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Imported food r equirement: Bivalve molluscan s hellfish 
(BMS) 
Updates  
 
1.0 Scope  
1.1 The purpose of this Imported Food Requirement is to provide administrative guidance to a 
Food Act Officer as to the matters they may take into consideration when determining whether they have been satisfied by a person who imports food into New Zealand that the food complies in all respects with-  
 (a) All relevant provisions of the Food Act 1981; and  
 (b) All relev ant provisions of any regulations made pursuant to the Food Act 1981; and 
 (c)  All applicable food standards.  
Nothing in this Imported Food Requirement limits the powers of a Food Act Officer appointed under the Food Act 1981.  
1.2 Legislative basis:   
Food (Prescribed Foods) Standard 2007  Date  Information  
July 2012  Addition of Norovirus testing requirement for Oysters  
Change in sampling procedures  
Change MAF to MPI (Ministry for Primary Industries)  
January 2012  Updated t ariff codes and IFR structure.  
Change NZFSA to MAF (Food Safety) and MAF.  
Clarification around Importer clearance options  
February 2011  Pre-clearance arrangements fully implemented. Interim requirements 
for China and USA.  
February 2010  Changes to import  conditions and transition end- date. Pre- clearance 
arrangements finalised with Chile, Japan, Korea, Peru, Thailand and 
Vietnam.   
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Products covered under the scope of these requirements are Prescribed Foods for the purpose of import into New Zealand (Sect ion 11P, Food Act 1981).  
No person may import these products into New Zealand unless that person has satisfied an officer 
that the food complies . 
1.3 This Imported Food Requirement sets out clearance options and procedures for importers of 
prescribed foods  that an importer may follow when aiming to satisfy a FAO that the food complies 
with the Food Act 1981.  
1.4 These clearance options and procedures apply in addition to, and after, a prescribed food has 
gained clearance from Ministry for Primary Industries  (MPI ) Biosecurity New Zealand.  Importers 
should check the M PI Biosecurity Import Health Standards requirements at:  
Import health standards search  
1.5 Products include: Marine and freshwater biva lve molluscan shellfish (BMS) , including:  
• Raw BMS  
• Cooked BMS  
• Ready -to-eat (RTE) BMS  
• Canned BMS  
• Dried BMS  
• Products containing any of the above  at any compositional level . 
1.6 Products exclude:  
Molluscs that are not bivalves are excluded from this requirement as they do not present the same hazards as BMS.  For example: paua, abalone, octopus, squid, sea cucumbers, sea slugs and snails are excluded –  regardless of packaging.  
Roe- off scallops i.e. traded as adductor muscle only (eviscerated and with the roe removed) are 
also excluded from this requirement.  This recognises that viruses, biotoxins and metal contaminants are concentrated in the gut and roe of scallops during feeding and removal of these 
parts ensures the product is free from these hazards.   
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1.7 Food safety hazard: metal contaminants, biotoxins, pathogenic bacteria and pathogenic 
viruses.  
Limits for E Coli, Listeria, Norovirus  and marine biotoxins can be found under 4.3.4 Clearance 
Criteria  
1.8 Import permitted with conditions from: Imports of BMS  from the following countries may be 
cleared on the basis of agreed assurances (pre- clearance arrangement):  
Australia, Canada, Chile, China, European Community, Japan, Korea, Peru, Thailand, United States of America, Vietnam.  
1.9 All other countries are able to apply for a pre- clearance arrangement.  Information on how a 
competent authority can apply can be found in Section 5 of this document.  
 
2.0 Targeting of Product  
Prescribed foods are targeted at the border using the New Zealand Customs tariff code sys tem. 
A tariff code is a number used for Customs purposes to classify goods.  An import agent or 
customs broker may be able to assist with interpretation of the tariff code.   
Products targeted by MPI and the applicable tariff codes can be found at:  
Tariff codes for prescribed foods  
Inadvertent captures  
As the tariff classification system is not designed specifically around the imported food regime, 
some food products may be inadvertently captured by the targeted tariff codes listed.  If this is the 
case, products will be cleared without charge.  
  
