Date of issue: 26 July 2021
Date of effect: Immediate
Attention:
All establishments registered with the department for the preparation (including storage, handling and loading) of fish, eggs or milk for export as food.
Purpose
To notify dairy, eggs and fish registered establishments of the change to legislation that occurred on 28 March 2021 and the requirements for documents referring to the applicable export legislation.
Summary of key points
- The Export Control Act 2020 (the Act) and the associated commodity rules came into effect on 28 March 2021.
- The Export Control Act 2020 replace the Export Control Act 1982.
- The following Rules replace the Export Control commodity Orders 2005:
Export Control (Milk and Milk Products) Rules 2021
Export Control (Fish and Fish Products) Rules 2021
Export Control (Eggs and Egg Products) Rules 2021
What do I need to know?
- There have been no major changes to the legislative or operational requirements that must be met by establishments preparing or storing milk, eggs and fish for export as food.
- Future Industry Advice Notices will provide details of minor changes.
- The way the new export legislation is structured has changed. The requirements for registration for all registered establishments are now detailed in the Act.
- The commodity Rules provide details of the specific requirements applicable to each commodity, including details of the controls in place at the establishment and what must be documented in the approved arrangement.
- For consistency with the new legislation, departmental procedures and website materials have been revised and updated to refer to the new legislation.
What do I need to do?
- Make sure you are familiar with the location and structure of the new Rules applicable to your commodity. Scheduled audits of your establishment will make reference to the new legislation.
- Review your approved arrangement and associated documents and forms that may make reference to the previous Act and or Orders.
When do I need to do all this by?
- While there is no legislative requirement to include references to the legislation in your approved arrangement, you should review your arrangement at least annually to make sure your documents remain current and cross-references to legislation are accurate.
- If your approved arrangement provides for the making of declarations when transferring eggs, fish, or milk to another registered establishment, or making declarations when these goods are exported, you will need to update the wording of the declarations you make as soon as possible, as these refer directly to your compliance with the current legislation
- For milk, eggs and fish, details of what must be included in declarations can be found in the commodity Rules at:
- Chapter 5, Part 2, Division 8 – Transfer
and - Chapter 7, Part 4 – Applications for export permits, 7-10 – Documents to accompany application
- Chapter 5, Part 2, Division 8 – Transfer
Further information
Contact Dairy Eggs Fish if you have any questions regarding this IAN.
The information provided in this advice is current at the time of writing and is intended for use as guidance only and should not be taken as definitive or exhaustive. The Commonwealth endeavours to keep information current and accurate, however, it may be subject to change without notice. Exporters are encouraged to verify these details with their importers prior to undertaking production/exports. The Commonwealth will not accept liability for any loss resulting from reliance on information contained in this notice.