Page Content
Frequently Asked Questions about Exporting Fish and Fish Products
Frequently Asked Questions - Export Documentation
1. Can “Declarations of Compliance” be included on the Transfer Certificate?
7. What declarations do I require before I can apply for an export permit?
Frequently Asked Questions - Approved Arrangements
1. Am I complying with the new Orders if I am currently operating under an AQA or FPA?
2. If we are currently operating as a Registered Establishment, do we need to apply again for an “Approved Arrangement”?
3. Will I need to re-submit my site plans and specifications?
4. Will there be a Fee-for-Service associated with the audit for approval for the Approved Arrangement?
5. Will the Approved Arrangement documentation provided to AQIS for desktop audit be kept confidential?
6. Can I process multiple product lines in the same Establishment?
7. If our establishment currently complies with the structural requirements under the Export Control (Processed Food) Orders – will it continue to comply under the new Orders?
8. Is there a format for Internal Audits?
9. What is the relationship between HACCP and an Approved Arrangement?
10. Does testing of product have to be carried out by a NATA accredited laboratory?
11. How far back do we need to be able to trace our ingredients and products?
12. What detail do I need to put into my Approved Arrangement regarding sourcing product from catcher vessels?
13. Do the changes to verification requirements mean that I no longer need to test my water monthly?
14. Do I need to test salt water?
15. Will the sampling carried out by the NRS (National Residue Survey) be adequate to verify the source of the product?
16. Schedule 5 – Harvesting & sourcing fish (Clause 8.1) states that “Fish that (a) are dead at the time of harvest; or (b) are diseased; must not be prepared for export. Does this mean that aquaculture fish that die during routine handling – such as in fresh water bath, are not eligible for processing for export?
17. Will AQIS be able to endorse HACCP food systems for the domestic market?
18. How long will it take to have a variation to the Approved Arrangement approved?
19. Is there a form that must be submitted when notifying AQIS of variations to Approved Arrangements that may potentially affect food safety?
20. When a Registered Establishment changes hands or is re-registered – does the Registered Establishment Number stay the same?
21. Can I change the anniversary date of my registration?
22. If my registration is suspended – can I still produce product for the domestic market?
23. How do I find out what the importing country requirements applicable to my product are?
24. What requirements will third party auditors need to meet if they wish to audit registered establishments on behalf of AQIS?
25. Will AQIS continue to supply books of printed Transfer Certificates?
26. Are vessels that shuck product at sea required to comply with the new legislation?
Frequently Asked Questions - Export Documentation
1. Can “Declarations of Compliance” be included on the Transfer Certificate?
Yes. For examples of Transfer Certificates and Declarations of Compliance – see the AQIS Guideline "Export Documentation – A Guideline to compliance with the Export Control (Fish and Fish Products) Orders 2005" available from the AQIS website: http://www.aqis.gov.au/fish.
2. As the Approved Arrangement will be Establishment specific, how can a receiving Establishment then handle the received product and make a declaration that the product meets their standards when each Approved Arrangement will operate with different standards?
Each establishment can only make a “Declaration of Compliance” for the product that they have processed up until the point of transfer. After that point it is then out of their control and the next establishment will be responsible for making a “Declaration of Compliance” as to how they have handled it.
3. In regard to verification of export documents raised by an agent - it will be difficult at times for the live packing establishment to get a copy of the export documents prior to export due to the often tight shipping deadlines. Will this be an issue for the establishment concerned?
AQIS is not saying that every consignment needs to be checked against the export documents raised prior to export. What you do need to do is to have a system of review in place to be able to verify that the export documents being raised are true and correct and that the information flow from you to the agent is working correctly.
4. With regard to EXDOC and the processor issuing a Certificate of Compliance and Final Declaration of Compliance to the agent so that an export permit can be raised/issued - can this be done prior to the goods actually being packed?
(Due to the cut off times with international flights, packing of orders may take place at 3 or 4am – times when an AQIS officer may not be available to issue certificates – especially Chinese Health Certificates which must be collected from an AQIS office.)
The processor and/or exporter cannot issue the Certificate of Compliance and Final Declaration of Compliance until the goods have been packed and are ready for export. This is because these declarations cannot be made until the consignment has been completed and packed ready for export and the details of the consignment confirmed.
5. If I am the processor and acting as the agent for the exporter, do I still require the Exporter Declaration in order to raise the export documents?
From AQIS's point of view, the exporter is the person raising the export documents not the agent. However the agent assumes legal responsibility for the documents they raise on behalf of the exporter. Therefore, yes - you will need to send the Final Declaration of Compliance to the exporter and then receive the Exporter Declaration of Compliance from them before you raise the export documents.
6. What weight is to be placed onto the government health certificate - the actual pack weight (as some products may have an over pack) or the weight that is written on the label?