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3.0 Importer Clearance Options  
3.1 The clearance options and procedures in this Imported Food Requirement apply to bival ve 
molluscan shellfish  and are in addition to clearance requirements detailed in the Import 
Clearance Procedure.   
Import Clearance Procedure .  
3.2 Importers must al so meet the requirements of the Food (Importer Listing) Standard 2008 and 
the Food (Importer General Requirements) Standard 2008.  Importers should also read and understand the Food Importer Standards Guidance before sourcing products to import.  
Food Importer Standards  
3.3 For BMS products, importers have a responsibility under the Food (Importer General 
Requirements) Standard 2008 to ensure imports are of minimal risk  of metal contaminants, 
biotoxins, pathogenic bacteria and pathogenic viruses that can be accumulated by BMS as a result 
of poor growing environment, management and harvesting conditions.   
3.4 Importers are advised they should import BMS that originates f rom countries listed under 
clearance  Option 1 and Option 2.   For the purposes of this document, origin includes where the 
BMS is grown, harvested, processed, manufactured and exported from.  
  
Option 1 - Acceptance of recognised certification  
Consignments f rom recognised countries may only be cleared in accordance with any conditions 
published.  The pre- clearance arrangements confirm that BMS are produced under a programme 
that manages the hazards associated with BMS and meets New Zealand’s requirements for BMS.  All conditions of the pre- clearance arrangement must be met before a product may be cleared for 
entry.  
MPI has pre- clearance arrangements with the countries listed below, which permit import of BMS 
into New Zealand:  
Australia – Arrangement covers all  BMS products originating and exported from Australia, and 
BMS imported into Australia for processing from third countries eligible to export that BMS to New 
Zealand.  Requirements to be met: Agreed certification issued by the Australian Quarantine and 
Inspection Service (AQIS) is required for each consignment of BMS attesting that the product(s)  
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listed are from AQIS registered premises.  All types of BMS within a single consignment can be listed on one certificate.  
Canada – Arrangement applies to the trade between Canada and New Zealand in fish and fishery 
products (including BMS).  It does not cover the export of BMS imported into Canada from third 
countries.  Fishery product means any product intended for human consumption derived in whole 
or in part from  fish, including fish that have been processed in any manner, that when reduced to a 
dehydrated state, contains by weight 5% or more of fish.  Requirements to be met: Agreed 
certification issued by the Canadian Food Inspection Agency (CFIA) must accompany each 
consignment of BMS.  
Chile - Products must be origin of Chile and derived from establishments listed to the European 
Union.  Products must meet the hygiene and sanitary requirements for export to the European 
Union.  Requirements to be met: Agreed cert ification issued by the Fisheries Health Department, 
National Fisheries Service, Government of Chile must accompany each consignment.  
European Community  (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, 
Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, 
Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, The Netherlands, United Kingdom) – Agreement covers all types of BMS under this requirement originating and exported from the EC,  
and BMS imported into the EC from third countries eligible to export BMS to New Zealand.  
Requirements to be met: Agreed certification issued by competent authorities of EC member 
states must accompany all imported consignments.  
Japan  - Products must be origin of Japan and be derived from establishments listed to the 
European Union.  Products must meet the hygiene and sanitary requirements for export to the 
European Union.  Requirements to be met: Agreed certification issued by the Fisheries Agency, 
Minist ry of Agriculture, Forestry and Fisheries, Government of Japan must accompany each 
consignment.  
Korea - Products must be origin of Korea and derived from establishments listed to the European 
Union or United States of America.  Products must meet the hygiene and sanitary requirements for export to the EU or USA.  Requirements to be met: Agreed certification issued by the Fishing 
Leisure and Inland Fisheries Division, Ministry of Food Agriculture, Forestry and Fisheries 
(MiFAFF), Government of the Republic of Korea must accompany each consignment. . 
Peru  - Products must be origin of Peru and derived from establishments listed to the European 
Union.  Products must meet the hygiene and sanitary requirements for export to the European  
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Union.  Requirements to be m et: Agreed certification issued by National Fishery Health Services 
(SANIPES), Fisheries Technological Institute of Peru, Government of Peru must accompany each 
consignment.  
Thailand  - Products must be origin of Thailand and derived from establishments lis ted to the 
European Union.  Products must meet the hygiene and sanitary requirements for export to the 
European Union.  Requirements to be met: Agreed certification issued by Fish Inspection and 
Quality Control Division, Department of Fisheries, Government  of Thailand must accompany each 
consignment.  
Vietnam  - Products must be origin of Vietnam and derived from establishments listed to the 
European Union.  Products must meet the hygiene and sanitary requirements for export to the 
European Union.  Requiremen ts to be met: Agreed certification issued by the National Agro-
Forestry -Fisheries Quality Assurance Department, Ministry of Agriculture and Rural Development 
of Vietnam, Government of Vietnam must accompany each consignment.  
Option 2 - Clearance sampling and testing on arrival in New Zealand  
China: The pre- clearance agreement between China and New Zealand regarding China’s BMS 
management systems has not yet been concluded. Sampling and testing will continue in 
accordance with our interim clearance sampling and testing requirements until a pre- clearance 
arrangement and agreed certification has been finalised .  
Requirements to be met:  Sampling and testing will continue until a pre- clearance arrangement and 
agreed certification has been finalised or import conditions are further reviewed.  
United States of America : MPI have  recognised in principal the consumer safeguards provided by 
the United States regime to manage the human health risks of BMS as equivalent to those provided by New Zealand’s BMS Programme, exc ept with respect to Vibrio vulnificus .  However, 
formal recognition and implementation of this arrangement has not been finalised.   
Requirements to be met:  Documentary evidence that the consignment is of US origin must 
accompany each consignment. Consignm ents of raw oysters must be accompanied by 
documentation confirming that the product is not from the Gulf States of the United States (states 
of the Gulf Coast are Texas, Louisiana, Mississippi, Alabama and Florida). Sampling and testing 
will continue  in accordance with our interim clearance sampling and testing requirements  until a 
pre-clearance arrangement and agreed certification has been finalised.   
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Interim clearance sampling and testing: Consignments must be held and not released for sale 
until test res ults have been obtained.  
1. All BMS  except canned/ retorted products and roe- on scallops  (raw, cooked, and dried) 
will be sampled and tested for Escherichia coli  and marine biotoxins.  
2. All canned/retorted BMS and roe- on scallops will be sampled and tested for  marine 
biotoxins only.  
3. Ready -to-eat BMS will be tested for Listeria monocytogenes . 
4. All oysters except canned/retorted oysters will be tested for Norovirus  (raw, cooked, 
dried and RTE)  unless accompanied by a manufacturer’s declaration that they have 
been  heat treated to 90°  degrees Celsius  for 90 minutes or equivalent.  
Procedures specific for BMS sampling and testing are outlined in Section 4 of this Imported Food 
Requirement.  
3.5 Imports of BMS from countries where no pre-clearance agreement 
is in place (not listed under options 1 or 2) or where a consignment is 
imported without the required certification 
Occasionally during the clearance process MPI  identifies imports of BMS from countries not listed 
under Option 1 and Option 2 above or consignments from Recognised Countries arrive without the 
agreed certification.     
BMS imported from non listed countries  are an increased risk for non compliance due to a lack of 
understanding of New Zealand's public health and food safety requirements.  
For consignments imported without certification or consignments imported from countries not listed 
under option 1 or 2 MPI will take the following action:  
1) Confirm the importer meets the requirements of the Food (Importer Listing) Standard 
2008 and Food (Importer General  Requirements) Standard 2008.  
2) Confirm the importer is aware of, and understands, clearance expectations as outlined under this Imported Food Requirement (IFR).
 
