Please find more information about this topic via the https://www.agriculture.gov.au/website where this was originally published.
The information provided on this page is to assist industry stakeholders prior to the importation of goods during the BMSB risk season. Click to learn more:
Are my goods subject to seasonal measures?
Check if your goods need to comply with the seasonal measures
Will the goods be shipped between 1 September and 30 April (inclusive)?
Will the goods be shipped as sea cargo?
Have the goods been manufactured in, or shipped from, a target risk country?
Are the goods categorised as target high risk or target risk goods?
If you have answered yes to all the above questions, then BMSB measures will apply to your goods. The same conditions will apply for both new and used goods.
Note: The seasonal measures only apply to the goods being imported, not to the packaging material / non-commodity.
Circumstances where goods may not be subject to the seasonal measures
All target high risk goods manufactured in, or shipped from target risk countries as sea cargo must comply with mandatory treatment unless certain conditions deem mandatory treatment is not required.
Containers packed and sealed prior to 1 September
Where target high risk goods are packed and sealed in a six hard sided container in a target risk country prior to 1 September , a sealing declaration will be accepted by the department.
Goods stored or transported to non-target risk countries prior to 1 September
Goods will be deemed out of scope for mandatory BMSB measures if evidence can be provided that the goods have been transported to and stored in a non-target risk country prior to 1 September.
Evidence can be in the form of international trade documentation (as defined in Minimum documentary and import declaration requirements policy). Supplier/importer declarations are not acceptable forms of evidence.
Where enough evidence cannot be provided, the goods may be directed for export or onshore treatment (if permitted).
New, Unused and not Field Tested (NUFT) goods
Certain goods that can meet all the following criteria will not be subject to mandatory BMSB treatment:
Have the goods been manufactured on or after 1 December? (manufacture must start from 1 December).
Are the goods classified under the following tariff chapters only: 82, 84, 85, 86, 87, 88 and 89?
Can evidence be provided in the form of a BMSB NUFT (new, unused and not field tested) manufacturers declaration that the goods are manufactured on or after 1 December?
BMSB NUFT Declarations
In addition to Minimum Documentary and import declarations policy requirements for manufacturers declarations (sections 4.6.1), your BMSB NUFT Manufacturers declaration must also meet the following requirements:
Must contain the statement “the product is new, unused and not field tested”
Must have a manufacture start date.
Note: As per minimum documentary and import declaration requirements, manufacturers declarations will only be accepted from the company that manufactured/produced the goods and must be issued by either the individual manufacturing site or head office within the country of manufacture unless a valid import permit or BICON case states otherwise.
Note: The department considers goods field tested, if during the manufacture of the goods, animal or plant material or soil has been introduced or has come into contact with the machine or equipment.
If evidence is not provided, the goods may be directed for export or onshore treatment (if permitted).
A NUFT template has been added to the Templates for documentary evidence section of this page to use as a guide.
Household goods and personal effects imported as unaccompanied personal effects
Household goods and personal effects imported as Unaccompanied Personal Effects (UPEs), and that are categorised as target high risk goods, will not be subject to mandatory treatment requirements if they are imported under the B534 form (located via the Australian Border Force web page). However, goods that are required to be reported under a Full Import Declaration (FID), for example motor vehicles and motorbikes, will require mandatory BMSB treatment either offshore or onshore (if permitted).
All UPEs will be subject to increased onshore inspection. If the goods are imported as Less than Container Load (LCL) in a Freight of All Kinds (FAK) container, a Master Consolidators declaration will be required to be submitted and they will be subject to assessment and inspection at the container level prior to deconsolidation.
Whilst the department does not target UPE’s under the seasonal measures, outdoor furniture or goods that are stored outside do provide a suitable environment for BMSB to seek shelter. If BMSB are detected during the unpack of UPE’s please report it to See. Secure. Report. on 1800 798 636 or complete the online form.
Do my goods require treatment for BMSB?
Check if your goods require mandatory treatment
Will the goods be shipped between 1 September and 30 April (inclusive)?
