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This is a Bill, not an Act. For current law, see the Acts databases.
FOOD IMPORTATION (BOVINE MEAT STANDARDS) BILL 2010
2008-2009-2010
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Food Importation (Bovine Meat
Standards) Bill 2010
No. , 2010
(Senators Colbeck and Joyce)
A Bill for an Act to ensure equivalence to
Australian production standards in the importation
of bovine meat and meat products, and for related
purposes
i Food Importation (Bovine Meat Standards) Bill 2010 No. , 2010
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3 Objects
...............................................................................................
2
4 Interpretation
......................................................................................
2
Part 2--Requirements, assessment processes, risk analysis and
labelling standards
3
5 Simplified
outline
..............................................................................
3
6
Food importation requirements .......................................................... 3
7 Importation
offence............................................................................
3
8 Assessment
requirements
...................................................................
4
9
2009 assessment processes ................................................................ 4
10 Substitute
assessment processes ........................................................ 4
11 Import
risk
analysis
............................................................................
5
12
Country of origin labelling standard .................................................. 5
13
Act does not reduce other obligations ................................................ 5
Part 3--Miscellaneous
6
14 Regulations
........................................................................................
6
Food Importation (Bovine Meat Standards) Bill 2010 No. , 2010 1
A Bill for an Act to ensure equivalence to
1
Australian production standards in the importation
2
of bovine meat and meat products, and for related
3
purposes
4
The Parliament of Australia enacts:
5
Part 1--Preliminary
6
7
1 Short title
8
This Act may be cited as the Food Importation (Bovine Meat
9
Standards) Act 2010.
10
Part 1 Preliminary
Section 2
2 Food Importation (Bovine Meat Standards) Bill 2010 No. , 2010
2 Commencement
1
This Act commences on the day after this Act receives the Royal
2
Assent.
3
3 Objects
4
The objects of this Act are:
5
(a) to give force of law to standards for the assessment of bovine
6
meat and meat; and
7
(b) to maintain the assessment and importation requirements
8
relating to bovine meat and meat products that applied at
9
1 July 2009 unless and until appropriate import risk analysis
10
procedures are undertaken.
11
4 Interpretation
12
In this Act:
13
2009 assessment processes has the meaning given by section 9.
14
Authority means Food Standards Australia New Zealand,
15
established by section 12 of the Food Standards Australia New
16
Zealand Act 1991.
17
bovine meat and meat products means bovine meat and food
18
ingredients derived from bovines.
19
country of origin standard means Standard 1.2.11--Country of
20
Origin Requirements made under the Food Standards Australia
21
New Zealand Act 1991.
22
import risk analysis means an expanded import risk analysis
23
undertaken in accordance with Part 6A of the Quarantine
24
Regulations 2000.
25
minor ingredient means an ingredient that comprises no more than
26
300g/kg of the food.
27
NLIS means the National Livestock Identification System.
28
Requirements, assessment processes, risk analysis and labelling standards Part 2
Section 5
Food Importation (Bovine Meat Standards) Bill 2010 No. , 2010 3
Part 2--Requirements, assessment processes, risk
1
analysis and labelling standards
2
3
5 Simplified outline
4
The following is a simplified outline of this Part:
5
The Part enacts the requirement that bovine meat and meat
6
products imported into Australia must meet 2009 assessment
7
processes unless new processes are introduced by legislative
8
instrument and approved by each House of the Parliament.
9
Bovine meat and meat products may not be imported into Australia
10
unless the Minister is satisfied that the originating country has in
11
place a program equivalent to the NLIS.
12
The assessment requirements for bovine meat and bovine meat
13
products cannot be changed unless an import risk analysis is
14
undertaken.
15
6 Food importation requirements
16
Bovine meat and meat products must not be imported into
17
Australia unless:
18
(a) the assessment requirements in section 8 have been met; and
19
(b) the Minister is satisfied that the country or region has in place
20
a program of `birth-to-death' traceability to identify the
21
origin of animals which is at least as rigorous as the NLIS.
