{"id":"F2005L00523","name":"Export Control (Plants and Plant Products) Orders 2005","slug":"export-control-plants-and-plant-products-orders-2005","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":112741,"registerId":"commonwealth-F2005L00523-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"schedule","heading":"Application for registration","content":"## 1 Application for registration\n\n    An application for registration must be completed and returned to the authorised officer in charge of inspecting prescribed goods in the State or Territory in which the establishment is located together with plans and specifications of the establishment.","sortOrder":0},{"sectionNumber":"2","sectionType":"schedule","heading":"Requirements for plans and specifications","content":"## 2 Requirements for plans and specifications\n\n2.1 For the purposes of registration, plans or diagrams giving the general structural and operational layout of the establishment must be provided.\n\n2.2 Plans submitted under clause 1 must show all major dimensions and the scale and must include details of inspection facilities and any amenities required under subclauses 8.1 and 9.1.\n\n2.3 Plans must be sufficiently detailed to allow evaluation of the establishment in accordance with this Schedule and must include:\n\n(a) a locality map showing the site in relation to the local area; and\n\n(b) a site plan showing all salient features of the site and adjoining sites including location of the establishment; and\n\n(c) a general floor plan; and\n\n(d) elevations of all buildings comprising the establishment; and\n\n(e) a floor plan of processing areas, showing all permanent fixtures and layout of equipment; and\n\n(f) a product flow chart, and main features of product flow and details of the types of products to be handled.","sortOrder":1},{"sectionNumber":"3","sectionType":"schedule","heading":"Alterations, extensions and rearrangements to establishments","content":"## 3 Alterations, extensions and rearrangements to establishments\n\nNotice of changes to a registered establishment that may result in residual infestation problems or that may affect sampling and inspection of prescribed goods must be submitted in accordance with clause 1.","sortOrder":2},{"sectionNumber":"4","sectionType":"schedule","heading":"General servicing requirements","content":"## 4 General servicing requirements\n\nProvision must be made for the disposal of all waste material, including liquids and solids, from a registered establishment in an efficient and hygienic manner.","sortOrder":3},{"sectionNumber":"5","sectionType":"schedule","heading":"Operational conditions","content":"## 5 Operational conditions\n\nThe operator of a registered establishment must maintain the establishment in a hygienic condition to control pests, including vermin, and have a defined program of hygiene and pest control.\n\nPart 2 Bulk commodity terminals","sortOrder":4},{"sectionNumber":"6","sectionType":"schedule","heading":"Interpretation","content":"## 6 Interpretation\n\nIn this Part, registered establishment means a registered establishment that has a capacity to load commodities at a rate greater than 400 tonnes per hour on to ships.","sortOrder":5},{"sectionNumber":"7","sectionType":"schedule","heading":"Bulk loading facilities","content":"## 7 Bulk loading facilities\n\n7.1 The occupier of a registered establishment must keep records of cleaning and pest control measures in sufficient detail to enable an authorised officer to monitor the effectiveness of pest control measures.\n\n7.2 Records must be kept as follows:\n\n(a) hygiene control records must be available of all non‑routine cleaning work carried out to facilitate the control of infestations which present a risk to prescribed goods, recording:\n\n(i) the areas and particular system components involved; and\n\n(ii) the dates on which work was carried out;\n\n(b) for prescribed grain treatment, pest control records must be available for all non‑routine pest control measures carried out in conjunction with paragraph (a), recording:\n\n(i) the identity and location of particular lots of the grain treated; and\n\n(ii) the dates on which treatment was carried out; and\n\n(iii) the standard chemical name, formulation and per cent active ingredient of all chemical sprays used; and\n\n(iv) the standard chemical name and dosage of all fumigants used;\n\n(c) if structural treatment is undertaken, records must be kept for all non‑routine pest control measures recording:\n\n(i) the areas involved; and\n\n(ii) the dates on which work was carried out; and\n\n(iii) the standard chemical name, formulation and per cent active ingredient of all chemical sprays used; and\n\n(iv) the standard chemical name, formulation and per cent active ingredient of all biocidal baits and tracking powders used;\n\n(d) details of any other non‑routine pest control measures not referred to in paragraphs (b) and (c) must also be available.\n\n7.3 The occupier of a registered establishment must keep records of receivals and loadings, and make them available to an approved inspector.","sortOrder":6},{"sectionNumber":"8","sectionType":"schedule","heading":"Facilities for drawing and inspecting samples","content":"## 8 Facilities for drawing and inspecting samples\n\n8.1 The occupier of a registered establishment must provide the following facilities for safe and effective inspection:\n\n(a) an automatic sampling system of demonstrated reliability that will deliver to a sampling room a sample of the goods from every goods flow path going separately to the ship at the rate of 400 tonnes per hour or more; and\n\n(b) an appropriate screening system for removal of large contaminants; and\n\n(c) a sampling room that:\n\n(i) complies with relevant State, Territory and Commonwealth occupational health and safety requirements and meets relevant Australian standards for health and safety in the workplace, particularly with respect to noise levels and dust, lighting for prolonged inspection activities and thermal comfort; and\n\n(ii) is approximately 9 m2 for one sampling point plus 4 m2 for every extra point; and\n\n(iii) has power, load indicators showing the rate of flow past sampling points, a telephone to the control room or other means of directing the stopping of the loading belt, and an outside telephone.