Food Notice  
 
 
Importing Food  
. 
.  
  
A food notice issued under  the Food Act 2014  Food Notice :  Importing Food  
 Draft  for Consultation 2  . 
Ministry for Primary Industries    Page  1 of 15 TITLE  
Food Notice :  Importing Food  
COMMENCEMEN T 
This Food Notice  comes into force on  1 March 2016.   
ISSUING AUTHORITY  
The Chief Executive having consulted in accordance with section s380 of the Food Act 2014, issues this 
Notice under sections 405(1)(a), 405(2)(a), 405(2)((d) 405(3), 406(1)(t), 406(1)(u), 291(6) of the Act.  
 
Dated at Wellington this   ... day of   ......... 201 5. 
 
 
 
 
 
 
Name: .............................................................  
 
Role:   .............................................................  
Ministry for Primary Industries  
A copy of the instrument of delegation may be inspected at the Director General’s office.  
 
 
Contact for further information  
Ministry for Primary Industries  (MPI)  
Regulation & Assurance  Branch  
Regulation & Assurance  
PO Box 2526,  
Wellington 6140  
Email:  food.assurance@mpi.govt.nz  
 
 
 
 Food Notice :  Importing Food  
 Draft  for Consultation 2  . 
Ministry for Primary Industries    Page  2 of 15 Contents  Page 
Introduction  3 
Part 1:  Preliminary provisions  5 
1.1 Application  5 
1.2 Definitions  5 
Part 2:  Registration as an importer  6 
2.1 Application for registration as a food importer  6 
2.2 Registration expiry of deemed food importer  6 
Part 3:  Requirements applying to imported food  7 
3.1 Categorisation of imported food  7 
3.2 Clearance requirements for food of High Regulatory Interest and Food of Increased 
Regulatory Interest  7 
Part 4:  Laboratories approved for testing imported food  8 
4.1 Approval of laboratories  8 
4.2 Conditions of approval  8 
Schedule 1: Food of High Regulatory Interest  9 
Schedule 2 – Food of Increased Regulatory Interest  12 
Schedule 3:  Laboratories Approved for Testing Imported Food  13 
 
