G/SPS/N/AUS/394  
 
24 August 2016  
(16-4505) 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: Department of Agriculture and Water Resources  
3. Products covered (provide tariff item number(s) as specifi ed in national 
schedules deposited with the WTO; ICS numbers should be provided in 
addition, where applicable): All imported food  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[X] All trading partners   
[ ] Specific  regions or countries:   
5. Title of the notified document: Imported Food Reforms - Consultation regulation 
impact statement   Language(s): English   Number of pages: 105 
6. Description of content: The Australian Government is considering the implications of a 
range of proposed options for reform to the management of imported food. These 
reforms aim to better protect the health of Australian consumers by strengthening the 
ability to identify, respond to and manage food safety risks. The options are broadly 
similar to recent or planned reforms in Canada, New  Zealand and the United States.  
Information about the proposed changes and the Consultation Regulation Impact 
Statement (Consultation RIS) can be found on the Department of Agriculture and Water 
Resources website: http://www. agriculture.gov.au/imported -food-reform . The 
Consultation RIS examines issues including the estimated benefits and costs of the 
proposed reform options on food importing businesses, consumers  and the Australian 
Government.  
The reform options are consistent with the Codex Alimentarius Guidelines for Food 
Import Control Systems and address inconsistencies between Australia's imported and 
domestic food legislation. Imported f ood will continue to be required to meet the same 
food safety standards as food produ ced in Australia.  
Elements of the proposed reform options likely to be of most intere st to trading partners 
include:  
Supply chain assurance (pages 36 -40; 56 -58 of the Cons ultation RIS)  
The proposed reforms will require importers to make a declaration that they have 
records that provide supply chain assurance for 'prescribed' foods, where border 
inspection alone would be insufficient to assure the safety of the food. These f oods 
require preventative controls to be in place during their production to ensure safety as 
border testing alone is insufficient to provide this assurance. See Appendix B for an 
indicative list of prescribed foods.  
Australian importers will be able to de monstrate that the food safety hazards associated 
with higher risk foods have been subjected to preventative controls in a food safety 
management system by providing a:  G/SPS/N/AUS/394  
 
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   recognised government certificate (page 37) or ; 
 recognised non -government certificate, such as certification of a HACCP based  food 
safety management scheme.  
Broader emergency powers (pages 22 and 58 -59) 
The proposed reforms will extend the use of holding orders to restrict the importation of 
food if there are reasonable grounds to believe th e food needs to be restricted to pr otect 
public health and safety.  
Recognise a foreign country's food safety regulatory system (pages 45 -47; 60)  
The authority to recognise foreign country equivalence, exempting all imports from 
border intervention except w here there is evidence of non -compliance or a food safety 
risk. 
Traceability (pages 47 -53; 60)  
It is proposed that for each consignment of food imported, importers in Australia will 
need to have accessible records that show who they bought i t from and who they sold it 
to. 
Australia welcomes feedback from trading partners, including answers to specific 
questions posed in Chapter 6: Trade Implications (pages 56 -62). All page numbers refer 
to the Consultation RIS.  
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 Commis sion (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:  
10. Proposed date of adoption (dd/mm/yy) : To be decided.  
Proposed date of publication (dd/mm/yy) : To be decided.  
11. Proposed date of entry into force: [ ]  Six months from date of publication , 
and/or  (dd/mm/yy) : To be decided.  
[X] Trade facilitating measure  The proposed reforms will allow for the authority to 
recognise foreign country equivalence, exem pting all imports from border 
intervention except where there is evidence of non -compliance or a food safety 
risk. G/SPS/N/AUS/394  
 
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  12. Final date for comments: [X]  Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : 23 October 2016  
Agency or au thority 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 Notification Point  
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 body:   
Texts are available at the follo wing web address or, alternatively, from the Australian 
SPS Notification Point:  
http://www.agriculture.gov.au/biosecurity/risk -analysis/memos  
The Australian SPS Notification Point  
GPO Box 858  
Canberra  ACT  2601  
Australia  
Fax: +(61 2) 6272 3678  
E-mail: sps.contact@agriculture.gov.au