Who is responsible for ensuring that exported fish products are safe to eat?

In Plain English

The Export Control (Fish and Fish Products) Rules 2021 lays out several rules to ensure exported fish and fish products are safe for human consumption.

During transportation, the fish must be kept at the right temperature and under any other necessary conditions to prevent them from becoming unsafe to eat. If fish products aren't fit for human consumption, they must be clearly marked and stored separately to avoid contaminating other fish products. There are specific rules for "manufacturing grade" fish (fish that can be processed to become safe) and fish intended for animal food, ensuring they are also identified and stored properly.

If an export permit is cancelled or an authorized officer directs that fish cannot be exported for food, these fish must be marked accordingly, stored separately, and not loaded for export. Additionally, if fish products don't meet the requirements of the country they're being exported to, it must be easy to figure out which country they're intended for and whether they meet that country's standards.

The fish products must also meet the standards outlined in the Australia New Zealand Food Standards Code, covering things like contaminants, chemicals, and microbiological limits.

Detailed explanation

The Export Control (Fish and Fish Products) Rules 2021 outlines several responsibilities to ensure the safety of exported fish and fish products. While the rules don't explicitly name a single responsible party, they distribute the responsibility across various stages of the export process.

Key aspects of these responsibilities include:

• Transportation: Section 5-26(1) mandates temperature controls during transportation to maintain the fish in accordance with the applicable requirements to ensure that live fish are maintained in a healthy condition. Section 5-26(2) states that transportation must occur under any other conditions necessary to ensure their fitness for human consumption is not adversely affected during transport.
• Identification and Segregation of Unfit Products: Section 5-27 details how fish and fish products not fit for human consumption must be identified and handled. This includes clear labeling ("not for export as food," "manufacturing grade," or "for use as animal food") and proper storage to prevent contamination of other fish products.
• Compliance with Importing Country Requirements: Subsection 5-27(6) requires that if fish products do not meet the requirements of the importing country, the intended destination and compliance status must be readily ascertainable.
• Adherence to Product Standards: Section 5-28 mandates adherence to the Australia New Zealand Food Standards Code, covering contaminants, chemicals, additives, microbiological limits, and other relevant factors. The Food Standards Code is defined in section 1-6 of the Fish Rules as the Australia New Zealand Food Standards Code.

The legislation does not explicitly state who is responsible for ensuring exported fish products are safe to eat. However, based on the information provided, the responsibility falls on the "holder of the approved arrangement for operations to prepare the fish or fish products" mentioned in subsection 5-27(4)(b).