Export Control (Eggs and Egg Products) Rules 2021

Part 1—Preliminary

1‑1 Name

This instrument is the Export Control (Eggs and Egg Products) Rules 2021.

1‑3 Authority

This instrument is made under the Export Control Act 2020.

1‑4 Simplified outline of this instrument

General

This instrument prescribes matters and makes other provision in relation to certain eggs and egg products (prescribed eggs and egg products) for the purposes of the Export Control Act 2020 (the Act).

Prescribed eggs or egg products must not be exported from Australian territory unless the conditions prescribed by this instrument (prescribed export conditions) are complied with. A person may commit an offence or be liable to a civil penalty if prescribed eggs or egg products are exported in contravention of prescribed export conditions (see Division 4 of Part 1 of Chapter 2 of the Act).

This instrument prescribes other matters and makes other provision in relation to the export of eggs and egg products, including in relation to the following:

(a) exemptions;

(b) government certificates;

(c) registered establishments;

(d) approved arrangements;

(e) export permits;

(f) trade descriptions;

(g) official marks and official marking devices;

(h) audits;

(i) assessments;

(j) functions and powers of authorised officers;

(k) records;

(l) samples;

(m) damaged or destroyed eggs or egg products.

Structure of this instrument and Chapter numbering

This instrument is arranged in Chapters that have the same number and name as the corresponding Chapters in the Act. For example, the provisions of this instrument that are made for the purposes of Chapter 5—Approved arrangements of the Act are included in Chapter 5—Approved arrangements of this instrument. This means there are gaps in the Chapter numbering because there are no provisions for the purposes of some Chapters of the Act.

Part 2—Interpretation

1‑5 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Australian territory;
(b) authorised officer;
(c) export;
(d) export operations;
(e) integrity;
(f) prepare;
(g) prescribed agriculture law;
(h) Regulatory Powers Act.

In this instrument:

Act means the Export Control Act 2020, and includes:

(a) legislative instruments made under the Export Control Act 2020; and
(b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.

amenities includes toilets, showers, locker rooms, change rooms, canteens and kitchens.

animal food means eggs or egg products that are not fit for human consumption and are for use as feed for animals.

applied, in relation to an official mark, has the meaning given by subsection 8‑14(1).

Note: For applied, in relation to a trade description, see section 247 of the Act.

approved assessor means an individual who is approved under subsection 281(1) of the Act to carry out assessments of eggs or egg products under Part 2 of Chapter 9 of the Act.

approved auditor means an individual who is approved under subsection 273(1) of the Act to conduct an audit referred to in section 9‑1 of this instrument.

bulk‑loaded: eggs or egg products are bulk‑loaded if the eggs or egg products are loaded directly into a container system unit, or directly into the hold of a vessel, unpackaged (but they may be boxed or drummed and palletised).

can means an immediate container made of metal, glass or other material suitable as a hermetically sealed container.

canned means thermally processed and enclosed in a hermetically sealed can.

Codex means the Codex Alimentarius issued by the body known as the Codex Alimentarius Commission of the Food and Agriculture Organization of the United Nations and the World Health Organisation, as in force from time to time.

Note: The Codex Alimentarius could in 2021 be viewed on the website of the Food and Agriculture Organization of the United Nations (http://www.fao.org).

commercially sterile, in relation to eggs or egg products, means free of pathogens that are capable of growing under the conditions the eggs or egg products are likely to encounter during storage and distribution at ambient temperature.

construction, in relation to an establishment or equipment, includes design, installation, assembly, layout and the materials of which the establishment and equipment are made.

container system unit means a container designed for use as a unit of cargo handling equipment in the transport of goods by aircraft or vessel.

cracked egg includes an egg with cracks detectable by candling or another method.

critical control point, in relation to a hazard, means a step during the production of food at which a control can be applied that is essential to prevent or eliminate the hazard or reduce its occurrence to an acceptable level.

critical limit, in relation to a hazard, means the limit to which the hazard must be controlled to prevent or eliminate it or reduce its occurrence to an acceptable level.

disease, in relation to an animal, means a disease suffered by or carried by the animal that is likely to be transmitted through eggs or egg products.

egg means an egg from an avian species.

egg product means the contents of an egg removed from the shell in liquid (whether or not chilled), frozen, dried or denatured form.

equipment includes any implement for the preparation of food, but does not include a vehicle used to transport food.

essential services includes:

(a) water, gas and electricity; and
(b) sewerage, drainage and waste disposal systems.

exporter of prescribed eggs or egg products means:

(a) the applicant for an export permit for the eggs or egg products; or
(b) if an export permit has been issued for the eggs or egg products—the holder of the export permit.

floors includes stairs, platforms and like areas.

food carrying compartment, of a conveyance, means the part or area of the conveyance in which eggs or egg products are carried.

food contact surface means a surface that is likely to come into contact with exposed eggs, egg products or their ingredients.

Note: Example: Eggs or egg products that are being prepared but have not been packaged are exposed.

food handler means a person who directly handles eggs, egg products or their ingredients or who handles food contact surfaces.

food handling area means:

(a) in Part 2 of Chapter 5—an area of a registered establishment (including a refrigeration chamber or storage area) used for exposed prescribed eggs or egg products or their ingredients; or
(b) in any other provision—an area (including a refrigeration chamber or storage area) where eggs, egg products or their ingredients are prepared or where packaging materials are stored.

Food Standards Code means the Australia New Zealand Food Standards Code.

HACCP means the hazard analysis and critical control point system for food safety management set out in the annex to CAC/RCP 1‑1969 (General Principles of Food Hygiene), adopted by the Codex.

