40 Duties of exporters

It is the duty of every exporter of wine to which this subpart applies—

(a)

to ensure that their operations as an exporter do not contravene any relevant requirement of or under this Act; and

(b)

to export only wine that meets—

(i)

the relevant wine standards and any supplementary notices; and

(ii)

the relevant overseas market access requirements notified or made available by the Director-General under section 41; and

(c)

to notify the Director-General as soon as possible, and in any case not later than 24 hours after the event or first knowledge of the event, of the event and what actions (if any) have been taken in respect of the event in any case where wine exported by the exporter—

(i)

is not fit, or is no longer fit, for its intended purpose; or

(ii)

is refused entry by the foreign government concerned; or

(iii)

does not meet or no longer meets the relevant overseas market access requirements as notified or made available by the Director-General under section 41; or

(iv)

does not have, or no longer has, the required official assurances; and

(d)

to maintain procedures and processes to demonstrate that the record-keeping requirements of and under this Act in relation to the provenance and processing of the wine exported by the exporter are being complied with; and

(e)

in the case where the wine is subject to export eligibility requirements, to ensure that they only export wine that has been shown to comply with those requirements and any supplementary notices.

Section 40(b)(i): amended, on 2 March 2018, by section 208(1) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 40(e): amended, on 2 March 2018, by section 208(2) of the Food Safety Law Reform Act 2018 (2018 No 3).