\n\n8.2 The occupier of a registered establishment must provide the following facilities for safe and effective inspection at grain handling facilities and other establishments handling bulk goods requiring inspection at rates of 400 tonnes per hour or less onto ships or into container system units:\n\n(a) provision for collection of samples in a safe and effective manner;\n\n(b) if required by the Secretary — an automatic sampling system.","sortOrder":7},{"sectionNumber":"9","sectionType":"schedule","heading":"Staff amenities","content":"## 9 Staff amenities\n\n9.1 Facilities which meet the following guidelines must be made available for authorised officers:\n\n(a) access to appropriate and adequate toilet facilities, adjacent to work areas where possible;\n\n(b) access to a suitable office area of approximately 9 m2 with an additional 4 m2 for each extra officer, equipped with a locker, desk, chair, lockable filing cabinet and telephone if these facilities are not provided in a sampling room.\n\n9.2 Plans of such facilities must be submitted for approval in accordance with clause 1.\n\n9.3 The office area must comply with relevant occupational health and safety requirements.\n\nPart 3 Export packing facilities for goods other than fresh fruits or fresh vegetables","sortOrder":8},{"sectionNumber":"10","sectionType":"schedule","heading":"Interpretation and application","content":"## 10 Interpretation and application\n\n10.1 In this Part, registered establishment means a registered establishment that is a container packing facility for packing goods to which this Part applies.\n\n10.2 This Part applies to goods covered by this Schedule (see suborder 7.1) other than fresh fruits and fresh vegetables.","sortOrder":9},{"sectionNumber":"11","sectionType":"schedule","heading":"Container packing facilities","content":"## 11 Container packing facilities\n\nThe occupier of a registered establishment must:\n\n(a) keep records of cleaning and pest control measures in sufficient detail to enable an approved inspector to monitor the effectiveness of pest control measures; and\n\n(b) keep records of receivals and loadings, and make them available to an approved inspector; and\n\n(c) provide facilities for safe and effective inspection, including adequate light source equal to 600 lux; and\n\n(d) provide access to an appropriate point of the flow path of the goods; and\n\n(e) provide access to toilet and office facilities; and\n\n(f) for goods being loaded from a bulk commodity handling system into container system units — provide access to an appropriate point of the flow path of the goods.\n\nPart 4 Small export packing facilities","sortOrder":10},{"sectionNumber":"12","sectionType":"schedule","heading":"Interpretation","content":"## 12 Interpretation\n\nIn this Part, registered establishment means a registered establishment that is a packing facility other than a facility referred to in Part 2 or 3.","sortOrder":11},{"sectionNumber":"13","sectionType":"schedule","heading":"Small facility","content":"## 13 Small facility\n\nThe occupier of a registered establishment must:\n\n(a) keep records of cleaning and pest control measures in sufficient detail to enable an authorised officer to monitor the effectiveness of pest control measures; and\n\n(b) provide facilities for safe and effective inspection, including adequate light source equal to 600 lux; and\n\n(c) provide access to toilet and office facilities.\n\nPart 5 Structural, operational and hygiene requirements for establishments preparing fresh fruits or vegetables\n\nDivision 1 Structural requirements","sortOrder":12},{"sectionNumber":"14","sectionType":"schedule","heading":"General design and construction","content":"## 14 General design and construction\n\nAn establishment in which fresh fruits or fresh vegetables are prepared or inspected for export must be designed and constructed to allow all operations for which the establishment may be registered to be carried out efficiently, effectively and hygienically and, as appropriate, the design and construction must:\n\n(a) provide adequate lighting for the operations of inspection, sorting, grading and packing; and\n\n(b) provide adequate ventilation where post‑harvest treatments are carried out; and\n\n(c) allow effective cleaning of floors and surrounds in the product handling areas; and\n\n(d) minimise harbourage for pests or diseases, or contamination of the produce during preparation; and\n\n(e) allow effective cleaning of plant and equipment used in the preparation or handling of the goods; and\n\n(f) provide handwashing and toilet facilities.","sortOrder":13},{"sectionNumber":"15","sectionType":"schedule","heading":"Preparation equipment requirements","content":"## 15 Preparation equipment requirements\n\nEquipment provided for the fumigation of fresh fruits or fresh vegetables must be constructed, tested, maintained and operated in accordance with applicable local government, State, Territory and Commonwealth regulations.","sortOrder":14},{"sectionNumber":"16","sectionType":"schedule","heading":"General inspection facilities","content":"## 16 General inspection facilities\n\nThe occupier of the establishment must, unless otherwise agreed by the Secretary, provide suitable facilities for inspection including:\n\n(a) an inspection area located in a position where produce can be examined in good natural light or, if it is not possible to provide such an area, in suitable artificial lighting providing illumination of 600 lux; and\n\n(b) suitable inspection tables or benches and accurate scales; and\n\n(c) equipment for:\n\n(i) taking samples and sample packages; and\n\n(ii) general handling, opening, repacking and closing of packages;\n\n(d) when required, access to a desk and chair; and\n\n(e) access to a telephone.