Export Control (Milk and Milk Products) Orders 2005

Plans and specifications for application for registration

1.1 Plans and specifications of an establishment and equipment for use in operations to prepare milk and milk products at an establishment must:

(a) accompany the application for registration of the establishment; or

(b) be made available to the Secretary on request.

Note For applications for registration see section 4.03 of the Export Control (Prescribed Goods — General) Order 2005.

1.2 The plans and specifications must be sufficiently detailed to show whether the establishment and equipment would, if constructed in accordance with the plans and specifications, be suitable for the preparation (in accordance with the requirements of these Orders) of the milk and milk products to be undertaken at the establishment.

Plans for establishments

2.1 The plans must include:

(a) a locality map showing the site; and

(b) a site plan showing:

(i) the layout of the entire premises; and

(ii) access roads and roads at the establishment; and

(iii) the water supply; and

(iv) stormwater and waste water drainage; and

(v) on site waste disposal (if any); and

(vi) the amenities; and

(vii) all features of the site and its location that are relevant to whether the premises would comply with the applicable requirements of these Orders; and

(viii) adjoining sites including location of adjacent establishments; and

(ix) the north compass point; and

(x) the scale used in the plan; and

(c) a floor plan of all milk and milk product handling areas (including laboratories) showing all permanent fixtures and the layout of equipment (other than implements and utensils); and

(d) a description of all equipment (other than implements and utensils) for use in the preparation of milk and milk products at the premises.

Note For the meaning of equipment and food handling area see order 7.

Details to be shown in specifications

3.1 The specifications must show details of:

(a) construction materials of the premises including fixtures; and

(b) construction materials of the equipment (other than implements and utensils) used in food handling areas; and

(c) surface finishes; and

(d) surfaces in contact with milk, milk products or ingredients; and

(e) essential services.

Note For the meaning of essential services see order 7.

Division II Alterations and additions

Proposals for alterations or additions

4.1 For the purposes of section 4.20 of the Export Control (Prescribed Goods — General) Orders 2005 plans and specifications relevant to an alteration or addition to an establishment and equipment for use in operations to prepare milk and milk products at the establishment must:

(a) accompany the proposal for the alteration or addition; or

(b) be made available to the Secretary on request.

4.2 The plans and specifications must be sufficiently detailed to show whether the establishment and equipment would if altered or extended in accordance with the plans and specifications, be suitable for the preparation (in accordance with the requirements of these Orders) of milk and milk products to be undertaken at the establishment.

Requirements for plans and specifications

5.1 The plans and specifications for an alteration or addition must contain such information specified in clauses 2 and 3 of this Schedule as is relevant to the alteration or addition.

Part 2 Approval to prepare milk and milk products in an unregistered establishment

Note The intention of this Part is to facilitate the export of small volumes of milk and milk products from unregistered establishments for the purpose of testing the markets for new products while ensuring that fitness for human consumption is maintained. See further order 30.

Application for approval for limited number of exports

6.1 A person who is or is to be the occupier may apply to the Secretary for approval to prepare milk and milk products of the kind specified in the application for export as food in an unregistered establishment.

Note For other grounds of exemptions, see Division VI of Part 2 of these Orders.

6.2 The application must:

(a) describe each process to be used in preparing the milk and milk products; and

(b) identify the country to which it is intended to export the milk and milk products.

Approval

7.1 If the Secretary is satisfied that the applicant will comply with:

(a) the requirements of Divisions II and III of Part 3 of these Orders; and

(b) the applicable importing country requirements;

the Secretary may give the applicant approval to prepare at the unregistered establishment milk and milk products of the kind specified in the approval for export as food to the country specified.

7.2 The approval takes effect:

(a) on the day specified in the approval as being the day it takes effect; or

(b) if no such day is specified — when written notice of the approval is given to the applicant.

7.3 The notice must specify:

(a) the period within which the milk and milk products must be exported, being a period of not more than 12 months after the day on which the approval is granted; and

(b) the number of export consignments (being not more than five) of the milk and milk products that may be prepared at the establishment; and

(c) the identification number assigned by the Secretary to the establishment.

Note A reference in these Orders to a registration number includes the registration number referred to in paragraph 7.3 (c), see the meaning of registration number in order 7.

7.4 No more than one approval may be given under subclause 7.1 for milk and milk products prepared in the unregistered establishment being milk and milk products of the kind specified in the application that are for export to the country specified in the application.

7.5 If the Secretary decides not to give approval under subclause 7.1 the Secretary must give the applicant written notice of:

(a) the decision; and

(b) the reasons for the decision.

Exemption from compliance with orders

8.1 The Secretary may:

(a) specify in the approval given under subclause 7.1 of this Schedule that one or more of the requirements of the provisions of Schedule 2 specified in the approval do not apply in relation to the establishment; and

(b) by written notice vary or revoke the specification made under paragraph 8.1 (a).

8.2 If the approval has effect the requirements specified in the notice do not apply in relation to the establishment.

Approval may be subject to conditions

9.1 The Secretary may:

(a) give approval under subclause 7.1 of this Schedule subject to conditions specified in the notice of approval; and

(b) by written notice given to the person whom the approval is given impose new conditions or vary or revoke the conditions.

9.2 The conditions must be for the purpose of ensuring that, in relation to the milk and milk products to which the approval relates, there is compliance with one or more of the objectives specified in suborders 3.1 and 3.2.

Revocation of approval

10.1 The Secretary may, by written notice given to the person to whom the notice of the approval was given under subclause 7.2 of this Schedule, revoke the approval if the Secretary has reasonable grounds to believe:

(a) a circumstance specified in paragraphs 21.1 (a) to 21.1 (f) of Schedule 2 exists; or

(b) the person to whom the approval is given ceases to be the occupier of the establishment.

10.2 The revocation takes effect:

(a) on the day specified in the written notice of the revocation given as being the day it takes effect; or

(b) if no such day is specified — when the written notice of the revocation is given.

Termination of approval

11.1 The occupier may terminate the approval by giving the Secretary written notice of the termination.

11.2 The termination takes effect:

(a) on the day specified in the written notice of the termination given as being the day it takes effect; or

(b) if no such day is specified — 7 days after the notice is given to the Secretary.

Effect of revocation or termination

12.1 On revocation or termination:

(a) the approval ceases to have effect; and

(b) the requirements, that under subclause 8.2 do not apply in relation to the establishment, apply.

Occupier’s commitment

1.1 The commitment of the occupier to:

(a) the objectives specified in suborders 3.1 and 3.2; and

(b) compliance with the requirements of these Orders and applicable importing country requirements;

must be documented.

Note 1 For the meaning of occupier see order 7.

Note 2 The occupier of a registered establishment and of an unregistered establishment with approval to prepare milk and milk products given under Part 2 of Schedule 1 must comply with the applicable requirements of this Schedule, see order 32. For when the Secretary may specify that requirements of this Schedule do not apply to an occupier who has approval to prepare milk and milk products in an unregistered establishment see clause 8 of Schedule 1.

Division II Approved arrangements

Minimum requirements for approved arrangements

2.1 An arrangement for the preparation of milk and milk products at an establishment that is required for the purposes of order 31 of these Orders must cover each step of the preparation of milk and milk products for export undertaken at the establishment and must:

(a) contain a HACCP plan that complies with clause 3 of this Schedule; and

(b) document the controls used to ensure that the applicable requirements of these Orders (other than a requirement of Schedule 3) are complied with; and

(c) identify the applicable importing country requirements and document the controls used to ensure compliance with these requirements; and

(d) document any other measures necessary to ensure there is a sound basis for giving any export permit or issuing any government certificate for milk and milk products prepared at the establishment.

