Requirements of Transitional Facilities for Sea Containers

MAF Biosecurity New Zealand Standard
BNZ-STD-TFSCO

Re-issue: September 2007

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Table of Contents

• 1. INTRODUCTION
• 2. DEFINITIONS
• 3. APPLICATION AS FACILITY OR FACILITY OPERATOR
• 4. REQUIREMENTS FOR FACILITIES RECEIVING CONTAINERS
• 5. REQUIREMENTS FOR THE TRANSITIONAL FACILITY OPERATOR
• 6. REQUIREMENTS FOR AN ACCREDITED PERSON
• 7. RECORDS
• 8. AUDITS
• 9. USE OF MAF LOGO
• 10. SUSPENSION OR TERMINATION OF APPROVALS
• 11. COSTS

ENDORSEMENT

Pursuant to the Biosecurity Act 1993 and acting under the authority delegated to me by the Director General of Agriculture and Forestry, I hereby issue this revised standard.

Note: This standard will be replaced by a new Operational standard for all transitional facilities in the 2007/2008 financial year.

Clive Gower-Collins
Deputy-Chief Technical Officer
Import Standards Group Manager,
Border Standards Directorate
MAF Biosecurity New Zealand

Date:

1. Introduction

This MAF BNZ Operational Standard is issued pursuant to Section 39 of the Biosecurity Act 1993 (the Act). The Import Health Standard for Sea Containers for all Countries requires all sea freight containers imported into New Zealand is taken to a transitional facility approved under Section 39 of the Act. The Act also requires the transitional facility to have an approved operator and accredited persons who will take responsibility for the facility operation and unloading containers according to the above standard.

The transitional facility outlined in this standard is for the checking of sea containers imported into New Zealand for all types of containers, whether full or empty.

Sea containers containing risk goods (for example, fresh produce) must be taken to Transitional Facilities approved for those goods under MAF Standard - Requirements For Holding And Processing Facilities (Class: Transitional Facilities) For Uncleared Risk Goods (152.04.03F) as well as approved to receive containers under this standard.

2. Definitions

Approved - Approved by the MAF BNZ acting under the delegated authority of the Director-General MAF.

Approved Operator - a person approved by the MAF BNZ as a facility operator under section 40 of the Biosecurity Act 1993.

Approved Transitional Facility - a facility approved by the MAF BNZ pursuant to sect. 39 of the Biosecurity Act 1993.

Accredited person - a person who has undergone and passed the required course in biosecurity awareness associated with imported sea containers and container checking, and has been approved (see definition) to conduct certain checks under this standard. An accredited person may be the registered operator or staff member of a transitional facility, a stevedore, port company staff or a private contractor.

Contamination - Visible forms of animals, insects or other invertebrates (alive or dead, in any lifecycle stage, including egg casings or rafts), or any organic material of animal origin (including blood, bones, hair, flesh, secretions, excretions); viable or unviable plants or plant products (including fruit, seeds, leaves, twigs, roots, bark); or other organic material, including fungi; or soil or water; where such products are not the manifested cargo within the container. Note: Empty used cartons used for packaging meat, fruit and plant products should be considered to be biosecurity waste and should be treated as biosecurity contaminants.

MAF - Ministry of Agriculture and Forestry

MAF Biosecurity New Zealand (MAF BNZ) - The division within MAF responsible for leadership of the New Zealand biosecurity system. MAF BNZ facilitates international trade, protects the health of New Zealanders, and ensures the welfare of our environment, fauna and flora, marine life and Māori resources.

3. Application for Facility and Operator Approval

A person or organisation wishing to have their facility approved as a transitional facility for the receiving, unpacking and storage of sea containers and register as the operator must make an application to:

MAF Biosecurity New Zealand
Transitional Facility and Operator Applications
PO Box 53066
Auckland Airport
AUCKLAND
Attn: MAF BNZ - Biosecurity Officers

The Application form may be found in Appendix 1 of this Standard.

The application form and the Operational Procedure may be mailed to the address above or faxed to the relevant numbers on the application form.

For general enquiry's relating to the clearance of sea containers, approval of transitional facilities or accredited persons telephone 0800 222 018 or email seacontainer@maf.govt.nz

4. Requirements For Facilities Receiving Sea Containers

MAF BNZ must be satisfied that the facility meets the following requirements. The facility must have:

• A sealed (concrete, asphalt or similar) area upon which all imported sea containers must be kept until the exterior has been checked. The container must be unpacked on the sealed area. Where more than one imported sea container is being delivered, unloaded or stored there should be the ability to physically separate each container by not less than one metre on all sides. The sealed area must be kept clean and free of vegetation. Provided the containers exterior has been checked then it may be taken off the sealed area (if immediate unpacking is not required) but must be returned to the sealed area when it is to be unpacked.
• Freedom from weeds, rubbish or debris for 3 metres around the container. The intent is to remove hiding places for pests or new organisms that may be in or on the container.
• A broom, dustpan/shovel for sweeping containers and sealed area. These to be identified as belonging to the transitional facility and must only to be used within the facility, the sealed area or the container for biosecurity purposes.
• A bin with a tight fitting lid, lined with a plastic bag and labelled as "Biosecurity Waste Only" (or similar) to contain contamination from the container and sealed area when required. It is not for routine sweepings of non biosecurity waste.
• A portable light of sufficient power to inspect the floor of the container from the door and the visible under surfaces of the container.
• A dual-action aerosol insecticide having both knock-down and residual action properties (such as tetramethrin 4g/l for knock down and permethrin 1g/l for residual).
• All dedicated equipment labelled "for biosecurity use only".
• A means of disposing of biosecurity waste by a MAF BNZ approved method. Small quantities of biosecurity waste may be removed by the MAF BNZ during audits or other visits to the facility. Larger quantities of waste or waste considered high risk may require more specialised disposal. Advice from MAF BNZ should be sought.
• A person registered as the operator of the facility.
• Sufficient numbers of accredited person(s) available for checking containers

It is expected that the facility and operator should meet the requirements of this standard in every respect. However, if it is impossible or impractical to comply with the requirements because of other legislative requirements, or the nature of the cargo or any other good reason permission may be given by MAF BNZ on a case by case basis to differ from this standard provided equivalent biosecurity protection can be given. Permission must be sought prior divergence from these requirements. Call 0800 222 018.

