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Holding Orders
All food imported into Australia must comply with the requirements of the Imported Food Control Act 1992 (the Act). The applicable standards under the Act are those set down in the Australian and New Zealand Food Standards Code.
Under the Imported Food Inspection Scheme (IFIS) food is subjected to inspection and testing by authorised AQIS officers to ensure compliance with the Food Standards Code. Food imported into Australia is classified into one of three inspection categories, risk, active surveillance and random surveillance. These categories determine the frequency of testing and the tests that will be applied
When an imported food is found not to comply with Australian standards, AQIS officers can apply a Holding Order. A Holding Order is a legal mechanism under the Act which ensures that future comparable consignments of a failed food are referred to AQIS to ensure the reason that the food failed has been rectified.
Holding Orders are only placed on foods in the active and random surveillance categories. The normal rate of inspection for active surveillance and random surveillance foods is;
- Active Surveillance - 10 per cent that is randomly selected, and
- Random Surveillance - 5 per cent that is randomly selected.
Generally a Holding Order will remain in force until the food subject to the Holding Order demonstrates continued compliance with Australian standards. This is usually when five consecutive consignments comply with Australian Standards.
What happens to a food that fails the first inspection?
Owners of imported food that fail inspection have the following options available:
- bring the food into compliance, or
- downgrade the food (if applicable), or
- re-export the food, or
- destroy the food.
How do I know if a food is subject to a Holding Order?
There is no published list of foods that are subject to a Holding Order, AQIS will advise the original importer of a failed food that a Holding Order has been applied to a particular food. AQIS is legally bound to keep information about the importers of these foods and this information is classed as confidential.
Once a Holding Order has been applied to a failed food, future comparable consignments of that type of food will be referred to AQIS to ensure that the previous non-compliance with the food has been addressed. The Food Control Certificate issued by AQIS prior to inspection will advise importers if any food in a consignment is subject to a Holding Order. Food subject to a Holding Order will not be granted a release until the food has passed inspection or inspection and analysis.
Will food on a Holding Order be allowed into Australia and what happens if the food fails?
The application of a Holding Order to a consignment of food does not mean that the food will not be allowed onto the Australian market the next time it is imported.
If the importer or owner has arranged for the initial problem to be corrected and the food passes inspection, the food can be released for distribution, and this will count as a pass against the Holding Order. Some labelling deficiencies may be corrected at the time of importation and prior to inspection by officers of the Imported Food Program.
What do I do when I get a letter advising me of a Holding Order?
There is no need for alarm.
When a Holding Order is applied AQIS will send notification to the importer of the goods and the Embassy or High Commission of the country from which the food originated. Notification includes a covering letter and a copy of the Holding Order schedule. Note – AQIS does not notify the Embassy or High Commission if the food failed for labelling or visual non-compliances.
As a matter of courtesy AQIS advises officials at the local Embassies or High Commission, of overseas countries when a Holding Order is placed on foods that are manufactured in their countries. This is done with the intention of initiating dialogue between AQIS and overseas officials to establish a better understanding of Australia's requirements and minimise the amount of food that fails AQIS inspection.
A Holding Order letter is not an indication that the consignment of food that has failed is required to be held, the letter is to inform you that a Holding Order has been placed on future consignments of this type of food.
If the food could not be brought into compliance with Australian requirements, the options available to deal with this food will be provided to the importer by AQIS at the time of inspection.
How is a Holding Order revoked?
A Holding Order can be revoked if:
- five consecutive consignments pass inspection or inspection and analysis, or
- standards or testing requirements change and the Holding Order is no longer appropriate, or
- information is provided to the Secretary of the Department of Agriculture, Fisheries and Forestry – Australia that the food complies with the Food Standards Code.
When a Holding Order is revoked AQIS will send notification to the importer of the goods and the Embassy or High Commission of the country from which the food originated.
The referral rate for the food subject to the Holding Order is returned to the normal rate of inspection which may have been either:
- Active Surveillance - 10 per cent that is randomly selected, or
- Random Surveillance - 5 per cent that is randomly selected.
Imported Food Program
Australian Quarantine and Inspection Service
GPO Box 858
Canberra, ACT 2601
Telephone: (02) 6272 5488
Fax: (02) 6272 5423
E-mail:Food Imports