3) MPI will communicate with the importer on options and likely costs   
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4) MPI will advise the importer to make contact with the exporting market competent 
authority about making an application for recognition of a pre clearance arrangement  if 
appropriate.  
5) Where clearance into New Zealand is a requested option by the importer, MPI  
may develop a s ampling and testing programme on a case by case basis to enable the 
Food Act Officer to be satisfied, as required under 11p of the Food Act 1981, that the 
product meets the requirements of that act and regulations and standards made under it .   
Imports of BMS under this provision will be sampled and tested against  all clearance 
criteria  specified in this IFR  to confirm New Zealand's public health outcomes have been met.    It is 
important to note that  clearance sampling and testing as specified in section 4. 3 of this Imported 
Food Requirement will not apply.  Each consignment will be assigned a unique sampling and 
testing protocol for each lot in the consignment.   The number of samples  required to confirm safety 
and suitability is likely to be significantly m ore than N=5 specified in section 4.3 in order to have 
sufficient confidence in test results.   Importers may need to consider the commercial costs involved 
in satisfying the Food Act Officer before proceeding with this option.  
4.0 Clearance Procedures  
4.1 Documentation checks  
All consignments accompanied by MPI  recognised assurances / certification from the relevant 
competent authority are subject to 100% documentation checks unless otherwise stated in the 
arrangement with the exporting country.  The certif ication will be specified under each pre-
clearance arrangement.   
Australia  
• Specific requirements: Health certification issued by the Australian Quarantine and Inspection 
Service (AQIS) attesting that the product(s) listed are from AQIS registered premises . 
Certification is required for each consignment of BMS. All types of BMS within a single 
consignment can be listed on one certificate.  
Canada  
• Specific requirements: Agreed certification issued by the Canadian Food Inspection Agency 
(CFIA) must accompany each consignment of BMS.  
Chile   
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• Specific requirements: Agreed certification issued by the Fisheries Health Department, National 
Fisheries Service (SERNAPESCA), Government of Chile must accompany each consignment.  
 
