AQIS stopped issuing ‘Instruments of Approval’ (IOAs) and ‘Letters of Acceptance’ (LOAs) on 1 July 2011 (see AQIS Meat Notice Number 2011/05: ).  Existing IOAs and LOAs will remain effective until they expire.  A system of self-declarations issued by the manufacturers/suppliers of chemicals has been proposed by AQIS to replace the IOAs and LOAs.

 

What does this mean to operators of food establishments and to food auditors?

The IOAs and LOAs were issued by AQIS to confirm acceptability of specified chemicals for use in export meat establishments.  These documents were relied upon by those approving use of chemicals in a broad range of food establishments to indicate suitability for use in all food establishments.

As the IOAs and LOAs expire there will no longer be any certification of suitability for use in food establishments issued by an official (government) organisation.

AQIS has proposed that suppliers of chemicals provide ‘declarations’ (i.e. self-declarations) for suitability of use in export meat establishments.  The self-declaration must indicate the chemical substance is fit for use in export meat establishments.

According to the AQIS Meat Notice, occupiers of export meat establishments are now responsible for ensuring compliance with Australia’s export legislation.

The responsibility for determining suitability of chemicals for use in food establishments is now transferred to operators of food establishments and food auditors.

 

What constitutes suitability or fitness for use in a food establishment?

There are many aspects of chemicals that influence fitness for use in food establishments.  These include:

• Approval for use in the foods, i.e. the ingredients are listed in the Food Standards Code for use in the relevant foods.
• Where chemicals are not listed in the Food Standards Code, use does not leave residues that contaminate food.
• The ability of the chemical to taint food.
• The ability of the chemical to alter the colour of food.
• Compatibility of the chemical with operations in the area in which they are used.
• Performance of the chemical, e.g. a disinfectant provides the required level of control/reduction of contaminating microorganisms.

Determining if a chemical is fit for use in a specification situation requires the person approving the use of the chemical to know the identity of all substances in a chemical product and to understand each ingredient’s approval status.  Understandably the need for manufacturers to disclose all ingredients in a formulated product to third parties presents concerns over the proprietary control of formulations and the intellectual property that is the basis for the formulations.

To overcome this concern, AQIS has proposed that chemical manufacturers/suppliers provide self-declarations confirming suitability for use in export registered meat and meat product establishments.

 

What is the impact of self-declaration?

Those making self-declarations and those relying on self-declarations may misinterpret the essential requirements for safety and fitness for use:

• The Declaration refers to ‘Hazardous Substances’.  It also refers to the MSDS (Material Safety Data Sheet) or SDS (Safety Data Sheet).  The definition on an MSDS/SDS for ‘hazardous’ is different to that used by AQIS.  The MSDS/SDS uses the Work Safe Australia criteria to determine whether a chemical is hazardous or not.  In contrast, AQIS uses the term to substances ‘hazardous’ to the food.  It is possible for a material classified as non-hazardous according to Work Safe Australia to be hazardous to food. We recommend the proposed declaration replace the term ‘hazardous’ with ‘chemical’, i.e. the title should be ‘Declaration for a Chemical Substance for Use in Export Registered Meat and Meat Product Establishments’.
  
• AQIS recommends that an MSDS/SDS be provided with the Declaration.  We believe this could be misleading as the MSDS/SDS is designed to disclose hazards to workers and the environment.  Typically, an MSDS/SDS only lists hazardous constituents.  Without full formulation details it is not possible to determine if a formulated product is suitable for use in a food establishments, e.g. fragrances would no normally be disclosed on an MSDS/SDS but are generally unacceptable for use in export meat establishments. We recommend that the MSDS/SDS be used for the purpose it was designed for and not for determining suitability for use in specific food establishments.
  
• The person issuing a declaration may not have full knowledge of all situations in which products are to be used and which declarations are to be issued. There will be a need for those approving use of specific chemicals in food establishments to determine whether the declaration can be trusted or not.

 

How can the industry benefit from the changes made by AQIS?

Full benefit of AQIS no longer issuing Instruments of Approval (IOAs) and Letters of Acceptance (LOAs) can be achieved if:

• Those issuing self-declarations and those relying on self-declarations accept the replacement of the term ‘hazardous’ with ‘chemical’, i.e. the title should be ‘Declaration for a Chemical Substance for Use in Export Registered Meat and Meat Product Establishments’.
• Those approving use of specific chemicals in food establishments, including auditors:
  • Only use MSDS/SDSs for the purpose for which they were designed for and not for determining suitability for use in specific food establishments.
  • Determine whether the declaration can be trusted or not.
  • Consider aspects of chemicals that might adversely affect the wholesomeness of foods.  They should not hesitate to contact the supplier to gain confirmation that, in issuing a declaration, the supplier has addressed all aspects.
• Persons approving use of chemicals in food establishment:
  • Consider the supplier’s reputation.  Is the supplier known and trusted?  If the supplier is not well known to the person approving use of chemicals, determine what actions are possible if a chemical substance is found to be not suitable for use in situations specified in a declaration.
  • If a chemical is applied by a contractor (e.g. a pest control operator), ensure the contractor provides full details of the use of the chemical substance, e.g. a pest control operator should state precisely how much pesticide was mixed, how much was applied, the rate applied, and where it was applied.  The information should be left at the premises.  It will be invaluable if a problem arises and the supplier and contractor disagree as to who is responsible – note the Declaration states it is only valid if the product is used correctly.
• Exchanging information using this blog – leave comments to enable discussion about aspects of concern.