These Orders are the Export Control (Rabbit and Ratite Meat) Orders 1985.
2 Commencement
These Orders shall come into operation on 29 April 1985.
3 Incorporation with Prescribed Goods (General) Orders
These Orders shall be read as one with the Export Control (Prescribed Goods—General) Order 2005.
4 Application
4.1 These Orders apply to the following goods:
(a) rabbit meat;
(b) rabbit meat products;
(c) ratite meat;
(d) ratite meat products.
4.1A However, these Orders do not apply to goods to which the Export Control (Wild Game Meat and Wild Game Meat Products) Orders 2010 apply.
4.2 Goods to which these Orders apply are declared to be prescribed for the purposes of the definition of prescribed goods in section 3 of the Export Control Act 1982.
5 Interpretation
5.1 In these Orders, unless the contrary intention appears:
Act means the Export Control Act 1982.
Australian Rabbit Meat Standard means the Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption (AS 4466:1997), as in force on 1 December 2010.
Australian Ratite Meat Standard means the Australian Standard for Hygienic Production of Ratite (Emu/Ostrich) meat for Human Consumption (AS 5010:2001), as in force on 1 December 2010.
edible means suitable for human consumption.
exotic disease means:
(a) African swine fever;
(b) classical swine fever or hog cholera;
(c) foot and mouth disease;
(d) swine vesicular disease;
(e) vesicular exanthema; and
(f) vesicular stomatitis.
General Order means the Export Control (Prescribed Goods—General) Order 2005.
importing country requirement, for a particular country, means a requirement that must be met before prescribed goods may be imported into the country from Australia.
prescribed goods means goods declared to be prescribed goods under suborder 4.2.
prescribed tag means a tag containing the trade description details specified in Schedule 2 of these Orders.
rabbit includes a hare.
rabbit meat means a part of a rabbit that is intended for human consumption.
rabbit meat product means a food that has been processed beyond boning, slicing or trimming, other than soup, that is suitable for human consumption, being a food that:
(a) has been prepared from rabbit meat; or
(b) contains in excess of 5% by mass of rabbit meat.
ratite means an emu, ostrich or other species of flightless bird.
ratite meat means a part of a ratite that is intended for human consumption.
ratite meat product means a food that has been processed beyond boning, slicing or trimming, other than soup, that is suitable for human consumption, being a food that:
(a) has been prepared from ratite meat; or
(b) contains in excess of 5% by mass of ratite meat.
Note: A number of expressions used in these Orders are defined in section 3 of the Act, including the following:
5.3 In these Orders, the words “Penal provision” at the foot of a provision indicate that the provision is a penal provision for the purposes of subregulation 4(1) of the Export Control (Orders) Regulations 1982.
5.4 If a provision mentioned in suborder 5.3 specifies that it is a penal provision of a particular level, the applicable penalty is the penalty specified in the table in paragraph 4(1)(b) of the Export Control (Orders) Regulations 1982.
Note: The offence created by a penal provision is one of strict liability. See subregulation 4(2) of the Export Control (Orders) Regulations 1982.
5A Application of Orders to ratite meat and ratite meat products
A condition or restriction specified by an export control order (including these Orders) applies to ratite meat and ratite meat products only to the extent that a condition or restriction of that kind is required to be complied with by the country to which the ratite meat or ratite meat products are to be exported.
Part 2—Registered establishments
6 Preparation in registered establishment
Prescribed goods to which these Orders apply shall be prepared in a registered establishment except that rabbits may be partly eviscerated before they are brought to an establishment.
6AA Requirements for registered establishments
6AA.1 A person who wishes to apply for registration of an establishment for the preparation or inspection of prescribed goods within the meaning of these Orders must comply with Schedule 3.
Note 1: Applications for registration are made under Part 4 of the General Order.
Note 2: Section 3 of the Export Control Act 1982 contains a definition of preparation in relation to prescribed goods.
6AA.2 A registered establishment must be operated in accordance with Schedule 3.
Note 1: The occupier of a registered establishment must also comply with the applicable Australian Standards (see order 7).
Note 2: A failure to comply can lead to suspension or cancellation of registration (see Part 4 of the General Order).
6AB Importing country requirements
The occupier of a registered establishment must ensure that prescribed goods prepared for export for food at the establishment comply with relevant importing country requirements.