 
European Community / European Union  
• Specifi c requirements: Agreed certification issued by competent authorities of EC member 
states must accompany all imported consignments.  
Japan  
Specific requirements: Agreed certification issued by the Fisheries Agency, Ministry of Agriculture, 
Forestry and Fisheries (MAFF), Government of Japan must accompany each consignment . 
Korea  
• Specific requirements: Agreed certification issued by the Fishing Leisure and Inland Fisheries 
Division, Ministry of Food Agriculture, Forestry and Fisheries (MiFAFF), Government of th e 
Republic of Korea must accompany each consignment.  
Peru  
• Specific requirements: Agreed certification issued by National Fishery Health Services 
(SANIPES), Fisheries Technological Institute of Peru, Government of Peru must accompany 
each consignment.  
Thail and 
• Specific requirements: Agreed certification issued by Fish Inspection and Quality Control 
Division, Department of Fisheries, Government of Thailand must accompany each 
consignment.  
United States of America  
• Specific requirements: Documentary evidence that the consignment is of US origin.  
Vietnam  
• Specific requirements: Agreed certification issued by the National Agro- Forestry -Fisheries 
Quality Assurance Department, Ministry of Agriculture and Rural Development of Vietnam 
(NAFIQAD), Government of Vietnam m ust accompany each consignment.   
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4.2 Physical inspection  
Pre-clearance arrangements:  A minimum of 1% of imports with recognised assurances / 
certification will be verified against the accompanying documentation. Verification may include 
physical inspection and sampling and testing of the consignment.  MPI  reserves the right to review 
the testing rate.  
4.3 Sampling and testing requirements  
4.3.1 Pre-clearance arrangements:   
Imports subject to pre- clearance arrangements and accompanied by approved certification may be 
sampled for the purposes of verification.   
Consignments will be verified against the accompanying documentation.  
• Consignments of BMS arriving from Chile, Japan, Korea, Peru, Thailand and Vietnam with 
agreed certification will be verified at a rat e of 5% (1 in 20) or tested at least once annually.  
These rates will be performance based and will be reviewed annually. The first import from a 
new supplier will be sampled and tested.  
• Consignments of BMS arriving from the European Union, Australia and C anada with agreed 
certification will be verified at a rate of 1% (1 in 100).  
Certification may be verified by physical inspection, including identity check and sampling and testing of the consignment.  
Sampling and testing costs will be paid for by the importer. Products with Recognised Assurances 
selected for Verification sampling and testing may be released for sale prior to obtaining results but 
at the importers commercial risk.   
Verification Sampling and Testing will conform to the procedure in 4.3.3  
4.3.2 Interim clearance requirements:  
Sampling and testing requirements specified in 4.3.3 apply to consignments from China and the 
United States of America until pre- clearance arrangements and agreed certification have been 
finalised.  
4.3.3 Sampl ing and Tes ting:  
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Sampling and Testing will be carried out  in accordance with MPI Food safety sampling and testing 
protocol for imported prescribed foods  
MPI Food Safety sampling and t esting protocol  (150KB PDF)  
The following requirements apply to all BMS  
• Consignments must be held and not released for sale until test results have been obtained.  
1. All BMS  except canned/ retorted products and roe- on scallops  (raw, cooked, and dried) 
will b e sampled and tested for Escherichia coli  and marine biotoxins.  
2. All canned/retorted BMS and roe- on scallops will be sampled and tested for marine 
biotoxins only.  
3. Ready -to-eat BMS will be tested for Listeria monocytogenes . 
• A ‘lot’ is the same product from  the same supplier harvested on the same day  from the same 
growing or harvesting area.  
• For microbiological analysis  5 aseptic samples are required to be collected from each lot 
sampled. Each aseptic sample is required  to contain a minimum of 300g of flesh.  As a general 
guideline, each sample unit should be made up of at least 12 BMS but where BMS are of a 
smaller species, a greater number may be required to make up the 3 00g sample.  
• A maximum of 5 samples (of approximately equal weight) per lot may be compos ited by the 
laboratory for Listeria testing.  
• Samples for E.coli  testing may not be composited.  
• One 100gm sample of flesh  is required  per lot, to be tested for marine biotoxins .  
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Supplementary Requirements for oysters and oyster products  
Important Notice  
In addition to the sampling and testing specified above for all BMS, oysters will be tested as 
follows:  
• Oysters not arriving under recognised certification will be subject to Norovirus  testing starting at 
the Tightened testing rate under the Switching Rule f rom the commencement of these changes  
• Oysters arriving under recognised certification will be subject to Norovirus  testing at the time of 
their next scheduled verification.  
 
