets the requirements specified in clause 7.4. 2.  
 
• The focus of the new import requirements is on the importer getting assurance  from a manufacturer 
that its  food safety systems and procedures  effectively manage  the risks from potential 
microbiological contamination of ready -to-eat frozen berries exported to New Zealand.  
(2) Clause 7.4.2 sets out the components  that an overseas manufacturer’s food safety management system 
must include  and comply with , including  controls for food safety hazards based on a HACCP plan  and 
Good Hygiene Practices that are consistent with Codex Alimentarius Commission General Principles of 
Food Hygiene (CXC 1 -1969). Specific mention is given to controlling norovirus and hepatitis A virus 
contam ination on berries since these are the particular pathogens of food safety concern to New Zealand.  
(3) Clause 7.4.2 (1)(g) sets out specific requirements for the manufacture r to ensure that fresh berries that are 
for use in the manufacture of frozen berries are  sourced from growers and packers that have a food safety 
management system that meets cl ause 7.4.2( 2).  This reflects the importance that New Zealand is placing 
on ensuring that food safety assurances extend to the primary production and post -harvest proc essing of 
fresh berries, including hazard  controls and traceability of products.  
(4) Clause 7.4.2( 2) sets out the components that a berry grower’s or packer’s food safety management 
system must meet.  This food safety management system must be audited annually  by a competent 
person (e.g. a trained auditor with horticultural expertise within the manufacturer’s company or a 
government agency) or by a certifying body that is accredited by an accreditation body.  
 
Requirements for official certificates  
(5) Clause 7.4.3 sets out the requirements for official certificates.  As explained in section 3.4 of this 
document , an importer can only use this option where there is an existing country -specific official 
certificate for the export of frozen berries to New Zealand that has been agreed between an exporting 
country’s Competent Authority and MPI.  At present there is no cou ntry-specific certificate that has  been 
agreed with  any country . When a country -specific certificate is eventually agreed, the relevant exporting 
country will be listed in the Notice.  
Requirements for GFSI -recognised certificates  
(6) Clause s 7.4.4 (1) and (2) set out the require d contents of  a GFSI -recognised certificate  and its verifiability.  
(7) Clause 7.4.4(3) requires an importer to ensure that a GFSI -recognised certificate is provided to MPI with 
an accompanying manufacturer’s declaration confirming the stateme nts given in clause 7.4.4(3)(c) . This 
additional evidence is required because NZFS’s assessment of the various  GFSI -recognised certification 
programmes indicate that GFSI -recognised certificates will not provide adequate information that confirms 
or indica tes a manufacturer’s food safety management system ’s compliance to the requirements specified 
in clause 7.4.2(1)(g)  (i.e. the requirements for sourcing of fresh berries for use in the manufacture of 
frozen berries) .  
(8) Clause 7.4.4(5) requires an importer to  submit the GFSI -recognised certificate they wish to use, together 
with the accompanying manufacturer’s declaration, to MPI for checking against requirements specified in the Notice.  After the  documents are found to meet requirements, MPI will notify the importer that the 
specific GFSI -recognised certificate and manufacturer’s declaration may be used to satisfy clearance 
requirements for consignments of ready -to-eat frozen berries exported to New Zealand over the period 
that the certificate is within its e xpiration date.  
MPI will keep copies of these documents so that the importer does not need to provide them repeatedly for each consignment of frozen berries.  
(9) It is the importers responsibility to ensure that valid GFSI -recognised certificates and manufacturer’s 
declarations are held by MPI when they import frozen berries.  
 
   
13 Documents required for clearance of consignments  
(10) Clause 7.4.5 specifies the documents that must be provided by an importer for each consignment of 
frozen berries imported into New Zealand  when either an offic ial certificate  or a GFSI -recognised 
certificate is used to satisfy clearance requirements . 
(11) When a GFSI -recognised certificate is used, the importer must ensure that documented evidence  that 
contains information listed in clause 7.4.5(2)  is made available to a border Food Safety Officer . Examples 
of documented evidence are  a commercial invoice  or a manufacturer’s declaration . The details of the 
manufacturer (s) indicated in the documented evidence will be checked and matched by th e Food Safety 
Officer to the relevant GFSI -certificate (s) submitted by the importer and held by MPI.  The date of export of 
the consignment will also be checked to confirm that it is within the expiration date of the certificate (s).