Export Control (Fish and Fish Products) Rules 2021
5‑16 Sourcing fish and fish products5‑16 Sourcing fish and fish products
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5‑16 Sourcing fish and fish products
(1) Prescribed fish and fish products must not be taken from, or washed using water from, areas where there are reasonable grounds to believe that either of the following are present and could result in unacceptable levels in the fish or fish products: (a) potentially harmful pathogens; (b) potentially harmful substances.
Note: Examples: Pesticides, fungicides, heavy metals, natural toxicants or other contaminants and potentially harmful substances.
(2) Prescribed fish must be taken in a way that minimises the taking of fish likely to be affected by ciguatoxin.
Note: Examples: Controls on fish species, fish size and location of harvesting.
(3) Fish and fish products sourced in Australian territory that are to be prepared for export as food must be sourced only from: (a) a registered establishment; or (b) an establishment in relation to which an exemption from the requirement to be registered to carry out export operations in relation to the fish or fish products is in force under Part 2 of Chapter 2 of the Act; or (c) a catcher boat; or (d) for fish or fish products other than crocodiles or crocodile meat—an establishment where export operations referred to in subsection 2‑4(3) of this instrument are carried out and where no other operations to prepare prescribed fish or fish products for export are carried out; or (e) for crocodiles or crocodile meat—an establishment where operations to kill or bleed crocodiles are carried out and where no other operations to prepare prescribed fish or fish products for export are carried out. (4) Prescribed fish or fish products (other than crocodiles or crocodile meat) that are to be sourced directly from an establishment referred to in paragraph (3)(c) or (d) must be sourced only from an establishment with: (a) disease management controls that ensure that only healthy fish are taken for food; and (b) measures that ensure that: (i) fish are not given feed or treated with a substance that could adversely affect the fitness for human consumption of fish and fish products; and (ii) the taking, holding, growing, relaying, killing, bleeding, dismembering, sorting, grading, washing, icing or salting for transport of fish is done under conditions that ensure that the fitness for human consumption of fish and fish products is not adversely affected; and (iii) as soon as practicable after being taken, fish are placed under temperature controls that minimise the growth of pathogens that could adversely affect the fitness for human consumption of fish or fish products; and (iv) in the case of shellfish—the harvester of the shellfish has approval (however expressed) from the State or Territory authority that is responsible for regulating the growing and harvesting of shellfish. (5) Without limiting subsection (4), prescribed fish or fish products for that are to be sourced directly from a catcher boat must be sourced only from a catcher boat that: (a) is constructed and maintained in a way that is appropriate for the operations in relation to fish or fish products for which it is used; and (b) is able to be effectively cleaned; and (c) to the extent practicable, does not permit the entry or harbourage of pests; and (d) has the necessary facilities, equipment and procedures to: (i) place fish or fish products under the temperature controls required by this Part; and (ii) prevent the contamination of fish or fish products during preparation and transport on the catcher boat; and (iii) ensure that the fitness for human consumption of the fish and fish products is not otherwise adversely affected. (6) Crocodiles to be killed for crocodile meat, or crocodile meat, for export as food that are to be sourced, directly from an establishment referred to in paragraph (3)(e) must be sourced only from an establishment with: (a) disease management controls that ensure that only healthy crocodiles are taken for food; and (b) measures that ensure that: (i) crocodiles are not given feed or treated with a substance that could adversely affect the fitness for human consumption of crocodile meat; and (ii) the killing and bleeding of crocodiles is done under conditions that ensure that the fitness for human consumption of crocodile meat is not adversely affected; and (iii) as soon as practicable after the killing of the crocodile from which the crocodile meat is derived, the meat is placed under temperature controls that minimise the growth of pathogens that could adversely affect the fitness for human consumption of the meat. Traceability (7) Without limiting subsection (3), (4), (5) or (6), prescribed fish or fish products, or fish or fish products that are to be prepared for export as food, and their ingredients must be sourced only from a supplier with inventory and tracing systems to ensure that the fish or fish products and their ingredients are traceable and can be recalled if required. (8) The occupier of an establishment sourcing fish or fish products or their ingredients from an establishment referred to in subsection (4) or (6) must make records of each supplier of the fish or fish products and their ingredients.