Part 1 Preliminary
1 Name
of Orders [see Note
1]
These Orders are the Export Control (Rabbit and
Ratite Meat) Orders 1985.
2 Commencement
These Orders shall come into
operation on 29 April 1985.
3 Incorporation with Prescribed Goods (General) Orders
These Orders shall be read as one
with the Export Control (Prescribed
Goods — General) Order 2005.
4 Application
4.1 These Orders apply to the following goods:
(a) rabbit meat;
(b) rabbit meat products;
(c) ratite meat;
(d) ratite meat products.
4.1A However, these Orders do not apply to goods to which
the Export Control (Wild Game Meat and Wild Game Meat Products) Orders 2010
apply.
4.2 Goods to which these Orders apply
are declared to be prescribed for the purposes of the definition of prescribed
goods in section 3 of the Export Control Act 1982.
5 Interpretation
5.1 In these Orders, unless the contrary
intention appears:
Australian Rabbit Meat Standard means the
Australian Standard for Hygienic Production of Rabbit Meat for Human Consumption
(AS 4466:1997), as in force on 1 December 2010.
Australian Ratite Meat Standard means the
Australian Standard for Hygienic Production of Ratite (Emu/Ostrich) meat for
Human Consumption (AS 5010:2001), as in force on 1 December 2010.
edible means suitable for human consumption.
exotic
disease means:
(a) African swine fever;
(b) classical swine fever or hog
cholera;
(c) foot and mouth disease;
(d) swine vesicular disease;
(e) vesicular exanthema; and
(f) vesicular stomatitis.
prescribed tag means a tag containing the trade description details specified in
Schedule 2 of these Orders.
rabbit includes a hare.
rabbit meat means a part of a rabbit that is intended for human consumption.
rabbit meat product means a food that has been processed beyond boning, slicing or
trimming, other than soup, that is suitable for human consumption, being a food
that:
(a) has been prepared from
rabbit meat; or
(b) contains in excess of 5% by
mass of rabbit meat.
ratite means an emu, ostrich or other species
of flightless bird.
ratite meat means a part of a ratite that is
intended for human consumption.
ratite meat product means a food that has
been processed beyond boning, slicing or trimming, other than soup, that is
suitable for human consumption, being a food that:
(a) has been prepared from ratite meat; or
(b) contains in excess of 5% by mass of ratite
meat.
5.3 In these Orders, the words ‘Penal provision’ at the
foot of any provision indicate that a contravention of the provision is a
contravention for the purposes of regulation 4 of the Regulations.
5A Application
of Orders to ratite meat and ratite meat products
A condition or restriction specified by an export
control order (including these Orders) applies to ratite meat and ratite meat
products only to the extent that a condition or restriction of that kind is
required to be complied with by the country to which the ratite meat or ratite
meat products are to be exported.
Part 2 Registered establishments
6 Preparation in registered establishment
Prescribed goods to which these
Orders apply shall be prepared in a registered establishment except that
rabbits may be partly eviscerated before they are brought to an establishment.
6A Separate registration
An establishment that is intended
to be used to dress rabbits shall be registered only for that operation
and shall not be concurrently registered for an operation that includes the
preparation (other than storage) of prescribed goods to which the Export Control (Meat and Meat Products) Orders 2005
or the Export Control (Wild Game Meat and Wild
Game Meat Products) Orders 2010 apply.
7 Compliance with Australian Standards, etc
The occupier of a
registered establishment preparing prescribed goods to which these Orders
comply must comply with the requirements specified in order 7A and:
(c) if the prescribed goods are ratite meat or
ratite meat products – the Australian Ratite Meat Standard; or
(d) if the prescribed goods are rabbit meat and
rabbit meat products — the Australian Rabbit Meat Standard.
7A Office for veterinary officer
Where an authorized
officer, who is a veterinary officer, is required to be present at an
establishment during the preparation of prescribed goods, a lockable office
having a minimum floor area of nine square metres shall be provided for the
exclusive use of that officer which shall be equipped with:
(a) a
telephone;
(b) a desk;
(c) a chair;
(d) a lockable metal cabinet;
(e) an approved locker; and
(f) where the floor is not
treated with a treatment approved by the Secretary, a floor covering.