Will the goods be shipped as sea cargo?
Have the goods been manufactured in, or shipped from a target risk country?
Are the goods categorised as target high risk?
If you have answered yes to all the above questions, then BMSB treatment will apply to your goods.
Goods shipped as a mixture of air cargo and sea cargo
The BMSB measures apply to goods that arrive into Australia as sea cargo, regardless if they were shipped via a different pathway for the first half of the journey. For example, air cargo to a non-target risk country, and then shipped as sea cargo to Australia are subject to BMSB measures.
Goods arriving into Australian territory via other pathways will be monitored for BMSB risk.
Goods shipped in refrigerated container
A refrigerated container (reefer) is categorised as a six hard sided container. If the goods were not treated offshore the container will require mandatory onshore treatment.
Deconsolidation or removal of goods from the container will not be permitted prior to treatment.
Treating goods to address both the commodity and BMSB requirements
Where one treatment is being conducted to meet two separate requirements (BMSB and commodity treatment) the highest of each treatment parameter (eg dose rate, minimum temperature, duration and retention) for each prescribed treatment rate must be met.
If treating offshore, treatment providers must be registered under the Offshore BMSB Treatment Providers Scheme (if treating in target risk countries) and must still provide BMSB treatment certificates (and phytosanitary certificates if required) as evidence the treatment has been completed. The documents must include all the required details to show that the treatment requirements for both commodity and minimum BMSB standards have been met or exceeded.
Packing of containers and plastic wrap
Ensure containers are packed in a manner that will enable effective onshore treatment where required, to avoid possible export of goods. This includes the use of plastic wrapping and packaging which must provide adequate access to the goods for the treatment to be effective.
Further information on treatment methodologies and treatment factsheets can be found on the Offshore BMSB Treatment Providers Scheme webpage.
Treating target high risk containerised goods offshore
All goods subject to the seasonal measures will be managed at the container level. If your container has mixed goods, such as target high risk, target risk and other goods, the container will be assessed as target high risk and treatment is required.
Note:
To expedite onshore clearances of LCL and FAK containerised cargo, importers are encouraged to treat these goods offshore and at the container level.
If BMSB is detected during inspection in Australia, all goods will require onshore treatment at the container level. Where non-compliance issues are identified, the goods may be directed for export or destruction.
BMSB detections may result in additional intervention being applied to the offshore treatment provider, supplier or importer to manage the risk of BMSB for future importations.
Goods subject to mandatory offshore treatment prior to arrival into Australia
Do your goods require mandatory offshore treatment?
Are the goods categorised as target high risk goods?
Are the goods shipped as break bulk, in open top containers, or on flat rack containers?
Will the goods be shipped between 1 September and 30 April (inclusive)?
If you have answered yes to all questions, the goods must be treated offshore prior to arrival, otherwise they will be denied discharge and directed for export on arrival.
What do I need to do if my goods require mandatory offshore treatment?
If you have determined your goods require mandatory offshore treatment, you need to check if an approved offshore treatment provider must be used.
Treatment in a target risk country
Goods treated in a target risk country, must be treated by a treatment provider registered and approved under the Offshore BMSB Treatment Providers Scheme.
Where goods are not treated by an approved offshore treatment provider, the treatment certificate will be deemed to be invalid and the goods will be denied discharge and directed for export on arrival.
Treatment in a non-target risk country
Goods treated in a non-target risk country do not have to use a treatment provider that is not registered and approved under the Offshore BMSB Treatment Providers Scheme. However, these goods may be subject to increased onshore intervention on arrival. This may include inspection to verify that the treatment has been carried out effectively.
We recommend you check and use an approved treatment provider under the Offshore BMSB Treatment Providers Scheme for the country of export where possible.If you have determined your goods require mandatory offshore treatment, you need to check if an approved offshore treatment provider must be used.
Treatment in a target risk country
Goods treated in a target risk country, must be treated by a treatment provider registered and approved under the Offshore BMSB Treatment Providers Scheme.
