Export Control (Plants and Plant Products) Amendment Orders 2007 (No. 1)

 

Export Control (Orders) Regulations 1982

I, PETER JOHN MCGAURAN, Minister for Agriculture, Fisheries and Forestry, make these Orders under regulation 3 of the Export Control (Orders) Regulations 1982.

Dated  31 August 2007

Peter McGauran

PETER MCGAURAN

Minister for Agriculture, Fisheries and Forestry

 

 

1                    Name of Orders

These Orders are the Export Control (Plants and Plant Products) Amendment Orders 2007 (No. 1).

 

2                    Commencement

These Orders commence on 1 November 2007.

 

3                    Amendment of Export Control (Plants and Plant Products) Orders 2005

Schedule 1 amends the Export Control (Plants and Plant Products) Orders 2005.

 

 

Schedule 1

Amendments

(order 3)

 

[1] After paragraph 3.1(d)

 

 insert

 

 (da)  mung beans;

 

[2] Paragraph 3.1(e)

 

 omit

 

 or (d)

 

 insert

 

 , (d) or (da)

 

[3] Suborder 4.1, after the definition of master

 

 insert

 

mung beans means whole seeds of the species Vigna radiata or Vigna mungo, including varieties, and synonyms.

 

[4] Suborder 4.1, definition of prescribed goods for consumption

 

 substitute

 

 prescribed goods for consumption means:

 

(a)                    mung beans; or

(b)                    any other prescribed goods that may be consumed by humans or livestock either with or without further processing.

 

[5] Suborder 7.1

 

 omit

 

 other than dried fruits

 

 insert

 

 other than dried fruits or mung beans

 

[6] After suborder 7.2 but before the Note

 

 add

 

 7.3 Schedule 3A applies in relation to registered establishments, or establishments in relation to which registration is sought, for the preparation or inspection of mung beans.

 

[7] After suborder 10.2

 

 add

 

 10.3 In the case of bagged mung beans, each bag must have attached to it, or printed on it, the registration number of the establishment where the mung beans were prepared and the lot number of the mung beans.

 

[8] After order 14

 

 insert

 

 14A Packaging requirements for mung beans

 

  In addition to complying with order 14, packaging materials for mung beans must adequately protect the mung beans from contamination.

 

[9] Order 48

 

 omit

 

 or dried fruits

 

 insert

 

 , dried fruits or mung beans

 

[10] After suborder 49.3

 

 insert  

 

 49.3A In relation to mung beans, inspection must be carried out in accordance with the requirements of Schedule 6A.

 

[11] After Schedule 3

 

 insert


Schedule 3A  Requirements for registered establishments for mung beans

 (order 7.3)

 

TABLE OF CONTENTS

 

Clause

 

1 Application for registration of establishment………………………………….

2 Requirements for plans and specifications…………………………………….

3 Alterations, extensions and rearrangements to establishments………………..

4 Records to be maintained……………………………………………………...

5 Structural requirements for establishments preparing mung beans……………

6 Operational and hygiene requirements for establishments preparing mung beans……………………………………………………………………………

 

 


1                         Application for registration of establishment

An application for registration must be completed and returned to an authorised officer in the State or Territory in which the establishment is located together with plans and specifications of the establishment.

2                         Requirements for plans and specifications

2.1                   For the purposes of registration, plans or diagrams giving the general structural and operational layout of the establishment must be provided.

2.2                   Plans must be sufficiently detailed to allow evaluation of the establishment and must include:

(a)                    a locality map showing the site in relation to the local area; and

(b)                    a site plan showing all salient features of the site and adjoining sites including location of the establishment; and

(c)                    a general floor plan; and

(d)                    elevations of all buildings comprising the establishment; and

(e)                    a floor plan of processing areas, showing all permanent fixtures and layout of equipment; and

(f)                     a product flow chart, and main features of product flow.

3                         Alterations, extensions and rearrangements to establishments

Notice of changes to a registered establishment that may result in residual infestation problems or that may affect sampling and inspection of mung beans must be submitted in accordance with clause 1.