Part 3 Conditions or
restrictions
8 Conditions
or restrictions to be complied with
8.1 For the purposes of subsection 7 (1)
of the Act, the export of prescribed goods to which these Orders apply is
prohibited unless the conditions or restrictions specified in these Orders and:
(c) if the prescribed goods are ratite meat or
ratite meat products – the Australian Ratite Meat Standard; or
(d) if the prescribed goods are
rabbit meat and rabbit meat products — the Australian Rabbit Meat Standard;
are complied with.
8.2 Suborder 8.1 does not limit
the operation of the Export Control (Prescribed Goods — General) Order
2005 in relation to prescribed goods to which these Orders apply.
Part 4 Application of
official marks and other stamps
9 Official mark to be applied
Where prescribed goods
have been prepared under the supervision of an authorized officer, inspected by
an authorized officer and passed for export, an official mark, the design of
which is specified in Part 13 of the Export Control (Prescribed Goods —
General) Order 2005, shall be applied to the outside of a carton, barrel or
cask into which the goods are packed.
10 Optional
application of official mark
Subject to order 9, where
prescribed goods have been:
(a) derived from a carcase that has been
subjected to a public health inspection by;
(b) prepared under the
supervision of; and
(c) passed for export by;
an authorized officer, an official mark, the design of which is
specified in Part 13 of the Export Control
(Prescribed Goods — General) Order 2005 as amended, may be
applied to:
(f) an intermediate package
into which the goods are packed;
(g) a tag placed in an outer
carton into which the goods are packed;
(h) a tag affixed to a
container system unit into which the goods are packed; or
(i) a seal in accordance with
order 15.
11 Application of stamp to poultry or rabbits not prepared
under supervision
Where
prescribed goods do not comply with paragraphs 10 (a) and (b), but have been:
(c) passed for export by an authorized
officer; and
(d) packed in a carton or other
covering;
the outside of the carton or other covering shall be stamped by, or
at the direction of, an authorized officer with an inspection stamp in
accordance with the design specified in the Schedule 1.
12 Legibility and fixing of official mark etc
An:
(a) official mark referred to
in order 9 or 10; or
(b) inspection stamp referred to
in order 11;
shall be applied so that it is legible and affixed in a reasonably
permanent manner.
13 Means of applying official mark to surface of prescribed
goods
Where an official mark referred to
in order 9 or 10 is applied directly to the surface of prescribed goods, the
mark shall be applied by means of:
(a) a thermal process;
(b) a food grade dye approved by
the Secretary; or
(c) any other method approved
by the Secretary.
Part 5 Prescribed tag
14 Information to be included on tag
For the purposes of these Orders,
a prescribed tag shall contain:
(a) the official mark, the
design of which is specified in Part 13 of the
Export Control (Prescribed Goods — General) Order 2005;
(b) the date of packaging;
(c) the name, or the name and
logo, of the producer, exporter or consignee;
(d) the word ‘Australia’; and
(f) the net mass of the
prescribed goods.
Part 6 Sealing of cartons
15 Carton sealing for foreign country
Where the occupier of a registered establishment
wishes to seal a carton into which prescribed goods are packed to satisfy the
requirements of a foreign country authority, the seal shall:
(a) be made from treated paper
or other suitable material that will withstand normal commercial storage and
transport conditions;
(b) be white in colour and may
contain a serial number or other details required by the foreign country
authority;
(c) firmly adhere to the
carton;
(d) have the following
dimensions:
(i) length — not
less than 125 mm and not more than 160 mm;
(ii) width — not
less than 45 mm and not more than 75 mm; and
(e) be applied in accordance
with the requirements of the foreign country authority;
and the authorized officer supervising the packing may permit the
application to the seal of an impression of an official mark, the design of
which is specified in Part 13 of the Export
Control (Prescribed Goods — General) Order 2005, in such a manner
as the occupier requests to meet the requirements of that foreign country
authority.
