Has undertaken a preliminary equivalence assessment by comparing it with New Zealand legislation. Comparison is limited to a comparison of clauses in the proposed standard with equivalent existing New Zealand controls. Further work is yet to be done to compare areas where NZ legislative controls are in place but no equivalent measure is present in the Australian standard. This assessment will be made available to FSANZ as soon as possible.
This Standard does not have many of the features of the NZ regulatory environment under the Animal Products Act that generally regulates primary production of seafood in NZ.
Of particular concern is that the standard does not regulate many of the matters pertaining to bivalve molluscan shellfish that are currently regulated under the Industry Agreed Implementation Standard IAIS005.1 in NZ which is soon to be superseded by the animal Products (Specifications for Bivalve Molluscan Shellfish) Regulations and Specification, a Regulated Control Scheme under the Animal Products Act 1999. NZ sees no different between the health needs of its domestic consumers and those in countries to which it exports shellfish and has effectively a single standard that applies to both domestic and export production.
Suggests a single consistent standard be applied across Australian export and domestic shellfish products.
Notes that the ASQAP Manual contains requirements that are similar to many aspects of the NZ requirements. Notes that compliance with this Australian programme is currently mandatory under the Australian export food control programme. Cannot understand why this programme is not required to be mandatory for all shellfish production throughout Australia under the proposed standard given that bivalve molluscan shellfish are identified as high risk and consistent application of effective controls is internationally recognised as being critical to ensuring shellfish safety for the consumer. Allowing discretion about the extent to which the many aspects of the ASQAP that are not replicated in the proposed standard will promote inconsistency between control authorities and may expose consumers to risk.
Strongly recommends that Australia consider fully adopting ASQAP by reference or replication in the PPPS for seafood to overcome these potential issues.
Notwithstanding the Trans-Tasman Mutual Recognition Agreement, while such deficiencies in regulation are in place, NZ will continue to treat Australian shellfish as high risk foods under imported food control programme. These products are included in the list of risk foods currently being considered by officials from FSANZ, AQIS and NZFSA under TTMRA and harmonisation of the risk list.