Where goods are not treated by an approved offshore treatment provider, the treatment certificate will be deemed to be invalid and the goods will be denied discharge and directed for export on arrival.
Treatment in a non-target risk country
Goods treated in a non-target risk country do not have to use a treatment provider that is not registered and approved under the Offshore BMSB Treatment Providers Scheme. However, these goods may be subject to increased onshore intervention on arrival. This may include inspection to verify that the treatment has been carried out effectively.
We recommend you check and use an approved treatment provider under the Offshore BMSB Treatment Providers Scheme for the country of export where possible.
Post treatment window
For goods treated prior to 1 December, a 120 hours post treatment window applies after they have been treated.
The 120 hour timeframe commences after treatment has been completed or when ventilation commences. For example, for:
Fumigation treatment, goods may be treated, and treatment seals left intact. The post treatment window will commence when ventilation commences.
Heat treatment, the post treatment window commences immediately after treatment has been completed.
Containerised goods - Goods must be loaded into a six hard sided container and sealed within 120 hours. A sealing declaration can be provided if required.
Break bulk (including flat racks and open top containers) – must be loaded onto a vessel for export from the target risk country within the defined timeframe of 120 hours.
NOTE: The post treatment window does NOT apply to goods treated in a non-target risk country, or to goods treated from 1 December (inclusive)
What happens to goods that arrive in Australia that have not met post treatment window requirements?
Onshore treatment is permitted for target high risk goods shipped in sealed six hard sided containers. For goods in sealed six hard sided containers, if the goods cannot be treated at the container level, or if the importer does not wish to have treatment performed on the goods, the cargo will be directed for export.
Break bulk cargo, including open top and flat rack containers, that have not met post treatment window requirements will be denied discharge and / or immediately directed for export for re-treatment.
Note: Where evidence can be provided indicating the goods were unavoidably rescheduled and loaded onto another vessel within 48 hours outside of the 120 hour post treatment window, please contact spp@agriculture.gov.au prior to the vessels arrival to Australia.
How do offshore treatment providers lodge treatment certificates?
Approved offshore treatment providers treating goods for the 2021-22 BMSB risk season must lodge their certificates through the department’s online system.
To ensure the department can match treatment documentation and facilitate clearance of goods from the wharf on arrival, offshore treatment providers are encouraged to lodge certificates as soon as possible post treatment.
Further information on the offshore treatment portal can be found on the Offshore BMSB Treatment Providers Scheme webpage. For further information regarding the Offshore BMSB Treatment Providers Scheme, please contact the BMSB Treatments team.
Goods transhipping through a target risk country
Transhipped goods are considered goods that are destined for a place outside of the target risk country but are discharged in a target risk country for loading onto another conveyance for export.
Check if your transhipped goods need to comply with the seasonal measures
Are the goods transhipped between 1 September and 1 December inclusive?
Are the goods being shipped from the target risk country as sea cargo?
Are the goods being transhipped via a target risk country?
Are the goods categorised as target high risk goods?
Are the goods being shipped as break bulk/flat rack/open top?
If you have answered yes to all the above questions, mandatory treatment will apply if the goods spend more than 120 hours in the target risk country.
Containerised goods
If the goods are sealed in a six hard sided container in a non target risk country, that will not be opened during transhipment in the target risk country, BMSB measures do not apply to your goods.
What about goods that arrive and discharge in Australia, to be transhipped to another country?
Target high risk goods shipped from target risk countries during the BMSB risk season that tranship via Australia, en-route to another country, may be subject to mandatory offshore treatment.
Check if your goods will require mandatory offshore treatment
Are the goods categorised as target high risk goods?
Are the goods shipped from a target risk county?
Are the goods shipped as break bulk, in an open top or on a flat rack container?
Are the goods being discharged from the vessel and landing on the wharf before transhipping to another country?
If you have answered yes to all of the questions above, the goods must be treated offshore using an approved offshore treatment provider.
Containerised goods
If the goods are sealed in a six hard sided container that will not be opened during transit or discharge in an Australian port, BMSB measures will not apply to the goods.