The declared weight - which is the weight written on the label - is the weight that the government certificate must record.
7. What declarations do I require before I can apply for an export permit?
Through chain declaration and Processors declaration. And when applying for a permit an Exporters declaration is required.
Frequently Asked Questions - Approved Arrangements
1. Am I complying with the new Orders if I am currently operating under an AQA or FPA?
Yes, as there is a transition period in place of two years. However, an application for an Approved Arrangement will need to be lodged and approved by the 1st of July 2007.
2. If we are currently operating as a Registered Establishment, do we need to re-register or apply again for an “Approved Arrangement”?
You will need to apply for an Approved Arrangement, using the form “Application for approval of an Approved Arrangement at an AQIS Registered Establishment” available from the AQIS website http://www.aqis.gov.au/fish. Forms and guidelines are available under the heading "Guidelines to compliance with the Export Control (Fish and Fish Products) Orders 2005". You will not need to re-register.
Applications for Approved Arrangements will need to be accompanied by the Approved Arrangement documentation that has been developed for your Establishment.
An EX26 form is only required to be lodged if you are also making changes to “approved export permit issuers” (previously “authorized signatories”) and/or persons in management and control.
3. Will I need to re-submit my site plans and specifications?
You will not need to re-submit your plans and specifications - however you must ensure that these documents are current.
4. Will there be a Fee-for-Service associated with the audit for approval for the Approved Arrangement?
All activities including desktop audit and site audit associated with approving the Approved Arrangement will attract current Fee-for Service charges. - Audit activities conducted on-site will attract an out-of-office fee that is currently greater that the in-office service fee.
5. Will the Approved Arrangement documentation provided to AQIS for desktop audit be kept confidential?
AQIS has a responsibility to their clients to treat all information provided in the strictest confidence.
6. Can I process multiple product lines in the same Establishment?
Yes, provided that all product lines are adequately documented under the Approved Arrangement and there are suitable controls in place to prevent cross-contamination.
7. If our establishment currently complies with the structural requirements under the Export Control (Processed Food) Orders 2005 – will it continue to comply under the new Orders?
It is likely that your structure will continue to comply – however your premises will be re-audited for compliance with Schedule 3 of the new Orders as part of the approval process when you apply for an Approved Arrangement. - Additionally, to meet the requirements of the AA, you will be required to have procedures in place to regularly verify that you continue to meet the structural requirements of the Orders, and that the results of verification are documented. (For example, you may choose to conduct regular internal audits of your premises against the requirements of Schedule 3 and keep records documenting that this has been carried out and that any repairs or maintenance have been carried out as required).
8. Is there a format for Internal Audits?
No, however Internal Audits will need to cover all of the required elements of the Approved Arrangement and must be conducted at least once every twelve months. A written record must be made of the internal audit and the results of the internal audit.
9. What is the relationship between HACCP and an Approved Arrangement?
HACCP is an integral part of the Approved Arrangement. - The HACCP system is a system of documenting your particular food processing activities and identifying specific hazards that may occur and measures for their control to ensure the resultant food is fit for human consumption. The Approved Arrangement must contain a HACCP Plan. Details of what must be contained in a HACCP plan can be found under Schedule 2 Clause 3 of the Export Control (Fish and Fish Products) Orders 2005.
The Approved Arrangement is the manual that documents your organizational structure, policies and all of your operational procedures, that is, how you will go about ensuring that your food products are fit for human consumption (Support Programs, GMP – Good Manufacturing Programs, Pre-requisite Programs) and that they continue to comply with importing country requirements and the Export Control (Fish and Fish Products) Orders 2005 – including how you will meet requirements for traceability, trade description and export documentation.
10. Does testing of product have to be carried out by a NATA accredited laboratory?
This depends on what the result is to be used for. If the result of the test is to be used to make a statement on a government certificate then yes, a NATA laboratory must do the testing. However, if the results are purely for verification of your HACCP or for other `internal' needs then no, you can use any laboratory to test your product. However the lab will need to follow the Australian Standards where the Food Standards Code states one is to be used.
11. How far back do we need to be able to trace our ingredients and products?
You must be able to trace back to whoever supplied you with the product or the ingredients (including catcher boats) and you need to be able to trace where or to whom your products were sent.
You must maintain sufficient records and traceability of product to ensure trace-back to the individual lot of food prepared by your establishment and trace-back to the supplier of the ingredients used in each lot.
Conducting a “mock recall” is a good way to test your systems and then make amendments where problems or deficiencies occur.
