Industry Advice Notice no. 2007/32: Grain - Legislation - Incorporation of mung beans into the Export Control

​10 September 2007

Further to Industry Advice Notices 2007/08 and 2007/21, this notice is to advise of:

1. the repeal of the Export Control (Mung Beans) Orders (the MBOs);
   
2. the incorporation of the conditions and restrictions on the export of mung beans into the Export Control (Plants and Plant Products) Orders (the PPPOs); and
   
3. ​a consequential amendment to the Export Control (Fees) Orders (the Fees Orders) to update a reference to the MBOs in Suborder 4(1).

The new legislation will commence on the 1st November 2007.  From this date, the following key changes for mung bean exports will come into effect:

• the structural, operational and hygiene requirements for registered establishments in which mung beans are prepared for export will be included in a new schedule, Schedule 3A.  The provisions of Schedule 3A were previously covered in the MBOs by reference to the Code of Hygienic Practice for Oilseeds, Pulses and Legumes (the Code). 
  
• the Code has been removed as a document incorporated by reference. 
  
• the sampling and inspection procedures for mung beans will be outlined in a new schedule, Schedule 6A. 
  
• the requirement for authorised officers to certify that mung beans are fit for human consumption and have not been adulterated or have in or upon them any substance which renders the food poisonous, harmful or otherwise injurious to health has been removed.
  
• the definition of ‘prescribed goods for consumption’ is to be applied to all mung beans, regardless of the intended end use.  The effect of including mung beans in this definition is to require a more stringent inspection regime to be applied to the transport units in which mung beans are to be exported. 
  
• exporters should note that the issuance of export certification for mung beans by AQIS does not provide assurance of the suitability of the product for consumption.
  

The basic procedure for exporting mung beans will remain the same, in brief:

• the mung beans must be prepared and presented for inspection at a registered establishment;
  
• Exporters must supply an authorised officer with a completed ‘Notice of Intention to Export’; 
  
• the container or ship in which the mung beans will be exported must be inspected;
  
• the mung beans must be inspected;
  
• following inspection, if an authorised officer has reasonable grounds to believe that the conditions and restrictions of the Orders have been met, an export permit for the mung beans will be issued (and a phytosanitary certificate if required by an importing country authority).
  

Copies of the legislative instruments and accompanying explanatory material can be downloaded from the Federal Register of Legislative Instruments by clicking on the following links:

1. Repeal ​of the MBOs
   
2. Incorporation of mung beans into the PPPOs
   

Note: A compilation of the Amendment Orders and the PPPOs will be available to download after the 1 November 2007 commencement date.  In the interim, the Amendment Orders will be available as a separate document and should be read in conjunction with the most recent compilation of the PPPOs, which can be accessed via the above link, and then by clicking the “Amends” tag.

3. ​Consequential amendment to the Fees Orders
   

For further information, the first point of contact for exporters or registered establishment operators is the relevant regional AQIS office.

Mike Gilbert      
Program Manager   
Grain and Plant Products Exports Program

Contact Officer:
Jillian Walsh 
Ph: 02 6272 3787   
Fax:  02 6272 3745