When an offshore treatment provider is suspended
Where detections of BMSB risk are found, and/or where we consider the treatment provider has not followed the treatment methodology, the treatment provider may be suspended and subject to further assessment/audit.
Suspension of offshore treatment providers will be notified to industry via Import Industry Advice Notices.
Goods shipped as break bulk, including open top or flat rack containers prior/after the suspension
Break bulk goods that were shipped on board on or prior to the relevant treatment provider being suspended (goods in-transit to Australia at the time of suspension) or shipped on board a vessel within 120 hours after the suspension, will be permitted to discharge/unload on arrival only if there is an approved risk management plan in place.
A risk management plan must be submitted to the department via email to Seasonal Pest Policy, prior to the goods arriving in Australia. Failure to do so will result in the goods being denied discharge and being directed for export. The risk management plan is intended to demonstrate to the department that the risk is being sufficiently managed in order to allow the transport of the affected cargo from the vessel to a department approved onshore treatment provider for treatment in accordance with the BMSB seasonal measures.
The BMSB risk management plan must include:
A documented procedure that outlines how a specific biosecurity risk (such as BMSB) will be managed to an acceptably low level on a consignment of cargo. In this situation, the cargo has been treated by an approved offshore BMSB treatment provider, which was subsequently suspended following the treatment being performed on the consignment of goods.
Confirmation in writing (letter/email from the wharf or treatment provider) that the potential BMSB risk will be tarped and secured within 24 hours of discharge. For example, envelope tarping or similar sealing containment methods to contain the risk and be effective even in adverse weather; AND
Confirmation in writing (letter/email from the treatment provider) that the goods can be treated within 48 hours of discharge by a department approved onshore treatment provider either at the wharf or, at an AA site within the port precinct.
Note: treatment location must be a metropolitan location within the discharge port precinct.
Goods are shipped as break bulk, including open top or flat rack containers after the suspension
Break bulk goods that were shipped after the relevant treatment provider was suspended will not be permitted to discharge/unload within Australian territory, or if they have been unloaded from the vessel, will be directed for immediate containment and export. These goods will be assessed as non-compliant break bulk goods.
Goods shipped as break bulk, including open top or flat rack containers, and arrived or discharged prior to the suspension
Break bulk goods that have been discharged prior to, or on the date the relevant treatment provider was suspended will be permitted for onshore treatment. These goods will be directed for appropriate containment of potential BMSB risk and treatment within 48 hours of arrival. If the goods cannot be treated within 48 hours, they may be directed for export, based on timeliness of treatment or export options. Break bulk goods treated onshore may be subject to further inspection.
Goods shipped as containerised cargo in sealed six hard sided containers
Goods that have been shipped in sealed six hard sided containers and treated by a suspended offshore treatment provider will continue to be permitted to discharge/unload on arrival as per the current processes. These goods will be directed for onshore treatment by a department approved treatment provider. De-consolidation or segregation of goods will not be permitted prior to treatment and goods may also be subject to further inspection.
Templates for documentary evidence
Sealing and Transhipment declarations must be completed by the exporter/freight forwarder/shipping company at the port of origin. Australian based importers/brokers cannot sign off on these declarations, and they will not be accepted by the department.
BMSB NUFT manufacturers declarations will only be accepted from the company that manufactured/produced the goods and must be issued by either the individual manufacturing site or head office within the country of manufacture unless a valid import permit or BICON case states otherwise.
Downloads
BMSB Sealing declaration (PDF 45 KB) BMSB Sealing declaration (DOCX 39 KB) BMSB 120 hour Tranship declaration by Road (PDF 70 KB) BMSB 120 hour Tranship declaration by Road (DOCX 36 KB) BMSB 120 hour Tranship declaration by Sea (PDF 73 KB) BMSB 120 hour Tranship declaration by Sea (DOCX 36 KB) BMSB NUFT manufacturers declaration template (PDF 124 KB) BMSB NUFT manufacturers declaration template (DOCX 39 KB)
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