\n\nDivision 2 Operational and hygiene requirements","sortOrder":15},{"sectionNumber":"17","sectionType":"schedule","heading":"Operation generally","content":"## 17 Operation generally\n\nA registered establishment in which fresh fruits or fresh vegetables are prepared or inspected must be equipped and operated in a manner which permits effective pest control and hygienic conditions to be maintained at the establishment.","sortOrder":16},{"sectionNumber":"18","sectionType":"schedule","heading":"Cleaning of establishment","content":"## 18 Cleaning of establishment\n\nThe establishment must be cleaned thoroughly prior to the main intake of produce each year in a manner appropriate to the nature of the operation or operations to be carried on at the establishment and at such other times as the Secretary may consider necessary.","sortOrder":17},{"sectionNumber":"19","sectionType":"schedule","heading":"Cleaning equipment","content":"## 19 Cleaning equipment\n\nAll machinery, equipment and surrounding floor area must be thoroughly cleaned of all waste material and debris:\n\n(a) if one kind of fruit or vegetable only is being prepared — at intervals not exceeding one week, or at such other times as an approved inspector considers necessary; or\n\n(b) immediately after the preparation and packing of one kind of fruit or vegetable has been completed and before any other type of produce is passed through the machinery.","sortOrder":18},{"sectionNumber":"20","sectionType":"schedule","heading":"Removal of waste","content":"## 20 Removal of waste\n\nFruit and vegetable debris and waste and screenings (other than that put aside for further preparation) must be removed from areas where produce is prepared each day and removed from the establishment each week.","sortOrder":19},{"sectionNumber":"21","sectionType":"schedule","heading":"Storage and handling of sources of contamination","content":"## 21 Storage and handling of sources of contamination\n\nAny material or produce likely to contaminate, infest or provide a source of infestation of fresh fruits or fresh vegetables must not be stored or handled in a building or area used for their preparation or storage or in any area likely to create a source of contamination.","sortOrder":20},{"sectionNumber":"22","sectionType":"schedule","heading":"Storage of toxic substances","content":"## 22 Storage of toxic substances\n\n22.1 Rodenticides, fumigants, fungicides, insecticides or other toxic substances must be stored in a manner which will prevent contamination of fresh fruits or fresh vegetables or anything that may come into contact with them.\n\n22.2 Toxic substances and other substances which may contaminate fresh fruits or fresh vegetables must not be stored in an area or a building where fresh fruits or fresh vegetables are handled or stored.","sortOrder":21},{"sectionNumber":"23","sectionType":"schedule","heading":"Animals excluded from premises","content":"## 23 Animals excluded from premises\n\nAnimals (including birds and rodents) must not be present in the areas of the establishment where preparation of fresh fruits or fresh vegetables takes place.","sortOrder":22},{"sectionNumber":"24","sectionType":"schedule","heading":"Personal hygiene","content":"## 24 Personal hygiene\n\n24.1 A person who:\n\n(a) is suffering from a communicable disease; or\n\n(b) is a carrier of a communicable disease; or\n\n(c) may transmit pathogenic organisms to fresh fruits or fresh vegetables;\n\nmust not enter any registered establishment used for the preparation of fresh fruits or fresh vegetables.\n\n24.2 All persons handling fresh fruits or fresh vegetables must maintain a high degree of personal cleanliness.","sortOrder":23},{"sectionNumber":"25","sectionType":"schedule","heading":"Handwashing facilities","content":"## 25 Handwashing facilities\n\nHandwashing facilities and toilet facilities must be kept in a clean and sanitary condition at all times.\n\nSchedule 3 Requirements for registered establishments for dried fruits\n\n(order 7.2)","sortOrder":24},{"sectionNumber":"TABLE OF CONTENTS","sectionType":"schedule","heading":"TABLE OF CONTENTS","content":"## TABLE OF CONTENTS\n\n    Clause\n    PART 1 — CONSTRUCTION REQUIREMENTS\n    1 Siting of establishment\n    2 Maintenance and services\n    3 General building requirements\n    4 Internal walls and partitions\n    5 Doors, hatches and windows\n    6 Ceilings and underside of roofs\n    7 Floors\n    8 Drainage\n    9 Sanitary drainage\n    10 Stormwater drainage\n    11 Lighting\n    12 Stairs, platforms, stands etc\n    13 Ventilation\n    14 Storage of materials and equipment\n    15 Storage of waste\n    16 Packaging materials storage\n    17 Storage racks and shelving\n    18 Refrigeration facilities\n    19 Equipment and utensils\n    20 Thermometers\n    21 Dehydration equipment\n    22 Steam\n    23 Compressed air\n    24 Water supply\n    25 Water quality\n    26 Water reticulation\n    27 Water treatment\n    28 Reuse of potable water\n    29 In‑plant storage tanks\n    30 Protective clothing racks\n    31 Equipment and utensil washing\n    32 Hose points\n    33 Handwashing facilities\n    34 Processing equipment\n    35 Inspection facilities\n    36 Accommodation for authorised officers\n    37 Staff amenities\n    38 Loading docks\n    39 Dried fruits store\n    40 Container depots and terminals\n    PART 2 — OPERATION REQUIREMENTS\n    41 Condition of establishment\n    42 Records to be maintained\n    43 Cleaning of establishment and equipment\n    44 Storage of toxic substances\n    45 Animals excluded from premises\n    46 Glass\n    47 Handwashing facilities\n    48 Protection of dried fruits from contamination and pests\n    49 Storage of dried fruits\n    50 Spraying or fogging of establishment\n    51 Clothing of persons in establishment\n    52 Personal hygiene and conduct\n\nPart 1 Construction requirements","sortOrder":25},{"sectionNumber":"26","sectionType":"schedule","heading":"Water reticulation","content":"## 26 Water reticulation\n\nThe water reticulation system at a registered establishment must have:\n\n(a) no cross connection between potable and non‑potable water reticulation system; and\n\n(b) non‑return devices installed, where necessary to prevent back‑siphonage into the reticulation systems; and\n\n(c) no deadends; and\n\n(d) non‑potable water outlets clearly identified.","sortOrder":51},{"sectionNumber":"27","sectionType":"schedule","heading":"Water treatment","content":"## 27 Water treatment\n\nThe occupier of a registered establishment must not treat water at the establishment other than by chlorination, ozone or ultraviolet treatment.","sortOrder":52},{"sectionNumber":"28","sectionType":"schedule","heading":"Reuse of potable water","content":"## 28 Reuse of potable water\n\nPotable water that is re‑used as a source of in‑feed water during the preparation of dried fruits must:\n\n(a) be chlorinated so that the level of free residual chlorine is not less than 1.0 ppm sampled at any point within the system; and\n\n(b) be filtered before re‑use.","sortOrder":53},{"sectionNumber":"29","sectionType":"schedule","heading":"In‑plant storage tanks","content":"## 29 In‑plant storage tanks\n\nIn‑plant water storage tanks at an establishment must be covered in a manner that will prevent the entry of pests and contaminants.","sortOrder":54},{"sectionNumber":"30","sectionType":"schedule","heading":"Protective clothing racks","content":"## 30 Protective clothing racks\n\nIf