Note 1 For the requirement for the occupier to have an approved arrangement see order 31.

Note 2 For the meaning of export permit, government certificate, HACCP and importing country requirement see order 7.

Note 3 For requirements for ascertaining export eligibility to identified markets see clause 29 of Schedule 5. For the issue of a government certificate required by an importing country authority see Part 2 of Schedule 9.

2.2 Paragraph 2.1 (c) applies only to each importing country requirement for which compliance with these Orders would not be sufficient to result in compliance with the importing country requirement.

Note 1 For example subclause 2.2 refers to importing country requirements that are in addition to or more stringent than the requirements of these Orders.

Note 2 For regulatory arrangements where compliance with an importing country requirement would not result in compliance with these Orders see order 79.

HACCP plan

3.1 The HACCP plan must identify each of the steps in the preparation of the milk and milk products.

Note For guidance see the Codex requirements for a HACCP plan. A flow chart may be used.

3.2 For each step the HACCP plan must identify the potential hazards that may reasonably be expected to occur.

Note For the meaning of hazard see order 7.

3.3 The HACCP plan must identify the means of control of each potential hazard.

3.4 Despite subclause 3.3 hazards controlled by meeting the operational hygiene requirements of these Orders need not be identified as part of the HACCP plan.

Note For examples of operational hygiene requirements referred to in subclause 3.4 see the requirements in Schedule 4 for cleaning, pest controls, hazardous substances and the like which must be included as part of the approved arrangement, see paragraph 2.1 (b) of this Schedule.

3.5 For each significant hazard that is identified the HACCP plan must identify:

(a) the critical control points; and

(b) the critical limits; and

(c) the procedures to be used to monitor the potential hazards to ensure compliance with each critical limit including:

(i) the frequency with which these procedures are to be performed; and

(ii) the person, or persons included in a class of persons, who are to carry out these procedures; and

(d) the corrective action to be taken if a critical limit is exceeded.

Note For the meaning of critical control point, critical limit and monitor see order 7.

3.6 The action that referred to in paragraph 3.5 (d) includes:

(a) action to address the fact the critical limit is exceeded; and

(b) action to ensure that the exceeding of the critical limit does not recur; and

(c) an assessment of the effectiveness of the action taken.

3.7 The HACCP plan must identify procedures used to verify compliance with the HACCP plan and the frequency with which these procedures are to be performed.

3.8 The HACCP plan must provide for records to be made and documents to be kept to demonstrate compliance with the HACCP plan and its effectiveness.

Note For requirements for validation see for example clause 12 of Schedule 4 and clauses 4 to 10 and 16 and 17 of Schedule 5.

3.9 In this clause:

a significant hazard means a hazard (or a hazard in combination with other hazards) that is of such a nature that its elimination, control or reduction to an acceptable level is essential to the production of safe food.

Division III Management practices

Management practices, organisational structure, resources and competence

4.1 The management practices, organisational structure, provision of resources and the provision of personnel and their competence (including knowledge, training, skills and experience) must:

(a) be documented; and

(b) be appropriate to ensure each of the following are met:

(i) the applicable requirements of these Orders;

(ii) the applicable importing country requirements.

Verification

5.1 Whether the following are complied with must be verified:

(a) the applicable requirements of Division III of Part 3 of these Orders; and

(b) the importing county requirements identified in the approved arrangement.

Note For the meaning of verify see order 7. Verification could for example include sampling procedures.

5.2 A written record must be made of:

(a) the methods, procedures, tests, monitoring and other evaluations used to verify compliance; and

(b) the results of the verification.

Corrective and preventative action

6.1 If a requirement of Division III of Part 3 of these Orders or an importing country requirement identified in the approved arrangement is not complied with or is not likely to be complied with:

(a) action must be taken:

(i) to address the fact the requirement is not complied with or is not likely to be complied with; and

(ii) to ensure that the failure to comply with the requirement, or the likelihood that it is not complied with, does not recur; and

(b) the effectiveness of the action taken must be assessed.

Note For directions to take action to correct or prevent the recurrence of a failure to comply see Part 8 of these Orders.

6.2 A written record must be made of the action referred to in paragraph 6.1 (a) that is taken and the assessment of its effectiveness.

Internal audit and management review

7.1 Internal audits and management reviews of the effectiveness of the management practices at the establishment in meeting:

(a) the requirements of Division III of Part 3 of these Orders; and

(b) the importing country requirements identified in the approved arrangement;

must be conducted at least once every twelve months.

Note For external audits see Part 6 of these Orders.

7.2 A written record must be made of:

(a) the internal audits and managements reviews conducted; and

(b) the results of the audits and reviews.

Note 1 For other examples of requirements to make records see subclause 3.8 and clause 17 of this Schedule, clause 1 of Schedule 4 and clause 4 of Schedule 8. See also order 75.

Note 2 For making electronic records see subsection 12 (1) of the Electronic Transactions Act 1999.

7.3 For an establishment employing less than three people subclause 7.1 is taken to be satisfied if a management review is conducted.

Sampling and analysis

8.1 Sampling and the analysis of a sample made for the purposes of these Orders must be made in accordance with the method for sampling and analysis specified in these Orders.

Note For an example of methods of sampling and analysis specified in these Orders see clause 4 of Schedule 6.

8.2 If a method of sampling and analysis is not specified in these Orders the sampling and analysis must be made in accordance with:

(a) an applicable method specified in the Food Standards Code; or

(b) an applicable method specified in a relevant standard published by Standards Australia; or

(c) any other validated science based method that is appropriate for the sample to be tested and that ensures the accuracy of the results obtained.

Note For sampling and analysis see further sections 14.02 to 14.04 of the Export Control (Prescribed Goods — General) Order 2005 and see paragraph 5.1 (d) of these Orders.

Notifiable diseases

9.1 If:

(a) milk and milk products are at an establishment engaged in the preparation of milk and milk products for export as food; and

(b) the occupier is aware that the milk and milk products are derived from a cow that is affected by or is suspected of being affected by a notifiable disease;

the occupier must notify an authorized officer without delay.

Note For the meaning of notifiable disease see order 7.

Requirement to retain documents

10.1 Each document that:

(a) is made by the occupier or that comes into the possession of the occupier; and

(b) is relevant to whether the occupier complies with:

(i) the requirements of the Act, these Orders or the occupier’s approved arrangement or a condition of that arrangement; and

(ii) the importing country requirements identified in the approved arrangement;

must be retained for a period of not less than three years from the time the document is made by the occupier or comes into the occupier’s possession (as the case may be).

Note 1 For retaining records electronically see subsection 12 (2) of the Electronic Transactions Act 1999.

Note 2 For suspension or revocation of an approved arrangement if the occupier fails to make available to an authorized officer documents the occupier is required to retain see paragraph 21.1 (e) of this Schedule.

Note 3 For audit of these documents see Part 6 of these Orders.

10.2 If an occupier, who must under order 32 ensure the requirements of this Schedule are complied with, fails to comply with subclause 10.1 the occupier is guilty of an offence.

Level 5 penal provision

Note A level 5 penal provision means a person who is guilty of the relevant offence is punishable by a fine of 50 penalty units, see Regulation 4 of the Export Control (Orders) Regulations 1982.