22
7 Importation offence
23
Section 6 is an applicable standard for the purposes of section 8 of
24
the Imported Food Control Act 1992.
25
Note:
Under section 8 of the Imported Food Control Act 1992 it is an
26
offence for a person to import into Australia food that the person
27
knows, or ought reasonably know, does not meet an applicable
28
standard.
29
Part 2 Requirements, assessment processes, risk analysis and labelling standards
Section 8
4 Food Importation (Bovine Meat Standards) Bill 2010 No. , 2010
8 Assessment requirements
1
Each consignment of bovine meat and meat products must be
2
assessed as being safe for importation in accordance with:
3
(a) 2009 assessment processes; or
4
(b) another process substituted for 2009 assessment processes in
5
accordance with section 10.
6
9 2009 assessment processes
7
(1) In this Act, 2009 assessment processes means the assessment
8
processes which applied in relation to the importation of bovine
9
meat and meat products as at 1 July 2009.
10
(2) The Minister may, by legislative instrument, vary the details of
11
those processes.
12
(3) An instrument made under subsection (2) must not vary those
13
processes in a manner that would change any of the following:
14
(a) the policy framework for the importation of bovine meat and
15
meat products that applied as at 1 July 2009;
16
(b) the categories for assessment of bovine meat and meat
17
products that applied as at 1 July 2009;
18
(c) the consequences of any categorisation or certification that
19
applied in relation to bovine meat and meat products as at
20
1 July 2009.
21
10 Substitute assessment processes
22
(1) Subject to section 11, the Minister may, by legislative instrument,
23
determine new assessment processes in place of 2009 assessment
24
processes.
25
(2) An instrument made under subsection (1) may determine new
26
assessment processes:
27
(a) in respect of particular countries or regions; or
28
(b) in respect of particular classes of countries or regions.
29
Requirements, assessment processes, risk analysis and labelling standards Part 2
Section 11
Food Importation (Bovine Meat Standards) Bill 2010 No. , 2010 5
(3) An instrument made under subsection (1) does not take effect until
1
it has been approved by resolution of each House of the
2
Parliament.
3
11 Import risk analysis
4
An instrument made under subsection 10(1) may not determine
5
new assessment processes in relation to a country or region unless
6
an import risk analysis has been undertaken in relation to the
7
importation of bovine meat and meat products from that country or
8
region.
9
12 Country of origin labelling standard
10
(1) The Minister must, by legislative instrument, determine, within 28
11
days after the commencement of this Act, a labelling standard
12
relating to country of origin labelling for beef and beef products
13
imported into Australia.
14
(2) A standard determined under subsection (1) must contain labelling
15
requirements in relation to beef which provide consumers with, at a
16
minimum, the same information as is required in relation to pork
17
under the country of origin labelling standard in force as at 1 July
18
2009.
19
(3) A standard determined under subsection (1) has effect as if it were
20
a standard developed and approved by the Authority under the
21
Food Standards Australia New Zealand 1991.
22
(4) A standard determined under subsection (1) ceases to have effect
23
when:
24
(a) a subsequent standard made under subsection (1) takes effect;
25
or
26
(b) the Authority develops and approves an equivalent labelling
27
standard under the Food Standards Australia New Zealand
28
1991.
29
13 Act does not reduce other obligations
30
(1) This Act is intended to supplement the provisions of:
31
(a)
the
Food Standards Australia New Zealand Act 1991; and
32
Part 3 Miscellaneous
Section 14
6 Food Importation (Bovine Meat Standards) Bill 2010 No. , 2010
(b)
the
Imported Food Control Act 1992; and
1
(c)
the
Quarantine Act 1908;
2
and instruments made under those Acts.
3
(2) Nothing in this Act removes or reduces any obligation placed on
4
any individual or organisation under those Acts or instruments.
5
Part 3--Miscellaneous
6
7
14 Regulations
8
The Governor-General may make regulations prescribing matters:
9
(a) required or permitted by this Act to be prescribed; or
10
(b) necessary or convenient to be prescribed for carrying out or
11
giving effect to this Act.
12