New Requirements for

1

• New Requirements for
• Seafood Export
• Export Control (Fish Fish Products) Orders
• 2005

Lisa McKenzie AQIS Fish Exports Program
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The AQIS Fish Exports Program

• Provide export inspection, auditing
  certification services to ensure compliance with
  importing country requirements
• Provide operational, technical and legislative
  advice to the seafood industry
• Consult with industry and key stakeholders on
  seafood matters
• Implement strategic change
• Facilitate overseas visits and reviews

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Statistics

• Value 1.844b edible-1.48b /non edible 360m
• Volume 60,161 tonne (excludes live tonnage)
• Key markets Japan, HK, US, Chinese Taipei,
  China, Singapore, APEC
• 4.1M Budget
• 25 staff 5 Canberra, 20 regional
• 852 Registered Establishments of which 487 are
  registered fishing vessels
• 92 documentation via EXDOC

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New Legislation

• Export Control Act
• Export Control (Prescribed Goods General )
  Order 2005
• Export Control (Fish Fish Products) Orders 2005
• www.aqis.gov.au/fish

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Export Control (Fish Fish Products) Orders 2005

• Came into force on 1 October 2005
• To be fully implemented by 1 July 2007
• Will affect all registered establishments that
  prepare fish fish products and all others in
  the supply chain including exporters requesting
  export documentation

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Why change the legislation?

• Changing international environment - food
  security food safety focus on residues
• Changing domestic environment Primary
  Production Processing Standard for Seafood
• Implement Government response to the National
  Competition Review Policy (NCP) into Export
  Regulation
• External reviews - reflect changes to overseas
  country requirements facilitate future trade

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The Export Control (Fish Fish Products) Orders
should..

• Protect and facilitate market access
• Ensure food is safe, wholesome accurately
  described
• Harmonise domestic and export standards
• Promote a partnership approach between industry
  government
• cont.

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The Export Control (Fish Fish Products) Orders
should..

• Be based on good science, current technical
  international standards
• Improve industry competitiveness
• Encourage innovation flexibility of operation
  by the use of less prescriptive legislation
• Be enforceable.

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Implementation Strategy

• AQIS bulletin / Seafood Export Consultative
  Committee (SECC) newsletter
• E-bulletin
• Information on Website www.aqis.gov.au/fish
• Trials with industry
• 17 Seminars nationwide

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Structure of the new legislation
Schedules 1 10
Orders 1 102

• Registration
• Management
• Structural Requirements
• Operational Hygiene
• Preparation Transport
• Product Standards
• Trade Description
• Identification Transfer
• Export Documentation
• Approved Auditors

• Objectives
• Definitions
• Application
• Conditions/Restrictions

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Domestic/Export Operations

• If you carry out both export domestic
  processing on your vessel or in your
  establishment you need to decide how you will
  address controls for each to meet Order 36
• as both operations will be audited by AQIS for
  export potentially by the State for domestic .
• AQIS is negotiating with the States on one food
  safety audit to satisfy both domestic export
  requirements.

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The Orders do not apply to.

• Establishments that only grow, relay, kill, gut,
  wash, ice etc fish
• Establishments that only kill or bleed crocodiles
• - due to the limited processing activity
  occurring at the premises (See Orders 22-24)
• But
• Fish must be prepared in registered
  establishments before export and
• Sourcing provisions apply including evaluating
  the hygiene of catcher boats and the fitness of
  product for human consumption

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Registration

• Registration process essentially the same
• Must be registered to prepare prescribed goods
• Must apply on form approved by the
  Secretary(EX26)
• Registration subject to
• Fit and Proper Person assessment and
• No debt owing to Commonwealth (debt stays with
  establishment even if sold)
• Preparation of fish fish products for export as
  food subject to having an Approved Arrangement in
  place

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Schedule 1 - Registration

• No assignment of registration i.e. only
  de-registrations and new registrations
• Registration is mandatory for the preparation of
  prescribed goods and preparation is subject to
  an Approved Arrangement i.e. cannot hold export
  registration without an AA.
• (Reminder - Penalties apply for preparation when
  not registered or where AA does not cover
  operations)
• Registration is for one year and you have to
  reapply for a new certificate of registration

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The Food Safety Program
Management Practices
HACCP
Standard Operating Procedures
Good Manufacturing Practices
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The Legislation
Management Practices Schedules 2, 7, 8, 9, 10
HACCP Schedules 2, 5, 6
Standard Operating Procedures
Good Manufacturing Practices Schedules 1, 3, 4
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The AA System
Control
Review
Document
Verify
Management Practices
Management Review
HACCP
SOPs
Good Manufacturing Practices

• Review records
• Internal Audits
• Product Testing

• Monitor
• Record

• Record
• Improve

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Schedule 2 Key Elements

• Schedule 2 contains details of
• General Requirements
• Approved Arrangements
• Management Practices

