20 January 2025
Attention
Industry stakeholders, including commercial importers and brokers importing consignments of imported food subject to analytical testing under the Imported Food Control Act 1992.
Purpose
From 3 February 2025 the Department Agriculture, Fisheries and Forestry (the department) will impose fees for post-inspection in-office imported food sample management activities, when the samples are:
- returned to the regional office by the inspecting officer and stored by the department for collection
- collected from the regional office, by the courier, for delivery to the appointed analyst.
Key points
The department undertook a cost recovery review of imported food sample management activities. The review determined that the department is not meeting legislative cost recovery obligations. This is because the time taken to conduct post-inspection in-office management activities for imported food samples, taken in accordance with the Imported Food Control Act 1992 (the Act) for diagnostic services completed by third party appointed analysts, is not being charged.
To meet legislative cost recovery obligations, from 3 February 2025 all post-inspection in-office sample management activities that are cost recoverable will incur a fee-for-service. This aligns with the Imported Food Regulations 2019 at a rate of $39 per 15 minutes or part thereof.
Fees will not be applied retrospectively and will not impact domestic farmers and producers.
There are options available to industry:
Choose to participate in the Imported Food Sample Management Trial which is testing alternative stakeholder transport processes for imported food sample management. This industry-led approach would not incur the additional charge for an officer to provide this regulatory service.
To find out more contact ImportedFood-PostInspection@aff.gov.au.
Eligible applicants can choose to enter into a Food Import Compliance Agreement (FICA), under which the importers manage the clearance of their own goods. This industry-led approach would not incur the additional charge for an officer to provide this service.
To see if you are eligible for a FICA visit www.agriculture.gov.au/biosecurity-trade/import/goods/food/how/fica.
- The department can continue to provide the service and fees will be applied.
More information
Industry participants requesting further information can contact the department at costrecovery@aff.gov.au.
Background
Legal advice on the cost recovery review of imported food sample management activities confirmed that the department is not meeting legislative cost recovery obligations, and that the department cannot exercise discretion relating to this chargeable service and must cost recover a payable amount.
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