Part 2 Approved arrangements

Division I Approval of arrangements

Application for approval

11.1 A person who is or is to be the occupier may apply to the Secretary for approval of an arrangement for the preparation of milk and milk products for export.

Note A person includes a body politic as well as a natural person, see paragraph 22 (1) (a) of the Acts Interpretation Act 1901. (See also section 13 of the Legislative Instruments Act 2003.)

11.2 The arrangement for which approval is sought must:

(a) accompany the application; or

(b) be made available for evaluation by the Secretary.

Assessment of application and Secretary’s decision

12.1 For the purposes of assessing the application the Secretary must:

(a) evaluate the arrangement in a desk audit; and

(b) conduct an inspection of the establishment, facilities, equipment and services to be used in the operations.

12.2 The Secretary may in order to consider the application request any of the following that the Secretary reasonably requires:

(a) further information or documents of the kind specified by the Secretary;

(b) a demonstration of the operations and procedures to be followed;

(c) the applicant’s consent to the use (at the applicant’s expense) of an appropriately qualified person nominated by the Secretary in any inspection, evaluation or demonstration.

When the Secretary is taken to have refused the application

13.1 If the Secretary has not made a decision on whether to approve the arrangement within 60 days after the day the application is received (not including any period between the Secretary making a written request under subclause 12.2 and the applicant meeting the request) the Secretary is taken to have refused the application.

When the Secretary may approve the arrangement

14.1 The Secretary may by written notice given to the applicant approve the arrangement if the Secretary is satisfied that:

(a) the arrangement complies with subclause 2.1 of this Schedule; and

(b) compliance with the controls specified in the arrangement will ensure that:

(i) the requirements of these Orders will be complied with at the applicant’s establishment; and

(ii) the applicable importing country requirements will be complied with at the establishment; and

(iii) there is a sound basis for giving any export permit and issuing any government certification for milk and milk products prepared at the establishment; and

(c) the applicant will comply with the arrangement.

Note For further grounds where the approved arrangement covers the issue of an export permit see subclause 15.1 of Schedule 9.

14.2 The approval takes effect:

(a) on the day specified in the approval as being the day it takes effect; or

(b) if no such day is specified — when written notice of the approval is given to the applicant.

Notice of decision not to approve an arrangement

15.1 If the Secretary decides not to approve an arrangement, the Secretary must give the applicant written notice of the decision.

15.2 The notice must set out:

(a) the reasons for the decision; and

(b) the applicant’s right to apply for reconsideration of the decision.

Note For reconsideration and review of the Secretary’s decision, see Part 16 of the Export Control (Prescribed Goods — General) Order 2005 and see orders 90 and 91 of these Orders.

Approved arrangement may be subject to conditions

16.1 The Secretary may:

(a) approve an arrangement subject to conditions specified in the notice of approval; and

(b) by written notice given to the occupier impose new conditions or vary or revoke the conditions.

16.2 The conditions must be for the purpose of ensuring the matters specified in subparagraphs 14.1 (b) (i), 14.1 (b) (ii) and 14.1 (b) (iii) of this Schedule are met.

Note If there is a failure to comply with the arrangement or its conditions (including with an importing country requirement specified in the approved arrangement) the Secretary may suspend or revoke the arrangement, see paragraph 21.1 (a) of this Schedule. A failure to comply may preclude the issue of an export permit, see Division IV of Part 1 of Schedule 9, or the issue of a government certificate, see Part 2 of Schedule 9. For audit of compliance with an approved arrangement see Part 6 of these Orders. For directions to take action to correct or prevent the recurrence of a failure to comply see Part 8 of these Orders.

Division II Variation of approved arrangement

Variations to be recorded

17.1 A record must be made of each variation of an approved arrangement.

17.2 If an occupier, who must under order 32 ensure the applicable requirements of this Schedule are complied with, fails to comply with subclause 17.1 the occupier is guilty of an offence.

Level 2 penal provision

Note A level 2 penal provision means a person who is guilty of the relevant offence is punishable by a fine of 20 penalty units, see Regulation 4 of the Export Control (Orders) Regulations 1982.

Variations requiring notification and approval before implementation

18.1 A proposed variation (or a proposed variation in combination with other variations) to an arrangement that has the potential to adversely affect:

(a) the likelihood of compliance with the requirements of these Orders or an applicable importing country requirement; or

(b) the fitness for human consumption or integrity of milk and milk products at the establishment; or

(c) an accurate assessment being made as to whether:

(i) there is compliance with requirements of these Orders or an applicable importing country requirement; or

(ii) milk and milk products at the establishment are fit for human consumption and their integrity is assured;

must not be implemented unless:

(d) the occupier makes a written application to the Secretary for approval to vary the arrangement; and

(e) the Secretary gives the occupier a written notice approving the variation.

Note Variations (including variations not covered by clause 18) need to be recorded (see clause 17 of this Schedule). Variations not covered by clause 18 are to be considered for approval by the auditor at the time of audit.

18.2 A proposed variation of a provision of an approved arrangement (or a proposed variation in combination with other variations) that:

(a) identifies a person who may:

(i) make a declaration referred to in paragraph 6.1 (g) or 6.1 (h) of Schedule 8 or paragraph 3.1 (a) of Schedule 9; or

(ii) issue an export permit; or

(iii) manufacture or possess an official marking device or manufacture, possess, apply, alter or interfere with an official mark or apply a resemblance; or

(b) relates to any of the following:

(i) an alternative, procedure, standard or other requirement referred to in suborder 78.5 of these Orders;

(ii) a control referred to in suborder 79.6 of these Orders;

(iii) an alternative requirement or control referred to in these Orders;

(iv) export issuing procedures referred to in paragraph 11.2 (b) of Schedule 9;

must not be implemented unless:

(c) the occupier makes a written application to the Secretary for approval to vary the arrangement; and

(d) the Secretary gives the occupier a written notice approving the variation.

Note For an example of an alternative requirement or control referred to in subparagraph 18.2 (b) (iii) see the alternative temperature controls in Part 2 of Schedule 5 and the alternative standards in Schedule 6.

18.3 If an occupier, who must under order 32 ensure the applicable requirements of this Schedule are complied with, fails to comply with subclause 18.1 or 18.2 the occupier is guilty of an offence.

Level 5 penal provision

Note A level 5 penal provision means a person who is guilty of the relevant offence is punishable by a fine of 50 penalty units, see Regulation 4 of the Export Control (Orders) Regulations 1982.

Variations required by the Secretary

19.1 The Secretary may give the occupier a written notice requiring the occupier to submit a variation of an approved arrangement if:

(a) circumstances relating to the preparation of milk and milk products at the establishment change; or

(b) the Secretary is not satisfied that compliance with the controls specified in the approved arrangement for the preparation of milk and milk products ensures that the matters specified in subparagraphs 14.1 (b) (i), 14.1 (b) (ii) and 14.1 (b) (iii) of this Schedule are complied with; or

(c) an applicable importing country authority requirement changes.

Note 1 For the requirement to notify the Secretary of changes in persons who manage or control see Division 4.4 of Part 4 of the Export Control (Prescribed Goods — General) Order 2005.

Note 2 For further circumstances for when the Secretary may require a variation where the approved arrangement covers the issue of an export permit see subclauses 15.2 and 15.5 of Schedule 9.

19.2 The notice must:

(a) specify the variation required; and

(b) specify the period within which the variation must be submitted to the Secretary.