 
 Food Notice :  Importing Food  
 Draft  for Consultation 2  . 
Ministry for Primary Industries    Page  3 of 15 Introduction  
This introduction is not part of the Food Notice , but is intended to indicate its general effect.  
Purpose  
The purpose of this Notice is to:  
(1) specify the form and manner of applications for registration as an  importer ; and  
(2) specify the date on which the registration of an deemed importer expires for the purposes of Section 
438(2) of the Act; and  
(3) specify which imported foods are of High Regulatory Interest and which are of Increased Regulatory 
Interest ; and  
(4) specify the requirements that must be met to obtain a clearance for entry into New Zealand under 
Section 109 of the Food Act 2014  (the Act) ; and   
(5) approve laboratories for testing of food requiring clearance under Section 109 of the Act ; and  
(6) specify conditions  that apply to Approved laboratories.  
Backgro und 
(1) To provide  visibility and control over parties importing food into New Zealand , the Act provides that 
importers of food must be registered and requires that the manner be specified by Notice.  
(2) As all import  consignments are managed through Joint Border Management Systems ( JBMS ), a pre -
requisite for an importer to be registered is that they or their agent are a register ed JBMS user.  
(3) Duties of an importer are detailed both in the Act and in Regulations .  These  duties relate to:  
a) assessing the safety and suitability of food to be imported; and  
b) keeping records to allow for traceability and verification of the foods safety and suitability; and  
c) providing information to accompany consignments of food being imported; and 
d) providing evidence to allow food to be cleared; and  
e) managing un -cleared food; and  
f) allowing verifiers and recognised persons to access business premises.  
(4) The regulations set out the following two categories of imported food that may require written 
clearance for entry into New Zealand:  
a) High Regulatory Interest Food  - imported food that presents an increased risk to human health 
based on the food’s inherent nature and hazards associated with it, the nature of its processing 
or handling, or the nature of the food safety controls in the country of origin; and  
b) Increased Regulatory Interest Food  - imported food for which there is some uncertainty or 
concern about the risk to the safety and suitability of the food.  
(5) Food that is not notified as being in one of the above categories does not require clearance under the 
Food Act.  
(6) Categorising food in this manner allows a targeted approach to monitoring imported food based on 
risk. 
(7) This Notice sets out which foods are considered High Regulatory Interest and Incre ased Regulatory 
Interest.  For each food, the requirements and mechanisms for clearance are also set out. The 
mechanisms include the supply of official certificates or manufacture declarations and sampling and 
testing of products.  Food Notice :  Importing Food  
 Draft  for Consultation 2  . 
Ministry for Primary Industries    Page  4 of 15 (8) The Regulation  sets out a  requirement that when imported food is required to be tested the testing 
must be completed by an approved laboratory. The Act requires laboratories to be approved by Notice. 
This Notice therefore approves laboratories for testing of imported food.  The ap provals are given with 
consideration to the criteria governing approvals set out in the regulations.  
Who should read this Food Notice ? 
(1) The persons who should read this Notice are : 
a) any person who wants  to import food into New Zealand; and  
b) food safety officers clearing food for import; and  
c) laboratories approved for the testing of imported food.  
Why is this important ? 
(1) Not meeting the requirements of Parts 2 and 3 of this Notice may result in:  
a) failure to obtain entry of the food into New Zealand; or  
b) re-exportation or destruction of the product at the importer’s cost; or  
c) suspension of an importer’s registration.  
(2) Failure of laboratories to comply with the conditions of approval given in Part 4.2 of this Notice may 
result in suspension or withdrawal of the approval.  
(3) Operating other than in accordance with this notice may be an offence under section 233 of the Food 
Act 2014 . 
Other information  
Food importers must also comply with requirements under the Biosecu rity Act 1993 and Customs and 
Excise Act 1996 . Food Notice :  Importing Food  
 Draft  for Consultation 2  . 
Ministry for Primary Industries    Page  5 of 15 Part 1:  Preliminary provisions  
1.1 Application  
(1) This notice applies as follows:  
a) Part 1 applies to importers of food for sale, imported food for sale, and laboratories approved to 
test imported food ; and  
b) Part 2 applies to importers of food for sale ; and  
c) Part 3 applies to imported food for sale ; and  
d) Part 4 applies to laboratories approved to undertake testing of imported food . 
1.2 Definitions  
(1) In this notice:  
the Act means the Food Act 2014  
batch or lot mean a quantity of specific food which is prepared or packed under essentially the same 
conditions usually –  
a) from a particular preparation or packing unit ; and 
b) during a particular time ordinarily not exceeding 24 hours  
critical non -compliance  means where  one or more of the personnel, equipment, work conducted, 
facilities, working environment, o r other resources (or lack of),may have had an adverse effect on the 
integrity of test results and is not in accordance with:  
a) the conditions of approval ; or  
b) the re quirements of ISO /IEC 17025  
ISO/IEC 17025  means the current edition of ISO/IEC 17025 "General requirements for the competence 
of testing and calibration laboratories"; this refers to the latest edition of that standard, together with 
any additions, amendm ents, and deletions made to or from that standard up to that time.  
official c ertificate  means a certificate issued by, or under the control of the exporting country’s 
competent authority, including by a certifying body recognized by the competent authority  to issue such 
