15Holding orders for certain food

#### 15 Holding orders for certain food Failing food on inspection or inspection and analysis (1) If: (a) an inspection, or inspection and analysis, of examinable food of a particular kind indicates the food, or a part of the food, to be failing food; or (b) the Secretary is satisfied that there are reasonable grounds for believing that food of a particular kind would, on inspection, or inspection and analysis, be so identified; the Secretary may, by writing, make a holding order: (c) stating that, until the revocation of the order, the following food must be held in a place to be approved by an authorised officer in writing, until an inspection, or inspection and analysis, required under the Food Inspection Scheme has been completed: (i) food of that kind that is imported into Australia after the making of the order; (ii) if the Secretary states that the order is being made in connection with the end of another order under subsection (3)—food of that kind that is being held immediately before the end of the other order; and (d) specifying the circumstances in which the order will be revoked. > Note: See section 35B for how an order may refer to a kind of food. (2) If the Secretary is satisfied, in respect of a holding order made under subsection (1), that the circumstances specified for its revocation have occurred, the Secretary must, by writing, immediately revoke the holding order. Food posing a serious risk to human health (3) If: (a) the Secretary is satisfied that there are reasonable grounds for believing that food of a particular kind may pose a risk to human health; and (b) the Secretary is satisfied that the risk is serious; the Secretary may, by writing, make a holding order: (c) stating that, until the order ends, food of that kind that is imported into Australia after the making of the order must be held in a place to be approved by an authorised officer in writing; and (d) stating that the order ends at the earlier of the following times: (i) at the end of the period of 28 days beginning on the day the order is made or, if that period is extended, the end of the extended period; (ii) the time when the order is revoked; and (e) specifying the circumstances in which the order will be revoked. > Note: See section 35B for how an order may refer to a kind of food. (4) The Secretary may, in writing, extend the 28‑day period referred to in subparagraph (3)(d)(i) by a further period of up to 28 days. The Secretary may make more than one extension. (5) Before making an extension, the Secretary must review the appropriateness of the order. (6) If the Secretary is satisfied, in respect of a holding order made under subsection (3), that the circumstances specified for its revocation have occurred, the Secretary must, by writing, immediately revoke the holding order. Approvals (7) Subsection (1) or (3) does not prevent an authorised officer from giving a person an approval to deal with food of a kind covered by an order under that subsection while the order is in force. Status of instruments (8) The following are not legislative instruments: (a) an order under subsection (1) or (3); (b) an instrument under subsection (2), (4) or (6). Publication of instruments (9) The Secretary must publish the following on the Department’s website: (a) an order under subsection (1), except where the order is made in connection with applicable standards relating to information on labels for packages containing food; (b) an instrument under subsection (2) that is made in relation to an order covered by paragraph (a) of this subsection; (c) an order under subsection (3); (d) an instrument under subsection (4) or (6).