4                         Records to be maintained

The occupier of a registered establishment must:

(a)                    keep, for at least two years, records of cleaning and pest control measures in sufficient detail to enable an authorised officer to monitor the effectiveness of pest control measures; and

(b)                    keep, for at least two years, records of receivals and loadings, and make them available to an approved inspector upon request.

5                         Structural requirements for establishments preparing mung beans

5.1                   An establishment in which mung beans are prepared or inspected for export must be designed and constructed to allow all operations for which the establishment may be registered to be carried out efficiently, effectively and hygienically and, as appropriate, the design and construction must:

(a)                    provide adequate ventilation where treatments are carried out; and

(b)                    allow effective cleaning of floors and surrounds in the product handling areas; and

(c)                    minimise harbourage for pests or diseases, or contamination of the mung beans during preparation; and

(d)                    allow effective cleaning of the plant and equipment used in the preparation or handling of the mung beans; and

(e)                    provide handwashing and toilet facilities; and

(f)                     make provision for the disposal of all waste material, including liquids and solids, in an efficient and hygienic manner.

5.2                   Equipment provided for the fumigation or treatment of mung beans must be constructed, tested, maintained and operated in accordance with applicable local government, State, Territory and Commonwealth regulations.

5.3                   The occupier of the establishment must, unless otherwise agreed by the Secretary, provide suitable facilities for inspection including:

(a)                    an inspection area located in a position where mung beans can be examined in good natural light or, if it is not possible to provide such an area, in suitable artificial lighting providing illumination of 600 lux; and

(b)                    suitable inspection tables or benches; and

(c)                    when required, access to a desk and chair; and

(d)                    access to a telephone.

5.4                   The occupier of the establishment must also provide the following facilities for safe and effective inspection:

(a)                    if the establishment handles mung beans in bulk requiring inspection at rates of 400 tonnes per hour or more:

(i)                     an automatic sampling system of demonstrated reliability that will deliver to a sampling room a sample of the goods from every goods path flowing separately to the ship; and

(ii)                   an appropriate screening system for removal of large contaminants; and

(iii)                 a sampling room that:

(A)                  complies with relevant State, Territory and Commonwealth occupational health and safety requirements and meets relevant Australian standards for health and safety in the workplace, particularly with respect to noise levels and dust, lighting for prolonged inspection activities and thermal comfort; and

(B)                  is approximately 9m2  for one sampling point plus 4m2 for every extra point; and

(C)                  has power, load indicators showing the rate of flow past sampling points, a telephone to the control room or other means of directing the stopping of the loading belt, and an outside telephone;

(b)                    if the establishment handles mung beans in bulk requiring inspection at rates of less than 400 tonnes per hour:

(i)                     provision for collection of samples in a safe and effective manner; and

(ii)                   if required by the Secretary – an automatic sampling system.

 

6                         Operational and hygiene requirements for establishments preparing mung beans

6.1                   A registered establishment in which mung beans are prepared or inspected for export:

(a)                    must be equipped and operated in a manner which permits effective pest control and hygienic conditions to be maintained at the establishment; and

(b)                    must have a defined program of hygiene and pest control.

6.2                   All machinery, equipment and surrounding floor area must be thoroughly cleaned of all waste material and debris at intervals not exceeding one week, or at such other times as an approved inspector considers necessary.

6.3                   Mung bean debris and waste must be removed from areas where mung beans are prepared each day and removed from the establishment each week.

6.4                   Any material likely to contaminate, infest or provide a source of infestation of mung beans must not be stored or handled in a building or area used for their preparation or storage or in any area likely to create a source of contamination.

6.5                   Toxic substances and other substances which may contaminate mung beans must not be stored in an area or a building where mung beans are handled or stored.

6.6                   Animals (including birds and rodents) must not be present in the establishment where preparation of mung beans takes place.

