FAQs related to Illegal seed importer fined
You can contact the National Programme Manager
Acceptable methods of treatment are available in Appendix 1 and Appendix 3 of the import health standard for wood packaging material.
Methyl bromide is an ozone depleting substance and its use is not encouraged when alternatives are available. Methyl bromide use as a quarantine treatment is exempt from the consumption controls under the Montreal Protocol. It is not known how long this exemption will remain in place.
It is anticipated that the requirements will be in place on 1 May 2006 but there will be a grace period for enforcement will be staged between May and June
Between 1 May and 30 June 2006:
- Consignments will be risk profiled and a subset of these will be selected for inspection.
- Any wood packaging found to have pests will be treated, reshipped or destroyed.
- Wood packaging that is non-compliant will be tagged with an advisory notice to the importer.
From 1 July 2006:
- Wood packaging must comply with the import requirements.
- Consignments will be risk profiled and a subset of these will be selected for inspection.
- Any non-compliant wood will be treated, reshipped or destroyed.
- A notice will be sent to the importer about any non-compliant wood packaging.
Information from the non-compliances will be used to feedback into the risk profiling system. This means that importers who develop a history of non-compliance will be selected for inspection more often.
- Consignments will be risk profiled and a subset of these will be selected for inspection.
- Consignment documentation will be checked on arrival if your consignment is selected by the risk profile.
- If the wood packaging is not accompanied by the proper certification or marked appropriately it will be considered untreated.
- Consignments that contain untreated wood packaging material will be treated, reshipped or destroyed.
- Consignments that contain treated wood packaging material may be inspected to verify that the treatment was effective.
- Consignments that contain treated wood packaging material declared as compliant may be inspected to verify that the wood is marked appropriately.
No. Wood packaging must be compliant with New Zealand's import requirements.
To provide sufficient time for countries to develop certification programs for wood packaging materials, New Zealand is implementing a staggered enforcement plan.
After 1 July 2006 if any untreated packaging is found it will be treated, re-shipped or destroyed. Costs for these actions will be borne by the importer.
Yes. If you have untreated wood packaging in your consignment after 1 July 2006 you will have to treat, reship or destroy it. The costs of this will be borne by the importer.
To be compliant wood packaging must be:
- Treated (with rates specified in appendix 1 and 3 of the import health standard) using the following methods:
- Heat treatment
- Fumigated with methyl bromide
- Fumigated with phosphine
- Chemical preservation using:
- Boron compounds
- Copper + didecyldimethyl ammonium chloride
- Copper azole
- Copper chrome arsenic
- Propiconaole and Tebuconazole
- Wood packaging treated to ISPM 15 standard should be marked with the following:
XX = Two letter code for country in which wood packaging was produced
000 = Official certification number for facility that produced the wood packaging
YY = Treatment that the wood packaging has been given
This mark can only be given to wood packaging by an approved provider from the country of origin
- Wood packaging that is not marked with the above stamp must be accompanied by a phytosanitary certificate with the treatment detailed in the treatment section or a NPPO endorsed treatment certificate.
- Free from pests
- Free of extraneous material (e.g. leaves, soil)
- Free of all bark
Between 1 May and 30 June 2006 MAF Quarantine Service will be placing tags on any non-compliant wood packaging. The tags will help you identify which of your suppliers are not meeting the standard and allow you time to discuss with them before 1 July 2006.
After 1 July 2006 all wood packaging treated to ISPM 15 standard should be marked with the symbol below or accompanied by a phytosanitary certificate with the treatment detailed in the Treatment Section or a NPPO-endorsed treatment certificate.
XX = Two letter code for country in which wood packaging was produced
000 = Official certification number for facility that produced the wood packaging
YY = Treatment that the wood packaging has been given
If your wood packaging does not have either of these you must note it on your container log sheet and advise your supplier of the non-compliance.
We recommend that you destroy or treat any non-compliant wood packaging received.
Wood packaging material contaminated with bark shall have the bark removed (if possible) or treated, reshipped or destroyed.
The importer must pay for these.
The importer will be given a choice of treatment, reshipment or destruction of any non-compliant wood packaging. The final decision will rest with MAF.
MAF is improving procedures for assessing imported goods for biosecurity risk. Under the 2003 Regulations, risk assessment on import documentation is performed manually and MAF recovers the cost through an import documentation fee. This fee has been applied to risk goods only, but all imported goods need to be assessed for risk.
MAF screens all imported goods for the risk they pose to New Zealand. The biosecurity risk screening levy 2006 will be a new cost to importers who have previously not been charged the import documentation fee. Import entries identified as non- risk goods (such as shrink wrapped television sets) will be given a biosecurity clearance with no delay and no further cost beyond the biosecurity risk screening levy. Imported goods considered to be a risk will be identified for further consideration by MAF.