certificates;  
Regulations  means the Food Regulations 2015   
(2) All terms used in this Notice and that are defined by or under the Food Act 2014, or regulations made 
under that Act, but not defined in this Notice, have the same meaning as in the Act or regulations 
where it is defined.  
 Food Notice :  Importing Food  
 Draft  for Consultation 2  . 
Ministry for Primary Industries    Page  6 of 15 Part 2:  Registration as an importer  
2.1 Application for registration as a food importer  
(1) A person applying  to be a registered food importer must request to be a food i mporter in JBMS.  
2.2  Registration  expiry  of deemed food importer  
(1) The registration of a person deemed to be a registered importer under section 438 expires on the 1st 
anniversary of the current listing after 1 July 2016.  Food Notice :  Importing Food  
 Draft  for Consultation 2  . 
Ministry for Primary Industries    Page  7 of 15 Part 3:  Requirements applying to imported food  
3.1 Categorisation of imported food  
(1) All food listed in Column A  of Schedule 1  of this Notice  is High Regulatory Interest Food , unless the 
food is imported from Australia.  
(2) Despite sub clause (1), the following products imported from Australia are High Regulatory Interest 
Foods:  
a) bivalve molluscan shellfish (BMS) and pro ducts containing BMS; and  
b) bovine meat and meat products containing greater than 5% of bovine meat.  
(3) All food listed in Column A of Schedule 2 of this Notice is Increased Regulatory Interest food unless 
the food is imported from Australia.  
3.2 Clearance require ments for food of High Regulatory Interest and 
Food of Increased Regulatory Interest  
(1) All High Regulatory and Increased Regulatory Interest Food must meet the clearance requirement as 
listed in column C of the relevant Schedule . 
(2) The clearance mechanism in r elation to a food from a specific country or geographic region of harvest, 
production or manufacture is listed in column E of the relevant schedule.  
(3) Specifically:  
a) the official certificate must give assurance that food safety has been effectively managed ; and 
b) sampling and testing  is in relation to the hazard specified in column B of the relevant schedule 
and must indicate that the clearance requi rement in column C is met; and   
c) the Chief Executive may direct a food safety officer to resample and allow retesting of certain 
batches or lots if satisfied that there is a critical non-compliance  within the Approved laboratory 
that has impacted the integrity of the test results for samples  from that batch or lot.  
(4) If no clearance mechanism is listed for a specific food and country or region of origin there is no 
agreed clearance mechanism for that food . Food Notice :  Importing Food  
 Draft  for Consultation 2  . 
Ministry for Primary Industries    Page  8 of 15 Part 4:  Laboratories approved for testing imported food  
4.1 Approval of laboratories  
(1) All laboratories  specified in Schedule 3 of this Notice are approved to undertake testing of imported 
food under Section 312 and for the purpose of clearance under Section 109 of the Act . 
4.2 Conditions of approval  
(1) An approved laboratory must only test samples of food where the integrity of the sample and 
packaging has been maintained through transport to the laboratory.   
(2) An approved laboratory must  only use a test method:  
a) that is covered in the scope of its ISO/IEC  17025 accreditation, and is suitable for the intended 
sample matrix; or  
b) specifically agreed to by the Chief Executive in the following circumstances:  
i) it is essential that a food is tested for an analyte for which no approved laboratory currently 
has a met hod within its scope of accreditation or agreed by the Chief Executive under this 
clause ; and 
ii) the approved  laboratory can quantify  the level of detection and uncertainty of the test 
method; and  
c) which allow s the results to be reported in the units specified  in Schedules 1 and 2 of this Notice.  
(3) An approved laboratory must notify the Chief Executive of the following events within one working day:  
a) the laboratory is notified by the accreditation body of suspension or withdrawal of accreditation; 
or 
b) the laborator y becomes aware of a critical non -compliance that relates to test results supplied 
or ongoing testing ; or 
c) the laboratory becomes aware that the results or any test methods being utilised are in doubt 
and the reason why.  
(4) An approved laboratory must notify t he Chief Executive within five working days if the laboratory 
makes changes to its premises, staff, equipment or operation that differs from that supplied when 
requesting approval, or impacts on the test results.  
(5) An approved laboratory must Include the fol lowing information when reporting results:  
a) the name and address of the laboratory, and the location where the tests were carried out, if 
different from the address of the laboratory; and  
b) the name of the person requesting the testing; and  
c) the unique referen ce for the consignment being tested; and  
d) the sample number(s) used to identify the samples by the sampler; and  
e) a description of the imported food tested; and  
f) the analyte being tested; and  
g) identification of the method used; and  
h) the test results with, where appropriate, the units of measurement; and  
i) the date of analysis; and  
j) the name(s), function(s) and signature(s) or equivalent identification of person(s) authorising the 
test report.  
(6) The report may be in electronic format as approved by the Chief Executive.  Food Notice :  Importing Food  
 Draft  for Consultation 2  . 
Ministry for Primary Industries    Page  9 of 15 Schedule 1: Food of High Regulatory Interest  
(1) All food listed in Column A of Schedule 1 is High Regulatory Interest Food unless the food is imported 
from Australia.  
(2) Despite sub clause (1), the following products imported from Aus tralia are High Regulatory Interest 
Foods:  
a) bivalve molluscan shellfish (BMS) and products containing BMS; and  
b) bovine meat and meat products containing greater than 5% of bovine meat.  
 