appropriate, racks for protective clothing must be provided within or adjacent to the processing area.","sortOrder":55},{"sectionNumber":"31","sectionType":"schedule","heading":"Equipment and utensil washing","content":"## 31 Equipment and utensil washing\n\nFacilities must be provided at a registered establishment for the washing of movable equipment, utensils, product containers, protective clothing and similar items.","sortOrder":56},{"sectionNumber":"32","sectionType":"schedule","heading":"Hose points","content":"## 32 Hose points\n\nAn establishment must have sufficient hose points with suitable hose racks constructed of rust resistant material.","sortOrder":57},{"sectionNumber":"33","sectionType":"schedule","heading":"Handwashing facilities","content":"## 33 Handwashing facilities\n\n33.1 Handbasins and notices stating that personnel must wash their hands before handling dried fruits or fruit from which dried fruits are to be prepared must be provided at accessible locations throughout processing areas of an establishment.\n\n33.2 Handwashing facilities must be:\n\n(a) located adjacent to entrances through which persons enter areas in which processing of dried fruits takes place at an establishment; and\n\n(b) sufficient in number to enable all persons to wash their hands immediately on entering the processing area.\n\n33.3 Handbasins must be supplied with:\n\n(a) hot and cold water, or a controlled warm water supply; and\n\n(b) a dispenser containing an approved liquid soap; and\n\n(c) a dispenser containing paper towels and a method for the disposal of used paper towels, or another means of single use hand drying.","sortOrder":58},{"sectionNumber":"34","sectionType":"schedule","heading":"Processing equipment","content":"## 34 Processing equipment\n\n34.1 When an establishment is to be used for the processing and packaging of dried fruits, machinery capable of detecting and removing foreign material from the fruit during processing and packaging must be provided.\n\n34.2 Except where otherwise approved by the Secretary, each processing line along which packed and processed dried fruits pass must incorporate an electrically operated metal detector that has an accuracy sufficient to warn, either by:\n\n(a) a signal indicating the presence of an object to the size of a 5 millimetre metal ball; or\n\n(b) automatic removal of an object to the size of a 5 millimetre metal ball.\n\n34.3 Equipment must be provided at an establishment suitable for the removal and collection of dust and screenings from the dried fruits during processing.\n\n34.4 An establishment at which dried fruits are to be prepared must have suitable facilities (or access to these facilities) for analysis of dried fruits and records of any analysis must be maintained at the establishment.\n\n34.5 Equipment for the fumigation of dried fruits must be constructed, tested, maintained and operated in accordance with relevant local government, State, Territory and Commonwealth regulations.","sortOrder":59},{"sectionNumber":"35","sectionType":"schedule","heading":"Inspection facilities","content":"## 35 Inspection facilities\n\nWhen dried fruits are to be inspected at an establishment, an inspection area adjacent to the processing or storage area that is free of steam, obnoxious fumes, excessive noise and dust must be provided for the exclusive use of approved inspectors and must have:\n\n(a) lighting of at least 600 lx that is equivalent to daylight; and\n\n(b) a table or bench:\n\n(i) of not less than 1.5 metres in length by one metre in breadth; and\n\n(ii) that is surfaced with white plastic coated board or other impervious material; and\n\n(iii) constructed to permit the quick return of the dried fruits to the container from which the fruit was removed; and\n\n(c) access to a hand basin; and\n\n(d) access to a desk, chair and, when required, telephone under conditions of reasonable privacy.","sortOrder":60},{"sectionNumber":"36","sectionType":"schedule","heading":"Staff amenities","content":"## 36 Staff amenities\n\n36.1 Change rooms and separate toilet rooms must be provided for all persons employed at an establishment in the handling and processing of dried fruits.\n\n36.2 The entrance to toilet rooms from areas where dried fruits are prepared must be through:\n\n(a) an intervening change room; or\n\n(b) an air lock that is vented to external air.\n\n36.3 Handwashing basins must be provided in each toilet room in accordance with clause 33.","sortOrder":61},{"sectionNumber":"37","sectionType":"schedule","heading":"Loading docks","content":"## 37 Loading docks\n\nAn establishment must have a loading dock that is:\n\n(a) located in an area that is convenient to the storage area; and\n\n(b) enclosed or provided with an awning to protect the dried fruits during loading and unloading.","sortOrder":62},{"sectionNumber":"38","sectionType":"schedule","heading":"Dried fruits store","content":"## 38 Dried fruits store\n\nA building used as a store for dried fruits or fruit from which dried fruits are to be prepared must be of sound construction and designed and maintained in a manner that:\n\n(a) prevents the entry of pests and other contaminants; and\n\n(b) allows the store to be cleaned effectively.","sortOrder":63},{"sectionNumber":"39","sectionType":"schedule","heading":"Container depots and terminals","content":"## 39 Container depots and terminals\n\n39.1 Roads, access ways and storage areas for container system units at a container depot or terminal must be adequately sealed and drained.\n\n39.2 A container depot or terminal must be equipped with:\n\n(a) cleaning facilities for container system units or access to such facilities; and\n\n(b) an area with a desk, chair and telephone that may be used by an authorised officer in reasonable privacy.\n\nPart 2 Operation requirements","sortOrder":64},{"sectionNumber":"40","sectionType":"schedule","heading":"Condition of establishment","content":"## 40 Condition of establishment\n\nThe occupier of an establishment must maintain the establishment, its surrounds, and fittings and equipment at the establishment in a hygienic condition.","sortOrder":65},{"sectionNumber":"41","sectionType":"schedule","heading":"Records to be maintained","content":"## 41 Records to be maintained\n\nThe occupier of the establishment must maintain records of all control checks and corrective action taken, and must ensure that the records are readily accessible to an authorised officer.","sortOrder":66},{"sectionNumber":"42","sectionType":"schedule","heading":"Cleaning of establishment and equipment","content":"## 42 Cleaning of establishment and equipment\n\n42.1 The establishment must be thoroughly cleaned and the walls sprayed each year with an approved insecticide that is suitable for use in food preparation areas, immediately prior to the main intake of fruit from which dried fruits are prepared and at any other time that an authorised officer directs.