19.3 The Secretary may give the occupier a notice approving the variation submitted.

19.4 An occupier who is given a notice under subclause 19.1 must not fail to submit the variation specified in the notice within the period specified.

When an arrangement includes a variation

20.1 An approved arrangement includes a variation to the arrangement.

20.2 If a variation is of a kind referred to in subclauses 18.1, 18.2 or 19.1 of this Schedule, then the approved arrangement includes the variation only when the Secretary gives a notice approving the variation in accordance with paragraphs 18.1 (e) or 18.2 (d) or subclause 19.3 (as the case may be).

Division III Suspension and revocation

Grounds for suspension or revocation

21.1 The Secretary may give the occupier written notice suspending or revoking the approval of an arrangement if the registration of the establishment is revoked or the Secretary has reasonable grounds to believe that:

(a) a requirement of any of the following is not complied with by the occupier:

(i) these Orders;

(ii) the occupier’s approved arrangement or a condition of that arrangement (including an importing country requirement identified in that arrangement); or

(b) compliance with the controls specified in the approved arrangement is unreliable or not effective in ensuring that the matters specified in subparagraphs 14.1 (b) (i), 14.1 (b) (ii) or 14.1 (b) (iii) of this Schedule are met; or

(c) the occupier has, in an application or other document given to the Secretary or in a document or information that must under a requirement these Orders or the occupier’s approved arrangement or a condition of that arrangement be made or given, made a statement:

(i) that is false, misleading, or incomplete; or

(ii) for which there is no sound basis for making the statement; or

(d) the occupier fails to provide the assistance referred to in order 60; or

(e) the occupier fails to make available to an authorized officer a document that, under a requirement of these Orders or the occupier’s approved arrangement or a condition of that arrangement, the occupier is required to retain; or

(f) a person designated in the approved arrangement as a person who may make a declaration referred to in paragraph 6.1 (g) or 6.1 (h) of Schedule 8 or paragraph 3.1 (a) of Schedule 9 is not, or ceases to be, a fit and proper person having regard to the matters specified in section 4.05 of the Export Control (Prescribed Goods — General) Order 2005.

Note 1 For penal provisions relating to requirements to give information or documents to an authorized officer or the Secretary see Part III, Division 7 of the Act.

Note 2 For requirements to retain documents see clause 10 of this Schedule.

Note 3 For the requirement to notify the Secretary of changes to persons who manage or control etc see Division 4.4 of Part 4 of the Export Control (Prescribed Goods — General) Order 2005.

Note 4 For further grounds where the approved arrangement covers the issue of an export permit see subclauses 15.3 and 15.5 of Schedule 9.

21.2 The suspension or revocation of the approval of the arrangement may be:

(a) in full; or

(b) in part, in respect of:

(i) one or more of the kinds of milk and milk products prepared at the establishment; or

(ii) one or more of the stages of preparation of the milk and milk products.

21.3 The suspension or revocation takes effect:

(a) on the day specified in the written notice given under subclause 21.1 as being the day it takes effect; or

(b) if no such day is specified — when the written notice is given to the applicant.

Notice of suspension or revocation

22.1 If the Secretary suspends or revokes the approval of an arrangement, the Secretary must give the occupier written notice of:

(a) the reason for the suspension or revocation; and

(b) the occupier’s right to apply for reconsideration of the decision to suspend or revoke; and

(c) if the approval is suspended — the period of the suspension.

Note For reconsideration and review of the Secretary’s decision see Part 16 of the Export Control (Prescribed Goods — General) Order 2005. See further orders 90 and 91 of these Orders.

22.2 A period of suspension must not exceed 12 months and may be extended only if the total period does not exceed 12 months.

Revocation of suspended arrangement

23.1 The Secretary may revoke an approval of an arrangement that is suspended despite the fact that the period of suspension has not expired.

23.2 The Secretary may revoke an arrangement that is suspended on grounds that are the same as or similar to the grounds for the suspension.

Termination

24.1 An occupier may terminate the occupier’s approved arrangement:

(a) in full; or

(b) in part, in respect of:

(i) one or more of the milk and milk products prepared at the establishment; or

(ii) one or more of the stages of preparation of the milk and milk products;

by giving the Secretary written notice of the termination.

24.2 The termination takes effect:

(a) on the day specified in the written notice of the termination given as being the day it takes effect; or

(b) if no such day is specified — 7 days after the notice is given to the Secretary.

Secretary may require the occupier to take action

25.1 If the approval of an arrangement (or part of an arrangement) at an establishment:

(a) is suspended or revoked; or

(b) is terminated;

the Secretary may, by giving the occupier a notice, require the occupier to take action within the period specified in the notice in respect of any of the following:

(c) any official marks held by the occupier;

(d) any export permits or government certificates issued or given for milk and milk products prepared by the occupier; and

(e) any milk and milk products at the occupier’s establishment.

25.2 The action referred to in subclause 25.1 must be action to ensure compliance with one of more of the objectives specified in suborders 3.1 and 3.2 as they apply in relation to the occupier.

25.3 The notice must state that a failure to take the action specified within the time specified is an offence under clause 26 of this Schedule.

25.4 An authorized officer may amend or revoke the notice by giving a further written notice to the person to whom the notice is given.

Occupier must comply with notice

26.1 An occupier who is given a notice under subclause 25.1 of this Schedule must take the action specified in the notice within the period specified.

Level 5 penal provision

Note A level 5 penal provision means a person who is guilty of the relevant offence is punishable by a fine of 50 penalty units, see Regulation 4 of the Export Control (Orders) Regulations 1982.

When an approved arrangement ceases to have effect

27.1 An approval of an arrangement (or a part of an arrangement) ceases to have effect if the approval of the arrangement (or that part of the arrangement) is revoked or terminated.

Note For revocation or termination in part see subclauses 21.2 and 24.1 of this Schedule.

27.2 An approval of an arrangement ceases to have effect if the person to whom the Secretary, under clause 14 of this Schedule, gave the approval of the arrangement ceases to be the occupier.

27.3 An approval of an arrangement (or a part of an arrangement) ceases to have effect for the period of its suspension.

Lighting

18.1 The premises must have a lighting system that provides sufficient natural or artificial light for the activities conducted for and in relation to the preparation of milk and milk products at the premises.

Note See for example AS 1680 Part 1‑1990 Interior lighting: General principles and recommendations and AS/NZ 1680.2.4 1997 Industrial tasks and Processes.

18.2 The lighting system must not be a source of contamination.

Note Subclause 18.2 would require for example that light bulbs and lighting fixtures suspended over milk and milk products be protected.

Ventilation

19.1 The premises must have adequate ventilation (natural or mechanical):

(a) to effectively minimise the risk of airborne contamination (such as steam, smoke and condensation) of milk and milk products; and

(b) where appropriate, to control ambient temperature.

Water supply

20.1 The premises must have a supply of potable water that is available for use at a volume, pressure and temperature that is adequate for the purposes for which the water is used.

Note 1 For the meaning of potable see order 7.

Note 2 For operational requirements for the use of water see clause 14 to 17 of Schedule 4.

20.2 Potable and non potable water must be supplied in separate lines (including outlets) that are readily identifiable as being for use for potable or non potable water (as the case may be).

20.3 Re‑circulated water must have a separate distribution system which can be readily identified.

Requirement to clean and maintain

3.1 The following must be cleaned and sanitised whenever it is necessary to do so to prevent the contamination of milk and milk products:

(a) floors, walls, ceilings, other fixtures and fittings in the following areas:

(i) food handling areas;

(ii) areas used for cleaning and sanitising equipment, vehicles and protective clothing;

(iii) personal hygiene amenities; and

(b) equipment and food contact surfaces.