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Schedule 2 - Key Elements

• General Requirements
• Occupier commitment
• Requires a written statement by the occupier
  outlining their commitment to food safety and to
  the Objectives of the Orders 3.1 3.2
• Fitness for human consumption
• Complete and accurate trade description
• Meets importing country requirements
• Accurately identified and traceable
• Compliance with the requirements of the Orders
  applicable importing country requirements

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Schedule 2 - Key Elements

• 2. Approved Arrangement
• Minimum requirements specify that an AA must
  cover each step of preparation of processed food
  and
• Contain a HACCP plan
• Document controls used to ensure that the
  requirements of the Orders are complied with
• Identify applicable importing country
  requirements document the controls used to
  ensure compliance
• Document any measures necessary to ensure there
  is a sound basis for giving of an export permit
  or government certificate

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Schedule 2 - Key Elements.

• 3. Management Practices
• Management practices, organisational structure,
  resources and competence (including knowledge,
  training, skills and experience) must be
  documented and appropriate to ensure applicable
  requirements of the Orders and importing country
  requirements are met

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Management practices.

• Verification
• Compliance with Export Standards (Order 37) for
  fish fish products and importing country
  requirements must be verified. This requires the
  occupier to
• Document the requirements in the AA
• Implement document controls to ensure
  requirements are met and
• Record the methods, procedures, tests, or
  evaluations to verify compliance as well as the
  results of the verification

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Management practices.

• Corrective preventative action
• If a requirement of the export standards or
  importing country requirements is not being met,
  the occupier must
• Take corrective preventative action to address
  the non-compliance,
• Ensure that it does not occur again
• Assess the effectiveness of the corrective
  action and
• Document the action taken assess its
  effectiveness

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Management practices.

• Internal audit and management review
• Aims to assess the effectiveness of management
  practices to meet the export standards
  applicable importing country requirements
  documented in the AA
• Must occur at least once every 12 months
• Audit outcomes and management reviews must be
  documented

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Management practices.

• Requirement to retain documents
• Provides that documents used, made or in the
  possession of the occupier of an establishment
  used to prepare fish fish products for export
  documents relevant to compliance with the Act or
  Orders, must be kept for at least 3 years
• (penalty applies)

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Schedule 3 - Key Elements

• Schedule 3 details the structural requirements
  for registered establishments and the
  requirements for the provision of facilities and
  equipment
• Subclause 1.1 states that Establishments must
  have the premises, facilities, equipment and
  vehicles that are necessary to ensure the
  preparation of fish fish products for export as
  food is conducted in accordance with the
  requirements of these Orders

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Schedule 3 - Key Elements

• The requirements for construction of premises are
  not prescriptive, but rather outcome based
• That is the Orders do not prescribe exact
  structural specifications but rather the outcomes
  that must be achieved.

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Schedule 3 - Key Elements

• The construction of the premises equipment must
  comply with the plans specifications under
  which the establishment was registered
• Part 2 of Schedule 3 details exemptions for
  registered fishing vessels live fish packing
  establishments (on application to the Secretary
  Clause 13, 14 16.1(c)(ii) only) but does not
  apply to unregistered catcher boats

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Application for exemption

• If you cannot comply with
• Clause 13 relating to supply of hand washing
  facilities and their location or
• Clause 14 relating to supply of amenities and
  their location or
• Clause 16 (c)(ii) relating to discharge of
  effluent and waste to a drainage system
• You must apply for an exemption on the form
  provided by AQIS giving details of how you will
  control any potential risks to food safety

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Schedule 4 - Key Elements

• Schedule 4 details the operational hygiene
  requirements for premises used to prepare fish
  fish products for export as food and
• The requirement for a program of operational
  controls that must be documented and in place.

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Schedule 4 - Key Elements

• Schedule 4 details the operational hygiene
  requirements for
• Cleaning
• Storage of packaging, ingredients
• Personal Health hygiene
• Exclusion of animals pests
• Measures to be taken to protect food from
  environmental contamination

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Schedule 4 - Key Elements

• Calibration of relevant measuring instruments
• Storage, handling fitness for purpose of
  ingredients
• The use and supply of potable non potable water
  clean seawater
• Process controls to prevent contamination
  including temperature control
• Storage use of hazardous substances
  substances which could contaminate food

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Schedule 4 - Key Elements

• Part 2 details the Application of Schedule 4 to
  Catcher boats and Registered fishing vessels
• Whilst Part 1 applies only to Registered Vessels,
  Catcher boats must have procedures in place to
  ensure the fitness of human consumption of the
  fish landed