\n\n42.2 Fruit debris, waste and screenings that are not to be further processed must be removed:\n\n(a) unless otherwise approved by an authorised officer, at least once a day from the building used for processing or packing dried fruits; and\n\n(b) at least once a week from the establishment.\n\n42.3 Immediately before the commencement of each packing season and at any other time that an authorised officer directs, all second‑hand hessians, plastic sheets, sweat boxes, bulk bins, drying trays and packing boxes must have all fruit and debris cleaned from the surface of them and must be treated in accordance with directions of an authorised officer.\n\n42.4 Machinery, equipment and the surrounding floor area must be thoroughly cleaned of all dried fruit and debris:\n\n(a) if only one kind of dried fruit is processed and packed at the establishment — at intervals not exceeding one week, or at such other times as an authorised officer directs; or\n\n(b) if two or more kinds of dried fruits are processed and packed at the establishment — immediately after the processing and packing of one kind of dried fruits has been completed; or\n\n(c) if more than three days has elapsed since processing or packing ceased — prior to the commencement of processing or packing of dried fruits.","sortOrder":67},{"sectionNumber":"43","sectionType":"schedule","heading":"Storage of toxic substances","content":"## 43 Storage of toxic substances\n\n43.1 Toxic substances must:\n\n(a) not be stored in an area of a building where dried fruits are prepared; and\n\n(b) be stored and used in a manner that does not contaminate dried fruits.\n\n43.2 Material that may be a source of contamination or cause infestation of dried fruits must not be stored or handled in a building used for the processing, packing or storage of the dried fruits.","sortOrder":68},{"sectionNumber":"44","sectionType":"schedule","heading":"Animals excluded from premises","content":"## 44 Animals excluded from premises\n\nAnimals must be excluded at all times from the areas of the establishment where preparation of dried fruits takes place.","sortOrder":69},{"sectionNumber":"45","sectionType":"schedule","heading":"Glass","content":"## 45 Glass\n\nGlass, other than glass containers that are to be used for packaging of dried fruits must not be permitted in the processing areas of the establishment.","sortOrder":70},{"sectionNumber":"46","sectionType":"schedule","heading":"Handwashing facilities","content":"## 46 Handwashing facilities\n\nHandwashing facilities and toilets at the establishment must be kept in a sanitary condition at all times.","sortOrder":71},{"sectionNumber":"47","sectionType":"schedule","heading":"Protection of dried fruits from contamination and pests","content":"## 47 Protection of dried fruits from contamination and pests\n\nDried fruits, fruit from which dried fruits are to be prepared and packaging materials must be stored under hygienic conditions and protected from contamination, rodent and insect infestation and any other deterioration.","sortOrder":72},{"sectionNumber":"48","sectionType":"schedule","heading":"Storage of dried fruits","content":"## 48 Storage of dried fruits\n\n48.1 Processed and unprocessed dried fruit, fresh fruits and packaging materials that are not stored under refrigeration must be:\n\n(a) if a solid impenetrable wall does not exist between them — separated by at least three metres; and\n\n(b) if such a wall does exist between them — 500 millimetres from the wall.\n\n48.2 An effective insect barrier must be laid around all unprocessed dried fruits that are not stored under refrigeration.","sortOrder":73},{"sectionNumber":"49","sectionType":"schedule","heading":"Spraying or fogging of establishment","content":"## 49 Spraying or fogging of establishment\n\nAn establishment must be sprayed or fogged with an approved insecticide and effective insect barriers that must be laid at least once each week during the period 1 September to 31 May (inclusive) and at any other time that an authorised officer directs.","sortOrder":74},{"sectionNumber":"50","sectionType":"schedule","heading":"Clothing of persons in establishment","content":"## 50 Clothing of persons in establishment\n\n50.1 All persons in the processing areas of an establishment must be attired in clean clothing.\n\n50.2 Adequate protective clothing (including hats, hairnets, footwear, coats, aprons and gloves) must be worn where necessary to protect dried fruits from contamination.\n\n50.3 Persons in food processing areas must, if appropriate, wear hairnets, caps or other effective hair restraints.\n\n50.4 Gloves used for handling dried fruits must be:\n\n(a) maintained in a sound, clean and sanitary condition; and\n\n(b) made from an impermeable material.\n\n50.5 Protective clothing used in the establishment must not be worn outside the establishment.","sortOrder":75},{"sectionNumber":"51","sectionType":"schedule","heading":"Personal hygiene and conduct","content":"## 51 Personal hygiene and conduct\n\n51.1 A person who:\n\n(a) is suffering from a communicable disease;\n\n(b) is a carrier of a communicable disease;\n\n(c) is suffering from a condition causing a discharge of pus or serum from any part of the head, neck, hands or arms; or\n\n(d) has reason to believe or suspect that there is a likelihood of transmitting disease producing organisms to dried fruits;\n\nmust not engage in the preparation, processing, packing or handling of dried fruits or any material likely to come into contact with those goods.\n\n51.2 If the occupier of an establishment engaged in the processing or handling of dried fruits has reason to believe or suspect that any person is likely to transmit disease‑producing organisms to dried fruits, the occupier must ensure that person is excluded from entering the establishment until that person furnishes a certificate from a medical practitioner indicating that person is free from infection or any condition likely to transmit disease producing organisms to dried fruits.\n\n51.3 Persons handling dried fruits during processing must have clean hands.