Export of food products to Australia, instructions for use

Theexport of food products from the European Union to Australia is not currently regulated by any specific bilateral agreement, (1) although negotiations are underway for an agreement aimed at promoting the exchange of goods (and services), removing obstacles and helping companies, especially smaller ones, to export more. (2)

Therefore, trade relations in the agri-food sector are still based on the European Union–Australia Partnership Framework (2009), (3) where the parties shared the commitment to promote the opening of trade in agricultural, food and fishery products, as well as to promote improved levels of food safety. An in-depth insight.

1) export of food products to Australia. Labeling

All foods marketed in Australia, including imported ones, must meet the requirements established in its Food Standards Code. (4) The Australian government has published specific guidelines on labeling requirements (5) where it is specified, among other things, that labels – to be completed in English in compliance with the Food Standards Code – may also be applied after importation of goods but must always indicate the country of origin of the imported food, in accordance with the Country of Origin Food Labelling Information Standard (2016). (6)

Labeling of foods is subject to the requirements set out in the Sections of Food Standards Code including the following:

1.2.1 – Requirements to have labels or otherwise provide information,

1.2.2 – Information requirements – food identification,

1.2.3 – Information requirements – warning statements, advisory statements and declarations,

1.2.4 – Statement of ingredients,

1.2.5 – Date marking of food for sale,

1.2.6 – Directions for use and storage,

1.2.7 – Nutrition, health and related claims,

1.2.8 – Nutrition information requirements,

1.2.10 – Characterising ingredients and components of food.

Alcoholic beverages (> 1.15% vol) imported, from July 31, 2023, must add a specific pregnancy warning label, in the prescribed graphic formats required by the Australia New Zealand Food Standards Code (2020, 2023).

2) Official controls and sanctions in Australia on imported foods

Imported Food Control Act (1992)7 aims to ensure that imported foods comply with the safety and labelling requirements established in Australia. This legislation, in addition to defining the powers of the Australian Border Force (ABF), introduces specific offenses for the importer. Indeed, they can face imprisonment for up to ten years – or a monetary penalty of up to 60 penalty units (8) – when the foods for which they are responsible do not meet the requirements of Food Standards Code e Information Standard. Except in cases where it has been clarified that goods must be re-labelled. (9)

Attention must also be paid to the methods of indicating the quantity of food on the label. Prepackaged foods must comply with the conditions set by the National Measurement Act 1960 (10) and by the National Trade Measurement Regulations (2009), (11) whose compliance is entrusted to the National Measurement Institute (NMI). (12) Responsibility lies with packers, importers and sellers. The NMI may in any case authorize corrective actions such as re-labelling to avoid food waste.

Biosecurity Import Conditions system (BICON) also defines which categories of food can be exported to Australia or are subject to import conditions that may require supporting documentation, treatment and/or an import permit.

3) European Union, hygiene and health requirements and official certificates for theexport

General Food Law prescribes that all ‘food and feed exported or re-exported from the Community to be placed on the market of a third country must comply with the relevant provisions of food legislation, unless otherwise indicated by the authorities of the importing country or different provisions of laws, regulations, standards, codes of conduct and other legal and administrative procedures in force in that country’ (Reg. EC No 178/02, article 12).

Animal Health Law authorizes EU Member States to adopt appropriate measures so that products of animal origin intended forexport comply with provisions concerning registration, recognition, traceability and movements to the destination third countries. (13) Subject to the existence of different legal-administrative provisions established by competent authorities of the importing third country, or provisions in force in that country, which in such case apply instead of the Community legislation. (14)

Official Controls Regulation (EU) No 2017/625 in turn provides for the issuance of an international veterinary certificate by the competent national authorities for the export of food products also to third countries other than those where standard certificates are defined (article 87.1.b).