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Schedule 5 - Key Elements

• Schedule 5 details product handling requirements
  for establishments preparing fish fish products
  for export as food specific to
• Sourcing harvesting product
• Chilling, freezing, thawing tempering
• Preservation including thermal processing
• Fitness for human consumption
• Packaging, storage
• Transportation

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Schedule 6 Product Standards

• Fish and fish products for export as food and
  its ingredients must not contain any of the
  following
• Metal, non-metal contaminant, natural toxicant in
  excess of the Food Standards Code (FSC)
• Agricultural or veterinary chemical in an amount
  that contravenes the FSC
• A food additive, processing aid, vitamin,
  mineral, added nutrient or substance in
  contravention of the FSC

36
Microbiological limits

• Fish and fish Products for export as food and
  its ingredients must meet the microbiological
  limits specified for that kind of food in the
  Food Standards Code
• Fish and fish products for export as food must
  not be produced using gene technology or
  irradiated or using another process in
  contravention of the FSC

37
Key Requirements

• Compliance with the Food Standards Code, or
• Importing country standard
• Subject to identifying the particular standard in
  the Approved Arrangement
• Documenting the controls used to ensure
  compliance including how compliance will be
  verified

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Schedule 7 - Key Elements

• Schedule 7 details the requirements for fish
  fish products for export as food to have a trade
  description applied to it that is
• Accurate
• Legible
• Prominent, conspicuous not obscured
• Securely applied
• Must not be altered or interfered with

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Schedule 7 - Key Elements

• Contents of a Trade Description
• A description of the food
• Including the scientific name or Australian Fish
  Name of the fish
• The cut preservation type of the fish
• An ingredients list (if more than one ingredient)
• In compliance with the requirements of the Food
  Standards Code
• The net contents of the food

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Schedule 7 - Key Elements

• The country of origin of the food
• The Reg. Est. No. of the establishment at which
  the food was last prepared before export
• The name address of the exporter or registered
  establishment where the food was last prepared
• The identity of the lot for the food
• Directions for the use storage of the food if
  warranted for reasons of food safety

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Schedule 8 - Key Elements

• Schedule 8 details the requirement for effective
  measures to be in place to ensure fish fish
  products can be
• Identified
• Traced and
• If necessary, recalled

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Schedule 9 Export Documentation
Final Declaration of Compliance

• Must be provided to the exporter by the
  Establishment at which the food was last prepared
• Must accompany the application for an Export
  Permit and declares that the exporter is in
  possession of a Final Declaration

Exporter
Exporter Declaration of Compliance
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Schedule 10 - Approved Auditors

• Database of auditors
• Approval process
• Assessment of auditor competency including audit
  of reports, auditor and establishments audited by
  the auditor.
• Not required to be in the employ of an accredited
  organisation
• Secretary can revoke auditor approval

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Audit Regime.

• Focus on critical non-compliances
• Reduction in categories of non compliance from 4
  to 3
• Different rating of non-compliances reflects this
• Critical 64 points
• Major 8
• Minor 2
• All establishments including vessels will have a
  rating which will determine their audit frequency

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Audit Regime.

• More robust documentation system AA will stand
  up to greater scrutiny by overseas authorities
• Greater documentation will support 2nd and 3rd
  party auditors where accepted by importing
  country authorities

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Approval Process for an AA

• The occupier of an establishment must apply to
  AQIS for approval of an Approved Arrangement to
  prepare fish fish products
• The AA must be available for audit at the time of
  application
• Assessment based on desk audit and site visit
• AQIS can request additional information
• Application will be assessed within 60 days
• Get your AA in early!
• Approval may be subject to conditions

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Guide for Registered Vessels
Compliance with the
Export Control (Fish Fish Products) Orders
2005
A Guide for Registered Vessels
Version 2 - 2006
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Guide for Registered Vessels

• A Guide has been prepared to assist registered
  vessels in the development of their AAs
• The guide is in a CD format and contains
  information on how to apply for an AA, reference
  material and a model Approved Arrangement
  including monitoring forms that can be customised
  to suit your operation
• The model AA contains information on how to
  complete these documents and details of the
  information that must be completed by the occupier

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The Model Approved Arrangement
Management Practices Part 1
HACCP Part 3
Standard Operating Procedures Part 4
Good Manufacturing Practices Part 2
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Guide for Registered Vessels

• The information is provided as a guide only it
  will not provide all the information necessary to
  gain AA approval
• The only person that can supply accurate details
  of your operation is you
• The CD also contains copies of all of the
  legislation and guidelines available through the
  AQIS website

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More information?....

• Visit www.aqis.gov.au/fish for legislation and
  guidelines
• Contact local inspectors
• Talk to local training centres
• Contact industry bodies
• Talk to others who have implemented Approved
  Arrangements
• Visit links to websites in the AQIS Guidelines

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Thank you