3.2 Subclause 3.1 does not apply to a single‑use item that is disposed of after use or when contaminated.

Note For the meaning of single‑use item see order 7.

3.3 The surrounds of premises used to prepare milk and milk products for export as food must be cleaned to the extent necessary to ensure the surrounds are not a source of contamination of milk and milk products.

3.4 The premises and equipment must be maintained in a good state of repair and working order to the extent necessary to facilitate the hygienic preparation of milk and milk products for export as food.

Vehicles, container system units etc

4.1 The following must be cleaned and sanitised whenever it is necessary to do so to prevent the contamination of milk and milk products:

(a) container system units, food carrying compartments and vehicles used to transport milk and milk products for export as food; and

(b) equipment used to handle milk and milk products for export as food during loading and transport.

Note For the meaning of container system unit, food carrying compartment, and vehicle see order 7.

4.2 The following must be maintained in a good state of repair and working order to the extent necessary to ensure the fitness for human consumption of milk and milk products for export as food is not adversely affected during transport:

(a) container system units, food carrying compartments and vehicles used to transport the milk and milk products; and

(b) equipment used to handle the milk and milk products during loading and transport.

Environmental contamination

5.1 Effective measures must be taken to ensure milk and milk products are not contaminated by environmental contamination (including air borne or water borne contamination).

Exclusion of animals

6.1 Live animals must not be permitted to enter premises used for the preparation of milk and milk products for export as food.

6.2 Subclause 6.1 does not apply to:

(a) the entry of a guard dog in the perimeter area; and

(b) the entry of an assistance animal in any area;

provided the area is not used as a food handling area or for cleaning and sanitising equipment or for personal hygiene.

Note For the meaning of assistance animal see order 7.

Pests

7.1 To the extent practicable, the entry of pests into premises and equipment used for the preparation of milk and milk products for export as food must be prevented.

7.2 The harbourage of pests in the premises and equipment must be prevented.

Hazardous substances

8.1 Hazardous substances must:

(a) not contaminate milk and milk products; and

(b) be stored in containers that:

(i) are labelled with the name of the substance and a warning about its toxicity and use; and

(ii) are not used for any purpose other than the storage of hazardous substances.

Use and storage of substances which could cause contamination

9.1 Except when necessary for hygienic or preparation purposes, substances which could contaminate milk and milk products must not be used or stored in food handling areas.

Division II Hygiene controls for processing

Measures to prevent contamination

10.1 Effective measures must be taken to:

(a) prevent the contamination of milk and milk products and their ingredients by any thing or activity; and

(b) minimise the growth in milk and milk products and their ingredients of pathogens that could adversely affect the fitness for human consumption of the milk and milk products for export as food given the conditions under which they are to be stored, handled and transported; and

(c) ensure that the fitness for human consumption of milk and milk products for export as food and their ingredients is not otherwise adversely affected.

Note 1 For the meaning of ingredient see order 7.

Note 2 Paragraph 10.1 (a) requires for example that milk, milk products and ingredients not be contaminated by:

Note: (a) procedures for the preparation of milk and milk products; or

Note: (b) cleaning, sanitising or maintenance activities; or

Note: (c) handling or use etc of equipment, ingredients or packaging materials.

Note 3 Paragraph 10.1 (a) also requires for example that milk, milk products and ingredients not be cross contaminated by animal food or by milk and milk products that are unfit for human consumption. See further Part 7 of Schedule 5.

10.2 Without limiting the generality of subclause 10.1 effective measures must be taken to prevent milk and milk products that are not ready for human consumption contaminating milk and milk products that are ready for human consumption.

Calibration of measuring instruments

11.1 Measuring instruments that are relevant to whether the requirements of these Orders are complied with must be accurately calibrated.

Refrigeration chambers

12.1 The approved arrangement must validate that refrigeration chambers achieve the applicable temperature controls required under these Orders for chilling, freezing, maintaining, thawing and tempering milk and milk products, taking account of the maximum quantity of milk and milk products to be chilled, frozen, maintained, thawed or tempered at any one time using the chamber.

Note 1 For the meaning of validate see order 7.

Note 2 For verification requirements see clause 5 of Schedule 2.

Ingredients

13.1 Ingredients for milk and milk products for export as food must:

(a) be fit for the purpose for which they are used; and

(b) be labelled, stored and handled in a way that ensures their identity can be ascertained.

Note For requirements for ingredients to comply with product standards see Schedule 6.

Water must be potable

14.1 All water (including reused water, recirculated water and ice) used at premises used to prepare milk and milk products for export as food must be potable unless:

(a) the water is only used in circumstances where there is no risk of the water coming into contact with or contaminating milk and milk products; and

(b) the approved arrangement expressly provides for the use of the non‑potable water in the circumstances in which it is used.

Note 1 For the meaning of potable water see order 7.

Note 2 For requirements for potable water for hand washing facilities and amenities see subclauses 13.3 and 14.4 of Schedule 3.

Microbial limits

15.1 Water required under these Orders to be potable must not contain any Escherichia coli per 100 millilitres.

15.2 The analysis of water for the purpose of verifying whether the subclause 15.1 is complied with must be performed by a laboratory accredited by NATA to perform the analysis.

Note 1 For verification see clause 5 of Schedule 2.

Note 2 For when the approved arrangement must identify any applicable importing country requirements for the examination of water, see paragraph 2.1 (c) and subclause 2.2 of Schedule 2.

Note 3 For guidance see the 2004 Australian Drinking Water Guidelines, which have been developed by the National Health and Medical Research Council in collaboration with the
Natural Resource Management Ministerial Council. See http://www.nhmrc.gov.au/publications/synopses/eh19syn.htm

Note 4 For when the Secretary may give the occupier a notice enabling the use of another laboratory to perform the examination, see orders 78 and 79.

Note 5 For requirements for water used to cool canned product see clause 14 of Schedule 5.

The supply of potable and non-potable water

16.1 The reticulation system must prevent the back siphonage of used or contaminated water.

16.2 Non-potable water reticulation systems for an establishment must not contaminate the potable water reticulation systems for the establishment.

Steam

17.1 Steam used in contact with milk and milk products or food contact surfaces must be free from substances which may:

(a) be hazardous to health; or

(b) contaminate milk and milk products.

Note See Standard 1.3.3 of the Food Standards Code for requirements for processing aids and see further Schedule 6.

Compressed air and other processing gas

18.1 Compressed air and other processing gas that come into contact with milk and milk products or food contact surfaces must be free from substances which may:

(a) be hazardous to health; or

(b) contaminate milk and milk products.

Note See Standard 1.3.3 of the Food Standards Code for requirements for processing aids and see further Schedule 6.

Division III Personal hygiene and health requirements

Meaning of food handling area

19.1 In this Division food handling area means an area (including a refrigeration chamber or storage area) used for exposed milk and milk products for export as food or their ingredients.

Note Contrast the meaning of food handling area in order 7.

Food borne diseases

20.1 A person known or suspected to be suffering from, or to be a carrier of a disease likely to be transmitted through food must not work in any food handling area in any capacity in which there is any risk of such a person directly or indirectly contaminating milk and milk products with pathogens.