6AC Transport of prescribed goods
6AC.1 Prescribed goods may be transported between registered establishments only in accordance with orders or instructions from an authorised officer.
6AC.2 If prescribed goods are transported to another registered establishment where the export permit is to be issued, a transfer certificate for the goods may be issued by an authorised officer in a form approved by the Secretary.
6AC.3 Goods being transported in accordance with this section are taken to be in a registered establishment.
6AD Records of dates of packaging
If prescribed goods originate from different registered establishments and are repacked at another registered establishment, the occupier of that other registered establishment must keep, for at least 2 years, a record of:
(a) the packing dates; and
(b) the establishments at which the goods were originally packed.
Note: See clause 3 of Schedule 3 for record keeping requirements to be met by an occupier of a registered establishment.
6A Separate registration
An establishment that is intended to be used to dress rabbits shall be registered only for that operation and shall not be concurrently registered for an operation that includes the preparation (other than storage) of prescribed goods to which the Export Control (Meat and Meat Products) Orders 2005 or the Export Control (Wild Game Meat and Wild Game Meat Products) Orders 2010 apply.
7 Compliance with Australian Standards, etc
The occupier of a registered establishment preparing prescribed goods to which these Orders apply must comply with the requirements specified in order 7A and:
(c) if the prescribed goods are ratite meat or ratite meat products—the Australian Ratite Meat Standard; or
(d) if the prescribed goods are rabbit meat and rabbit meat products—the Australian Rabbit Meat Standard.
Part 3—Conditions or restrictions
8 Conditions or restrictions to be complied with
8.1 For the purposes of subsection 7(1) of the Act, the export of prescribed goods to which these Orders apply is prohibited unless the conditions or restrictions specified in these Orders and:
(c) if the prescribed goods are ratite meat or ratite meat products—the Australian Ratite Meat Standard; or
(d) if the prescribed goods are rabbit meat and rabbit meat products—the Australian Rabbit Meat Standard;
are complied with.
8.2 Suborder 8.1 does not limit the operation of the Export Control (Prescribed Goods—General) Order 2005 in relation to prescribed goods to which these Orders apply.
Part 4—Application of official marks and other stamps
9 Official mark to be applied
Where prescribed goods have been prepared under the supervision of an authorised officer, inspected by an authorised officer and passed for export, an official mark, the design of which is specified in Part 13 of the Export Control (Prescribed Goods—General) Order 2005, shall be applied to the outside of a carton, barrel or cask into which the goods are packed.
10 Optional application of official mark
Subject to order 9, where prescribed goods have been:
(a) derived from a carcase that has been subjected to a public health inspection by;
(b) prepared under the supervision of; and
(c) passed for export by;
an authorised officer, an official mark, the design of which is specified in Part 13 of the Export Control (Prescribed Goods—General) Order 2005 as amended, may be applied to:
(f) an intermediate package into which the goods are packed;
(g) a tag placed in an outer carton into which the goods are packed;
(h) a tag affixed to a container system unit into which the goods are packed; or
(i) a seal in accordance with order 15.
11 Application of stamp to prescribed goods not prepared under supervision
Where prescribed goods do not comply with paragraphs 10(a) and (b), but have been:
(c) passed for export by an authorised officer; and
(d) packed in a carton or other covering;
the outside of the carton or other covering shall be stamped by, or at the direction of, an authorised officer with an inspection stamp in accordance with the design specified in the Schedule 1.
12 Legibility and fixing of official mark etc
An:
(a) official mark referred to in order 9 or 10; or
(b) inspection stamp referred to in order 11;
shall be applied so that it is legible and affixed in a reasonably permanent manner.
13 Means of applying official mark to surface of prescribed goods
Where an official mark referred to in order 9 or 10 is applied directly to the surface of prescribed goods, the mark shall be applied by means of:
(a) a thermal process;
(b) a food grade dye approved by the Secretary; or
(c) any other method approved by the Secretary.
Part 5—Prescribed tag
14 Information to be included on tag
For the purposes of these Orders, a prescribed tag shall contain:
(a) the official mark, the design of which is specified in Part 13 of the Export Control (Prescribed Goods—General) Order 2005;
(b) the date of packaging;
(c) the name, or the name and logo, of the producer, exporter or consignee;
(d) the word ‘Australia’; and
(f) the net mass of the prescribed goods.