6.7                   A person who:

(a)                    is suffering from a communicable disease; or

(b)                    is a carrier of a communicable disease; or

(c)                    may transmit pathogenic organisms to mung beans;

must not enter any registered establishment used for the preparation of mung beans.

6.8                   All persons handling mung beans must maintain a high degree of personal cleanliness.

6.9                   Handwashing facilities and toilet facilities must be kept in a clean and sanitary condition at all times.

_______________________________________

[12] After Schedule 6

 

 insert

 

Schedule 6A  Inspection procedures for mung beans (order 49.3A)

 

 TABLE OF CONTENTS

 

 Clause

 

  PART 1 – GENERAL

 

 1 Sampling rate………………………………………………………..

2 Nil tolerance for pests and certain contaminants………………………………………………………...

 3 Treatment or cleaning of rejected mung beans ……………………..

 4 Site of inspection…………………………………………………….

 

 PART 2 - BAGGED MUNG BEANS

 

 5 Inspection procedures for bagged mung beans being loaded into ships’ holds or container system units ………………………………

6 Rejection procedures if pests found in bagged mung beans being loaded into ships’ holds or container system units …………………

7 Rejection procedures if contaminants for which there is nil tolerance found in bagged mung beans being loaded into ships' holds or container system units……………………………………

8 Inspection of container system units for bagged mung beans………

 9 Palletised mung beans in rodent plague areas ………………………

   

    PART 3 - MUNG BEANS IN BULK

 

  Division 1 Mung beans in bulk being loaded into ships’ holds

 

  10 Method of manual sampling ………………………………………...

  11 Sieving and inspection of the sample ……………………………….

  12 Rejection procedures if pests found in stream from storage cell to ship ………………………………………………………………….

13 Rejection procedures if contaminants for which there is nil tolerance found in stream from storage cell to ship……………………………

14 Undue delay after detecting pests, or contaminants for which there is a nil tolerance ……………………………………………………….

  15 Method of rejecting …………………………………………………

16 Screening of mung beans ……………………………………………

17 Sampling of mung beans by persons other than approved inspectors……………………………………………………………..

 

Division 2 Mung beans in bulk being loaded into container system units

 

18 Inspection of mung beans in bulk being loaded into container system units ………………………………………………………………….

19 Inspection of mung beans in bulk in container system units filled in the absence of an approved inspector……………………………. ….

20 Rejection procedures for mung beans in bulk in container system units filled in absence of approved inspector………....

 

PART 4 -  INSPECTION OF MUNG BEANS FOR PHYTOSANITARY CERTIFICATION

 

21 Inspection of mung beans for phytosanitary certification ……………….

22 Re-inspection of consignments where shipment delayed ……………

 

 

PART 5 -  TREATMENT OR CLEANING OF MUNG BEANS AND THEIR  RE-PRESENTATION

  

  23  Treatment of mung beans...….

  24 Treatment of mung beans in bulk in a container system unit

  25 Cleaning of mung beans to remove contaminants ………………….

  26 Re-presentation of mung beans for inspection after treatment or cleaning……………………………………………………………...

 


Part 1  General

 

1                         Sampling rate

Sub-samples of mung beans must be drawn from the consignment in a manner that ensures that the total quantity of mung beans inspected is:

 

(a)                    in the same proportion to the total quantity of the consignment as 2.25 L is to 33.33 t; or

(b)                    sufficient to enable an inspection to be made.

2                         Nil tolerance for pests and certain contaminants

2.1                   There is a nil tolerance for pests both:

(a)                    in samples presented for inspection;  and

(b)                    on bags of mung beans presented for inspection.

2.2                   There is a nil tolerance for the following contaminants:

(a)                    live animals;

(b)                    animal carcasses;

(c)                    animal droppings;

both:

(d)                    in samples presented for inspection; and

(e)                    on bags of mung beans presented for inspection.

2.3                   If during inspection pests are detected, the mung beans must be rejected in accordance with clause 6 or 12 as appropriate.

2.4                   If during inspection contaminants for which there is a nil tolerance are detected, the mung beans must be rejected in accordance with clause 7 or 13 as appropriate.

