Imported Food Inspection Scheme
AQIS helps protect Australia's food producers by managing the risk of exotic pests and diseases entering the country. It also inspects imported food to check it meets Australian requirements for public health and safety and compliance with Australian food standards as detailed in the Australia New Zealand Food Standards Code (the Code). The Code applies to all foods for sale including those manufactured in Australia.
The legal basis for the food safety inspection of imported food is the Imported Food Control Act 1992 and the applicable standards under the Act are those set down in the Code. Under the Act, importers are responsible for ensuring that all food imported into Australia complies with relevant standards in the Code.
This legislation allows AQIS to run a food safety inspection program known as the Imported Food Inspection Scheme (IFIS). Foods are referred to AQIS for inspection under the IFIS by the Australian Customs Service (Customs) based on internationally agreed tariff codes.
Summaries of data from inspections, including the results of analytical testing, are publicly available.
In addition to AQIS's role in imported food testing, the state and territory jurisdictions also have responsibility for ensuring that all food, including imported food, meets the requirements of the Code at the point of sale. Foods failing to meet the requirements of the Code must be re-exported, destroyed, treated where possible or downgraded.
Risk foods
Food Standards Australia New Zealand (FSANZ) is responsible for the determining the risk food poses to public health and safety following a food safety risk assessment. FSANZ categorises food as 'risk' if it has the potential to pose a medium to high risk to public health. FSANZ advise AQIS of the risk category for food, which determines the frequency with which it will be inspected and the appropriate testing regime.
Risk food is referred to AQIS by Customs at a rate of 100 per cent of consignments. Risk food is initially inspected and tested at a rate of 100 per cent against a published list of potential hazards—including micro-organisms and contaminants. Once five consecutive consignments have passed inspection, the inspection rate is reduced to 25 per cent; after a further 20 consecutive passes, the inspection rate is reduced to 5 per cent.
Risk foods are subject to 'test and hold' direction and are not released for sale until test results are known. Consignments of risk food which fail inspection and therefore do not meet Australian standards cannot be imported. These foods must be brought into compliance otherwise the food will be re-exported or destroyed.
Any consignments that fail result in a return to 100 per cent testing of that product until a history of compliance is re-established for the producer of the food.
Surveillance foods
All other foods are considered to pose a low risk to human health and safety and are referred by Customs at the rate of 5 per cent of consignments for inspection by AQIS for compliance with Australian food standards. These foods are referred to as 'random surveillance foods'. Analyses applied to these foods include those for pesticides and antibiotics above accepted levels, microbiological contaminants, natural toxicants, metal contaminants and food additives.
The random selection and referral process for surveillance food is based on probability. Information such as the importer, producer or the country of origin of the goods does not change the random selection that occurs when Customs refers a surveillance food to AQIS. This ensures that the referral process is fair and balanced. There is the possibility that an importer that regularly imports similar consignments of random surveillance foods (i.e. goods in the random tariff groupings) will increase the chance of having these consignments referred under the random profile. Customs has more information about the random referral process.
As the random surveillance foods are considered to be low risk, they are subject to a 'test and release' direction and can be distributed for sale before test results have been received. However, if AQIS receives adverse test results, the relevant state or territory food regulatory authority is advised so they can determine if a recall is required. Any action, such as a recall or withdrawal taken on goods released by an importer is at the importer's expense.
The inspection rate for surveillance food that fails inspection is also increased to 100 per cent until a history of compliance is established for the producer or importer of the food. The process for increasing inspection of surveillance food is referred to as applying a Holding Order. A holding order remains in place until favorable test results are received. Following five consecutive passes, the rate of referral returns to 5 per cent of consignments.
Another category of food is 'active surveillance food', however, since March 2007 no food has been placed in this category by FSANZ.
What happens during an inspection?
When a consignment of imported food has been referred to AQIS for inspection, the inspection will involve a visual/label assessment and may also include sampling the food for the application of analytical tests. Types of tests applied to imported food.
There are many standards in the Code, and it is not practicable to inspect against all standards, particularly for low risk foods. AQIS inspects imported foods against a selection of standards but not all standards.
The tests applied may change from year to year so that AQIS may inspect compliance against different standards over time. There are some exceptions where, following a risk assessment of the food, FSANZ advise AQIS of additional tests to be applied to specific risk category food.