Column A:  
Food  Column B:  
Hazard  Column C:  
Clearance 
Requirement  Column D:  
Country or geographic 
region of harvest, 
production or 
manufacture  Column E:  
Clearance 
Mechanism  
Dairy : 
Raw milk 
products  Listeria 
monocytogenes  
 
 
Salmonella  Listeria 
monocytogenes  not 
detected in  25g  
 
Salmonella  not 
detected  in 25g Countries of the 
European Union  
Switzerland  Official 
Certificate  
Dairy:  
Fresh cheese, 
curd cheese and 
soft cheese  
(pasteurised)  Listeria 
monocytogenes  
 
 Listeria 
monocytogenes  not 
detected in  25g 
 All countries   Official 
Certificate  or 
Sample and 
Test 
Fish: 
Histamine 
susceptible fish 
and fish products  
 Histamine  Histamine not 
exceeding 200mg/kg   
 All countries   Official 
Certificate  or 
Sample and 
Test 
Fish:  
Puffer Fish  Tetrodotoxin  Tetrodotoxin not 
detected  Korea  Official 
Certificate  
Fish:  
Ready to Eat 
(RTE) smoked 
fish and smoke 
flavoured fish  
(chilled)  Clostridium 
botulinum  
 
 
 
 
Listeria 
monocytogenes  Salt content must be 
greater than 3.4% 
(aqueous phase basis)  
and Aerobic plate 
count per gram not to 
exceed 500,000 in a 
single sample  
 
Listeria 
monocytog enes  not 
detected in  25g  All countries   Official 
Certificate  or 
Sample and 
Test 
Meat:  
Bovine meat and 
products  Bovine 
Spongiform 
Encephalopathy 
(BSE) agent  Bovine meat are of 
Australian and/or New 
Zealand origin.  
 Australia   Manufacturers 
Declaration  Food Notice :  Importing Food  
 Draft  for Consultation 2  . 
Ministry for Primary Industries    Page  10 of 15 Column A:  
Food  Column B:  
Hazard  Column C:  
Clearance 
Requirement  Column D:  
Country or geographic 
region of harvest, 
production or 
manufacture  Column E:  
Clearance 
Mechanism  
containing bovine 
meat  
 Minimal risk Bovine 
Spongiform 
Encephalopathy (BSE)   Brazil  
 Canada  
 European Union  
 Japan  
 Mexico  
 Thailand (NZ 
origin Beef only)  
 United States of 
America  
 Vanuatu  Official 
Certificate  
Meat:  
Fermented meat 
products, meat 
paste and pâté  Listeria 
monocytogenes ,  
 
 
Salmonell a 
 
Coagulase 
producing  
Staphylococci  Listeria 
monocytogenes not 
detected in  25g  
 
Salmonella  not 
detected  in 25g. 
 
Coagulase producing 
Staphylococci not 
exceed 1000/g  Countries of the 
European Union  
 Official 
Certificate  or  
Sample and 
Test 
 
All countries  other 
than countries of the 
European Union  Sample and 
Test 
 
Nuts and seeds : 
Peanuts, and 
pistachio nuts 
and their 
products 
(including peanut 
butter)  Mould and 
insects   
 
 
Aflatoxins  No visible signs of 
mould or insect 
infestation  
 
Aflatoxins less than 
0.015ppm  All countries   Official 
Certificate  or 
Sample and 
Test 
Nuts and seeds : 
Tahini and 
crushed sesame 
seeds and any 
products 
containing these  Salmonella  Salmonella  not 
detected  in 25g All countries   Sample and 
Test 
Seafood:  
Bivalve 
molluscan 
shellfish  (BMS) 
and products 
containing BMS   
 
 
Listeria 
monocytogenes ,  
 
 
Norovirus  
 
 
Biotoxins,  
 E. coli/g less than 7 
cfu/g  
 
(Ready to Eat BMS 
Only)  
Listeria 
monocytogenes not 
detected in  25g  
 
(Oysters Only)  
Norovirus  not detected  
in 300g  
  Australia  
 Canada  
 Chile  
 China  
 European 
Community  
 Japan  
 Korea  
 Peru  
 Thailand  
 United States of 
America  Official 
Certificate  or 
Sample and 
Test Food Notice :  Importing Food  
 Draft  for Consultation 2  . 
Ministry for Primary Industries    Page  11 of 15 Column A:  
Food  Column B:  
Hazard  Column C:  
Clearance 
Requirement  Column D:  
Country or geographic 
region of harvest, 
production or 
manufacture  Column E:  
Clearance 
Mechanism  
The following 
Biotoxins:  
 Saxitoxin 
equivalent less 
than 80 
micrograms /100g  
 Diarrhetic  
Shellfish 
Poisoning  toxin  
less than 
0.16mg/kg  
 Amnesic Shellfish 
Poisoning toxin 
less than 20mg/kg  
 Brevetoxin -2 
equivalent less 
than 0.8mg/kg  
 AZP less than 
0.16mg/kg   Vietnam  
Seafood : 
Ready to Eat 
(RTE) 
Crustaceans – 
lobsters, crabs , 
bugs shrimps and 
prawns and their 
products  Listeria 
monocytogenes  
and  
 