2.5                   If during inspection a contaminant other than a contaminant referred to in subclause 2.2 is detected, an approved inspector must:

(a)                    if he or she considers the contamination to be heavy – cause the loading to be halted; and

(b)                    in all cases – report the contamination to the person responsible for the mung beans.

3                         Treatment or cleaning of rejected mung beans

3.1                   If mung beans containing pests are rejected for reasons that will respond to treatment, an approved inspector must order treatment in accordance with Part 5, but the choice of treatment is the responsibility of the owner of the mung beans or the owner’s agent.

3.2                   If mung beans containing contaminants for which there is a nil tolerance are rejected for reasons that will respond to cleaning, an approved inspector must order cleaning in accordance with Part 5 but the method of cleaning is the responsibility of the owner of the mung beans or the owner's agent.

4                         Site of inspection

The site of inspection must be in a position which is well lit, clean, clear of fumigant gases and convenient to approved inspectors with regard to ease of drawing and examining samples without risk to personal safety.

 

Part 2 Bagged mung beans

 

5                         Inspection procedures for bagged mung beans being loaded into ships' holds or container system units

5.1                   Subject to subclause 5.2, bagged mung beans being loaded into a ship's hold or a container system unit must be inspected using both of the following methods:

(a)                    when inspecting the surfaces of bags:

(i)                     an approved inspector must inspect the surfaces either in stacks or during discharge from road or rail transport; and

(ii)                                 the person responsible for the mung beans must render any assistance necessary to an approved inspector including lifting and restacking the mung beans;

(b)                    when inspecting the mung beans:

(i)                     the contents of bags must be inspected by drawing sub-samples using a suitable trier; and

(ii)                                 the sub-samples must be sieved for the purpose of detecting pests or contaminants in the same manner as applies to mung beans in bulk under clause 11.

5.2                   For both the methods referred to in subclause 5.1, the following number of bags must be inspected:

(a)                    1 to 5 bags — the outside surfaces of each bag must be inspected and 1 sub-sample taken per bag;

(b)                    6 to 30 bags — at least every third bag and not less than 5 bags must have:

 

(i) the outside surface inspected; and

(ii) 1 sub-sample drawn from each;

(c)                    31 bags or more — at least every fifth bag and not less than 10 bags must have:

(i)                                   the outside surface inspected; and

(ii)                                 1 sub-sample drawn from each.

5.3                   Bags to be sampled and inspected must be chosen at random.

5.4                   Sub-sampling of contents using a trier must be varied from the top, middle and bottom throughout bags sub-sampled.

6                         Rejection procedures if pests found in bagged mung beans being loaded into ships' holds or container system units

If when bagged mung beans are being loaded into a ship's hold or a container system unit, pests are found in samples of the mung beans or on bags of the mung beans presented for inspection, then:

 

(a)                    if the consignments are inspected in a truck or as a palletised unit and the pests are found only on the structure of the vehicle or pallet, the mung beans on the truck or pallet must be rejected; and

(b)                    if large bagged stacks are inspected in store and the infestation is light, loading from another part of the stack remote from the site of infestation may be permitted; and

(c)                    all bags or pallets in physical contact with the infested bags or pallets, or all mung beans in the stack originating from the same storage unit or the same bagging plant, must be rejected.

7                         Rejection procedures if contaminants for which there is nil tolerance found in bagged mung beans being loaded into ships' holds or container system units

7.1                   Subject to subclause 7.2, if when bagged mung beans are being loaded into a ship's hold or a container system unit, a contaminant for which there is a nil tolerance is found in samples of the mung beans or on bags of the mung beans presented for inspection, then the entire lot must be rejected, including any goods already loaded and any goods still in store.

7.2                   If:

(a)                    the consignment of the mung beans comprises more than one lot; and

(b)                    the person responsible for the mung beans satisfies an approved inspector that:

(i) the contamination is confined to a particular lot or lots; and

 

(ii) the remainder of the consignment has not been cross-contaminated;

 

then only the contaminated lot or lots will be rejected.