Part 7 Sealing of means of
transport, container system units, ships, establishment and samples
21 Sealing of container system units
21.1 Where prescribed goods are loaded
into a container system unit and the unit is held on a registered establishment
for the purpose of storing the goods, the container system unit shall:
(a) be sealed with an official
mark, the design of which is specified in Part 13
of the Export Control (Prescribed Goods — General) Order 2005; and
(b) not be removed from the
establishment if it contains prescribed goods until the unit has been sealed in
accordance with suborder 21.2.
21.2 Where
prescribed goods are loaded into a container system unit (other than a unit
intended for carriage by an aircraft) and the unit is transported from a
registered establishment, that unit shall be sealed with an official mark, the
design of which is specified in Part 13 of the
Export Control (Prescribed Goods — General) Order 2005.
22 Sealing of ships etc
On request, a:
(a) hold, locker or access port
of a ship; or
(b) cask or barrel;
containing prescribed goods may be sealed with an
official mark, the design of which is specified in Part 13 of the Export Control (Prescribed Goods —
General) Order 2005.
23 Sealing of establishment
The
Secretary may require a registered establishment, or a part thereof, to be
sealed with an official mark, the design of which is specified in Part 13 of the Export Control (Prescribed Goods —
General) Order 2005, in accordance with directions
given by the Secretary.
24 Sealing of samples
Where
there is a need to ensure the security of samples, the covering in which the
samples are transported to a laboratory for examination may be sealed with an
official mark the design of which is specified
in Part 13 of the Export Control (Prescribed Goods — General) Order 2005.
25 Application of seals
Official marks referred to in
order 20, 21, 22, 23 or 24 shall be applied in accordance with directions
issued by the Secretary.
26 Seals not to be broken
Subject to order 27, where an
official mark has been applied for the purpose of order 20, 21, 22, 23 or 24,
it shall be a contravention of these Orders if a person other than:
(a) an authorized officer;
(b) a person directed by an
authorized officer; or
(c) in the case of a mark
applied for the purposes of order 24 — an approved analyst;
interferes with the official mark.
27 Breakage of seals during transport
Where official marks have been
applied for the purpose of order 20 or 21 and the means of transport or
container system unit arrives at its destination within Australia with the official mark broken,
the prescribed goods shall be:
(a) retained under security by
an authorized officer; and
(b) re‑examined and
disposed of in accordance with directions given by the Secretary;
and the authorized officer shall investigate the
breakage and submit a report to the Secretary through the regional office.
Part 8 Date marking
28 Prescribed goods to be date marked
Prescribed goods shall have the
date of packaging applied in clear to:
(a) in the case of goods packed
in an outer carton or other outer covering, other than a bag — the outer
carton or other outer covering, and that date shall be the same as the date or
code that appears on any intermediate packaging including cans;
(b) in the case of goods packed
in a bag — the prescribed tag or other tag; and
(c) in the case of goods packed
in a can — the can end, by indelible means or embossing, and where a date
code has been approved by the Secretary, this may be used instead of the
in-clear date.
29 Date of packaging
For the purposes of order 28, the
date of packaging shall be:
(a) in the case of prescribed
goods that have undergone preservation by refrigeration only — the date of
first packaging;
(b) in the case of prescribed
goods, other than canned goods, that have been manufactured or undergone heat treatment — the date on which the manufacture or heat treatment is completed; and
(c) in the case of prescribed
goods that are canned — the date on which the can is closed.
30 Code to be approved when used
Where a code is used to indicate
the date of packaging under paragraph 28 (c), the occupier of a registered
establishment shall:
(a) use an approved code issued
by the Secretary; or
(b) where the occupier desires
to use a different code, submit the code to be used to the Secretary for
approval and not use the code until written approval has been received.
Penal provision
31 Design of date of packaging other than for cans
Except in the case of cans, the
date of packaging applied under order 28 shall consist of the words ‘PACKED ON’
or the letters and word ‘PKD ON’ followed by the date, and shall be in:
(a) capital letters and numbers
at least 5 mm high; and
(b) the
form of 1 or 2 digits representing the day of the month, followed by the first
3 letters in the name of the month or the name of the month in full, followed
by 4 digits representing the year or 2 digits representing the last 2 numbers
of the year.
