Document ID: chunk:federal_register_of_legislation:F2023C00578:reg:21
Version: federal_register_of_legislation:F2023C00578
Segment Type: reg
Provision Reference: reg 21
Character Range: 24022–25421

21  Rates of inspection for surveillance food

Food referred by an officer of Customs
 (1) Subject to this section, for the purposes of paragraph 16(2)(b) of the Act, each consignment of surveillance food that an officer of Customs refers for inspection, or inspection and analysis, under the Scheme must be inspected or inspected and analysed.
 (2) For the purposes of paragraph 16(2)(ba) of the Act, the Secretary may specify in an order under subsection 15(2) of this instrument:
 (a) the percentage of consignments of food of the kind covered by the order that must be inspected or inspected and analysed; and
 (b) the rate of samples that must be taken for inspection from food of the kind covered by the order.

Food not referred by an officer of Customs
 (3) For the purposes of paragraph 16(2)(b) of the Act, if, in relation to particular surveillance food that an officer of Customs has not referred for inspection, or inspection and analysis, under the Scheme, an authorised officer reasonably believes that the food does not comply with the applicable standard for the food or poses a risk to human health, an authorised officer must:
 (a) arrange for the inspection, or inspection and analysis, of the food; and
 (b) give the owner of the food a notice setting out the reasons why the food must be inspected or inspected and analysed.

Subdivision C—Food the subject of a holding order