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Export Control (Meat and Meat Products) Rules 2021
5‑37 Action if prescribed meat or meat p5‑37 Action if prescribed meat or meat products are unwholesome or integrity etc. cannot be ensured
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#### 5‑37 Action if prescribed meat or meat products are unwholesome or integrity etc. cannot be ensured
(1) This section applies if the holder of an approved arrangement for operations to prepare prescribed meat or meat products for export at a registered establishment reasonably believes that any of the following circumstances exists:
(a) there is, or there will be, a failure to meet an importing country requirement relating to prescribed meat or meat products prepared for export at the registered establishment;
(b) prescribed meat or meat products prepared for export at the registered establishment in accordance with the approved arrangement are unwholesome or have deteriorated;
(c) the identification, traceability or integrity of prescribed meat or meat products prepared for export at the registered establishment in accordance with the approved arrangement cannot be ensured;
(d) there is or there has been a failure of a procedure, or another circumstance occurs or has occurred, at the registered establishment that:
(i) has affected, or could affect, the wholesomeness or integrity of prescribed meat or meat products prepared for export at the establishment in accordance with the approved arrangement (including prescribed meat or meat products to be derived from animals to be slaughtered at the establishment); or
(ii) has caused, or could cause, prescribed meat or meat products at the establishment (including prescribed meat or meat products to be derived from animals to be slaughtered at the establishment) to deteriorate;
(e) a consignment of prescribed meat or meat products was transferred to the registered establishment (the receiving establishment) from another registered establishment and the information and declarations in relation to the consignment required by subsection 5‑38(1):
(i) were not given to the occupier of the receiving establishment, or did not accompany the consignment, as required by paragraph 5‑38(2)(b); or
(ii) were inaccurate or incomplete.
> Note 1: Meat and meat products may have deteriorated but may still be wholesome if, for example, refrigeration requirements are not met.
> Note 2: See also clause 6.4 of the Australian Meat Standard.
(2) As soon as practicable after the holder of the approved arrangement becomes aware of a circumstance referred to in subsection (1) in relation to prescribed meat or meat products, the holder must:
(a) identify the meat or meat products; and
(b) notify an authorised officer of the circumstance; and
(c) ensure that the meat or meat products are held separately under conditions of security until an authorised officer:
(i) applies a disposition to the meat or meat products under section 9‑32; or
(ii) notifies the holder of action to be taken in relation to the meat or meat products.
> Note: For a similar requirement if meat or meat products are suspected of not being wholesome, see clause 15.13 of the Australian Meat Standard.
(3) If the holder of an approved arrangement gives a notification under paragraph (2)(b) orally, the holder must, as soon as practicable after giving the notification, also give the notification in writing.