With just a five per cent chance of being referred for inspection, in January, an incoming shipment of Impossible Foods’ plant-based Chicken Nuggets failed the Imported Food Inspection Scheme (IFIS) and was rejected from entering the country.
A spokesperson for the federal Department of Agriculture, Fisheries and Forestry (DAFF) told Food & Drink Business the department is responsible for administering the IFIS, which operates at the border to check the safety and compliance of imported food, based on risk.
“Under the IFIS, the rate that food is referred for inspection is based on risk. Risk food is initially referred at the rate of 100 per cent, with the referral rate reducing as compliance is demonstrated.
“Surveillance food, which includes products such as Impossible Foods’ Chicken Nuggets, have a five per cent chance of being referred for inspection,” the spokesperson said.
Impossible Food started importing its plant-based Chicken Nuggets into Australia in November last year.
The nuggets failed because they contained calcium pantothenate, which doesn’t have permission in the Australia New Zealand Food Standards Code to be in the product.
Under the Code (Standard 1.3.2 Vitamins and Minerals), vitamins and minerals can only be added to food if permissions exist in the code.
“In the context of the failure, the food poses a potential risk to human health as consumption of the food may lead to detrimental excesses or imbalances of the vitamin, in consumers of the food. Further information is available from the FSANZ website - Vitamins and minerals added to food (foodstandards.gov.au),” they said.
Australia’s imported food legislation dictates food importers are responsible for ensuring the foods they are importing are safe and compliant with Australia’s food standards. Post border, the state and territory food regulators are responsible for regulating food that is for sale.
Under Australia’s domestic food legislation, food businesses selling food in Australia are responsible for ensuring food for sale is safe, suitable, and compliant with Australia’s food standards.
When a food fails a border inspection it cannot be released, so Impossible Foods must either:
- Relabel the food (if the issue relates to non-compliant labelling); or
- destroy or re-export the food, under the supervision of an authorised imported food officer.
The department said that because Impossible Food’s failure related to the composition of a food, the company must either destroy or re-export the product.
“The requirement to re-export or destroy Impossible Food’s Chicken Nuggets only applies to the consignment (shipment) of nuggets that was randomly referred for inspection in January and failed. It does not apply to previous imports of the product that are on the shelf for sale or in warehouses.
“The department has no jurisdiction post border. Decisions about stock in the marketplace in Australia is the responsibility of the business selling the food. Regulatory responsibility lies with the state and territory food regulators,” the spokesperson said.
Following the incident, DAFF issued a holding order under the Food Control Act to ensure future consignments (same product, producer, and country of origin) of a food are referred for inspection to verify compliance and safety.
The monthly register of holding orders can be found here.
Impossible Foods has been contacted for comment.
