16Rates of inspection for risk food

16 Rates of inspection for risk food

(1) Subject to this section, for the purposes of paragraph 16(2)(b) of the Act, all risk food is subject to one of the following rates of inspection or inspection and analysis: (a) tightened—under which each consignment from a particular source is inspected or inspected and analysed; (b) normal—under which 25% of consignments from a particular source are selected randomly for inspection or inspection and analysis; (c) reduced—under which 5% of consignments from a particular source are selected randomly for inspection or inspection and analysis. Risk food where emerging risk to human health (2) For the purposes of paragraph 16(2)(ba) of the Act, the Secretary may make an order that, in respect of risk food of a specified kind: (a) a specified percentage of consignments of food of that kind must be inspected or inspected and analysed; and (b) a specified rate of samples must be taken for inspection from food of that kind.

Note: See section 35B of the Act for how an order may refer to a kind of food.

(3) The Secretary may make an order under subsection (2) only if the Secretary is satisfied in relation to food of that kind: (a) that there may be an emerging risk to human health; and (b) that the best available scientific evidence to the Secretary is insufficient to enable the conduct of an accurate assessment of the risk; and (c) that the risk needs to be further investigated. (4) An order under subsection (2) must specify the period during which the order is in force, which must not be more than 6 months after the day on which the order is made. (5) An order under subsection (2) ends at the earlier of the following times: (a) at the end of the period specified in the order; (b) the time when the order is revoked. (6) Before an order ends under paragraph (5)(a), the Secretary must review the appropriateness of the order. Risk food imported from a country with equivalent food safety system (7) For the purposes of paragraph 16(2)(bb) of the Act, the Minister may make an order that in respect of risk food imported from a specified country: (a) a specified percentage of consignments of all such food must be inspected or inspected and analysed; or (b) a specified percentage of consignments of all such food, except food of a specified kind, must be inspected or inspected and analysed; or (c) a specified percentage of consignments of food of a specified kind must be inspected or inspected and analysed.

Note 1: The percentage specified in an order under subsection (7) must be less than 5% (including zero): see subsection 16(2A) of the Act.

Note 2: Subsection 16(2B) of the Act provides that the Minister may make an order in relation to a particular country only if the Minister is satisfied that there is in force an agreement between Australia and that country of the kind referred to in that subsection.