32 Legibility of date of packaging
The date of packaging applied
under order 28 shall be legible and shall be affixed in a reasonably permanent
manner.
33 Altering or interfering with date of packaging
prohibited
The date of packaging applied
under order 28 shall not be altered or interfered with.
Penal provision
34 Expiry date or shelf life
34.1 Subject to suborder 34.2, where an
expiry date or a statement as to the expected shelf life of prescribed goods is
applied in addition to the date of packaging the:
(a) expiry date shall be
preceded by words or abbreviations of words that clearly indicate its intent;
or
(b) shelf life statement shall
clearly convey its intent.
34.2 Where the prescribed goods have been
preserved by refrigeration only, the maximum period that shall be indicated by
the expiry date or shelf life statement is:
(a) in the case of chilled ratite
meat — 14 days from the date of chilling;
(b) in the case of chilled
rabbit meat — 14 days from the date of dressing and chilling; or
(c) in the case of frozen
goods — 18 months from the date of packaging.
Part 9 Exotic disease
36 Notification of State or Territory authorities
Where there are reasonable grounds
to believe that an exotic disease is present at a registered establishment, the
competent authority of the State or Territory in which the establishment is
located shall be immediately notified in accordance with the law of that State
or Territory.
37 Procedures to be implemented
Where there are reasonable grounds
to believe that an exotic disease is present at a registered establishment, the
following procedures shall be implemented:
(a) access to the establishment
shall be controlled;
(b) the movement of prescribed
goods, other goods, vehicles, guard dogs and persons off the establishment
shall be prohibited;
(c) the movement of prescribed
goods, other goods and vehicles within the establishment shall cease;
(d) action shall be put in train to determine the:
(iii) identity and
location of all prescribed goods and other goods on the establishment;
(e) all dressing operations
shall immediately cease;
(f) the carcase and parts of
all carcases that have not been subjected to post‑mortem inspection shall
be inspected;
(g) all affected carcases and their
parts shall be identified and held so that any interference is prevented;
(h) access to prescribed goods
and other goods held on the establishment shall be secured;
(i) all personnel who might
have been exposed to the affected carcases or their parts shall be identified
and confined to their work station until such time as provision can be made for
the:
(i) seizure and
disinfection of equipment and apparel that may have been contaminated; and
(ii) controlled
decontamination or the persons of such personnel;
(j) water use on the
establishment shall be kept to a minimum;
(k) any other procedures
required by the competent authority in the State or Territory in which the
registered establishment is located.
38 Procedures to be maintained until advised otherwise
The procedures under order 37
shall be maintained until the competent authority in the State or Territory in
which the registered establishment is located advises that they may be
discontinued or that authority takes control.
39 Obligations of occupier of registered establishment
For the purposes of implementing
the procedures under order 37, the occupier of a registered establishment shall
have in place arrangements that shall:
(a) ensure that all the
procedures can be put into effect without delay;
(b) ensure that all directions
given by an authorized officer are implemented without delay;
(c) provide ready access to a
telephone;
(d) maintain a system of
inventory giving detailed information as to the:
(ii) origin of
prescribed goods and other goods and their location on the establishment;
(iii) destination of
prescribed goods and other goods that have left the establishment; and
(e) provide any other
assistance or information that an authorized officer requests.
Part 10 Export certification and trade descriptions
40 Ante and Post Mortem Certification
Where ratites from which
ratite meat or ratite meat products are derived, have
undergone ante and post mortem inspection, an authorized officer may issue to
the occupier of the establishment or the person intending to export the goods,
a certificate attesting to the inspection which shall be in writing in a form
approved by the Secretary.
41 Requirements to be complied with
A trade description as set out in
Column 3 of Schedule 2 to these Orders in relation to prescribed goods of a
kind shown in Column 1 of Schedule 2, shall be applied to prescribed goods of
that kind.