 

8                         Inspection of container system units for bagged mung beans

8.1                   Before bagged mung beans are loaded into a container system unit, the empty unit must be inspected, and if necessary treated, in accordance with Part 2 of Schedule 5. 

8.2                   If bagged mung beans have been loaded into a container system unit in the absence of an approved inspector:

(a)                    they must be unloaded; and

(b)                    the empty unit must be inspected, and if necessary treated, in accordance with Part 2 of Schedule 5; and

(c)                    the unloaded bags of mung beans must be inspected in accordance with clause 5 and:

(i)                     if pests are found – the rejection procedures specified in clause 6 apply; or

(ii)                   if contaminants for which there is a nil tolerance are found – the rejection procedures specified in clause 7 apply.

9                         Palletised mung beans in rodent plague areas

9.1                   An approved inspector may determine that palletisation of mung beans is not permitted in areas where rodents are known to be present in plague numbers.

9.2                   At ports in times of rodent plague or when palletised bagged mung beans are delivered to a port from a rodent plague area, an approved inspector may have the palletised blocks broken down to facilitate a thorough inspection prior to loading into a ship or container system unit. 

Part 3 Mung beans in bulk

 

Division 1 Mung beans in bulk being loaded into ships' holds

 

10                     Method of manual sampling

10.1               Sub-samples taken manually must be drawn from:

(a)                    the stream on the conveyor belt as close to the valve of the cell as practicable; or

(b)                    the commodity as it falls from the belt or bin;

by dipping a 0.25 L dipper into the stream or product.

 

10.2               The contents of the dipper must be transferred to the sieve and the procedure repeated until 2.25 L has been transferred, whereupon the contents must be sieved.

11                     Sieving and inspection of the sample

11.1               The sieve must be shaken a sufficient number of times to allow all insects in the sample to pass through the screen into the pan beneath.

11.2               The product remaining above the screen must be examined for insect stages, or for contaminants for which there is a nil tolerance, that are too large to pass through the mesh.

11.3               After examination, the sieved product must be returned to the stream and the contents of the pan examined for live insects or for contaminants for which there is a nil tolerance.

11.4               If the use of automatic samplers and mechanical shakers or other mechanical sieving devices has been approved, they must be operated according to the approval.

12                     Rejection procedures if pests found in stream from storage cell to ship

12.1               In the case of sampling undercell — if pests are found in a sample taken at the inspection point in the undercell area, then the standard procedure must be as follows:

(a)                    the cell or cells from which the mung beans are being drawn must be closed immediately;

(b)                    the shipping belt must be stopped;

(c)                    all mung beans in the conveying system up to and including the weigher must be returned to storage for treatment;

(d)                    in establishments where blister or overflow bins are in use, mung beans from these cells must be returned to storage for treatment;

(e)                    if delay occurs in halting the flow, it may be necessary to reject an appropriate quantity of mung beans from the conveyor belt system beyond the weigher.

12.2               In the case of sampling on the shipping belt or its equivalent at those establishments where mung beans are sampled at a point beyond the bottom garner on a conveyor feeding the shipping belt or on the shipping belt itself — the standard procedure must be that, if pests are detected in a sample, all mung beans on the shipping belt must be rejected and returned without further inspection.

12.3               In the case of sampling from a horizontal storage where it is intended to move mung beans directly from the storage to a ship — arrangements must be made with the person responsible for the mung beans to inspect the mung beans in the storage prior to the commencement of loading and if:

(a) pests are found, the sections of the storage which are infested must be rejected until effectively treated; and

(b) it is apparent that pests are widespread, no further inspection is to be made until the mung beans have been effectively treated.

