Ownership of intellectual property rights
|
|  Yüklə 4.08 Mb.
|
1.2This import risk analysis1.2.1BackgroundThe Fiji Agriculture Quarantine and Inspection Division (now known as the Biosecurity Authority of Fiji) formally requested market access for fresh ginger (Zingiber officinale) in a submission received in November 2003. This submission included information on the pests associated with ginger crops in Fiji. Further information was provided on the ginger production system in 2004 and 2007, outlining the land preparation, pest management, harvesting and postharvest handling. On 13 August 2010, DAFF Biosecurity advised stakeholders that this market access request would be progressed as a standard IRA, using the process described in the Import Risk Analysis Handbook 2007. 1.2.2ScopeThis IRA report assesses the biosecurity risks associated with the importation of fresh ginger from Fiji for human consumption. This includes both mature and immature ginger. Details of the production processes for the ginger are set out in Section 3. This report does not consider the risks associated with the importation of seed ginger specifically for propagation purposes on a commercial scale. The intentional importation of fresh ginger for the purposes of propagation (for example, by farmers) under an import permit for human consumption is a breach of import permit conditions, and liable to prosecution under the Quarantine Act 1908. The report does, however, take into account the possibility that consumers could potentially plant rhizomes purchased from retail markets, as this pathway cannot be effectively regulated. It is expected that volumes of ginger diverted to growing purposes by consumers would be small. Regional pest freedoms are not considered in the pest categorisation process where there are no specific management measures applied to interstate movement of ginger that exceed the standard requirements for clearance of imported fresh produce (i.e. inspection on arrival). Consistent with the obligations under the SPS Agreement, Australia must apply phytosanitary measures without discrimination between domestic and imported consignments.
1.2.3Existing policyAustralia does not currently permit the importation of fresh ginger rhizomes for human consumption from any country. Fresh ginger may only be imported into Australia for processing in a Quarantine Approved Premises. Processing involves the commercial drying, crystallisation, pickling or preservation of the ginger into a processed food form. Imports under this category may be permitted from all countries, but the method of processing must be approved by DAFF Biosecurity, and carried out in an approved facility where all waste is treated by appropriate methods to mitigate any quarantine concerns. The importation of dried ginger is permitted from all countries. Dried ginger rhizomes must have a moisture content of less than 15 percent. The import conditions for processed ginger products can be viewed on the DAFF Biosecurity import conditions database (ICON) at http://www.aqis.gov.au/icon. 1.2.4Contaminating pestsIn addition to the pests of fresh ginger from Fiji that are identified in this IRA, there are other organisms that may arrive with the ginger rhizomes. These organisms could include pests of other crops or predators and parasitoids of other arthropods. DAFF Biosecurity considers these organisms to be contaminating pests that could pose sanitary and phytosanitary risks. These risks are addressed by existing operational procedures. Further information on the management of contaminant pests, particularly ants, is covered in Section 5.2. 1.2.5ConsultationDAFF Biosecurity received a report from the Australian Ginger Industry Association outlining their concerns following the announcement of the commencement of the IRA process in August 2010. A draft pest categorisation table was distributed to the relevant state departments for comment to identify any concerns during preparation of the report. Submissions were received from Queensland, South Australia, Victoria and Western Australia. In September 2011 DAFF Biosecurity met with the Australian Ginger Industry Association in Nambour, Queensland to discuss the IRA process and the pests of quarantine concern.
1.2.6Next stepsThis draft IRA report gives stakeholders the opportunity to comment and draw attention to any scientific, technical, or other gaps in the data, misinterpretations and errors. DAFF Biosecurity will consider submissions received on the draft IRA report and may consult informally with stakeholders. DAFF Biosecurity will revise the draft IRA report as appropriate and then prepare a provisional final IRA report, taking into account stakeholder comments. State and territory governments will be consulted on the proposed outcomes of the IRA. The report will be distributed to the proposer and registered stakeholders and the documents will be placed on the public file and the DAFF website. The regulated timeframe for an IRA ends when a provisional final IRA report is issued. Stakeholders who believe there was a significant deviation from the IRA process set out in the Import Risk Analysis Handbook 2007 (update 2011) that adversely affected their interests may appeal to the Import Risk Analysis Appeals Panel (IRAAP). Appeals must be lodged within 30 days of the publication of the provisional final IRA report. The appeals process is independent of DAFF Biosecurity. It is a non-judicial review that is not regulated under the Quarantine Regulations 2000 made under the Quarantine Act 1908. Further details of the appeal process may be found at Annex 6 of the IRA Handbook. At the conclusion of the appeal process and after any issues arising from the IRAAP process have been addressed, the First Assistant Secretary of DAFF Biosecurity will provide the final IRA report and a recommendation for a policy determination to the Director of Animal and Plant Quarantine. The Director of Animal and Plant Quarantine will then make a determination. The determination provides a policy framework for decisions on whether or not to grant an import permit and any conditions that may be attached to a permit. A policy determination represents the completion of the IRA process. The Director of Animal and Plant Quarantine notifies DAFF Biosecurity of the policy determination. The proposer, registered stakeholders and the WTO Secretariat are also notified of the determination. The determination will also be placed on the public file and on the DAFF website. |