HACCP plan means a document prepared in accordance with the principles of HACCP to ensure control of hazards that are significant for food safety in relation to eggs or egg products.

hazard means a biological, chemical or physical agent in, or a condition of, food that has the potential to cause harm to human health.

IANZ means the accreditation scheme known as International Accreditation New Zealand maintained by the Accreditation Council under section 35 of the Standards and Accreditation Act 2015 of New Zealand as in force at the commencement of this instrument.

immediate container, in relation to eggs or egg products, means the primary covering in which the eggs or egg products are packed.

ingredient means a substance (including a food additive) that is a constituent of eggs or egg products (including raw materials).

installed: a resources industry structure is installed in an area at a time if, assuming that the structure were a sea installation within the meaning of the Sea Installations Act 1987 and the area were part of an adjacent area within the meaning of that Act, the structure would be taken under section 6 of that Act to be installed in an adjacent area at the time.

liquid egg white means the white of an egg separated as efficiently as practicable from the yolk, in liquid form.

liquid egg yolk means the yolk of an egg separated as efficiently as practicable from the white, in liquid form.

liquid whole egg means the contents of an egg removed from the shell and includes egg product that is frozen or chilled, but does not include reconstituted dried egg.

loaded for export has the meaning given by section 1‑6.

lot, in relation to eggs or egg products, means a quantity of eggs or egg products of the same kind processed or packed under essentially the same conditions during a particular time interval, usually not exceeding 24 hours, and usually from a particular processing or packing line or other identifiable processing or packing unit.

low acid means a pH value of greater than 4.6 and water activity greater than 0.85aw.

manufacturing grade, in relation to eggs or egg products, means eggs or egg products that are not fit for human consumption, but are suitable for further processing to make them fit for human consumption.

medical condition:

(a) means a medical condition that could affect the fitness for human consumption of eggs or egg products; and
(b) includes an injury, an infected skin lesion or a discharge from the ear, nose or eye.

MICoR means the Manual of Importing Country Requirements published by the Department.

Note: MICoR could in 2021 be viewed on the Department’s website (http://www.awe.gov.au), but access to the document requires a password.

monitor, in relation to a critical control point and a hazard, means conduct a planned sequence of observations or measurements to assess whether each critical limit in relation to that hazard is under control.

NATA means the National Association of Testing Authorities.

notifiable disease means a disease the presence or suspected presence of which must be notified or reported (however expressed) under a law of the State or Territory where the disease is, or is suspected of being, present.

pest includes an insect, arachnid, bird, reptile, rodent and other vermin.

potable, in relation to water, means water that is acceptable for human consumption.

Note: For guidance, see the Australian Drinking Water Guidelines (2011) developed by the National Health and Medical Research Council. The Guidelines could in 2021 be viewed on the National Health and Medical Research Council’s website (http://www.nhmrc.gov.au).

prescribed egg products means egg products that are prescribed goods under Division 1 of Part 1 of Chapter 2.

prescribed eggs means eggs that are prescribed goods under Division 1 of Part 1 of Chapter 2.

prescribed eggs and egg products means eggs and egg products that are prescribed goods under Division 1 of Part 1 of Chapter 2.

prescribed eggs or egg products means eggs or egg products that are prescribed goods under Division 1 of Part 1 of Chapter 2.

processing aid, in relation to eggs or egg products, means a substance used in the processing of the eggs or egg products or their ingredients to fulfil a technological purpose relating to treatment or processing, but that does not perform a technological function in the final food.

refrigeration chamber includes a chiller, freezer and coolroom.

registered, in relation to an establishment, means registered under Chapter 4 of the Act.

registered establishment means an establishment that is registered for a kind of export operations in relation to prescribed eggs or egg products.

relevant importing country authority means the authority or body that is responsible for regulating the importation of eggs or egg products into that country from Australian territory.

resources industry structure means:

(a) a resources industry fixed structure (within the meaning of the Sea Installations Act 1987); or
(b) a resources industry mobile unit (within the meaning of that Act) that is not a vessel.

sanitise a surface means apply a process (including using heat or chemicals) to the surface so that the number of pathogens on the surface is reduced to a level that:

(a) does not compromise the safety of eggs or egg products that may come into contact with the surface; and
(b) does not permit the transmission of a condition or disease.

shelf‑stable, in relation to eggs or egg products, means the eggs or egg products can be safely stored and handled at ambient temperature.

single use item means an instrument, apparatus, utensil or other thing intended to be used only once in connection with food handling.

storage area means an area used for the storage of eggs, egg products, ingredients or packaging materials.

substance includes an organism or any other matter.

thermal process, in relation to eggs or egg products, means the heat sterilisation process in which eggs or egg products, or immediate containers of eggs or egg products, are exposed to a defined heating medium at a specified temperature for a specified time for the purpose of making the eggs or egg products commercially sterile.

Note: Examples of heating mediums are air, steam and water.

Timor Sea Maritime Boundaries Treaty means the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force at the commencement of this instrument.

Note: The Treaty is in Australian Treaty Series 2019 No. 16 ([2019] ATS 16) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

validate, in relation to a system of controls, means obtain evidence to demonstrate the effectiveness of the system of controls.

verify means apply methods, procedures, tests and other evaluations in addition to monitoring to determine whether a requirement has been, or is being, complied with.

whole egg means the whole of an egg with the shell intact.

1‑6 Meaning of loaded for export

Eggs or egg products are loaded for export if the eggs or egg products: (a) are placed into a container system unit at a registered establishment for export; or (b) are loaded into or onto an aircraft or a vessel for export without first being placed into a container system unit.

Chapter 2—Exporting goods