20.2 If a person:

(a) is known or suspected to be suffering from, or to be a carrier of a disease likely to be transmitted through food; and

(b) is at, or suspects that the disease may have resulted in the contamination of milk and milk products at, an establishment engaged in the preparation of milk and milk products for export as food;

the person must immediately report their disease to a person who is in charge of the operations at the establishment.

Note For the occupier’s liability if the requirements of this Division are not complied with see order 34.

Conditions

21.1 A person who has a condition and who handles milk and milk products must take all practical measures to prevent the condition resulting in contamination of milk and milk products.

Note For the meaning of condition see order 7.

21.2 Coverings used for conditions must:

(a) be effective in preventing contamination of milk and milk products; and

(b) be waterproof, firmly secured and conspicuous in colour.

Personal cleanliness

22.1 A person in a food handling area must:

(a) take all practicable measures to ensure his or her body, anything from his or her body and anything he or she is wearing does not contaminate milk, milk products or food contact surfaces; and

(b) take all practicable measures to prevent unnecessary contact with milk and milk products; and

(c) ensure his or her outer clothing is of a level of cleanliness that is appropriate for the handling of milk and milk products that is being conducted.

22.2 A person in a food handling area must not engage in:

(a) behaviour which could result in contamination of milk and milk products, such as eating, smoking, chewing, spitting, sneezing or coughing over unprotected milk and milk products or food contact surfaces; or

(b) any other behaviour likely to adversely affect the fitness for human consumption of milk and milk products.

Note 1 For guidance see Standard 3.2.2 of the Food Standards Code.

Note 2 A person in a food handling area includes a visitor to the area, see the meaning of food handling area in clause 19 of this Schedule.

22.3 A person handling milk and milk products must wash (using a sanitising agent) and dry thoroughly his or her hands:

(a) on entering the food handling area; and

(b) immediately after using the toilet; and

(c) after touching the nose or mouth; and

(d) after handling contaminated material; and

(e) whenever necessary to avoid contaminating the milk and milk products.

Note The wearing of gloves does not remove the obligation to wash hands.

Personal effects and clothing

23.1 Personal effects and clothing must not be stored in food handling areas.

Note For storage facilities for personal effects and clothing see clause 11 of Schedule 3.

Protective clothing

24.1 A person in a food handling area must at all times wear protective clothing (including a hair covering) and footwear.

24.2 The protective clothing and footwear must:

(a) be suitable (including appropriately designed) to prevent anything from the person's body contaminating milk and milk products; and

(b) be maintained in good repair and in a clean and sanitary condition so as not to present a risk of contamination of milk, milk products or food contact surfaces.

Milk must be placed under temperature controls

3.1 Milk for export as food must be placed under temperature controls as soon as practicable after milking.

Chilling

4.1 Milk and milk products that are to be chilled must

(a) be cooled to a temperature of 5°C or cooler (but not cooler than minus 1°C); or

(b) be cooled in accordance with the alternative temperature controls specified for chilling the milk and milk products in the applicable approved arrangement.

4.2 If paragraph 4.1 (b) applies, the applicable approved arrangement must validate that:

(a) achieving the alternative temperature controls; and

(b) the way in which the chilling is to be done;

minimises the growth of pathogens that could adversely affect the fitness for human consumption of the milk and milk products given the conditions under which they are to be stored, handled, loaded and transported.

Note 1 For the meaning of validate see order 7.

Note 2 For verification requirements see subclause 3.7 and clause 5 of Schedule 2.

Rate of chilling

5.1 The chilling of the milk and milk products must be performed with sufficient rapidity so as to minimise the growth of pathogens that could adversely affect the fitness for human consumption of the milk and milk products given the conditions under which they are to be stored, handled, loaded and transported.

5.2 The applicable approved arrangement must validate that the rate of chilling achieves the outcome specified in subclause 5.1.

Freezing

6.1 Milk and milk products for export as food that are to be frozen must achieve:

(a) a temperature at the site of microbiological concern of minus 18°C or cooler; or

(b) the alternative temperature specified for freezing the milk and milk products concerned in the applicable approved arrangement.

6.2 If paragraph 6.1 (b) applies, the applicable approved arrangement must validate that:

(a) achieving the alternative temperature controls; and

(b) the way in which the freezing is to be done;

minimises the growth of pathogens that could adversely affect the fitness for human consumption of the milk and milk products given the conditions under which they are to be stored, handled, loaded and transported.

6.3 The freezing of the milk and milk products must be performed with sufficient rapidity to minimise the growth of pathogens that could adversely affect the fitness for human consumption of the milk and milk products concerned given the conditions under which they are to be stored, handled, loaded and transported.

6.4 The applicable approved arrangement must validate that the rate of freezing achieves the outcome specified in subclause 6.3.

Storage, handling, loading and transport

7.1 Milk and milk products (other than shelf stable milk and milk products) for export as food must be maintained during storage, handling, loading and transport at:

(a) temperatures specified for chilling or freezing the milk and milk products concerned in paragraph 4.1 (a) or paragraph 6.1 (a) (as the case may be) of this Schedule; or

(b) the alternative temperature specified for maintaining the milk and milk products concerned in the applicable approved arrangement.

Note For the meaning of shelf stable see order 7.

7.2 Shelf stable milk and milk products for export as food must be maintained during storage, handling, loading and transport at the temperature specified for maintaining the milk and milk products concerned in the applicable approved arrangement.

7.3 If paragraph 7.1 (b) or subclause 7.2 applies the applicable approved arrangement must validate that:

(a) maintaining the milk and milk products concerned at the alternative temperature; and

(b) the way in which this is to be done;

minimises the growth of pathogens that could adversely affect the fitness for human consumption of the milk and milk products given the conditions under which they are to be stored, handled, loaded and transported.

Note 1 For the meaning of validate see order 7.

Note 2 For verification requirements see subclause 3.7 and clause 5 of Schedule 2.

Thawing and tempering

8.1 Milk and milk products for export as food must be thawed and tempered under temperature controls that minimise the growth of pathogens that could adversely affect the fitness for human consumption of the milk and milk products.

8.2 The applicable approved arrangement must validate that the temperature controls for the thawing and tempering achieve the objective specified in subclause 8.1.

Note 1 For the meaning of validate see order 7.

Note 2 For verification requirements see subclause 3.7 and clause 5 of Schedule 2.

Part 3 Preserving milk and milk products

Division I General

Outcome for preservation processes

9.1 Unless otherwise specified in this Part a process applied to milk and milk products for export as food for the purpose of extending their shelf life must ensure the safety of the milk and milk products concerned by:

(a) destroying or preventing the growth of pathogens; or

(b) reducing their growth to a level that ensures the microbiological safety of the milk and milk products is not adversely affected.

Note For microbiological limits for milk and milk products see Schedule 6.

9.2 The applicable approved arrangement must validate that process controls for extending the shelf life of the milk and milk products ensures that the objective specified in subclause 9.1 is met.

Note For guidance in validation see the microbial limits specified in Standard 1.6.1 of the Food Standards Code. For further guidance see the User Guide to Standard 1.6.1 available at http://www.foodstandards.gov.au.

Division II Thermal processing of canned milk and milk products

Commercial sterility

10.1 Unless the approved arrangement specifies otherwise the canning of milk and milk products for export as food must result in milk and milk products that are commercially sterile.

10.2 An establishment must validate in its approved arrangement that its process controls for canning low acid canned milk and milk products achieve the objective specified in subclause 10.1.

Note 1 For the meaning of canned, commercially sterile and validate see order 7.

