G/SPS/N/AUS/530  
 
19 November 2021  
(21-8726) Page: 1/3 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  NOTIFICATION  
1. Notifying Member:  AUSTRALIA  
If applicable, name of local government involved:   
2. Agency responsible:  Food Standards Australia New Zealand (FSANZ)  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO; ICS numbers should be provided in addition, 
where applicable):  Fresh berries, fresh leafy vegetables and fresh melons  – HS Codes: 
0807.1 Melons (including watermelons) ; 0807.11.00(40) Watermelons ; 0807.19.00(41) 
Other; Excluding: 0807.20.00 papayas ; 0810.10.00(09) Strawberries ; 0810.20.00(10) 
Raspberries, blackberries, mulberries and loganberries ; 0810.30.00(14) Black, white or 
red currents and gooseberries ; 0810.90.00(59) Other ; 0811.10.00(25) Strawberries ; 
0811.2 0.00( -) Raspberries, blackberries, mulberries and loganberries, black, white or red 
currents and gooseberries ; 0811.20.00(19) Raspberries, not containing added sweetening 
matter, not pulped ; 0811.20.00(26) Other ; 0811.90.00(22) Other  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[ ] All trading partners   
[X] Specific regions or countries:  Country and commodity combinations listed below 
(this list may not be exhaustive).  
− All European countries : Fresh brassica  spp. (e.g. collard, kale - fresh salad 
greens only) ; Fresh chicory and endive ; Fresh silverbeet ; Fresh spinach ; Fresh 
watermelon  
− Japan : Fresh strawberries  
− Pacific Community countries : Fresh chicory and endive ; Fresh silverbeet ; Fresh 
spinach  
− Repub lic of Korea : Fresh oriental melons and rockmelon ; Fresh strawberries  
− United States of America : Fresh brassica  spp. (e.g. collard, kale - fresh salad 
greens only) ; Fresh chicory and endive ; Fresh rockmelon and honeydew melon ; 
Fresh silverbeet ; Fresh spinac h; Fresh strawberries ; Fresh watermelon  
5. Title of the notified document:  Proposal to include certain draft standards in Chapter 4 
of the Food Standards Code . Language(s):  English . Number of pages:  14 
6. Description of content:  The following draft standards are proposed for inclusion in 
Chapter 4 (primary production standards - Australia only) of the Food Standards Code 
(https://www.foodstandards.gov.au/cod e/Pages/default.aspx ): 
− Standard 4.2.7 - Primary production and processing standard for berries  
− Standard 4.2.8 - Primary production and processing standard for leafy vegetables  
− Standard 4.2.9 - Primary production and processing standard for melons  
The proposed draft standards are included in the P1052 2nd call for submissions  
(2nd consultation period). This package also includes  an analysis of current regulation of 
these sectors in Australia a microbiological risk assessment a cost benefit analysis 
compliance plans a consultation regulation impact statement the 2nd CFS report.  
The vast majority of horticultural produce is safe, however outbreaks linked to particular 
sectors continue to occur. In June 2018, Australia and New Zealand food minister G/SPS/N/AUS/530  
 
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  requested that FSANZ reassess food safety risk management across several horticultural 
sectors; including fresh berries, fresh leafy vegetables and fresh melons.  
We identified the  following microbial hazards as being of greatest concern:  
− Berries: shiga toxin -producing Escherichia coli  (STEC), norovirus (NoV) and hepatitis A 
virus (HAV) ; 
− Leafy vegetables: STEC, non -typhoidal Salmonella  spp. (Salmonella) and Listeria 
monocytogenes  (Listeria) ; 
− Melons: Salmonella and Listeria.  
Our microbiological risk assessment identified the most likely routes of contamination in 
each sector and proposed risk mitigation measures.  
Our cost benefit analysis identified the most cost effe ctive way to reduce illness caused by 
the microbial hazards we identified.  
Based on our assessment, a combination of regulatory (i.e. standards) and non -regulatory 
measures is our preferred approach. FSANZ prepared three draft proposed standards 
(regulator y measures) - one each for fresh berries, fresh leafy vegetables and fresh 
melons.  
7. Objective and rationale: [X]  food safety, [  ] animal health, [  ] plant protection, 
[ ] protect humans from animal/plant pest or disease, [  ] protect territory from 
other damage from pests.  Food safety in the primary production and primary processing 
of fresh berries, leafy vegetables and melons.  
8. Is there a relevant international standard? If so, identify the standard:  
[X] Codex Alimentarius Commission (e.g.  title or serial number of Codex 
standard or related text) : Codex Alimentarius Commission (CXC 53 -2003 
Code of Hygienic Practice for Fresh Fruits and Vegetables)  
[ ] World Organization for Animal Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chap ter number) :  
[ ] International Plant Protection Convention (e.g.  ISPM number) :  
[ ] None  
Does this proposed regulation conform to the relevant international standard?  
[X] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:   
9. Other relevant documents and language(s) in which these are available:  
The Australian New Zealand Food Standard Code:  
https://www.foodstan dards.gov.au/code/Pages/default.aspx  
10. Proposed date of adoption (dd/mm/yy) : If these three draft standards are approved 
by the FSANZ Board and no review is sought from Food Ministers, gazettal is anticipated to 
occur during 2022. There will be an 18 month implementation period post gazettal.  
Proposed date of publication (dd/mm/yy ): 17 November 2021 FSANZ will provide 
public notification, including publication of the assessment summary and supporting 
documents for the second call for submissions on Wednesday, 17 November.  
FSANZ will provide a further public notification and publish  the decision for approval 
together with the approval reports and supporting documents in 2022.  
11. Proposed date of entry into force: [  ] Six months from date of publication , and/or  
(dd/mm/yy) : If these three draft standards are approved by the FSANZ Boa rd and no 
review is sought from Food Ministers' there will be an 18 month implementation period 
post gazettal.  
[ ] Trade facilitating measure   G/SPS/N/AUS/530  
 
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  12. Final date for comments: [  ] Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : 9 February 2022.  An extended consultation period is 
being provided given this falls over the Christmas period. This  consultation period allows 
for more than the 60 day notificat ion period required for WTO notification – 
SPS Agreement.  
Agency or authority designated to handle comments: [  ] National Notification 
Authority, [X]  National Enquiry Point. Address, fax number and e -mail address (if 
available) of other body:   
The Australian SPS Contact Point  
GPO Box 858  
CANBERRA ACT 2601  
AUSTRALIA  
E-mail: sps.contact@agriculture.gov.au  
13. Text(s) available from: [X]  National Notification Authority, [  ] National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
Documents are available from the Food Standards Australia New Zealand website: 
https://www.foodstandards.gov.au/code/proposals/Pages/P10 52.aspx . 
 
Documents (including hard copies) can also be requested by contacting 
standards.maangement@foodstandards.gov.au , or from the following address:  
The Australian SPS Contact Point  
GPO Box 858  
CANBERRA ACT 2601  
AUSTRALIA  
E-mail: sps.contact@agriculture.gov.au