19 January 2021
This Industry Advice Notice (IAN) is to provide guidance to industries and exporters about the documentation requirements to apply for letters of free sale from the Department of Agriculture, Water and the Environment (the department). A letter of free sale are sometimes required for registering non-prescribed goods with an importing country authority prior to export.
Summary of changes and key points
In recent years, the number of requests for letters of free sale have grown due to the increased exports of non-prescribed goods and increased regulatory controls of the importing country authorities on imported goods. To better support exporters in meeting these requirements and to improve efficiency in responding to requests for letters of free sale, the Non-Prescribed Goods Exports Program provides the following guidance.
When requesting a letter of free sale from the department, please provide the following information:
- Importing country official requirements,
- Product name (as written on the product label) and product description (for example, animal food)
- Manufacturing establishment name and address
- A manufacturer’s declaration with the product name, product description, manufacturing establishment name and address, and a statement that the product(s) is freely available for sale in the Australian domestic market and eligible for export
- Evidence that demonstrates that the product(s) is freely available for sale in the Australian domestic market (for example an invoice showing the sale from the manufacturing company to a buyer (such as a wholesaler) or a retail website link).
- If evidence of availability for sale in Australia cannot be provided, a statutory declaration is requested from the manufacturer instead of a manufacturer’s declaration (with all information in point 4)
- If a product is not yet available for sale in Australia and is in development for launch, then a manufacturer’s declaration is requested stating when the product will be available in Australia and the destination market(s)
- If the product is only manufactured for export purposes, the department cannot provide the statement “products are freely available for sale in Australia”, which is often the requirement of the importing country. The department may be able to consider alternative wording. Please contact the team (NPGExports@awe.gov.au) to discuss.
Exporters and establishments should also note the following:
- The letter of free sale is issued for product registration and is not a consignment specific export certificate. An export certificate may still be required to accompany each consignment if it is an official requirement of the importing country. Exporters should refer to MICoR for further information.
- If the importing country does not require a letter of free sale to be from Australia’s competent authority (that is, the department) one can instead be obtained from a Chamber of Commerce.
If you have any questions regarding this IAN please email NPGExports@awe.gov.au
Residues and Food Exports Branch
Exports and Veterinary Services Division
Department of Agriculture, Water and the Environment