Part 6—Sealing of cartons
15 Carton sealing for importing country
Where the occupier of a registered establishment wishes to seal a carton into which prescribed goods are packed to satisfy the requirements of an importing country authority, the seal shall:
(a) be made from treated paper or other suitable material that will withstand normal commercial storage and transport conditions;
(b) be white in colour and may contain a serial number or other details required by the importing country authority;
(c) firmly adhere to the carton;
(d) have the following dimensions:
(i) length—not less than 125 mm and not more than 160 mm;
(ii) width—not less than 45 mm and not more than 75 mm; and
(e) be applied in accordance with the requirements of the importing country authority;
and the authorised officer supervising the packing may permit the application to the seal of an impression of an official mark, the design of which is specified in Part 13 of the Export Control (Prescribed Goods—General) Order 2005, in such a manner as the occupier requests to meet the requirements of that importing country authority.
Part 7—Sealing of means of transport, container system units, ships, establishment and samples
21 Sealing of container system units
21.1 Where prescribed goods are loaded into a container system unit and the unit is held on a registered establishment for the purpose of storing the goods, the container system unit shall:
(a) be sealed with an official mark, the design of which is specified in Part 13 of the Export Control (Prescribed Goods—General) Order 2005; and
(b) not be removed from the establishment if it contains prescribed goods until the unit has been sealed in accordance with suborder 21.2.
21.2 Where prescribed goods are loaded into a container system unit (other than a unit intended for carriage by an aircraft) and the unit is transported from a registered establishment, that unit shall be sealed with an official mark, the design of which is specified in Part 13 of the Export Control (Prescribed Goods—General) Order 2005.
22 Sealing of ships etc
On request, a:
(a) hold, locker or access port of a ship; or
(b) cask or barrel;
containing prescribed goods may be sealed with an official mark, the design of which is specified in Part 13 of the Export Control (Prescribed Goods—General) Order 2005.
23 Sealing of establishment
The Secretary may require a registered establishment, or a part thereof, to be sealed with an official mark, the design of which is specified in Part 13 of the Export Control (Prescribed Goods—General) Order 2005, in accordance with directions given by the Secretary.
24 Sealing of samples
Where there is a need to ensure the security of samples, the covering in which the samples are transported to a laboratory for examination may be sealed with an official mark the design of which is specified in Part 13 of the Export Control (Prescribed Goods—General) Order 2005.
25 Application of seals
Official marks referred to in order 21, 22, 23 or 24 shall be applied in accordance with directions issued by the Secretary.
26 Seals not to be broken
Subject to order 27, where an official mark has been applied for the purpose of order 21, 22, 23 or 24, it shall be a contravention of these Orders if a person other than:
(a) an authorised officer;
(b) a person directed by an authorised officer; or
(c) in the case of a mark applied for the purposes of order 24—an approved analyst;
interferes with the official mark.
27 Breakage of seals during transport
Where official marks have been applied for the purpose of order 21 and the means of transport or container system unit arrives at its destination within Australia with the official mark broken, the prescribed goods shall be:
(a) retained under security by an authorised officer; and
(b) re‑examined and disposed of in accordance with directions given by the Secretary;
and the authorised officer shall investigate the breakage and submit a report to the Secretary through the regional office.
Part 8—Date marking
28 Prescribed goods to be date marked
Prescribed goods shall have the date of packaging applied in clear to:
(a) in the case of goods packed in an outer carton or other outer covering, other than a bag—the outer carton or other outer covering, and that date shall be the same as the date or code that appears on any intermediate packaging including cans;
(b) in the case of goods packed in a bag—the prescribed tag or other tag; and
(c) in the case of goods packed in a can—the can end, by indelible means or embossing, and where a date code has been approved by the Secretary, this may be used instead of the in‑clear date.
29 Date of packaging
For the purposes of order 28, the date of packaging shall be:
(a) in the case of prescribed goods that have undergone preservation by refrigeration only—the date of first packaging;
(b) in the case of prescribed goods, other than canned goods, that have been manufactured or undergone heat treatment—the date on which the manufacture or heat treatment is completed; and
(c) in the case of prescribed goods that are canned—the date on which the can is closed.
30 Code to be approved when used
Where a code is used to indicate the date of packaging under paragraph 28(c), the occupier of a registered establishment shall:
(a) use an approved code issued by the Secretary; or
(b) where the occupier desires to use a different code, submit the code to be used to the Secretary for approval and not use the code until written approval has been received.
