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Export Control (Poultry Meat and Poultry Meat Products) Rules 2021
1‑5 Definitions1‑5 Definitions
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#### 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.
> animal food means:
(a) a part of any poultry or a poultry meat product to which a disposition has been applied enabling it to be recovered for use as food for animals; or
(b) inedible material for use as food for animals.
> applied, in relation to an official mark, has the meaning given by subsection 8‑19(1).
> Note: For applied, in relation to a trade description, see section 247 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.
> assessment of poultry meat or poultry meat products means an assessment of poultry meat or poultry meat products under Part 2 of Chapter 9 of the Act.
> Note: See also Part 2 of Chapter 9 of this instrument.
> Australian Poultry Meat Standard means Australian Standard AS 4465:2005, Australian Standard for Construction of Premises and Hygienic Production of Poultry Meat for Human Consumption, as that Standard exists at the commencement of this instrument.
> batch, in relation to poultry meat or poultry meat products, means an identifiable quantity of poultry meat or poultry meat products of the same kind produced under essentially the same conditions and during the same period of time (not exceeding 24 hours).
> carcase means the whole dressed body of slaughtered poultry (the skeleton and attached musculature), excluding any part that has been removed from the dressed body (such as the head, feathers, viscera and blood).
> carcase part means any tissue or structure removed from a carcase and includes the head, viscera, offal and blood.
> carton includes a case, crate and barrel.
> 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.
> date of packaging, for packaged poultry meat or poultry meat products, means:
(a) for further processed poultry meat products (other than canned poultry meat products):
(i) unless subparagraph (ii) applies—the date the further processing is completed; or
(ii) if the further processing is carried out during a working shift that starts on a day and ends on the following day—the date the shift started; or
(b) for canned poultry meat products:
(i) unless subparagraph (ii) applies—the date the cans are closed; or
(ii) if the canning is carried out during a working shift that starts on a day and ends on the following day—the date the shift started; or
(c) for any other packaged poultry meat or poultry meat products:
(i) unless subparagraph (ii) applies—the date the first packaging was completed; or
(ii) if the first packaging is carried out during a working shift that starts on a day and ends on the following day—the date the first packaging started.
> dressing, in relation to poultry, means the progressive separation of the body of the poultry into a carcase, offal and inedible material.
> equipment means a machine, instrument, apparatus, utensil, container or other thing used or for use in connection with producing, preparing or transporting poultry meat or poultry meat products (including any thing used or for use for inspection, maintenance or cleaning), but does not include a poultry meat transport vehicle.
> essential services includes:
(a) water, gas and electricity; and
(b) sewerage, drainage and waste disposal systems.
> exporter of prescribed poultry meat or poultry meat products means:
(a) the applicant for an export permit for the poultry meat or poultry meat products; or
(b) if an export permit has been issued for the poultry meat or poultry meat products—the holder of the export permit.
> facilities includes hygiene and sanitation facilities.
> further process, in relation to poultry meat or poultry meat products, means a process that alters the physical or chemical characteristics of the poultry meat or poultry meat products.
> 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 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).
> HACCP plan means a plan that meets the requirements for HACCP plans specified in the Australian Poultry Meat Standard.
> Note 1: See clause 14 of the Australian Poultry Meat Standard.
> Note 2: For guidance, see the Codex requirements for HACCP plans which set out the following 7 principles: conduct a hazard analysis; identify critical control points; establish critical limits; establish monitoring procedures; establish corrective actions; establish verification procedures; keep records. A flow chart may be used.
> humane treatment means treatment not inconsistent with the Model Code of Practice for the Welfare of Animals: Livestock at Slaughtering Establishments published by CSIRO Publishing, as that document exists at the commencement of this instrument.
> Note: This document could in 2021 be viewed on CSIRO Publishing’s website (https://www.publish.csiro.au).
> inedible material means poultry meat or poultry meat products that are normally regarded as of a kind that is not fit for human consumption.
> ingredient means a substance (including a food additive) that is:
(a) a constituent of:
(i) poultry meat; or
(ii) poultry meat products (including raw materials); or
(b) a processing aid for poultry meat or poultry meat products.
> 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.
> loaded for export has the meaning given by section 1‑6.
> meat inspection position means a position that:
(a) is occupied by a Commonwealth authorised officer; and
(b) is allocated under Part 6 of Chapter 4 to an establishment for the purposes of undertaking meat inspection services at the establishment.
> meat inspection service means an assessment of poultry meat or poultry meat products under Part 2 of Chapter 9 of the Act.
> 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.
> 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.
> offal, in relation to poultry, means any of the organs of the thoracic and abdominal cavities of the poultry.
> pharmaceutical material means:
(a) a part of any poultry or a poultry meat product to which a disposition has been applied enabling it to be recovered for pharmaceutical use; or
(b) inedible material for pharmaceutical use.
> 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).
> poultry has the same meaning as in the Australian Poultry Meat Standard.
> Note: Poultry includes fowl, ducks, geese, turkeys, pigeons, pheasants, quail, guinea fowl and other avian species ordinarily consumed as food, but does not include ratites (emu or ostrich) (see clause 2 of the Australian Poultry Meat Standard).
> poultry meat has the same meaning as in the Australian Poultry Meat Standard.
> poultry meat extract means a poultry meat product that:
(a) is derived from poultry meat that has been passed as fit for human consumption; and
(b) does not contain any non‑meat proteins or additives; and
(c) does not contain more than 25% moisture by analysis.
> poultry meat product means a product containing poultry meat.
> poultry meat transport vehicle means a conveyance that is used to transport or transfer prescribed poultry meat or poultry meat products and includes the poultry meat carrying compartment of the conveyance.
> prescribed poultry meat means poultry meat that is prescribed goods under Division 1 of Part 1 of Chapter 2.
> prescribed poultry meat and poultry meat products means poultry meat and poultry meat products that are prescribed goods under Division 1 of Part 1 of Chapter 2.
> prescribed poultry meat or poultry meat products means poultry meat or poultry meat products that are prescribed goods under Division 1 of Part 1 of Chapter 2.
> prescribed poultry meat products means poultry meat products that are prescribed goods under Division 1 of Part 1 of Chapter 2.
> primary bleeding means the initial and major part of bleeding that follows incisions made to initiate exsanguination and is characterised by a continuous flow of blood.
> 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 poultry meat or poultry meat products.
> relevant importing country authority means the authority or body that is responsible for regulating the importation of poultry meat or poultry meat 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.
> shelf‑stable: poultry meat or poultry meat products are shelf‑stable if the poultry meat or poultry meat products can be safely stored and handled at ambient temperature.
> slaughter means killing and includes stunning, sticking and bleeding.
> tallow means rendered fat or oil extracted from animal tissue.
> 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).
> 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.
> wholesome has the same meaning as in the Australian Poultry Meat Standard.