12.4               If the mung beans are being drawn from horizontal storages the following procedures must be applied:

(a) if only 1 valve is open and pests are found in a sample:

(i)                                   the valve from which the mung beans are being drawn must be closed immediately; and

(ii)                                 the shipping belt must be stopped; and

(iii)                               all mung beans up to and including the top garner and weigher must be returned to storage for treatment; and

(iv)                               in establishments where blister or overflow bins are in use, mung beans from these cells must be returned to storage for treatment; and

(v)                    if sampling is being undertaken on the shipping belt, the rejection procedure in subclause 12.2 applies; and

(vi)                               sufficient mung beans to fill a main silo cell may then be run into storage for treatment along with the rejected mung beans from the conveyor and weigher systems, and loading recommenced from the same valve; and

(vii)                             if pests are again found in a sample from this valve, then procedures specified in subparagraphs (i) to (v) must be followed and loading recommenced from the fourth valve along, leaving 3 unopened valves in either direction, and rejection procedures at this and subsequent valves must be as specified in subparagraphs (i) to (vi); and

(viii)                           if sufficient mung beans to fill a main silo cell cannot be moved for treatment due to lack of storage space, then the valve must be closed and discharge continued from the fourth valve along; and

(ix)                 if a valve is being fed by front-end loaders from each side and the pests are detected below the valve, then mung beans from both sides must be rejected;

(b) if more than 1 valve is open and pests are detected in a sample:

(i) all valves from which the mung beans are being drawn must be closed immediately; and

(ii) the shipping belt must be stopped; and

(iii) all mung beans up to and including the top garner and weigher must be rejected and returned to storage for treatment; and

(iv) in establishments where blister or overflow bins are in use, mung beans from these cells must also be returned to storage for treatment; and

(v) if sampling is being undertaken on the shipping belt, the rejection procedure in subclause 12.2 applies; and

(vi) sufficient mung beans to fill a main silo cell may be run from each valve and placed in store for treatment; and

(vii) each valve must then be reopened and may continue to be run unless further pests are detected; and

(viii) if further infestation is found in samples from 1 of the valves, all valves must be closed and the rejection procedures specified in subparagraphs (ii) to (v) applied; and

(ix) discharge must then be continued from a point or points at least 3 valves distant from valves previously open.

12.5               In the case of sampling at bagging establishments, where mung beans are being sampled in bulk prior to bagging and pests are found, an approved inspector must reject the source of the supply of mung beans to the bagging establishment and must direct treatment to be carried out at that source.

13                     Rejection procedures if contaminants for which there is nil tolerance found in stream from storage cell to ship

13.1               In the case of sampling undercell – if contaminants for which there is a nil tolerance are found in a sample taken at the inspection point in the undercell area, then the standard procedure must be as follows:

(a) the cell or cells from which the mung beans are being drawn must be closed immediately and the mung beans remaining in the cell or cells must be rejected;

(b) the shipping belt must be stopped and all mung beans on the shipping belt must be rejected;

(c) all mung beans in the conveying system up to and including the weigher must be rejected;

(d) in establishments where blister or overflow bins are in use, mung beans from these cells must be rejected;

(e) mung beans that are already loaded into the ship's hold must be rejected.


13.2               In the case of sampling on the shipping belt or its equivalent at those establishments where mung beans are sampled at a point beyond the bottom garner on a conveyor feeding the shipping belt or on the shipping belt itself – the standard procedure must be that, if contaminants for which there is a nil tolerance are detected in a sample, all mung beans:

(a) on the shipping belt; or

(b) in the conveying system; or

(c) already loaded into the ship's hold;

must be rejected and the source of the supply of the mung beans must also be rejected.

13.3               In the case of sampling from a horizontal storage where it is intended to move mung beans directly from the storage to a ship – arrangements must be made with the person responsible for the mung beans for an approved inspector to inspect the mung beans in the storage prior to the commencement of loading and, if contaminants for which there is a nil tolerance are found, the entire storage must be rejected.

