G/SPS/N/AUS/416  
 
21 March 2017  
(17-1561) 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 ite m number(s) as specified 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 p artners   
[ ] Specific regions or countries:   
5. Title of the notified document: Imported Food Control Amendment Bill 20XX and 
Imported Food Control Amendment Regulations 20XX . Language(s): English . Number 
of pages: 73 
6. Description of content: The Aus tralian Government is developing amendments to 
improve the Imported Food Control Act 1992 (the Act) and its subordinate legislation. 
The amendments contained in the notified documents are designed to better protect the 
health of Australian consumers throug h enabling the Australian Government to 
strengthen the management of imported food safety risks, while meeting our 
international trading obligations. Copies of the documents are availab le from the 
following website: http:// www.agriculture.gov.au/imported -food-reform -consultation . 
A previous SPS notification on these reforms was provided during the regulatory impact 
statement phase in August 2016 (G/SPS/N/AUS/394).  
Currently the A ct has a strong emphasis on inspecting and, where relevant, testing food 
at the border to assess the safety of imported foods. The ability to test food at the 
border is an important part of a food safety system, though it has its limitations when 
not part of a broader approach to food safety. The amendments seek to strengthen the 
current risk -based management system by increasing importer accountability and 
improving responsiveness of food safety risks. It also realigns the Act to be more 
consistent with cu rrent international and domestic approaches to food safety; while 
reducing the regulatory burden on compliant importers.  
The amendments are consistent with the Codex Alimentarius Guidelines for Food Import 
Control Systems and address inconsistencies betwee n Australia's imported and domestic 
food legislation. Imported food will continue to be required to meet the same food safety 
standards as food produced in Australia.  
The following outlines the amendments to be made to the Act:  
 Food safety management certi ficates  
Recognition of foreign government certification or recognised non -government 
certificates to improve supply chain assurance of particular foods and reduce at the 
border inspections.  G/SPS/N/AUS/416  
 
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   Holding orders  
Minor amendment to ensure a proportionate response is achievable to an imported 
food safety incident.  
 Classification of food  
Technical amendment to address current limitations when responding to new and 
emerging food safety risks. It enables the Minister to classify foods into particular 
categories and sub jecting these to appropriate rates of inspection proportionate to 
the risk they impose.   
 Recognition of foreign country's food safety system  
Allows a foreign country's food safety system to be recognised where there is 
equivalence with Australia's food sa fety system; reducing at the border inspection 
and testing of imported foods.  
 Enforcement  
Modernises enforcement provisions to be consistent with the Regulatory Powers 
(Standard Provisions) Act 2014 that underpins Australia's compliance approach; and 
to realign with domestic legislation provisions for food safety.  
 Record keeping  
A realignment to be more consistent with domestic food safety legislation, importers 
will need to maintain records one step forward and one step backwards to improve 
the traceabilit y of imported food.  
 Making of orders of determinations  
To allow for holding orders to be targeted to a particular characteristic of a food in 
order to avoid unnecessary or inappropriate inspection and analysis of other foods.  
 Use and disclosure of informat ion 
Modernises the approach to information to meet Australia's domestic and 
international obligations as well as enabling effective and efficient operation of the 
Australian food safety management system.  
 Minor amendments  
Technical amendments to enhance th e operation of the Act and improve 
harmonisation with existing Commonwealth legislation.  
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 Expo rt 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 langu age(s) in which these are available: 
Please  go to http://www.agriculture.gov.au/imported -food-reform -consultation  to 
download the Imported Food Control Amendment Bill 20XX and  Imported Food Control 
Amendment Regulations 20XX. Also available for download is the supplementary 
guidance notes that assist in interpreting the amendments in relation to the Imported 
Food Control Act 1992.  G/SPS/N/AUS/416  
 
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  For further information regarding the imported food reforms please visit 
http://www.agriculture.gov.au/imported -food-reform  or contact the Australian SPS 
Notification Point at sps.contact@agriculture.gov.au . 
10. Proposed date of adoptio n (dd/mm/yy) : To be determined.  
Proposed date of publication (dd/mm/yy) : To be determined.  
11. Proposed date of entry into force: [ ]  Six months from date of publication , 
and/or  (dd/mm/yy) : To be determined.  
[X] Trade facilitating measure  The amendments will allow for the authority to 
recognise foreign country equivalence, exempting food imports from border 
intervention except where there is evidence of non -compliance or a food safety 
risk. 
12. Final date for comments: [ ]  Sixty days from the date of cir culation of the 
notification and/or (dd/mm/yy) : 4 May 2017  
Agency or authority designated to handle comments: [X]  National Notification 
Authority, [ ]  National Enquiry Point. Address, fax number and e -mail address 
(if available) of other body:  
The Austral ian 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, [ ]  National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
Notified documents and explanatory notes are available from the following web address, 
or alternatively, from the Australian SPS Notification Authority  
http://www.agriculture.gov.au/imported -food-reform  
 
The Australian SPS Notification Authority  
GPO Box 858  
Canberra  ACT  2601  
Australia  
Fax: +(61 2) 6272 3678  
E-mail: sps.contact@ agriculture .gov.au