\n\n51.4 All persons must wash their hands with the aid of approved liquid soap:\n\n(a) on entering areas in which dried fruits are prepared;\n\n(b) after using a toilet facility;\n\n(c) after handling dirty or contaminated material; and\n\n(d) after smoking, eating or drinking.\n\n51.5 Processing personnel must keep their fingernails clean.\n\n51.6 A person handling dried fruits or fruits from which dried fruits are to be prepared with bare hands must not wear fingernail varnish.\n\n51.7 Cuts or sores must be covered with a clean waterproof dressing that is securely attached and in the case of cuts or sores on the hands, gloves must also be worn.\n\n51.8 Adhesive dressings or their equivalent must not be worn unless covered or enclosed by a clean waterproof dressing that is securely attached.\n\n51.9 Loose jewellery that is not effectively covered, must not be worn on the hands when handling prescribed goods during processing.\n\n51.10 A person must not spit, smoke or consume food in a processing area.\n\n51.11 A person must not drink in a processing area other than by use of a disposable cup in the vicinity of a water fountain.","sortOrder":76},{"sectionNumber":"52","sectionType":"schedule","heading":"Second and subsequent inspection","content":"## 52 Second and subsequent inspection\n\nResults of further inspections and treatment to be ordered must be reported as specified in clause 49.","sortOrder":135},{"sectionNumber":"53","sectionType":"schedule","heading":"Time to elapse after insecticidal spraying treatment","content":"## 53 Time to elapse after insecticidal spraying treatment\n\nIf spaces are inspected immediately following treatment with contact insecticides or fogs and live insects are found, a further re‑inspection must not take place within 4 hours of completion of treatment, not including any necessary airing period.","sortOrder":136},{"sectionNumber":"54","sectionType":"schedule","heading":"Re‑inspection of timbered sites","content":"## 54 Re‑inspection of timbered sites\n\n54.1 If timber is involved, new sections must be lifted to the same extent as that required in the initial inspection.\n\n54.2 If timber has been lifted to permit the removal of non‑infested residues, further timber must be lifted if necessary to enable an authorised officer to be satisfied as to the degree of cleaning achieved.","sortOrder":137},{"sectionNumber":"55","sectionType":"schedule","heading":"Post‑fumigation inspection","content":"## 55 Post‑fumigation inspection\n\n55.1 When re‑inspection of a ship that has been fumigated is called for, an authorised officer must first sight a gas clearance certificate from the fumigator or, if appropriate, from an industrial hygiene officer or industrial chemist of a State or Territory Department.\n\n55.2 Gas detection equipment supplied by the Department for use by an authorised officer must not be used for the purpose of issuing a gas clearance certificate for the ship.","sortOrder":138},{"sectionNumber":"56","sectionType":"schedule","heading":"Unsatisfactory treatment","content":"## 56 Unsatisfactory treatment\n\nAny work ordered as a result of the re‑inspection of a ship must be stated on an additional treatment order.","sortOrder":139},{"sectionNumber":"57","sectionType":"schedule","heading":"Part acceptance of ship","content":"## 57 Part acceptance of ship\n\n57.1 If a ship is compelled to berth under ballast and cannot discharge this ballast until an equal weight of cargo has been loaded:\n\n(a) all cargo spaces except the ballast tanks must be inspected during the initial inspection; and\n\n(b) when the cargo spaces inspected comply with the requirements of these Orders and a marine surveyor issues a certificate for them, the loading permit must be issued for those spaces; and\n\n(c) if ballast tanks are located within a hold, the loading permit must be endorsed so as to exclude them; and\n\n(d) the tanks must be inspected after ballast has been discharged and the spaces dried; and\n\n(e) when the marine surveyor is satisfied and issues a certificate to the effect that these spaces comply with the requirements of these Orders, an additional permit must be issued; and\n\n(f) an authorised officer must insert the time when the final inspection was completed on the additional loading permit.\n\n57.2 When cleaning only is required to remove residues of non‑infested material, some holds may be brought to a satisfactory standard while work is still proceeding on the remainder, subject to the following conditions:\n\n(a) when a marine surveyor’s certificate has been sighted, a loading permit may then be issued for those holds that comply with these Orders;\n\n(b) as additional holds are passed, an additional permit must be issued;\n\n(c) an authorised officer must insert the time when that additional inspection was completed on the loading permit.\n\n57.3 When a combination of the conditions in subclauses 57.1 and 57.2 occurs, the following conditions apply:\n\n(a) issue of a loading permit in part acceptance of a ship may only be done if requested by the master, a marine surveyor and the shipper;\n\n(b) a loading permit must not be issued in respect of part of a ship while infested residues are being removed or a chemical treatment is being applied to the remainder of the holds or other infested cargo is present.","sortOrder":140},{"sectionNumber":"58","sectionType":"schedule","heading":"Sighting of marine surveyor’s certificate","content":"## 58 Sighting of marine surveyor’s certificate\n\nAn approved marine surveyor must issue a certificate stating that the holds of a ship are suitable for the carriage of prescribed grain or prescribed goods for consumption and this must be sighted by an authorised officer before the officer issues a loading permit.","sortOrder":141},{"sectionNumber":"59","sectionType":"schedule","heading":"Issuing the loading permit","content":"## 59 Issuing the loading permit\n\n59.1 An authorised officer must indicate on a loading permit the time at which the officer determines that the holds comply with the requirements of these Orders.\n\n59.2 The time shown must be when inspection of the holds has been completed and the responsible ship’s officer was informed of this.\n\n59.3 This time must not be altered.","sortOrder":142},{"sectionNumber":"60","sectionType":"schedule","heading":"Completion of form","content":"## 60 Completion of form\n\n60.1 An authorised officer must complete the form referred to in clause 49 when a loading permit has been issued for all holds loading prescribed grain or prescribed goods for consumption.