13.4               If the mung beans are being drawn from horizontal storages and contaminants for which there is a nil tolerance are found in a sample, the following procedures must be applied:

(a) the valve or valves from which the mung beans are being drawn must be closed immediately;

(b) the shipping belt must be stopped;

(c) all mung beans up to and including the top garner and weigher must be rejected;

(d) in establishments where blister or overflow bins are in use, mung beans from these cells must be rejected;

(e) if sampling is being undertaken on the shipping belt, the rejection procedure in subclause 13.2 applies;

(f) the source of the supply of the mung beans must be rejected; 

(g) mung beans that have already been loaded must be rejected.

13.5               In the case of sampling at bagging establishments, where mung beans are being sampled in bulk prior to bagging and contaminants for which there is a nil tolerance are found, an approved inspector must reject the source of the supply of mung beans to the bagging establishment and must direct cleaning to be carried out at that source.


14                     Undue delay after detecting pests, or contaminants for which there is a nil tolerance

Should unnecessary delay occur between the discovery of pests, or contaminants for which there is a nil tolerance, and stopping of the stream flow, an export permit or phytosanitary certificate must not be issued for that tonnage of mung beans loaded after rejection was notified to a responsible person, unless the mung beans are discharged.

 

15                     Method of rejecting

15.1               Due to differences in construction and operation of registered establishments the Secretary may determine variations to the rejection procedures specified in clause 12 or 13, as the case may be.

15.2               If blending is being carried out during the pre-weighing or loading of a ship and blended mung beans are rejected, all cells or other sources feeding the blend must be included in the rejection.

15.3               Upon rejection an approved inspector must notify a responsible person on an approved form that treatment or cleaning, as the case may be, of the rejected mung beans is required, and that person must return the form, giving details of the treatment or cleaning carried out, before the mung beans are re-presented for inspection.

15.4               The Secretary may determine the maximum number of rejections that may be made during the loading of a ship.

16                     Screening of mung beans

16.1               Screening of mung beans during loading for the removal of live insects is not permitted.

16.2               Where mung beans that an approved inspector considers have been screened to remove insects are presented for inspection, the approved inspector must reject the mung beans.

16.3               Mung beans must be screened to remove large contaminants when automatic sampling is in use.

16.4               For the purpose of subclause 16.3, screenings must be available for examination by an approved inspector during and at the end of each working day.

17                     Sampling of mung beans by persons other than approved inspectors

If a person other than an approved inspector draws samples of mung beans, the person must inform an approved inspector on finding pests, or contaminants for which there is a nil tolerance, in any sample or sub-sample.

 


Division 2 Mung beans in bulk being loaded into container system units

 

18                     Inspection of mung beans in bulk being loaded into container system units

18.1               At establishments where container system units are being filled directly from holding bins, the mung beans may be:

(a)                    sampled from the stream as it enters the units; or

(b)                    sampled elsewhere in the stream path so long as, prior to the commencement of loading on the day concerned, the whole pathway forward of the sampling point to the point of loading was inspected and found to be free of a risk of contaminating the mung beans.

18.2               At establishments handling mung beans in bulk, inspection must follow the same procedures as apply under Division 1 in relation to the loading of mung beans in bulk into ships' holds. 

18.3               The presence of pests, or contaminants for which there is a nil tolerance, in or on a container system unit or the mung beans must lead to rejection,  in which case the rejection  procedures specified in Division 1 apply as if:

(a)                    the mung beans were being loaded into a ship's hold; and

(b)                    the mung beans were being conveyed on a shipping belt.

19                     Inspection of mung beans in bulk in container system units filled in the absence of an approved inspector

19.1               Inspection of mung beans in container system units must take place at the time of the filling of the units but, if this would involve the carrying out of an inspection at a registered establishment in a remote location, the mung beans may be inspected, in accordance with subclause 19.2, at a registered establishment when the units arrive at a port or metropolitan area. 