The Biosecurity (Costs) Regulations 2003 have been in place since May 2003 and charges have not been amended since then. The new charges reflect current costs and changes in MAF’s operations. In its provision of cargo clearance services, MAF needs to:
- Ensure that any changes in practices required at the border are adequately cost recovered;
- Avoid under and over recovery of costs over time;
- Ensure charges remain fair and equitable.
The key changes are:
- An increase in the MAF hourly rate inspection charge to $100 per hour;
- A new method of charging to recover costs relating to the primary screening of import documentation; a biosecurity risk screening levy of $3.38 will be charged on all imported goods that attract New Zealand Customs Service's import entry transaction fee. The biosecurity risk screening levy replaces the current inspection of import documentation fee from 1 October 2006. The levy will be collected by Customs on behalf of MAF.
- A new method of charging to pay for sea container clearance system costs and the increased monitoring and verification activities required by the revised import health standard for sea containers; A levy will be charged on all imported sea containers of $16 for full sea containers and $7 for empty containers.
- The number of categories of inspection charges for used vehicles has been reduced from 15 to four and the fee structure has been simplified. Inspection and re-inspection of used vehicles will be charged at the same rates.
Customs will collect the new levy on behalf of MAF, using existing systems and reducing duplication of government resources.
The biosecurity risk screening levy will be applied to all goods that attract Customs' import entry transaction fee. The import entry transaction fee is charged on commercial imports with duty and/or GST liability of $50 or more, and on private imports of good with a value of $1,000 or more and a duty and/or GST liability of $50 or more.
The biosecurity risk screening levy will be collected by Customs and billed on the same invoice sent to importers for the import entry transaction fee, duty and GST.
Payment conditions for the levy will be the same as for the import entry transaction fee. Levies invoiced in a given month will be payable in the following month under Customs' normal terms of business with each levy payer. Alternatively, for cash payments, goods will not be released until the levy is paid.
This levy is part of a whole-of-government response to border management, which will result in more effective goods clearance at the border. It is a fairer, more consistent charge on importers and is significantly lower than the previous charge of $28.70 (GST inclusive) on identified risk goods.
Automated risk assessment of all import documentation will fund biosecurity screening for goods coming into New Zealand. It will also reduce MAF Biosecurity New Zealand Clearance's administrative tasks, thus freeing up extra inspection capability without additional cost to industry.
Using Customs' existing systems to collect the levy will help reduce compliance costs to importers by providing one invoice statement from two government agencies.
After the release of its discussion paper Border Clearance Costs and Organism Identification Requirements in April 2006, MAF found that it needed to make modifications to some of its proposals outlined in that discussion paper in light of the consultation feedback received and changes in trade volumes and some costs. The reasons for this were:
- The volume of used vehicles, containers and general cargo had fallen further than anticipated;
- The Office of the Auditor- General had released its report on Managing biosecurity risks associated with high-risk sea containers recommending that MAF undertake additional work on containers;
- Some further costs had been identified.
Consequently, the shipping container levy was increased to enable more work to be undertaken on sea containers and the biosecurity risk screening levy was increased to fund more risk profiling effort and systems development as recommended by the Office of the Auditor-General report and further internal work. The hourly inspection rate was also increased slightly to ensure sustainability of the fees for the next 3 years.
The new charges under the Biosecurity (Costs) Regulations 2006 become effective from 7 September 2006. Imported goods that land in New Zealand and require biosecurity clearance from 7 September onwards will be charged the fees contained in the Biosecurity (Costs) Regulations 2006.
Importers will be able to pay in cash for fees incurred under the Biosecurity (Costs) Regulations 2006.
A charge for waiting time will be applied in the Biosecurity (Costs) Regulations 2006. This is payable at the applicable hourly rate for a MAF inspector or veterinary inspector for the time each inspector spends in waiting for the goods to become available.
Those being charged can minimise charges by ensuring compliance with the required standards and thus avoid additional inspections. Importers/transitional facilities can minimise charges by ensuring that risk goods are available for inspection at the time that has been booked, and that labour is provided for unpacking and repacking goods. Transitional facilities also need to be kept to the required standard.
Organism identification is costly work and the fees in the 2003 Regulations charged by the MAF Investigation and Diagnostic Centres (IDCs) did not reflect the true cost of the organism identification work. The fees for the identification of organisms provided by MAF IDCs are not set by the Biosecurity (Costs) Regulations 2006 but are contestable and subject to market forces. Where MAF Biosecurity New Zealand Clearance Service inspectors undertake an organism identification, this would be charged at $100 per hour.