These requirements apply to all oysters (raw, cooked, dried and RTE)  except canned/retorted 
oysters accompanied by a manufacturer’s declaration that they have been heat treated to 90° 
degrees Celsius for 90 minutes or equivalent.  
Consignments of oysters and oyster products being sampled and tested for clearance or 
verification shall be tested for Norovirus  
• Five 300gm samples  of flesh i s required,  per lot , to be tested for N orovirus  
• Samples for Norovirus may be composited by the Laboratory  
 
4.3.4 Clearance criteria:  
Consignments will be monitored for Escherichia coli , Listeria monocytogen es, Norovirus  and 
marine biotoxins according to the criteria and methodology set out in the table below.  This is 
subject to review should new information become available.  
Hazard  Product  Methodology to 
be applied by 
Laboratory1 Reject criteria  Justificati on 
for inclusion  
Escherichia coli  All product except retorted  Enumeration of 
Escherichia coli  
in BMS MPI 
method REJECT lots that have 
excessive levels of E. 
coli/g (n=5, c=1, m=2.3, 
M=7)*  Hygiene 
indicator  
 
NZ Standard   
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Hazard  Product  Methodology to 
be applied by 
Laboratory1 Reject criteria  Justificati on 
for inclusion  
Listeria monocytogenes  Cooked RTE or RTE BMS 
product (see definition of 
RTE below)  Test methods 
identified in the 
MPI Laboratory 
Approval 
Scheme (LAS)  REJECT lots unless 
they have zero levels of 
L. monocytogenes /25g 
(n=5, c=0, m=0)*  Hazard in RTE 
cooked product  
Norovirus  All Oysters  
unless  heat 
treated to 90C 
for 90 minutes  ESR real -time 
RT-qPCR assay 
for detection of 
norovirus in 
shellfish  REJECT lots unless 
they have zero levels of 
Norovirus (n=5, c=0, 
m=0)*  Hazard from 
growing waters  
Marine Biotoxins 
(see below)  All product  NOTE: Bioto xin 
samples may not 
be composited  REJECT lots where the 
following is found  (see below for each toxin)  
Paralytic 
Shellfish 
Poisoning (PSP)  All product  AOAC mouse 
bioassay OR  
 HPLC -UV 
method (PSP), when the toxin concentration equals or 
exceeds 80 microgram s  
saxitoxin equivalent per 
100g in the edible 
portion of raw BMS  Hazard from environment  
 NZ Standard  
Diarrhet ic 
Shellfish 
Poisoning (DSP)  All product  LC-MS method  (DSP), when the toxin 
concentration equals or 
exceeds 0.16mg/kg of 
edible portion of raw 
BMS Hazard from 
environment  
 
NZ Standard  
Neurotoxic Shellfish 
Poisoning (NSP)  All product but 
from East 
Coast USA 
ONLY  
 
The hazard is 
only known to 
occur in the 
Gulf of Mexico, 
Florida and 
North 
Carolina, so 
product from 
other countries 
does not need 
to be  
subjected to confirmatory 
testing  Recommended Procedures for 
the Extraction of 
Sea Water and 
Shellfish.  4th 
edition APHA, 
1970 OR  
 LC-MS method  
 