Penal provision
31 Design of date of packaging other than for cans
Except in the case of cans, the date of packaging applied under order 28 shall consist of the words ‘PACKED ON’ or the letters and word ‘PKD ON’ followed by the date, and shall be in:
(a) capital letters and numbers at least 5 mm high; and
(b) the form of 1 or 2 digits representing the day of the month, followed by the first 3 letters in the name of the month or the name of the month in full, followed by 4 digits representing the year or 2 digits representing the last 2 numbers of the year.
32 Legibility of date of packaging
The date of packaging applied under order 28 shall be legible and shall be affixed in a reasonably permanent manner.
33 Altering or interfering with date of packaging prohibited
The date of packaging applied under order 28 shall not be altered or interfered with.
Penal provision
34 Expiry date or shelf life
34.1 Subject to suborder 34.2, where an expiry date or a statement as to the expected shelf life of prescribed goods is applied in addition to the date of packaging the:
(a) expiry date shall be preceded by words or abbreviations of words that clearly indicate its intent; or
(b) shelf life statement shall clearly convey its intent.
34.2 Where the prescribed goods have been preserved by refrigeration only, the maximum period that shall be indicated by the expiry date or shelf life statement is:
(a) in the case of chilled ratite meat—14 days from the date of chilling;
(b) in the case of chilled rabbit meat—14 days from the date of dressing and chilling; or
(c) in the case of frozen goods—18 months from the date of packaging.
Part 9—Exotic disease
36 Notification of State or Territory authorities
Where there are reasonable grounds to believe that an exotic disease is present at a registered establishment, the competent authority of the State or Territory in which the establishment is located shall be immediately notified in accordance with the law of that State or Territory.
37 Procedures to be implemented
Where there are reasonable grounds to believe that an exotic disease is present at a registered establishment, the following procedures shall be implemented:
(a) access to the establishment shall be controlled;
(b) the movement of prescribed goods, other goods, vehicles, guard dogs and persons off the establishment shall be prohibited;
(c) the movement of prescribed goods, other goods and vehicles within the establishment shall cease;
(d) action shall be put in train to determine the:
(iii) identity and location of all prescribed goods and other goods on the establishment;
(e) all dressing operations shall immediately cease;
(f) the carcase and parts of all carcases that have not been subjected to post‑mortem inspection shall be inspected;
(g) all affected carcases and their parts shall be identified and held so that any interference is prevented;
(h) access to prescribed goods and other goods held on the establishment shall be secured;
(i) all personnel who might have been exposed to the affected carcases or their parts shall be identified and confined to their work station until such time as provision can be made for the:
(i) seizure and disinfection of equipment and apparel that may have been contaminated; and
(ii) controlled decontamination or the persons of such personnel;
(j) water use on the establishment shall be kept to a minimum;
(k) any other procedures required by the competent authority in the State or Territory in which the registered establishment is located.
38 Procedures to be maintained until advised otherwise
The procedures under order 37 shall be maintained until the competent authority in the State or Territory in which the registered establishment is located advises that they may be discontinued or that authority takes control.
39 Obligations of occupier of registered establishment
For the purposes of implementing the procedures under order 37, the occupier of a registered establishment shall have in place arrangements that shall:
(a) ensure that all the procedures can be put into effect without delay;
(b) ensure that all directions given by an authorised officer are implemented without delay;
(c) provide ready access to a telephone;
(d) maintain a system of inventory giving detailed information as to the:
(ii) origin of prescribed goods and other goods and their location on the establishment;
(iii) destination of prescribed goods and other goods that have left the establishment; and
(e) provide any other assistance or information that an authorised officer requests.
Part 10—Export certification and trade descriptions
40 Ante and Post Mortem Certification
Where ratites from which ratite meat or ratite meat products are derived, have undergone ante and post mortem inspection, an authorised officer may issue to the occupier of the establishment or the person intending to export the goods, a certificate attesting to the inspection which shall be in writing in a form approved by the Secretary.
41 Requirements to be complied with
A trade description as set out in Column 3 of Schedule 2 to these Orders in relation to prescribed goods of a kind shown in Column 1 of Schedule 2, shall be applied to prescribed goods of that kind.