Note 2 For verification requirements see subclause 3.7 and clause 5 of Schedule 2.

Thermal process designed from simulated conditions

11.1 Before a thermal process designed from simulated manufacturing conditions is used for canning milk and milk products for export as food, the results of the process must first be verified in the actual production of canned milk and milk products (as the case may be) that takes place:

(a) using the thermal processing equipment; and

(b) under the commercial operating conditions;

to be used for canning milk and milk products for export as food.

Canning must protect contents from contamination

12.1 The canning process and canning materials used must prevent contamination affecting the contents of the can.

12.2 Cans must be inspected and evaluated in accordance with Section 7.4.8 (‘Inspection of closures’) of Volume 1B of Codex entitled ‘Recommended International Code of Practice for Low‑Acid and Acidified Low‑Acid Canned Foods’ CAC/RCP 23‑1979, Rev 2 (1993).

Note For requirements applying to all packaging materials including cans see Part 4 of this Schedule.

Cooling and handling cans

13.1 After thermal processing, the cans must be cooled and handled in a manner that prevents the introduction of pathogens that could affect the commercial sterility of the contents of the can.

Water used for cooling

14.1 Water used for cooling canned milk and milk products for export for food must be potable.

14.2 The method used to make the water potable must be specified in the approved arrangement.

14.3 If water is made potable by chlorination the water must show a measurable free residual chlorine level after contact with the cans.

Post‑processing controls

15.1 Cans that have undergone thermal processing must be identified and held separately from cans that have not undergone thermal processing.

Division III Pasteurisation and other treatments

Pasteurisation etc of milk and liquid milk products

16.1 Milk for export as food must:

(a) be pasteurised by being heated to a temperature of not less than 72°C for not less than 15 seconds and immediately shock cooled to a temperature of 4.5°C or less; or

(b) be heated and cooled using any time and temperature combination that:

(i) is specified in the applicable approved arrangement; and

(ii) is of equal or greater lethal effect on the bacteria in the milk than would be achieved by the time and temperature controls specified in paragraph 16.1 (a); or

(c) be subjected to any other treatment that:

(i) is specified in the applicable approved arrangement; and

(ii) meets the objective specified in subparagraph 16.1 (b) (ii) or the objective specified in subclause 9.1 of this Schedule.

16.2 Liquid milk products for export as food must:

(a) be heated and cooled using any time and temperature combination that:

(i) is specified in the applicable approved arrangement; and

(ii) is of equal or greater lethal effect on the bacteria in the milk product than would be achieved by the time and temperature controls specified in paragraph 16.1 (a); or

(b) be subjected to any other treatment that:

(i) is specified in the applicable approved arrangement; and

(ii) meets the objective specified in subparagraph 16.2 (a) (ii) or the objective specified in subclause 9.1 of this Schedule.

Note For information relating to pasteuriser standards and verification see AS 3993‑2003 Equipment for the pasteurization of milk and other liquid dairy products ‑ Continuous flow systems.

16.3 If paragraph 16.1 (b) or paragraph 16.1 (c) or subclause 16.2 applies the applicable approved arrangement must validate that the time and temperature combination or other treatment achieves the objectives specified for subparagraphs 16.1 (b) (ii), 16.1 (c) (ii), 16.2 (a) (ii) or 16.2 (b) (ii) (as the case may be).

16.4 This clause does not apply to milk and liquid milk products used in the manufacture of cheese.

Cheese

17.1 Milk and liquid milk products used in the manufacture of cheese for export as food must:

(a) be heat treated by being held at a temperature of not less than 72°C for a period of not less than 15 seconds; or

(b) be heat treated using a time and temperature combination that is of equal or greater lethal effect on the bacteria in the milk and milk products than would be achieved by the time and temperature controls specified in paragraph 17.1 (a); or

(c) be heat treated by being held at a temperature of not less than 62°C for a period of not less than 15 seconds, and the cheese stored at a temperature of not less than 2°C at the site of microbiological concern for a period of not less than 90 days after the day the cheese is manufactured; or

(d) subjected to such other treatment that:

(i) is specified in the approved arrangement applying to the treatment of the cheese; and

(ii) ensures the cheese produced achieves a level of food safety equivalent to that achieved for cheese prepared from milk or liquid milk products that are treated in accordance with paragraph 17.1 (a).

Note 1 For the meaning of cheese and site of microbiological concern see order 7.

Note 2 For information relating to pasteuriser standards and verification see AS 3993‑2003 Equipment for the pasteurization of milk and other liquid dairy products — Continuous flow systems.

17.2 If paragraph 17.1 (b) or paragraph 17.1 (d) applies, the applicable approved arrangement must validate that the treatment achieves the objective specified in paragraph 17.1 (b) or subparagraph 17.1 (d) (ii) (as the case may be).

Part 4 Packaging and identification

Materials and manner of packaging and identification

18.1 Packaging, tags, labels and other materials used to package or identify milk and milk products for export as food must be fit for their intended use.

18.2 The manner in which milk and milk products for export as food are packaged, tagged, labelled and identified and the packaging, tags, labels and other materials used:

(a) must not adversely affect the fitness for human consumption of the milk and milk products concerned; and

(b) in the case of packaging — must effectively protect the milk and milk products concerned from contamination in the conditions under which they are to be stored, handled, loaded and transported.

Part 5 Storage, handling and loading

Storage, handling and loading

19.1 Milk and milk products for export as food must be stored, handled and loaded in such a way that:

(a) they are protected from the likelihood of contamination; and

(b) the conditions (including humidity and atmosphere) under which they are stored, handled and loaded do not adversely affect their fitness for human consumption.

Note For temperature controls applying to storage, handling and loading see clause 7 of this Schedule.

Loading for transport

20.1 Milk and milk products for export as food must not be loaded (included loaded for export) onto a vehicle, ship, aircraft or other means of transport unless:

(a) the vehicle (including the food carrying compartment) and the container system unit; and

(b) the equipment to be used in the food carrying compartment and the container system unit; and

(c) the equipment to be used for the loading;

comply with the applicable requirements of these Orders.

Note 1 For the meaning of container system unit, loaded for export and vehicle see order 7.

Note 2 The food carrying compartment is the part or area of the vehicle, ship, aircraft of other means of transport in which milk and milk products are carried, see the meaning of food carrying compartment in order 7.

Note 3 For examples of the requirements of these Orders applying to the vehicle, food carrying compartment, container system unit and equipment referred to in this provision see clause 9 of Schedule 3 and clause 4 of Schedule 4.

Part 6 Transport

Milk and milk products must be protected during transport

21.1 Milk and milk products for export as food must be transported under temperature controls that ensure that they are maintained during transportation in accordance with the requirements of clause 7 of this Schedule.

21.2 Milk and milk products for export as food must be transported under such other conditions as are necessary to ensure that their fitness for human consumption is not adversely affected during transport.

Note For example in order to meet subclause 21.2 milk and milk products would need to be protected from pests and the likelihood of contamination during transport and should not be transported with live animals or any other thing that could contaminate the milk and milk products.

Official mark must be retained during transport

22.1 During the transport of milk and milk products for export as food any official mark applied:

(a) to the milk and milk products, their packaging or to anything containing the milk and milk products; or

(b) to any thing that is attached to:

(i) the milk and milk products; or

(ii) their packaging; or

(iii) any thing containing the milk and milk products;

must be retained intact.

Note 1 For the meaning of apply see section 3 of the Act.