12. What detail do I need to put into my Approved Arrangement regarding sourcing product from catcher vessels?
You will need to detail in your Approved Arrangement the processes or procedures that you have in place to ensure that product sourced from catcher vessels is sourced only from catcher vessels with: - Disease management controls in place that ensure only healthy fish are harvested for food - Effective measures in place to ensure fish are not treated with a substance that could adversely affect the fitness for human consumption of the fish - Effective measures in place to ensure processing (including transport) is done under conditions that will ensure the fitness for human consumption of the food is not adversely effected - Effective measures in place to ensure that fish are place under temperature control as soon as practicable after harvesting. This may include details of vessel inspections, hygiene checks, product receival inspections and temperature checks.
13. Do the changes to verification requirements mean that I no longer need to test my water monthly?
Water is fundamental to processing, so you need to be able to assure AQIS and yourself that it will not be a critical risk to your processing. For this reason you need to have a regular program of checking your water status. Frequency of testing will be dictated by several factors including past results, condition of water supply systems, environmental factors and how much product you are willing to re-test or recall should you receive a result that indicates that your water supply is contaminated and has the potential to cause a food safety incident. AQIS continues to recommend monthly testing.
14. Do I need to test salt water?
This will depend on where you are sourcing the salt water from - water from the open ocean is unlikely to affect the safety of the fish you are catching - but water sourced from estuaries or harbour areas may contain substances and pollutants that could affect the safety of your product. The water quality of some in-shore areas may already be monitored under state shellfish sanitation control programs or by local council.
15. Will the sampling carried out by the NRS (National Residue Survey) be adequate to verify the source of the product?
This will depend on how relevant the survey information is to the product that you are verifying – the NRS sampling would need to have been conducted on the same product sourced from the same area as you are sourcing your product.
16. Schedule 5 – Harvesting & sourcing fish (Clause 2.1) states that "Fish that: (a) are dead at the time of harvest; or (b) are diseased; must not be prepared for export". Does this mean that aquaculture fish that die during routine handling – such as in fresh water bath, are not eligible for processing for export?
The important issue is; why did the fish die? If you know that it was not due to disease or poisoning and provided there were temperature controls and proper handling implemented they could remain eligible for export.
However if you do not know why they died, and disease or poisoning could be involved then they must not be processed. The repercussions of having diseased fish detected by the importing country authority would be swift and devastating for all Australian exporters of fish products.
17. Will AQIS be able to endorse HACCP food systems for the domestic market?
At this stage AQIS is negotiating with the individual state authorities regarding which agencies will be responsible for auditing and whether mutual audits will be possible. At this stage there has been no formal agreements made.
18. How long will it take to have a variation to the Approved Arrangement approved?
Schedule 2, Clause 18.1 details variations requiring notification and approval before implementation. There is no set time requirement in place for approval of variations to the Approved Arrangement. The length of time required will depend on the scale of the variation requested.
19. Is there a form that must be submitted when notifying AQIS of variations to Approved Arrangements that may potentially affect food safety?
No, there is no official form - you will however need to notify your local AQIS officer in writing of any intended changes to the Approved Arrangement that may affect the safety of the product you are processing. For example - if you wish to change a cooking temperature or make major changes to you processing equipment.
20. When a Registered Establishment changes hands or is re-registered – does the Registered Establishment Number stay the same?
Yes, the Establishment No. remains with the Establishment.
21. Can I change the anniversary date of my registration?
Yes, provided that the request is made in writing to the Secretary (or your local authorized officer).
22. If my registration is suspended – can I still produce product for the domestic market?
Yes, however product will still need to comply with the applicable state and domestic requirements.
23. How do I find out what the importing country requirements applicable to my product are?
Information on specific importing country requirements can generally be obtained by accessing the official trade websites of individual countries, or through your overseas trade partner - who will have access to their local authority. Internet links to a number of importing country authorities have been included in the Product Standards - Guideline to Compliance with the Export Control (Fish and Fish Products) Orders 2005.
24. What requirements will third party auditors need to meet if they wish to audit registered establishments on behalf of AQIS?
Schedule 10 of the Export Control (Fish and Fish Products) Orders 2005 provides details of the approval process for third party auditors seeking to audit on behalf of AQIS. Approval is through written application to The Secretary.
25. Will AQIS continue to supply books of printed Transfer Certificates?
No, AQIS will no longer be supplying pre-printed Transfer Certificates. Transfer Certificates are not required to be on an official form, as it is the information that is provided to the consignee when products are despatched from an establishment that is important (refer to Clause 7 of Schedule 8 for details of the information that must be given to the consignee). Also see the Traceability - Guideline to Compliance with the Export Control (Fish and Fish Products) Orders 2005, on the web for a guide to what may be used.
26. Are vessels that shuck product at sea required to comply with the new legislation?
Yes, shucking molluscs is a process that must be carried out by a registered establishment if the product is intended for export as food