G/SPS/N/AUS/467  
 
7 February 2019  
(19-0708) 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: Australian Government Department of Agriculture and Water 
Resources  
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): All imported foods  
4. Regions or countries likely to be affected, to th e extent relevant or practicable : 
[X] All trading partners  
[ ] Specific regions or countries:  
5. Title of the notified document: Remaking of the Imported Food Control Order; 
Exposure Draft of the Imported Food Control Order 2019; Exposure Draft of the Imported 
Food Control Order 2019 Explanatory Notes . Language(s): English.  Number of pages: 
2, 9, 2  
6. Description of content: The Department of Agriculture and Water Resources (the 
department) is remaking the Imported Food Control Order (the Order).  
Food imported to Australia for commercial purposes is regulated by law. These laws 
include:  
 Imported Food Control Act 1992  
(http://www.agriculture.gov.au/import/goods/food/reform ) 
 Imported Food Control Regulations 1993  
(http://www.agriculture.gov.au/import/goods/food/imported -food-control -
regulations ) 
 Imported Food Control Order 2001  
(http://www.agriculture.gov.au/import/goods/food/review -imported -food-control -
order ) 
The Imported Food Control Order 2001 will 'sunset' on 1 October 2019. This means it will 
be automatically repealed and cease to be law. To remain law, the department will now 
remake the Order.  
The department has reviewed the Order and determined it is still required to:  
 support the operation of the Imported Food Inspection Scheme  (the Scheme) ; 
 enable the Scheme to verify risk foods imported into Australia;  
 comply with the Australia N ew Zealand Food Standards Code.  
Purpose of the Order  
The current Imported Food Order supports the operation of the Scheme. It:  
 enables the Minister fo r Agriculture and Water Resources to identify and classify 
imported food as risk fo od or compliance agreement food;  G/SPS/N/AUS/467  
 
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   enables the Minister for Agriculture and Water Resources to identify risk food that 
must be covered by a recognised foreign government certificate;  
 supports our obligations under the Trans -Tasman Mutual Recognition Arrangement 
(TTMRA).  
Identify and classify foods  
Classification of foods as risk foods or compliance agreement food:  
 allows us to set arrangements for the inspection or inspect ion and analysis of impor ted 
foods subject to the Scheme;  
 supports importers who enter into a voluntary Food Import Compliance Agreement 
(FICA) ( http://agriculture.gov.au/import/goods/food/inspection -compliance/food -
import -compliance -agreements -fica). Foods subject to a FICA are exempt  from 
inspection and analysis.  
Mandatory foreign government certification  
The Order identifies risk foods  products that must be covered by a recognised foreign 
government certificate. This is a government -to-government certification arrangement 
with the national competent authority of the country exporting food to Australia providing 
assurance that the food h as been produced safely.  
Obligations under the TTMRA  
Under the Order, we can identify New Zealand products that require or do not require 
inspection or inspectio n and analysis under the Scheme.  
 Schedule 1: Most risk foods identified are exempt from the Scheme when imported 
from New Zealand . 
 Schedule 2: Identifies foods from New Zealand that require inspection or inspection 
and analysis.  
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.  
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) :  
 CAC/GL 20 -1995 Principles for Food Import and Export Inspection and 
Certification  
 CAC/GL 47 -2003 Guidelines for Food Import Control Systems  
[ ] World Organization for Animal Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chapter 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: 
For further information on the Order changes please visit:  
http://www.agriculture.gov.au/import/goods/food/review -imported -food-control -order  
or contact the Australian SPS Notification Point at sps.contact@agriculture.gov.au . 
Please note another SPS notification on the Imported Food Control Regulations was 
provided in January 2019 (G/SPS/N/AUS/466).  
10. Proposed date of adoption (dd/mm/yy) : To be determined.  
Proposed date of publication (dd/mm/yy) : To be determined.  G/SPS/N/AUS/467  
 
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  11. Proposed date of entry into force: [  ] Six months from date of publication , 
and/or  (dd/mm/yy) : Before October 2019.  
[X] Trade facilitating measure : The remake of the Order will continue to facilitate 
trade.  
12. Final date for comments: [  ] Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : Consultation will be for a period of 45 days to meet 
Australian legislative timeframes. Final comments to be received by 17  March 2019.  
Agency or authority designated to handle comments: [X]  National Notification 
Authority, [X]  National Enquiry Point. Address, fax number and e -mail address 
(if available) of other body:  
The Australian SPS Notification Authority  
GPO Box 858  
Canberra ACT 2601  
Australia  
Fax: +(61 2) 6272 3678  
E-mail: sps.contact@agriculture.gov.au  
13. Text(s) available from: [X]  National Notification Authority, [X]  National Enquiry 
Point. Address, fax number and e -mail address (if available) of other b ody:  
For further information on the Order changes please visit:  
http://www.agriculture.gov.au/import/goods/food/review -imported -food-control -order  
or contact the Australian SPS Notification Point at sps.contact@agriculture.gov.au.  
 
The Australian SPS Notification Authority  
GPO Box 858  
Canberra ACT 2601  
Australia  
Fax: + (61 2) 6272 3678  
E-mail: sps.contact@agriculture.gov.au