Note 2 See further clause 12 of Schedule 8.

Part 7 Fitness for human consumption

Evaluation of fitness for human consumption

23.1 Establishments preparing milk and milk products for export as food must have procedures in place for evaluating the fitness for human consumption of:

(a) all milk and milk products (including returned product) received at the establishment; and

(b) all ingredients received at the establishment; and

(c) all milk and milk products prepared for export as food at the establishment.

Note This clause applies to all milk, milk products and ingredients received including those sourced from unregistered establishments and establishments to which these Orders do not apply and those that are imported.

Milk and milk products not fit for human consumption

24.1 Milk and milk products that are not fit for human consumption must:

(a) be clearly identified as not for export as food; and

(b) be segregated from and not contaminate milk and milk products for export as food; and

(c) not be loaded for export.

24.2 Milk and milk products that are not fit for human consumption must:

(a) be disposed of so that they do not contaminate milk and milk products for export as food, their ingredients or the water supply; or

(b) be treated to render them fit for human consumption.

24.3 Subclauses 24.1 and 24.2 do not apply to manufacturing grade milk and milk products or to animal food.

Manufacturing grade milk and milk products

25.1 Manufacturing grade milk and milk products must:

(a) be clearly described as manufacturing grade and not fit for human consumption (or words of similar meaning); and

(b) be segregated from and not contaminate milk and milk products for export as food.

Milk and milk products that must be dealt with as not for export as food

26.1 Milk and milk products that under these Orders must be dealt with as milk and milk products that are not for export as food must:

(a) be clearly identified as not for export as food; and

(b) be segregated from and not contaminate milk and milk products for export as food; and

(c) not be loaded for export.

Note For milk and milk products that under these Orders must be dealt with as not for export as food see subclause 11.2 of Schedule 8.

26.2 If:

(a) an export permit for milk and milk products is revoked; or

(b) the Secretary gives the occupier of the establishment at which the milk and milk products concerned are located a written notice rejecting them for export;

the milk and milk products concerned must:

(c) be clearly identified as not for export as food; and

(d) be segregated from and not contaminate milk and milk products for export as food; and

(e) not be loaded for export.

Milk and milk products not for export as food

27.1 Milk and milk products that are not for export as food must:

(a) be clearly identified as not for export as food; and

(b) be segregated from and not contaminate milk and milk products for export as food.

Animal food

28.1 Animal food must:

(a) be clearly identified as animal food and not for human consumption; and

(b) be segregated from and not contaminate milk and milk products that are for food.

Note For example, milk and milk products for animal food cannot be used as an ingredient for milk and milk products for human consumption.

Milk and milk products for export to identified markets

29.1 If milk and milk products are not eligible for export as food to all markets the following must be readily ascertainable:

(a) the countries to which the milk and milk products concerned are intended for export; and

(b) whether the importing country requirements for each of those countries that are specified in the applicable approved arrangement are met.

Note For when the approved arrangement must document controls used to ensure compliance with importing country requirements see clause 2 of Schedule 2.

Identity cards

5A.1 The Secretary may cause to be issued to an approved auditor an identity card in a form approved by the Secretary.

5A.2 If a person in possession of an identity card issued to the person under subclause 5A.1 ceases to be an approved auditor, the person must forthwith return the identity card to the Secretary or a person nominated by the Secretary.

Penal provision

When the Secretary need not approve an auditor

6.1 The Secretary need not approve the applicant as an auditor if the applicant:

(a) either alone or jointly with another person owes to the Commonwealth any amount payable to the Department; or

(b) has, in an application or other document given to the Secretary, or in a document or information required to be made or given under the Act, the Orders or a condition of the approval of the auditor made a statement that is:

(i) false, misleading, or incomplete; or

(ii) for which there is no sound basis for making the statement.

Note For the meaning of any amount payable to the Department see order 7.

Notice of decision

7.1 If the Secretary decides not to approve the applicant as an approved auditor the Secretary must give the applicant written notice of:

(a) the decision and the reasons for the decision; and

(b) the applicant’s right to apply for reconsideration of the decision.

Note For reconsideration and review of decisions made under this Schedule see Part 16 of the Export Control (Prescribed Goods — General) Order 2005 and see also orders 90 and 91 of these Orders.

Approval may be subject to conditions

8.1 The Secretary may:

(a) approve a person as an approved auditor subject to conditions specified in the notice of approval; and

(b) by written notice given to the approved auditor impose new conditions or vary or revoke the conditions.

8.2 The conditions must be for the purpose of ensuring that the matters specified in paragraphs 5.1 (a) to 5.1 (e) of this Schedule are met.

How long approval lasts

9.1 The approval of a person as an auditor takes effect on:

(a) the day specified in the notice given under subclause 5.1 of this Schedule as being the day the approval takes effect; or

(b) if no day is so specified — the day that the notice is given to the person.

9.2 However, if the auditor must pay a fee under the Export Control (Fees) Orders 2001, the approval does not begin to have effect until the fee is paid.

9.3 The approval of a person as an auditor ceases to have effect:

(a) at the end of 12 months after the day specified in subclause 9.1 as the day the approval takes effect; or

(b) when it is revoked;

which ever occurs first.

Note For revocation see clause 11 of this Schedule.

Assessing the competence of approved auditor

10.1 The Secretary may assess the competence of an approved auditor, as often as the Secretary thinks necessary.

10.2 Without limiting subclause 10.1 the assessment may include:

(a) an examination of reports made by the auditor in the course of auditing operations; and

(b) an audit of at least one operation that was audited under these Orders within the previous six months by the auditor; and

(c) observing the auditor while he or she is conducting an audit.

Division III Revocation of approval of auditor

Revocation

11.1 The Secretary may by written notice revoke the approval of a person as an approved auditor if the Secretary:

(a) is satisfied that the applicant is not a fit and proper person having regard to the matters specified in section 4.05 of the Export Control (Prescribed Goods — General) Order 2005; or

(b) has reasonable grounds to believe the person does not have the necessary knowledge, training, skills or experience to competently carry out audits of the kind for which approval is given or the person has failed to show reasonable competence in audit work; or

(c) has reasonable grounds to believe an audit conducted or an audit report prepared by the person is not objective, independent, fair, accurate or complete (and the audit report fails to give sound reasons why the audit is incomplete); or

(d) has reasonable grounds to believe the person has failed to comply with a requirement of Division II of Part 6 of these Orders or a condition of the approval of the person as an approved auditor; or

(e) has reasonable grounds to believe the person has in an application or other document given to the Secretary or in a document or information required to be made or given under the Act, the Orders or a condition of the approval of the person as an approved auditor made a statement that is:

(i) false, misleading, or incomplete; or

(ii) for which there is no sound basis for making the statement.

11.2 Without limiting the matters the Secretary may take into account for the purpose of forming a view as to the matters specified in subclause 11.1, the Secretary may take into account any real or perceived conflict of interest.

11.3 The revocation takes effect:

(a) on the day specified in the written notice of revocation given to the auditor concerned as being the day it takes effect; or

(b) if no such day is specified — when the written notice is given to the auditor concerned.

11.4 The Secretary must give the auditor concerned written notice of:

(a) the reasons for the revocation; and

(b) the auditor’s right to apply for reconsideration of the decision.

Note For reconsideration and review of decisions made under this Schedule see Part 16 of the Export Control (Prescribed Goods — General) Order 2005 and see also orders 90 and 91 of these Orders.