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Import Clearance Procedure

Food imported into New Zealand for sale

All food imported into New Zealand for sale must comply with the Food Act 1981 and any relevant regulations and food standards made under that Act. This includes labelling and compositional requirements of the Australia New Zealand Food Standards Code. It is the importer’s responsibility to ensure that all legal requirements are met.

For more information about compositional and labelling requirements, see the Foods standards code.

Food Standards Code and User Guides - Food Standards Australia New Zealand website

Food Importer Standards

Importers of food for sale must comply with the Food Importer Standards. The standards are the Food (Importer Listing) Standard 2008, and the Food (Importer General Requirements) Standard 2008.

Importers are required to submit details such as their company’s trading name and physical address, a contact person’s name and postal address with NZFSA, for listing purposes.

They are also required to keep records that show how the products they import for sale comply with all applicable New Zealand legislation. These records must show how their food products have been produced, transported and stored safely, as well as purchase records and relevant supplier information. For more detailed information, see Food (Importer) Standards 2008.

Food importer standards guidance

All importers of food for sale must be listed with NZFSA before importing food into New Zealand.

Prescribed foods

Prescribed foods are foods of interest to NZFSA and are targeted at the border using tariff code(s).

Prescribed foods must not be imported into New Zealand unless the importer of those prescribed foods has satisfied a Food Act Officer (FAO) that the food complies with the Food Act, relevant regulations and applicable food standards.

NZFSA has specific options and clearance procedures available for importers wishing to satisfy a FAO that the prescribed food is compliant. These procedures are known as Imported Food Requirements (IFR) which can be viewed on the NZFSA website. Clearance options may include recognised assurances / certification or sampling and testing of the prescribed food.

Import requirements for specific foods

If the food is of interest to NZFSA, it will be stopped by Customs and the importer must apply to CCH for a ‘NZFSA Single Use Permit’. The invoice for the consignment and any other relevant documentation, such as recognised certification, should be sent with the application. The Single Use Permit is the final NZFSA clearance and permits full release to the domestic market. A Single Use Permit will be issued if a FAO has been satisfied by the importer that the prescribed food complies with the Food Act.

NZFSA Single use permit application

If sampling and testing (or other evidence) is required, a Conditional Release Permit will be issued to allow the prescribed food to be moved to a holding facility. The condition of the release is that the prescribed food must be held until a FAO is satisfied that the prescribed food complies with the Food Act. This may include provision of documentation, sampling and testing or inspection.

The costs of inspections, clearances and issuing the Single Use Permit are met by the importer. These charges are listed in the Food (Fees and Charges) Regulations 1997.

Food (Fees and Charges) Regulations 1997 - New Zealand Legislation website

The following three options may be available to importers when they are aiming to satisfy a FAO that the prescribed food complies with the Food Act and can therefore be cleared. The individual IFRs for each prescribed food detail which option is available for the associated food.

1. Pre-clearance arrangement (acceptance of recognised assurances / certification)

Where a government to government pre-clearance arrangement exists, or NZFSA recognises specific overseas manufacturers, then approved assurances / certification may be accepted with imports of a prescribed food under that specific arrangement.

In all cases a valid assurance / certificate is required for each food type which is:

• conveyed by the same means of transport

• consigned by a single consigner

• originates from the same exporting country or territory.

Importers should check specific assurance / certification requirements in the appropriate IFR prior to importing a prescribed food.

In addition to the document check, a food type imported under a specific pre-clearance arrangement is required to be inspected (physical inspection or sampling and testing) at intervals to verify assurance / certification.

The standard inspection rate used to verify certification under a specific arrangement may be:

• 1 in every 20 where imports of that food type under a specific certification arrangement are more frequent than 20 in a six-month period; or

• 1 every 6 months where imports of that food type under a specific pre-clearance arrangement are less than 20 in a six-month period.

Specific IFRs identify the type of inspection applicable to each country arrangement (e.g. sampling and testing, and physical inspection including container seal checks, inventory checks and identity checks) and inspection rates if different from the standard rate outlined above.

2. Clearance without assurances / certification

In the absence of approved assurance / certification, prescribed foods may be sampled and tested in New Zealand according to a NZFSA’s sampling and testing protocol for imported prescribed foods. If foods have any additional requirements they are detailed in the specific IFR.

NZFSA Sampling and testing protocol for imported prescribed foods

FAO’s employed by NZFSA are responsible for the inspection and sampling of imported prescribed foods, under the coordination of CCH.

Where sampling and testing is required, a copy of the NZFSA Conditional Release Permit is assigned electronically to the NZFSA Verification Agency office in the area where the holding facility is located. A FAO will contact the importer to make arrangements for the inspection and/or sampling and testing of the food. Inspection, testing and sampling will be at the importers own cost.

3. Multiple Release Permit (MRP)

An MRP may be issued for imported foods that are:

• Inadvertently captured by the tariff codes monitored by the NZFSA, or

• From particular suppliers under an arrangement agreed to by the importer and NZFSA.

Inadvertent captures occur because the tariff classification system is not designed specifically around New Zealand’s imported food controls.

Certain prescribed foods requiring approved assurances / certification may be eligible for an MRP and this will be specified in the IFR for that food. Documentation checks and inspections are a requirement of a MRP of this type. The MRP will specify the documentation and frequency of inspection. It is the importers responsibility to ensure these requirements are met.

MRPs are specific to importer, broker, food type and supplier, and may be issued for a defined time period and are reviewed on an annual basis for compliance.

Importers wishing to apply for a MRP should contact the NZFSA Approvals Group to discuss their situation.

Contact:

Advisor (Food Service, Sale and Import)

Approvals and ACVM Group

Phone: (04) 894 2500

Email: approvals.fssi@nzfsa.govt.nz