4) Italy, certificates for theexport

The Ministry of Health of Italy has established a specific procedure for issuing certificates for theexport: (15)

– the manager of the establishment seeking authorization for theexport towards third countries must submit a specific application aimed at obtaining the inclusion of the establishment in a specific list, (16) following the methods indicated in the DGISAN note 0023661-04/06/2018, (17,18) which partly integrates and replaces the provisions set out in the previous notes 33585/P and 8842/P. More precisely,

– the food business operator must submit an application for inclusion in the ‘export list’ (defined in Annex 1 to the abovementioned note) to the veterinary service of the local health authority competent for the territory, exclusively in electronic format (i.e. PEC), (19,20), with specific reference to an establishment and a ‘list export’

– the application must include the specific procedures provided for each third country and be accompanied by the documentation required for each third country,

– the veterinary service carries out an inspection of the establishment, following verification of administrative compliance, to ascertain compliance with self-control requirements (e.g. GMPs, SSOPs, HACCP) and any additional requirements requested by the third country where the goods are destined,

– in case of a favorable outcome, the local veterinary service sends the relevant documentation to the Ministry of Health (DGISAN, Office 2) which proceeds with evaluation and, in case of a positive opinion, with the inclusion of the establishment in the specific ‘list export’.

Perspectives

The European Union, its Member States and Australia also signed in 2017, and confirmed in 2022, a framework agreement broad framework that lays the foundation for ‘establishing a strengthened partnership and promoting cooperation in a wide range of sectors of mutual interest’. This agreement also considers the areas of agriculture and rural development, as well as health, phytosanitary and animal welfare issues. (21,22,23,24)

Our team By FARE is available to operators in the agri-food sector interested in marketing in the 27 EU countries and exporting their products to various countries around the world.

Dario Dongo and Andrea Adelmo Della Penna

Notes

(1) https://trade.ec.europa.eu/access-to-markets/it/non-eu-markets/AU
(2) https://policy.trade.ec.europa.eu/eu-trade-relationships-country-and-region/countries-and-regions/australia/eu-australia-agreement_en
(3) https://www.eeas.europa.eu/sites/default/files/partnership_framework2009eu_en.pdf
(4) https://www.foodstandards.gov.au/Pages/faq.aspx
(5) https://business.gov.au/products-and-services/product-labelling/food-labelling-and-imported-food
(6) Country of Origin Food Labelling Information Standard 2016. https://www.legislation.gov.au/Details/F2017C00920
(7) Imported Food Control Act 1992 https://www.legislation.gov.au/Details/C2021C00497
(8) Imported Food Control Act 1992, division 1, section 8A
(9) https://www.abf.gov.au/importing-exporting-and-manufacturing/importing/how-to-import/requirements/labelling
(10) National Measurement Act 1960 https://www.legislation.gov.au/Details/C2021C00505
(11) National Trade Measurement Regulations 2009 https://www.legislation.gov.au/Details/F2019C00581
(12) https://www.industry.gov.au/national-measurement-institute
(13) Regulation (EU) 2016/429, Part IV (articles 84-228)
(14) Reg. (EU) 2016/429, art. 243, paragraphs 1,2
(15) https://www.salute.gov.it/portale/temi/documenti/veterinariaInternazionale/2023_05_10_certificate_generico_.pdf
(16) https://www.salute.gov.it/portale/temi/p2_6.jsp?lingua=italiano&id=1155&area=sicurezzaAlimentare&menu=sistenza
(17) https://www.salute.gov.it/portale/temi/trasferimento_EXPORT.jsp
(18) For Australia, see https://www.salute.gov.it/consultazioneStabilimenti/ConsultazioneStabilimentiServlet?ACTION=gestioneSingoloPaese&naz=AU
(19) If documents are requested to be attached to the application (e.g. floor plan, photographs), each must be individually identified, specifying the establishment identification number (CE IT XXXX) and attached to the application. The person responsible for drafting the documentation must also date and sign the attachments themselves
(20) In case the third country requests the original documents, the food business operator OSA must send them to the competent office of the Ministry (General Directorate for Food Hygiene and Safety and Nutrition, Office 2 – via Giorgio Ribotta, 5 – 00144 Rome), under penalty of invalidity of the request
(21) Council Decision (EU) 2017/1546, of 29 September 2016, relating to the signature, on behalf of the European Union, and the provisional application of the framework agreement between the European Union and its Member States, of the one part, and Australia, of the other. http://data.europa.eu/eli/dec/2017/1546/oj
(22) Framework agreement between the European Union and its Member States, of the one part, and Australia, of the other. http://data.europa.eu/eli/agree_internation/2017/1546/oj
(23) Decision (EU) 2022/1664 of the Council of 20 September 2022 on the conclusion on behalf of the Union of the framework agreement between the European Union and its Member States, on the one hand, and Australia, on the other. http://data.europa.eu/eli/dec/2022/1664/oj
(24) See arts. 15, 19, 50 of the Agreement.