\n\n60.2 Under the heading ‘details of treatment’ an authorised officer must list details of the particular chemical used in the treatment of the cargo spaces of the ship.\n\n60.3 Wherever possible, this information must be made available to the authorised officer by the master or the master’s agent before the issue of the loading permit.\n\nPart 2 Container system unit inspection","sortOrder":143},{"sectionNumber":"61","sectionType":"schedule","heading":"Empty container system unit inspection","content":"## 61 Empty container system unit inspection\n\nThe following types of inspection are required for empty container system units:\n\n(a) in the case of container system units for prescribed grain and prescribed goods for consumption — an approved inspector must inspect the container system unit for pests, infestible residues, contaminants and other conditions that could affect the goods;\n\n(b) in any other case — an approved inspector must inspect the container system unit to ensure that there are no pests, or residues that could harbour pests, or conditions which could permit cross‑infestation.","sortOrder":144},{"sectionNumber":"62","sectionType":"schedule","heading":"Place of inspection","content":"## 62 Place of inspection\n\n62.1 Container system units may be inspected at any place where there are adequate facilities for the inspection.\n\n62.2 When an approved inspector is present at the filling premises, the approved inspector must inspect the container system unit prior to the start of filling but must not order removal of linings if the units bear ‘Inspected’ stickers applied in accordance with paragraph 36 (b) of these Orders.\n\n62.3 If container system units arrive at filling premises and do not carry such stickers, then they must be fully inspected by an approved inspector.","sortOrder":145},{"sectionNumber":"63","sectionType":"schedule","heading":"Assistance to be given to approved inspectors","content":"## 63 Assistance to be given to approved inspectors\n\nThe person responsible for a container system unit must give all reasonable assistance to an approved inspector, including moving, opening and closing units and providing ladders or other necessary equipment.","sortOrder":146},{"sectionNumber":"64","sectionType":"schedule","heading":"Inspection procedures for empty container system units","content":"## 64 Inspection procedures for empty container system units\n\n64.1 When container system units are inspected prior to transport, the units must be sealed and identified in accordance with order 36.\n\n64.2 All parts of the interiors and exteriors of the container system units may be inspected and if an approved inspector suspects the presence of pests or residues the approved inspector may order treatment in accordance with clause 68.\n\n64.3 Flexible bag type container system units must be inspected prior to filling.","sortOrder":147},{"sectionNumber":"65","sectionType":"schedule","heading":"Rejection of empty container system units","content":"## 65 Rejection of empty container system units\n\n65.1 Container system units found to be unsuitable for filling must be rejected.\n\n65.2 The presence of the following in container system units must lead to rejection:\n\n(a) one or more live pests in residues or on the structure of the container, inside or out;\n\n(b) one or more live rodents, or evidence of rodents harbouring behind linings;\n\n(c) any residue infestible by pests;\n\n(d) structural damage such that pests could enter after loading;\n\n(e) non‑infestible materials, odour, water, rodent carcasses or rodent droppings in containers to load grain.","sortOrder":148},{"sectionNumber":"66","sectionType":"schedule","heading":"Trogoderma spp.","content":"## 66 Trogoderma spp.\n\n66.1 If live insects are found, being Trogoderma spp., the container system unit must be rejected and an approved inspector must order treatment.\n\n66.2 When the person responsible for the container system unit wishes to  \nre‑present it to load prescribed goods, the person must provide an approved inspector with a fumigation certificate, a quarantine clearance, or both, before re‑inspection is commenced.","sortOrder":149},{"sectionNumber":"67","sectionType":"schedule","heading":"Treatment order","content":"## 67 Treatment order\n\nIf a rejected container system unit is not to be replaced by the person in charge of the unit, an approved inspector must issue a treatment order in accordance with an approved form.","sortOrder":150},{"sectionNumber":"68","sectionType":"schedule","heading":"Treatment of empty container system units","content":"## 68 Treatment of empty container system units\n\n68.1 Infestible residues must be removed from a container system unit and if the unit is lined, residues detected behind wall panels must be removed.\n\n68.2 Live pests detected in unlined container system units must be sprayed with a contact pesticide.\n\n68.3 Live pests detected in lined container system units must be fumigated with a fumigant.\n\n68.4 Non‑infestible residues must be removed and disposed of for container system units loading prescribed grain or prescribed goods for consumption.\n\n68.5 For container system units loading bagged prescribed grain or bagged prescribed goods for consumption, as an alternative to removal of non‑infestible residues or other non‑infestible materials, the person in charge of the unit may take other appropriate steps to prevent contamination of the bags.","sortOrder":151},{"sectionNumber":"69","sectionType":"schedule","heading":"Re‑inspection of empty container system units following treatment","content":"## 69 Re‑inspection of empty container system units following treatment\n\n69.1 When container system units are inspected immediately following spraying, and live insects are found, a further re‑inspection must not take place within 4 hours of completion of treatment, not including any necessary airing period.\n\n69.2 The presence of live insects in or on the container system unit, infestible residues, or failure to remove linings must lead to rejection and the original treatment must be re‑ordered.\n\n69.3 Container systems units that have been fumigated must not be reinspected unless the person responsible for the units is in receipt of a gas‑free certificate.","sortOrder":152},{"sectionNumber":"70","sectionType":"schedule","heading":"If the condition of the container system unit has changed","content":"## 70 If the condition of the container system unit has changed\n\n70.1 If an approved inspector has reason to believe that the condition of a container system unit has changed since issue of the loading permit, the unit must be reinspected.