NB:  Only LC -MS 
method must be used for smoked 
product  LC-MS 0.8mg 
brevetoxin- 2 equivalent 
/kg  Hazard from environment  
 
NZ Standard  
 
  
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Hazard  Product  Methodology to 
be applied by 
Laboratory1 Reject criteria  Justificati on 
for inclusion  
Amnesic Shellfish 
Poisoning (ASP)  All product  LC-MS method 
OR 
 
HPLC method  For domoic acid (ASP), when the toxin 
concentration equals or 
exceeds 20 ppm (i.e. 20 mg/kg) in the edible 
portion of raw BMS  NZ Standard  
Azaspi racid 
(AZP) All product  
 LC-MS method  AZP, when the toxin 
concentration equals or 
exceeds 0.16mg/kg of 
edible portion of BMS  Hazard from 
environment  
 
NZ Standard  
 
1Laboratories and methods must be listed by MPI  
List of laboratories for testing of imported foods  (29 KB PDF) 
* where n= the minimum number sample units which must be examined from a lot of food,  
c = the maximum allowable number of sample units  greater  than m but not exceeding M ,  
m = the acceptable microbiological level in a sample unit and  
M = the level which when exceeded in 1 or more samples would cause the lot to be rejected.  
 
4.3.5  Definition of Ready to Eat (RTE) for sampling and testing:   
RTE product includes:  
• smoked BMS; and  
• heat-shocked mussels; and  
• cooked, then chilled, BMS; and  
• processed BMS products (e.g.: seafood salad pieces); and  
• vacuum -packaged cooked BMS.  
The following products are not classified as RTE product:   
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• uncooked BMS; and  
• canned/ retorted BMS accompanied by a manufacturer’s declaration that they have been heat 
treated to 90° degrees Celsius for 90 minutes or equivalent ; and  
• dried shelf stable BMS products with a water activity (aw) of less than 0.9 (if requested 
importers must provide documented evidence of water activity aw); and 
• BMS products that have a pH of less than 4.6, e.g. some marinated BMS may fall into this 
category (if requested importers must provide documented evidence that pH is below 4.6).  
 
4.3.6  Reject criteria:  
FAO may REJECT lots that exceed the reject criteria.  
FAO may reject any untested lots in the consignment.  
Procedures for rejected lots and untested lots are described in MPI Food Safety sampling and 
testing protocol.  
FAO will immediately notify MPI if any lots tested exceed the reject criteria.  
Verification under  Pre-clearance arrangements:  
FAO will immediately notify MPI if any lots tested exceed the reject criteria.  
FAO will manage the non- conformance under the coordination of MPI.  
4.4 Management of non-compliant consignments  
When clearance cannot be given because of non- compliance with import requirements, all 
determinations on disposition of non- complying consignments should be made in full consultation 
with MPI (or a representative nominated by MPI ).  This will facilitate appropriate corrective action 
and communication with relevant entities.   
Any n on-compliance reported against 4.3.3 and 4.3.4 will reset switching rules back to Tightened.   
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4.5 Contact details for border clearance agency  
Food Safety at the border is carried out by MPI Verification Services. The first stop for importers 
seeking more information is:  
Central Clearing House  
MPI Verification Services  
Level 1, 96 New North Road, Eden Terrace, Auckland  
PO Box 3540, Eden Terrace, Auckland 
Email:   imported.food@ mpi.govt.nz  
Fax:  09 909 6208  
Phone: 09 909 6210 or 09 909 6211  
 
To get email notifications of changes and updates to MPI (Food Safety)’s  website, including import 
requirements , use the link  below:  
Get email updates  
 