 
Salmonella  Listeria 
monocytogenes not 
detected in  25g  
 
Salmonella  not 
detected  in 25g All countries   Official 
Certificate  or 
Sample and 
Test 
 
Spices :  
Pepper, Chilli and 
Paprika  Salmonella  Salmonella  not 
detected  in 25g. All countries   Official 
Certificate  or 
Sample and 
Test Food Notice :  Importing Food  
 Draft  for Consultation 2  . 
Ministry for Primary Industries    Page  12 of 15 Schedule 2 – Food of Increased Regulatory Interest  
 Column A : 
Foods  Column B:  
Hazard  Column C:  
Clearance 
Requirement  Column D:  
Country or 
geographic 
region of 
harvest, 
production 
and 
manufacture  Column C:  
Evidence 
Required for 
Clearance  Column F : 
Review  Date  
      Food Notice :  Importing Food  
 Draft  for Consultation 2  . 
Ministry for Primary Industries    Page  13 of 15 Schedule 3:  Laboratories Approved for T esting  Imported 
Food 
Laboratory  Physical address  Postal address; phone 
and fax number  Date of Expiry of 
Approval  
AsureQuality  
Auckland  131 Boundary Road  
Blockhouse Bay  
Auckland 0600  
 PO Box 41  
Shortland St  
Auckland 1140  
Ph: 09 626 8200  
Fax: 09 626 8282  28 February 2019  
AsureQuality  
Christchurch  Unit 1, 6H Sir William 
Pickering Drive  
Christchurch 8053  Private Bag 4718  
Christchurch 8140  
Ph: 03 358 1830  
Fax: 03 358 6222  28 February 2019  
Cawthron Institute  98 Halifax Street East  
Nelson 7010  
 Private Bag 2  
Nelson  
Ph: 03 548 2839  
Fax: 03 546 9464  28 February 2019  
Environmental Science 
and Research (ESR)  27 Creyke Road  
Ilam 
Christchurch 8041  
 PO Box 29 -181 
Fendalton  
Christchurch 8540  
Ph: 03 351 6019  
Fax: 03 351 0010  28 February 2019  
Eurofins New Zealand 
Laboratory Services - 
Hamilton  Ruakura Research Centre  
East Street  
Hamilton 3240  PO Box 281  
Hamilton.  
Ph: 07 838 5920  
Fax: 07 838 5160  28 February 2019  
Eurofins New Zealand  
Laboratory Services - 
Christchurch  43 Detroit Drive  
Rolleston 7675  
Christchurch 8042  
 PO Box 11127  
Sockburn  
Christchurch  
Ph: 03 343 5227  
Fax: 03 343 5226  28 February 2019  
Eurofins New Zealand 
Laboratory Services - 
Auckland  35 O'Rorke Road  
Penrose  
Aucklan d 1061  PO Box 12545  
Penrose, Auckland  
Phone: 09 579 2669  
Fax: 09 571 2285  28 February 2019  
Eurofins ELS Ltd  85 Port Road  
Seaview  
Lower Hutt 5010  
 PO Box 36 -105 
Moera, Lower Hutt  
Ph: 04 576 5016  
Fax: 04 576 5017  
Free phone:  0800 576 
5016  28 February 2019  
RJ Hill Laboratories  
Christchurch  101C Waterloo Road  
Hornby  
Christchurch 8042  PO Box 16607  
Christchurch 8042  
Ph: 03 377 7176  
Fax: 03 377 7276  28 February 2019  
RJ Hill Laboratories  
Hamilton  1 Clyde Street  
Hamilton East 3216  
 Private Bag 3205  
Hamilton 3240  
Ph: 07 858 2000  
Fax: 07 858 2001  28 February 2019  Food Notice :  Importing Food  
 Draft  for Consultation 2  . 
Ministry for Primary Industries    Page  14 of 15 Laboratory  Physical address  Postal address; phone 
and fax number  Date of Expiry of 
Approval  
MLS Envirolab  
 142 Esk Street  
Invercargill  
Southland 9810  
 PO Box 747  
Invercargill  
Ph: 03 214 5848  
Fax: 03 214 4041  
Free phone:  0800 -866-355 28 February 2019