19.2               An approved inspector must:

(a)                    check that the container system unit has passed inspection by noting the presence of an ‘Inspected’ sticker and confirming that the number of the unit is on the checklist provided by the office responsible for the inspection; and

(b)                    check that any bulkhead fitted into the container system unit is clean, sound and free from pests, or contaminants for which there is a nil tolerance, and that there are no pests, or contaminants for which there is a nil tolerance, around the doors or bulkhead; and

(c)                    in the case of general purpose container system units, ensure that there is headroom of at least 900 mm over all of the bulk, or sufficient headroom to enable the withdrawal of sub-samples by vacuum probe or other appropriate equipment; and

(d)                    sub-sample or have sub-samples drawn with a probe in a minimum of five places, specifically one in each corner and one in the centre of the container system unit, and the probe must be inserted to the bottom of the unit so that the sub-sample is a representation of the full depth of mung beans at that point.

20                     Rejection procedures for mung beans in bulk in container system units filled in absence of approved inspector

20.1               For standard container system units filled with mung beans in bulk, a headroom of less than 900 mm must lead to rejection unless appropriate vacuum sampling can be carried out.

20.2               If a container system unit was not inspected and passed prior to filling, the entire load must be discharged, the unit must be inspected after the load has been discharged and the mung beans must be inspected during refilling.

Part 4 Inspection of mung beans for phytosanitary certification

 

21                     Inspection of mung beans for phytosanitary certification

21.1               Inspection and rejection procedures for bagged consignments of mung beans requiring phytosanitary certification must be carried out in accordance with Part 2.

21.2               Inspection and rejection procedures for consignments of mung beans in bulk requiring phytosanitary certification must be carried out in accordance with Part 3.

21.3               If inspection is required for the purpose of issuing a phytosanitary certificate for re-export, inspection procedures must be the same as for the issue of a phytosanitary certificate.

22                     Re-inspection of consignments where shipment delayed

22.1               Subject to subclause 22.2, re-inspection of a consignment after a period of 28 days from the original inspection has elapsed is required.

22.2               If a foreign country authority specifies a maximum time that may elapse between inspection and export and that time has elapsed before export takes place, an exporter may request a further inspection and issue of another certificate.

22.3               Re-inspection must be carried out by inspecting and sub-sampling surface layers without the need to discharge ships or container system units, except where the integrity of the consignment has not been maintained.

Part 5 Treatment or cleaning of mung beans and their re-presentation

 

23                     Treatment of mung beans

23.1               Mung beans rejected for pests are not to be re-presented for inspection unless they have been treated in such a way that they meet conditions for export.

23.2               If an insecticide or fumigant is used for the purposes of subclause 23.1, it must be:

(a)                    registered for the particular use; and

(b)                    used in accordance with its registered label; and

(c)                    acceptable to the importing country.

23.3               Rejected mung beans treated with an insecticide or fumigant must not be re-presented for inspection until after the exposure, airing periods and safety precautions specified on the registered label have been observed.

23.4               In the case of bagged mung beans, brushing of the outside of the bag alone to remove pests is not acceptable for the purpose of these Orders.

23.5               Blending of mung beans rejected for pests is not permitted.

24                     Treatment of mung beans in bulk in a container system unit

24.1               Despite clause 3, if mung beans in bulk loaded into a container system unit have been rejected for insect infestation, any treatment of the mung beans without discharge must be by way of fumigation.

24.2               Following treatment, the mung beans must be discharged or, if appropriate, part-discharged for re-inspection in accordance with subclause 19.2 prior to the issue of an export permit or phytosanitary certificate.

25                     Cleaning of mung beans to remove contaminants

25.1               Mung beans rejected for the presence of contaminants for which a nil tolerance applies are not to be re-presented for inspection unless they have been cleaned in such a way that they meet conditions for export.

25.2               In the case of bagged mung beans, brushing of the outside of bags alone to remove the contaminants is not acceptable for the purposes of these Orders.

25.3               Blending of mung beans rejected for contaminants for which a nil tolerance applies is not permitted.

26 Re-presentation of mung beans for inspection after treatment or cleaning

Re-presented mung beans must be inspected according to Part 2 for bagged mung beans or Part 3 for mung beans in bulk and must be rejected if any conditions for export are not met.

 

 

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