387Regulations and notices about imported food

1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations setting out all or any of the following for imported food:

2. general requirements that apply to imported food:
3. different requirements for different categories of food, based on criteria, descriptions, food groups, import pathways, origins, risks, or types:
4. requirements that specify which different categories of food require clearance under section 109, and requirements that specify other matters related to the clearance of that food:
5. restrictions or prohibitions on, or requirements for, dealing with food that is not cleared:
6. requirements relating to the safety and suitability of food and to good operating practice:
7. controls, restrictions, requirements, and prohibitions in relation to a food sector, including how a food sector must manage or deal with risks that arise from trading in food:
8. how the requirements may or must be met:
9. when the requirements must be met:
10. who is responsible for ensuring that the requirements are met:
11. other matters related to requirements:
12. sampling and testing requirements that must be complied with:
13. record-keeping requirements that must be complied with.

14. To avoid doubt, regulations under this section may apply different requirements to different foods within a category of food.

15. Before recommending the making of regulations under this section, the Minister must be satisfied that there has been appropriate consultation on the regulations in accordance with section 379.

16. The chief executive may, by notice under section 405,—

17. set requirements relating to the form or manner of applications for registration as an importer; and
18. specify—
    1. which imported food category a particular food fits into for the purposes of regulations made under this section; and
    2. conditions and criteria that attach to a particular food fitting within or continuing to fit within a particular category; and
    3. conditions and criteria that determine the basis for movement between particular categories; and
    4. requirements for providing samples and information about imported food and monitoring imported food that will assist in determining the risk of an imported food or determining an imported food’s categorisation; and
19. supplement regulations made under this section.

20. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

21. regulations under this section:
22. a notice issued under section 405 in reliance on subsection (4), unless the notice applies only to 1 or more named persons.