\n\n70.2 If the condition of the container system unit has changed such that the requirements of these Orders are not met, the loading permit must be cancelled.","sortOrder":153}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2497},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The legislation represents a comprehensive, integrated regulatory framework covering establishment registration, operational standards, inspection protocols, and certification for plant product exports. It does not appear to have expanded beyond its original intended scope as a complete export control system for these goods."},"complexity_factors":["Multiple technical schedules (5+) with distinct regimes for different products (dried fruits, mung beans, fresh produce, bulk grain)","Prescriptive numerical specifications throughout (e.g., '600 lux', '9m² plus 4m² per extra point', '2.25L per 33.33t', '80g/m³ for 48 hours')","Extensive cross-referencing between clauses and schedules (e.g., 'in accordance with clause 1', 'as per subclause 2.3')","Nested conditional logic with multiple variables (rejection procedures vary by infestation level, valve configuration, storage type, and whether loading into ships or containers)","Detailed procedural requirements for administrative actions (treatment orders, phytosanitary certificate issuance, re-inspection protocols)","Over 100 individual clauses with highly specific technical requirements (construction materials, drainage specifications, sampling methodologies)"],"plain_english_summary":"These Orders set mandatory biosecurity rules for Australian businesses exporting plants and plant products (e.g., grains, dried fruit, fresh produce, mung beans). They require registered facilities meeting specified construction, hygiene and equipment standards, routine inspections and strict sampling/treatment protocols with largely nil tolerance for pests, and government-issued phytosanitary certificates that expire if goods don’t ship within 28 days.\n\nThe regime affects exporters, processors, shippers and packers by imposing record-keeping, inspection, treatment and certification obligations to ensure exports meet international pest-free standards."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The instrument defines a comprehensive, commodity‑segmented regulatory scheme for registration, construction, hygiene, sampling, inspection, rejection and treatment of exported plant products. The text itself does not record an internal narrowing or broadening of the Orders’ remit; rather it specifies operational scope per commodity (e.g. mung beans, dried fruits, fresh produce) and builds in procedural discretion (Secretary and authorised officers) to adapt implementation (see clauses on Secretary discretion such as 'Method of rejecting' clause 8.1 and 'unless otherwise agreed by the Secretary' in inspection facility clauses 5.3 and 16)."},"complexity_factors":["Multiple commodity‑specific modules (bulk terminals, container packing, small facilities, fresh fruit/vegetables, dried fruits, mung beans) create branching requirements and different technical standards (see Parts 2–5 and Schedules).","Detailed sampling and laboratory procedures with numeric sampling rates and sieve/inspection steps (e.g. sampling rate 2.25 L per 33.33 t; see Sampling clauses such as 'Sampling rate' and Schedule 5 clauses 5–7 and 6).","Layered rejection and re‑presentation rules with complex stream/valve/belt logic and multiple conditional paths for bulk, bagged and containerised cargo (see Schedule 5 Parts 2–3, clauses 9, 12 and 15).","Precise tolerances for pests and contaminants (nil tolerances for live pests and specified numeric tolerances for certain contaminants; see Schedule 5 Part 1 clause 2 and related tables).","Extensive record‑keeping and reporting obligations (cleaning, pest control, receivals/loadings retained and produced on request; see clauses 7.1–7.3, Schedule 3 clause 41, mung beans clause 4).","Substantial infrastructure and workplace requirements (sampling rooms, automatic samplers, lighting 600 lx, ventilation, handwashing; see clauses 8.1, 11, 14, Schedule 3 clauses 11, 33).","Operational health and safety and pesticide/fumigation constraints cross‑refer to other laws and standards (fumigant use and equipment must comply with local and Commonwealth regulations; see clauses 15, 34.5, 29.2).","Bureaucratic discretion and delegations allow procedural variations and exemptions (Secretary may determine variations to rejection procedures; 'unless otherwise agreed by the Secretary' appears in inspection facility clauses — see 'Method of rejecting' clause 8.1 and inspection/inspection facilities clauses 5.3 and 16).","Multiple enforcement actors and documentary steps (authorised officer, approved inspector, marine surveyor, fumigator; gas‑clearance certificates and loading permits required — see many inspection and re‑inspection provisions, e.g. clauses 55, 58–60).","Operational timing constraints and re‑inspection triggers (28‑day rules for certificate validity, holding/airing periods after treatments, and minimum fumigation parameters for specific pests — see re‑inspection clauses 26/22 and fumigation clause 29.2)."],"plain_english_summary":"These Orders set mandatory registration, structural, operational and inspection rules for establishments exporting plants and plant products. They require occupiers to submit detailed plans, provide sampling and inspection facilities, keep hygiene and pest‑control records, and meet commodity‑specific construction and handling standards. Authorised officers and approved inspectors enforce sampling, rejection and treatment procedures. The rules affect exporters, packing/handling facilities, ship masters and container operators by assigning infrastructure, record‑keeping and remediation costs and by giving departmental officers power to order treatments or withhold permits."}},"importantCases":[],"_links":{"self":"/api/acts/export-control-plants-and-plant-products-orders-2005","history":"/api/acts/export-control-plants-and-plant-products-orders-2005/history","analysis":"/api/acts/export-control-plants-and-plant-products-orders-2005/analysis","conflicts":"/api/acts/export-control-plants-and-plant-products-orders-2005/conflicts","importantCases":"/api/acts/export-control-plants-and-plant-products-orders-2005/important-cases","documents":"/api/acts/export-control-plants-and-plant-products-orders-2005/documents"}}