Imported Food Control Regulations 2019
19Holding risk food that is subject to inspection
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19 Holding risk food that is subject to inspection
(1) For the purposes of paragraph 16(2)(h) of the Act, if samples of a consignment (the current consignment) of a kind of risk food are selected for inspection or inspection and analysis, then, until the results of the inspection, or inspection and analysis, are known, the rest of the current consignment must, subject to this section, be held at a place that an authorised officer considers appropriate. Exception—agreement or certificate (2) The rest of the current consignment is not required to be so held if that consignment is covered by: (a) an agreement referred to in subsection 16(2B) of the Act; or (b) a recognised foreign government certificate; or (c) a recognised quality assurance certificate. Exception—perishable food (3) If: (a) 5 previous consignments of that kind of risk food have been inspected or inspected and analysed; and (b) an imported food inspection advice has been issued in respect of each of those consignments and none of those advices identifies any of the food as failing food; and (c) an authorised officer is satisfied that, if the rest of the current consignment were to be held under subsection (1), the food would perish or become unusable; an authorised officer may give the owner of the current consignment an approval to deal with the rest of the current consignment in the manner specified in the approval, subject to any conditions specified in the approval relating to minimising or overcoming any risk to human health posed by the food.
Note: Sections 9 and 9A of the Act contain offences and civil penalties relating to the dealing with food in a manner not approved by an authorised officer.
Offence (4) A person commits an offence if: (a) an authorised officer gives the person an approval under subsection (3); and (b) the person does an act or omits to do an act; and (c) the act or omission breaches a condition specified in the approval.
Penalty for contravention of this subsection: 10 penalty units.