5.0 Information for Exporting Countries  
BMS are a permitted import into New Zealand where the product originates from countries where 
MPI has negotiated a pre- clearance arrangement with the country’s competent authority.  
Imported BMS is expected to meet the same end product criteria as per New Zealand Standard 
requirements in the Animal Products (Specifications for Bivalve Molluscan Shellfish) Notice 2006.  
Animal Products (Specifications for Bivalve Molluscan Shellfish) Notice 2006  (330 KB PDF)  
5.1 Review of import standard and requirements for BMS  
The New Zealand Food (Prescribed Foods) Standard 2002 and import requirements for BMS were 
reviewed in 2006, the first review carried out since prescribed foods were introduced into legislation in 1996.  The 2006 review changed the Standard to ensure that all hazards were  addressed. It was 
recommended that import requirements for BMS place emphasis on assessing exporting country BMS programmes to determine whether they comply with or are equivalent to New Zealand’s BMS  
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programme, rather than relying solely on import testin g at the border, which was the focus prior to 
this review.   
Hazards  
Imported bivalve molluscan shellfish (BMS) such as clams, scallops, mussels and oysters have 
been monitored as a high risk food for a number of decades. There are potential hazards involv ed 
in the consumption of BMS, whether they are raw or cooked.  
BMS are filter feeders, filtering up to some 30 litres per hour as they feed on the surrounding water. This means if toxic substances and pathogenic microorganisms are present in the growing area of the BMS, these hazards may accumulate in the shellfish and constitute a potential danger to human health when consumed. Examples of potential hazards that may be present include 
bacteria, viruses ; chemical pollutants and marine biotoxins (naturally pr oduced toxic chemicals 
produced by microscopic marine algae (phytoplankton)).  
Management of Hazards  
It is agreed internationally that best practice for ensuring the safety of shellfish is by introduction of 
a programme that assesses and manages the food sa fety risks associated with growing, 
harvesting, transporting, processing and labelling of bivalve molluscs.  
Such a programme would include classification of shellfish growing areas based on catchment 
surveys and the evaluation of pollution sources accompan ied by routine monitoring of the shellfish 
and growing water for marine biotoxins, toxic substances and microorganisms. New Zealand’s 
regulatory programme is based on such a system.  
To ensure the safety of BMS imported into New Zealand, countries exporting to New Zealand must 
produce product of an equivalent food safety standard to that of New Zealand’s regulatory 
programme.  
Background information is available:  
Consultation information          
WTO notification  (28 KB PDF)   
Imported Food Requirements    
Bivalve Molluscan Shellfish   
  
 
 
 Page 18 of 19  
5.2 Process to apply for pre -clearance  
Pre-clearance arrangements confirm that BMS is derived from a regulat ed environment in the 
exporting country which manages hazards and meets New Zealand’s requirements.  Arrangements 
with exporting countries may vary according to the scope of the application and are specific to the 
recognised programme in operation in the exporting country.   
The competent authority of an exporting country can apply to MPI  for determination of a pre-
clearance arrangement or for an equivalency assessment and determination of pre- clearance 
arrangement. Equivalency arrangements may or may not c onsider the country’s import control 
system.  
The application should be sent to:  
Manager of the Competent Authority  
Ministry for Primary Industries  
PO Box 2526  
Wellington 6140  
New Zealand 
Email: import.syst ems@mpi.govt.nz   
 
Applications should be made in English in order to facilitate prompt assessment.  Submissions in 
other languages can be accepted, however, delays in assessment may be experienced with third party translation services.  
The application mus t be submitted as one of the three types of arrangement considered by MPI: 
1. Overseas country / commercial entity applies measures equivalent to New Zealand 
Standards  
2. Overseas country / commercial entity comply with a food control system that MPI  has 
determi ned as equivalent to New Zealand Standards.  
3. Overseas country / commercial entity meets New Zealand Standards.  
MPI will require that the competent authority of the exporting country provides assurances, through 
certification, as to the compliance or equival ence with New Zealand food safety requirements.  MPI  
may undertake audits to review the arrangements.  However, confidence could also be based on assessment of these systems by other competent authorities.   
Imported Food Requirements    
Bivalve Molluscan Shellfish   
  
 
 
 Page 19 of 19  
Note: Importers are encouraged to request their s upplier to contact the competent authority in the 
exporting country to apply to MPI  for assessment for a pre- clearance arrangement.  
5.3 Contact point for SPS  
One of the principal innovations of the World Trade Organisation Sanitary and Phytosanitary (WTO 
SPS) agreement (the agreement on the application of sanitary and phytosanitary measures) is a 
requirement for prior notification of SPS measures.  Each WTO member is required to designate a 
single central government authority as responsible for implementing, on a national level, the 
notification requirements of the SPS agreement.  In addition, each Member is required to establish 
an Enquiry Point, which is responsible for the provision of answers to all reasonable questions as 
well as the provision of relevant documents.  
The email for the SPS Contact Point for New Zealand is:  
NewZealand.SPS@ mpi.govt.nz