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List of recommendations
Recommendation 1: The Review Committee recommends that the Act be amended in order to more clearly state its objectives. The following should be considered:
The objective of the Imported Food Control Act is to provide for the compliance of imported food with the Australian public health and food standards.
Recommendation 2: The Review Committee recommends that a new combined surveillance category be established in legislation for all foods other than risk categorised foods.
Recommendation 3: The Review Committee recommends that:
- assessment be undertaken by AQIS, in consultation with stakeholders, to determine appropriate inspection levels and strategies for risk and surveillance foods to achieve the objectives of the Act; and
- AQIS consult with stakeholders to develop and implement an assurance regime that is based on individual and collective performance in the imported food industry.
Recommendation 4: The Review Committee recommends that:
- inspection rates not be detailed in the legislation; and
- legislation specify the factors to be taken into account when setting inspection strategies and rates.
Recommendation 5: The Review Committee recommends that the legislation includes provision for imported food to be tested specifically for the purpose of policy development by ANZFA and AQIS, this testing, as now, to be funded by government.
Recommendation 6: The Review Committee recommends that AQIS investigate the use of the tariff code system with a view to achieving more focussed referrals of imported food.
Recommendation 7: The Review Committee recommends that AQIS and ANZFA allocate adequate resources to ensure operational effectiveness of the Imported Food Inspection Program.
Recommendation 8: The Review Committee recommends that suitably accredited laboratories be permitted to analyse imported food samples for both risk and surveillance categories of food.
Recommendation 9: The Review Committee recommends that AQIS provide notification of results and releases to importers for all foods tested under the Imported Food Inspection Program.
Recommendation 10: The Review Committee recommends that AQIS facilitate the development and implementation of a system to verify the validity and accuracy of test results provided by laboratories.
Recommendation 11: The Review Committee recommends that:
- the legislation specify that labelling conform to Australian requirements at the time of inspection or prior to the product leaving the importer's premises (which ever comes first);
- the legislation specify that failures for labelling should be recorded and actioned against the importer, rather than the producer;
- the use of Holding Orders against producers for minor labelling failures be discontinued; and
- AQIS, in consultation with relevant agencies and industry, develop a system to verify labelling compliance of imported foods, post border.
Recommendation 12: The Review Committee recommends that AQIS continue the current policy of release on sampling for non-risk categorised foods.
Recommendation 13: The Review Committee recommends that legislation be amended to permit AQIS to expand the use of certification agreements with other countries' food inspection authorities and that it build more rigour into the present certification system, by provision for:
- review of agreements every three years;
- linking on-site audits to the country's compliance history;
- improved flexibility in relation to inspection rates, including removing them from the legislation (as in Recommendation 4); and
- adoption of an appropriate charging structure to minimise cross-subsidisation, while encouraging uptake of certification.
Recommendation 14: The Review Committee recommends that:
- legislation be amended to clearly allow AQIS to enter into compliance agreements with importers based on approved quality assurance-type arrangements;
- AQIS develop a compliance agreement option that includes specifications for importers, and auditing functions consistent with other inspection systems' functions conducted by AQIS;
- the compliance agreement option has the ability to cover the entire production chain and, where appropriate, the transport chain; and
- overseas suppliers be encouraged to enter into approved quality assurance arrangements with AQIS by permitting these arrangements, where appropriate, to be sourced from the importer's own QA systems.
Recommendation 15: The Review Committee recommends that AQIS investigate and institute changes to AIMS that would ensure effective administration of IFIP, including:
- databases that are accurate;
- reporting modules which provide information relevant to management requirements;
- reporting modules with improved flexibility to meet the need for queries and for changes to requirements; and
- a system which provides information to support field activities.
Recommendation 16: The Review Committee recommends that AQIS define, develop and use performance indicators to ensure efficient and effective program delivery.
Recommendation 17: The Review Committee recommends that a competency-based, comprehensive training program, co-ordinated by a National IFIP Training Officer, be developed and delivered to all officers undertaking IFIP inspections.
Recommendation 18: The Review Committee recommends that a comprehensive review of all regional IFIP operations be undertaken as soon as practical to identify and rectify present inconsistencies while the training package is being developed, and that monitoring of the quality of service should be an on-going function.
Recommendation 19: The Review Committee recommends that:
- legislative sanctions should be reviewed for effectiveness, appropriateness and conformity with the Criminal Code Act 1995;
- the size of the penalty be struck with reference to analogous legislation (eg, State Food Acts, Quarantine Act 1908, etc), via the normal process of consultation with the drafters and the relevant areas in Attorney-General's;
- appropriate sanctions be developed with the introduction and extension of certification and approved quality assurance arrangements; and
- legislative sanctions have a proper legislative basis and suitable avenues of appeal and redress, and that they are transparent, and imposed in an accountable manner.
Recommendation 20: The Review Committee recommends that a formal Memorandum of Understanding or service level agreement with the Australian Customs Service be established for imported foods.
Recommendation 21: The Review Committee recommends that AQIS, together with ANZFA, reform the current consultative committee for the imported food program with a view to making it consistent with the consultative arrangements for its other programs, ensuring shared responsibility, transparency in decision making, broad based representation and full consultation among stakeholders.
Recommendation 22: The Review Committee recommends that AQIS develop and implement a communications strategy that:
- provides all stakeholders with timely and detailed information;
- provides transparency in imported foods policy and operations;
and that AQIS, in co-operation with other agencies:
- develop an overview booklet for food importers containing details of all relevant agencies and their requirements; and
- establish an inter-agency "shopfront" facility to disseminate information about the responsibilities of the various government agencies involved in food importing.
Recommendation 23: The Review Committee recommends that, in line with considerations described in this Report, the Imported Food Control Act 1992 be retained, with:
- timely amendment of legislation consistent with Recommendations 1, 2, 4, 5, 11, 13, 14 and 19; and
- enhancement of administrative processes supporting the legislation consistent with the other recommendations in this Report.