MAFBNZ will apply the following organism identification charging policy for the Biosecurity (Costs) Regulations 2006:
- Organism identification required for risk profiling and other information gathering making purposes will be funded by the Crown;
- Importers will be required to pay for organism identification only where it is required to determine whether goods can be cleared for entry into New Zealand. The organism identification charge will be applied to all organisms, ie, regulated and non-regulated.
Travel zones fees have been introduced to ensure consistency nation-wide and to provide transparency for such fees. There are four zones. Each zone has been calculated to account for a return trip from the base site. MAF Biosecurity New Zealand Clearance Service has developed zone maps for each key location:
- Zone 1: $45 0-10 km radius
- Zone 2: $70 11-25 km
- Zone 3: $140 26-50 km
- Zone 4: $200 51-75km
Travel over 75 km is charged on the hourly rate of the inspector for the time that he or she has spent away from base, plus actual and reasonable costs. A zone fee will be applied for each visit. Where more than one inspection is undertaken during the same visit, the zone fee will be shared. If a subsequent re-inspection is required, then an extra zone fee will apply.
MAF anticipates that the new charges will stay in force for at least 3 years. The biosecurity risk screening levy, the shipping container levy and used vehicle inspection fees in the Biosecurity (Costs) Regulations 2006 are subject to memorandum accounting. Memorandum accounting means that if for example, trade volumes were to increase and MAF was to earn more funds than needed, excess funds can be carried forward to cover costs for the following year.
The biosecurity risk screening levy 2006 will not come into effect until 1 October 2006 in order to align with New Zealand Customs Service's monthly billing cycle to importers. In the intervening period, the import documentation fee of $28.70 (GST inclusive) will apply.
You should insert "MCD" (standing for MAF container declaration) in the code section of an Other Information field. If you hold a Quarantine Declaration, enter a 5-character string of "Y" and "N" values representing the answers to the 5 yes/no questions of the Quarantine Declaration, in the order shown below (they must be entered in the following order, regardless of the order in which they are shown on your quarantine declaration).
- Container cleanliness (the answer to the container cleanliness question, Y or N, must be the first character in the string).
- Packaging materials (the answer to the packaging materials question, Y or N, must be the second character in the string).
- Wood packaging (the answer to whether wood packaging is present in the container, Y or N, must be the third character in the string).
- Wood treated (the answer to whether the wood packaging in the container has been treated, Y or N, must be the fourth character in the string).
- Treatment certificate available (the answer to whether a treatment certificate for the wood packaging is available, Y or N, must be the fifth character in the string).
The question on type of wood treatment used is not included. Not all possible "Y/N" combinations are valid: if the answer to wood present is entered as "No", the answers to the wood treated and treatment certificate questions must also be "No", or the entry will be rejected. If the wood treated question is answered as "No", the answer to the treatment certificate question must also be "No", or the entry will be rejected.
If you do not have a Quarantine Declaration, or if the Quarantine Declaration is non-compliant, enter MCD in the code section of the field, but leave the data section of the field blank. If your supplier has entered invalid data (for instance, answered that no wood is present and wood has been treated, or that wood has not been treated and a treatment certificate is available), enter MCD in the code section of the field and leave the data section blank.
Australian packing declarations are not accepted in lieu of New Zealand Quarantine Declarations. You should follow the steps in Question 4 (import entry) or 5 (ECI report) for non-compliant Quarantine Declarations.
If the Quarantine Declaration is not compliant (see Question 1), or if a question of the Quarantine Declaration has been answered "don’t know" or left blank, you should follow the steps in Question 4 (import entry) or 5 (ECI report) for non-compliant Quarantine Declarations.
The Quarantine Declaration should contain the information shown on the sample quarantine declaration in the import health standard for sea containers (go to www.biosecurity.govt.nz/regs/cont-carg to obtain a copy of the standard).
The Quarantine Declaration must:
- Specify the container numbers.
- Each declaration may be for one or multiple sea containers.
- A list of containers covered by the QD may be on an attachment. There must be some linkage between this list and the front page containing the questions. (i.e. Pages 1 of 2 and 2 of 2 or commonly numbered documents.)
- Answer all of the questions shown on the sample quarantine declaration (in the standard). The questions do not have to be in the same sequence as they appear on the sample.
- Conclude with the name and signature of the person making the declaration.
- Stamped or electronic signatures are acceptable.
- Be dated.
The following are not compulsory but are desirable:
The Quarantine Declaration should:
- Be on supplier letterhead paper (or stamped with a company seal).
- Specify a vessel and voyage number (if known by the declarant).
- Show the designation of the person signing.
Please note:
- Translations of the quarantine declaration in 19 different languages are also available on the website listed above. Please note that these forms are displayed for information purposes only and the English version must be presented prior any container entering into New Zealand.
- Australian "Packing Declaration" certificates are not accepted in lieu of the New Zealand Quarantine declaration.
