Document ID: chunk:federal_register_of_legislation:F2023C00578:reg:26
Version: federal_register_of_legislation:F2023C00578
Segment Type: reg
Provision Reference: reg 26
Character Range: 29485–30956

26  When food is failing food

Food that must be covered by a recognised foreign government certificate or a recognised food safety management certificate
 (1) For the purposes of paragraph 16(2)(fa) of the Act, particular food is taken to be failing food if:
 (a) the food is identified in an order made under section 10 as food of a kind that must be covered by a recognised foreign government certificate or a recognised food safety management certificate; and
 (b) either:
 (i) the food is not covered by such a certificate; or
 (ii) such a certificate covering the food is given to an authorised officer, but the officer has reason to doubt the authenticity or reliability of the certificate.

Lots of food
 (2) For the purposes of paragraph 16(2)(g) of the Act, if details of lots are provided for a batch of food, a particular lot (the subject lot) of food from the batch is taken to be failing food if:
 (a) another lot of the food from the batch fails inspection or inspection and analysis; and
 (b) the subject lot is not a lot that was selected for sampling.

Packages of food
 (3) For the purposes of paragraph 16(2)(g) of the Act, if details of lots are not provided for a batch of food, a particular package (the subject package) of food from the batch is taken to be failing food if:
 (a) another package of the food from the batch fails inspection or inspection and analysis; and
 (b) the subject package is not a package that was selected for sampling.