The Facility must comply with all other relevant legislation such as the Health and Safety in Employment Act.

Once approved the transitional facility remains an approved transitional facility until the approval is revoked by MAF BNZ. Revocation may occur if:

• the facility or operator do not comply with the requirements of this standard or the
  Import Health Standard for Sea Containers from any Country, or
• the operator requests cancellation of approval, or
• the operator is not deemed to be a suitable person to operate such a facility.

5. Requirements for the Transitional Facility Operator

The registered operator of the facility is responsible for ensuring that the facility meets the requirements of this standard, that every container delivered is checked by an accredited person, and that any directions of a MAF BNZ inspector are carried out immediately. One person may have the role of both a facility operator and accredited person.

The registered operator and all facility staff must be aware of and comply with the requirements of this standard. No formal training is required to be an Approved Transitional Operator at this stage but operator training will be required with the replacement of this standard in the 2007/2008 financial year. However, the applicant must certify that the requirements of this standard and the Import Health Standard For Sea Containers from Any Country has been read and understood.

Applications for registration of the facility operator should be made with the application for facility approval as in Section 3 above.

Once approved an operator's approval will continue until revoked or unless:

• the facility or operator do not comply with the requirements of this standard or the Import Health Standard for Sea Containers from any Country, or
• the operator ceases employment with the owner or management of that facility, or
• the operator requests cancellation of approval.

6. Requirements for An Accredited Person

An accredited person is responsible for carrying out limited biosecurity checks at the port of arrival or at a transitional facility.

An accredited person must have undergone and passed a course in biosecurity awareness associated with imported sea containers and container checking, and have been approved (see definition) to conduct certain checks under this standard.

Re-accreditation training will be required after two years.

Depending on the number of containers received the facility may require more than one accredited person. The accredited person/s need not be an employee of the facility but must be received training and been accredited by MAF BNZ for checking of sea containers. More detailed requirements for container checking by accredited persons are given in the Import Health Standard Sea Containers from Any Country.

An accredited person must be present at the facility when containers are delivered, and when containers are being unpacked. The container is to be checked for contamination during delivery to the facility (external check), during unpacking, and at the completion of unpacking.

Any contamination found must be reported to MAF Biosecurity New Zealand whether associated with the container or cargo.

7. Records

The approved operator must be able to retrieve, at the request of a MAF BNZ inspector, records (for 2 years) covering:

7.1 all imported sea containers brought into the facility, including all of the following information where relevant to the particular containers or goods received:

• date of arrival at the facility
• container number
• ship & voyage number
• product and quantity unpacked
• country of export
• date of container devanning
• confirmation that internal and external checks were conducted
• name of the accredited person(s) who undertook the above checks
• record of contaminants found and whether MAF was notified
• any remedial action taken

7.2 basic procedures to ensure the requirements of all relevant MAF BNZ standards are followed.

7.3 a copy of the transitional facility approval certificate.

7.4 a copy of the operator’s approval certificate.

7.5 a list of accredited persons available to conduct container checks.

7.6 a copy of the current standard (Requirements of Transitional Facilities for Sea Containers Standard).

7.7 a copy of the current Import Health Standard for Sea Containers From all Countries.

8. Audits

MAF BNZ or their representative must have access to any approved transitional facilities, staff and records at a reasonable time for auditing of the facility, operator or accredited persons.

Although several days notice of an audit will normally be given MAF BNZ may make unannounced surveillance audits at any time.

The surveillance audit frequency will be determined by the level of confidence attained through prior audits (i.e. any major non-compliance found during these audits) but will normally be annually.

9. Use of MAF logo

The MAF logo or the word "MAF" may not to be used but the words "Ministry of Agriculture and Forestry approved" can be used by a facility operator after approval is given, provided that the wording is specific as to what the approval covers.

For example the following could be used on a letterhead:

"Approved by the Ministry of Agriculture and Forestry as a transitional facility for unpacking sea containers."

No person may operate or purport to operate a transitional facility unless that person is registered as the operator of that facility. MAF may take legal action where transgressions against these requirements are detected and are proven.

10. Suspension or Termination of Approvals

MAF BNZ may suspend or terminate the approval of a transitional facility to receive containers or an accredited person to carry out biosecurity checks at any time upon obtaining evidence that the facility or accredited person is not fulfilling the requirements of this standard or other MAF BNZ standards.

To voluntarily withdraw a facility’s approval to receive sea containers, the registered facility operator should apply in writing to the address given in Section 3. A person accredited to check sea containers may request withdrawal of accreditation by writing to the same address. MAF BNZ must be notified of any proposed changes of facility operator.

11. Costs

The costs of facility approval and audits of facilities and accredited persons will be recovered in accordance with the Biosecurity Act 1993 and any regulations made under that Act (for example, the Biosecurity (Cost) Regulations).

Generally speaking, facilities reporting contamination that requires an inspection by a MAF BNZ inspector will not be charged for that visit/inspection.

Transitional Facility/Operator Registration

Application forms and information on registering as a transitional facility and operator can be found on the MAF Biosecurity New Zealand website at: http://www.biosecurity.govt.nz/regs/trans/register.