Document ID: chunk:federal_register_of_legislation:F2021L00317:reg:4:p31
Version: federal_register_of_legislation:F2021L00317
Segment Type: reg
Provision Reference: reg 4 (pt 31/53)
Character Range: 124223–126966

1: For gene technology, see Standard 1.5.2 of the Food Standards Code.
Note 2: For food irradiation, see Standard 1.5.3 of the Food Standards Code.
 (8) Subsection (7) does not apply if:
 (a) importing country requirements relating to the fish or fish products permit a process (the different process) referred to in paragraph (7)(a), (b) or (c) to be used in relation to the fish or fish products or their ingredients that would contravene the Food Standards Code; and
 (b) the approved arrangement for operations to prepare the fish or fish products provides for a system of controls to be implemented to ensure that the importing country requirements in relation to the different process are met; and
 (c) the system of controls referred to in paragraph (b) of this subsection is implemented in accordance with the approved arrangement.
Note: It is a condition of an approved arrangement for export operations in relation to prescribed fish or fish products that all importing country requirements relating to the fish or fish products are met (see section 5‑7).

Subdivision B—Shellfish

5‑29  Harvesting shellfish
 (1) Without limiting section 5‑16, shellfish for export as food, or from which fish products for export as food are to be derived, must not be harvested from:
 (a) a prohibited area within the meaning of the Australian Shellfish Export Standards; or
 (b) any other area in contravention of a requirement for harvesting from that area under the Australian Shellfish Export Standards.
Note: The export from Australian territory of shellfish for food is prohibited unless the operations to harvest the shellfish are carried out in an area specified in the Harvesting Areas (Shellfish for Export) List (see item 1 of the table in section 2‑4 of this instrument). The List is published on the Department's website (see the definition of Harvesting Areas (Shellfish for Export) List in section 1‑6 of this instrument).
 (2) Subsection (1) does not apply if:
 (a) the final fish product for export as food is the adductor muscle of scallops or Pinctada spp. only; or
 (b) the shellfish are harvested from an offshore location (other than an offshore location classified as an offshore harvesting area by the Australian Shellfish Export Standards).

5‑30  Handling shellfish
 (1) Shellfish for export as food, or from which fish products for export as food are to be derived, must:
 (a) be identified by lot; and
 (b) be kept separate from shellfish from any other lot; and
 (c) not be held in the same storage tank as other fish.
 (2) The shellfish must be depurated in accordance with section 5‑31 unless they are harvested from:
 (a) an area in an open status and classified by the Australian Shellfish Export Standards as:
 (i)