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BEEKEEPERS' WIN RAISES QUERY OVER LEGALITY OF IMPORT STANDARDS(New Zealand Press Association Via Thomson Dialog NewsEdge) Wellington, Dec 4 NZPA - Agriculture officials were today considering an Appeal Court decision which threatens to kneecap their ability to use import health standards to regulate biosecurity at the border. A lawyer said the court decision won by the nation's beekeepers could theoretically lead to imports grinding to a halt if Ministry of Agriculture and Forestry staff (MAF) cannot even consider recommending an import health standard for goods that might also bring in micro-organisms as small as bacteria and viruses. Today's court ruling upheld an argument by the nation's beekeepers that it is illegal for MAF to allow new ``passenger organisms'' -- including bacteria in honey -- across the border, unless they have been approved by the Environmental Risk Management Authority (Erma). MAF administers the Biosecurity Act, which allows it to balance the risks in allowing imports, but Erma's enabling legislation, the Hazardous Substances and New Organisms Act (HSNO), says it must approve any ``new organisms'' released in NZ. A key difference is the HSNO Act requires Erma to take a ``precautionary'' approach -- something not required of MAF under the Biosecurity Act. Most imports entering NZ carry a lot of ``passenger micro-organisms'', and many of those could be identified as not only new to NZ but new to science. Even if it was possible to test for all new micro-organisms, the testing could leave NZ open to complaints of using a non-tariff trade barrier. The Importers' Institute's Auckland secretary, Daniel Silva, said today that with over 100,000 mail items and 1500 shipping containers arriving at the border daily, they could not be checked for all bacteria and viruses which might be new to NZ. The institute agreed with MAF protecting the nation's flora and fauna, but felt the beekeepers' case could lead to more serious and considered decisions on which organisms should be blocked at the border. The case arose after MAF seriously upset beekeepers in August last year by lifting bans on the import of honey from Australia, leading to the import of 2000kg in December 2006. The National Beekeepers' Association -- which took the case against MAF director-general Murray Sherwin -- pointed to MAF's acceptance that honey imports meant Paenibacillus alvei (P. alvei) bacteria would eventually be introduced to NZ. An Erma ruling on February 12, 2007, concluded the bacteria would be a new organism in NZ. The beekeepers argued in the High Court that Australian honey should not be allowed into the country unless the risks of P. alvei had been considered by Erma, but lost when the judge, Justice Simon France, sided with MAF. But today Justices Grant Hammond, Tony Randerson, and Lester Chisholm ruled in the Court of Appeal that ``honey or other bee products from Australia containing P. alvei may not be imported without both biosecurity clearance under the Biosecurity Act 1993 and an approval granted for new organisms under the HSNO Act 1996. They awarded the beekeepers $5000 in costs and continued the interim order from the High Court banning further imports of honey from Australia, other than Western Australia, where P.alvei has not yet been reported. Parties were invited to make submissions on how the court should provide relief. Beekeepers' Association chief executive Jim Edwards, of Otaki, said the organisation was pleased by the decision, and would tonight review the next likely steps in the case. Today's ruling meant that Erma is responsible for deciding whether piggy-backing bacteria -- potentially found on many plants, animals and foods for which MAF frames import controls -- are a new organism or and whether they should be approved for release. Biosecurity Minister Jim Anderton said he wanted to read the court decision and would receive advice before reporting to cabinet on the implications of the judgement and the options available to the Government. NZPA WGT kca ob kk Copyright 2007 New Zealand Press Association, Source: The Financial Times Limited |