Dissenting Report by Government Senators
Introduction
1.1
In 2001, the Australian Government introduced a blanket ban on the
domestic sale of beef and beef products from any country that had a confirmed
case of BSE. It was implemented to protect the Australian population from BSE
contamination in the food supply, because of the link made between the
consumption of certain tissues from BSE infected cattle and the rare fatal
human disease Creutzfeldt-Jakob Disease (vCJD).
1.2
At the time of the outbreak, the ban on the importation of beef into
Australia was based on the best scientific knowledge available. It was
acknowledged that this science was conservative, and subject to review.
1.3
The Committee has learned over the course of the inquiry that the
science has developed significantly since the ban on imported beef was
introduced in 2001.
- It is now scientifically evident that BSE cannot be introduced by
the safe importation of beef (i.e. there is no viable pathway for BSE to enter
Australia).
- Uncertainty about the risk to human and animal health has
subsequently been clarified. Therefore and the policy rationale behind the
original ban (the risk to human and animal health) is no longer in existence.
- The vast majority of the Australian beef industry strongly support
the change in policy
- The peak body for the Australian beef industry (the Red Meat
Advisory Council Ltd) sought these changes, noting that it had been an
outstanding issue for more than two years.
- The beef industry sought confirmation that they will be consulted
in the development of the import protocols. FSANZ have consulted with the peak
industry body in the development of the policy.
- The Australian Red Cross and their Blood Service are also
satisfied that the change in policy will not impact on Australian blood supply.
rejecting claims that blood donations could be hindered by the Federal
Government's decision to allow imports of beef from countries previously
affected by mad cow disease.
1.4
Government Senators note that on 8 March 2010, the Minister for
Agriculture, Fisheries and Forestry wrote to the Director of Animal and Plant
Quarantine and requested Biosecurity Australia conduct an Import Risk Analysis
(IRA) for fresh beef (chilled or frozen) from countries other than New Zealand.
1.5
This decision was to ensure import conditions are developed on the full
range of animal health issues based on the best available science, to provide a
high level of assurance to the community. It also provides further
opportunities for public consultation. This will ensure the best science based
process is applied. The IRA is a formal review process of the animal health
risks associated with imported beef. It has specified time frames, guaranteed
opportunities for community engagement and review by an Eminent Scientists
Group.
1.6
Government Senators regards the health and safety of Australian
consumers and our favourable animal health status as matters of the highest
importance.
1.7
Government Senators are confident that the change in policy will not
affect Australian food standards which require that beef and beef products be
derived from animals free of BSE. Nor will it affect Australia’s
internationally recognised negligible BSE risk status in terms of animal
health.
1.8
There have been considerable advances in scientific understanding and
risk management since 2001 when the previous policy on BSE and imported food
safety was put in place. The change of policy has occurred within the framework
of Australia's strong science-based risk-management approach to human, animal
and plant health policy, in line with our international trade obligations.
1.9
An independent review concluded that over the last five years the
evidence for more effective control of the global BSE epidemic has
strengthened. Passive and active surveillance, carried out in accordance with
the World Organisation for Animal Health (OIE) guidelines has shown that
numbers of BSE affected cattle are falling year by year in virtually all
affected countries.
1.10
Government Senators understand that BSE can only be transmitted by
feeding cattle with meat and bonemeal produced from BSE-infected cattle. It is
very clear that Australia has in place comprehensive regulatory controls which
prohibit the feeding of meat and bone meal to cattle and other ruminant
animals. Government Senators acknowledge the broad community interest in the
labelling of beef and note the Government’s actions to respond to consumer
concerns about labelling of beef products. Country of origin labelling is
already mandatory for packaged foods and some unpackaged foods, namely fruit
and vegetables, fish and pork. In response to a request from the Parliamentary
Secretary for Health, Food Standards Australia New Zealand (FSANZ) is now
examining a proposal to extend country of origin labelling for other unpackaged
meats, including beef, lamb and chicken meat products. This is expected to be
completed in early 2011, in advance of any possible beef imports from new
markets.
1.11
In addition, the Government is seeking agreement from industry about a
new labelling system for beef products which will make it easy for consumers to
identify, for example, whether their meat pie contains only Australian beef.
Import Risk Assessment (IRA) Process, Ministerial and Parliamentary
Involvement
2.1 Biosecurity Australia has described extensive
consultation mechanisms that will be implemented as part of the IRA Process, in
recognition that there is considerable public interest in IRA Processes.
Government Senators note that the IRA Processes have evolved over time. The
requirement to put a statutory timeframe on the IRA Process, as articulated in
the IRA Handbook, was implemented in 2007.
2.2 Successive Australian Governments have advocated a
science based approach to decisions about the entry into Australia of imported
products. However Government Senators note that these decisions are subject to
Parliamentary Scrutiny.
2.3 The Australian Parliament has established a robust
decision making framework through primary and subordinate legislation which
delegates decision making in this regard to officials with technical expertise,
in some cases with the guidance of eminent and independent scientists. Changes
to the legislation are a matter for the Parliament and subordinate legislation
enjoys parliamentary scrutiny.
2.4 Administrative decisions made by the Director of
Animal and Plant Quarantine are made in accordance with relevant primary and
subordinate legislation and subject to judicial review. The IRA process is
conducted publicly and Senators and other interested parties have considerable
opportunity to ask questions of and make comments to both the process and the
Director of Animal and Plant Quarantine through the Minister, Senate Estimates
and other processes.
2.5 Government Senators are confident that processes
in existence enjoy considerable public and parliamentary scrutiny and do not
support Recommendation 1 of the Committee report which advocates
Ministerial involvement in Import Risk Assessment matters.
Stop the clock provision for IRA beef from Japan
3.1 The inquiry heard that the “Stop the Clock”
provision for the current IRA has been activated for beef imported from Japan.
This is due to an outbreak of Foot and Mouth disease in that country. The Stop
the Clock provision suspends the statutory framework for the Japan imported
beef IRA process until the outbreak of Foot and Mouth disease is demonstrated
to have stopped.
3.2 The inquiry heard that a new case of BSE in Canada
would not instigate the Stop the Clock provision for the Canada imported beef
IRA because it is already known that BSE exists in that country.
3.3 Government Senators are confident that the
existence of BSE in a country where an IRA process has commenced will be
appropriately considered by the IRA process.
Tracing product from point of sale
4.1 Government Senators believe that countries that
wish to export beef and beef products to Australia are required to demonstrate
that they have adequate livestock identification and traceability systems in
place which deliver standards equivalent to those of the Australia’s National
Livestock Identification System (NLIS). NLIS provides for livestock
identification and traceability from their birthplace to the point of
slaughter.
Current understanding of human health risks associated with BSE
5.1 Government Senators note that the Government has
asked Food Standards Australia New Zealand (FSANZ) to consider reviewing the
Country of Origin Labelling standard with a view to remove its inconsistency in
application across unpackaged meat, particularly beef.
Senator Glenn Sterle Senator
Kerry O'Brien
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